Acceptance of Terms
By accessing or using this Site in any manner, including but not limited to visiting, browsing, submitting information, or engaging with any content or functionality offered on or through the Site, you accept and agree to be bound by these Terms of Service, our Privacy Policy (incorporated herein by reference), and all applicable laws and regulations.
If you do not agree to all of these terms, you are expressly prohibited from using the Site and must discontinue use immediately. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes.
We reserve the right to deny access to the Site or any portion thereof to any person for any reason at any time, in our sole and absolute discretion, without notice.
About Our Services
Reclaim & Recover is a consumer advocacy and claimant intake service. We operate as an advertising and marketing service that connects consumers who may have potential legal claims with independent, licensed attorneys and law firms ("Participating Attorneys") who may be able to assist them.
Our services include, but are not limited to:
- Providing educational content and information about potential legal claims, mass torts, product liability, personal injury, and other legal matters
- Collecting preliminary information from consumers who believe they may have a legal claim
- Screening, evaluating, and processing initial claim submissions
- Connecting qualified consumers with Participating Attorneys for potential legal representation
Eligibility
To use the Site and submit information through our forms, you must:
- Be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater
- Be a legal resident of the United States or its territories
- Have the legal capacity to enter into a binding agreement
- Not be barred from using the Site under any applicable law
If you are submitting a claim on behalf of another individual (such as a minor, a deceased person's estate, or an incapacitated individual), you represent and warrant that you have the legal authority to act on that individual's behalf and to bind that individual to these Terms.
By using the Site, you represent and warrant that you meet all eligibility requirements set forth herein. If we discover or have reason to believe that you do not meet these requirements, we reserve the right to terminate your access to the Site and discard any submissions you have made.
No Attorney-Client Relationship
No attorney-client relationship is formed between you and Reclaim & Recover by visiting this Site, submitting a form, providing personal information, sending an email, or engaging with our services in any other way. Reclaim & Recover is not a law firm and does not provide legal advice.
No attorney-client relationship is formed between you and any Participating Attorney solely by virtue of your submission of information through the Site. An attorney-client relationship with a Participating Attorney is established only when (a) you have been accepted as a client by that attorney or law firm, and (b) a formal retainer agreement or engagement letter has been executed between you and that attorney or law firm.
Any information you submit through the Site, prior to the establishment of a formal attorney-client relationship with a Participating Attorney, may not be treated as confidential or privileged. You should not submit information you wish to keep confidential until you have established a formal attorney-client relationship with a specific attorney.
Reclaim & Recover does not endorse, guarantee, or warrant the qualifications, competence, or quality of services of any Participating Attorney. Results are not guaranteed, and past results do not guarantee a similar outcome in your matter.
User Submissions & Consent to Share Information
When you submit information through the Site (including, without limitation, your name, contact information, medical information, employment history, injury details, or any other personal data), you understand, acknowledge, and agree to the following:
- Accuracy: You represent and warrant that all information you submit is true, accurate, complete, and current to the best of your knowledge. Providing false, misleading, or fraudulent information is strictly prohibited and may result in the disqualification of your claim and/or legal consequences.
- Consent to share: You expressly consent to Reclaim & Recover sharing, transferring, selling, or otherwise disclosing your submitted information to Participating Attorneys, affiliated law firms, legal marketing partners, co-counsel, case evaluation services, and other third parties as we deem necessary or appropriate for the purpose of evaluating, processing, and/or routing your potential claim to a qualified attorney.
- No obligation: You understand that the submission of your information does not guarantee that your claim will be accepted, that you will receive legal representation, or that any Participating Attorney will contact you or take on your case.
- Role limited to connection: Reclaim & Recover's role is limited solely to collecting your preliminary information and transmitting it to a Participating Attorney. Once that transmission occurs, Reclaim & Recover's involvement ends entirely. We have no obligation of any kind thereafter, and any ongoing relationship is exclusively between you and the Participating Attorney.
- License: By submitting content, you grant Reclaim & Recover a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, and distribute such content in connection with our business operations, subject to applicable privacy laws.
- Data retention: We may retain your submitted information for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements, even if your claim is not pursued.
Communications Consent (TCPA Compliance)
By providing your phone number and submitting a form on this Site, you expressly consent, in writing, to receive the following from Reclaim & Recover, its affiliates, Participating Attorneys, agents, service providers, and marketing partners:
- Telephone calls (including calls made using an automatic telephone dialing system or "autodialer")
- Pre-recorded or artificial voice messages
- Text messages (SMS and MMS)
- Emails
at the telephone number(s) and/or email address(es) you have provided, for the purposes of discussing your potential legal claim and any other purpose related to our services.
The verbatim consent disclosure applicable to all form submissions on this Site reads as follows:
You acknowledge and agree that:
- This consent is not a condition of purchasing any goods or services, and your consent is not required to obtain legal services.
- This consent overrides your listing on any state, national, or company do-not-call list.
- Message and data rates may apply, and you are solely responsible for any charges from your wireless carrier.
- Message frequency may vary.
- You may revoke your consent at any time by replying "STOP" to any text message, by emailing info@reclaimandrecover.com with the subject line "OPT OUT," or by notifying us in writing at the address provided in these Terms. Opting out of communications from Reclaim & Recover does not affect any consent you have separately provided to a Participating Attorney or other third party, nor does it affect our right to retain your previously submitted information.
- Your consent extends to any successor-in-interest or assigns of Reclaim & Recover.
This consent is given pursuant to the Telephone Consumer Protection Act (47 U.S.C. ยง 227), the CAN-SPAM Act, and all applicable federal and state laws governing electronic communications.
Privacy & Data Practices
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy for information about how we collect, use, store, and disclose your personal information.
By using the Site, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy, these Terms shall control.
We implement commercially reasonable technical and organizational measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee the absolute security of your data.
Intellectual Property
All content, features, and functionality on the Site โ including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, design elements, page layout, and the overall "look and feel" of the Site โ are the exclusive property of Reclaim & Recover or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property and proprietary rights laws.
The Reclaim & Recover name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Reclaim & Recover or its affiliates. You may not use such marks without our prior written permission.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only. This license does not permit you to:
- Modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information, software, products, or services obtained from the Site
- Use any data mining, robots, scraping, or similar data-gathering or extraction methods
- Frame or mirror any portion of the Site without our express written consent
- Use the Site's content for any commercial purpose or for the benefit of any third party
Prohibited Conduct
You agree not to engage in any of the following prohibited activities in connection with your use of the Site:
- Using the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation
- Submitting false, misleading, fraudulent, or deceptive information
- Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
- Interfering with or disrupting the operation of the Site, servers, or networks connected to the Site
- Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means
- Using any automated system, including but not limited to bots, spiders, scrapers, or offline readers, to access the Site
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Collecting or harvesting any personally identifiable information from the Site
- Using the Site to solicit others or to compete with Reclaim & Recover
- Reverse-engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Site or any related software
Violation of any of these provisions may result in immediate termination of your access to the Site and may expose you to civil and/or criminal liability.
Third-Party Links & Services
The Site may contain links to third-party websites, services, or content that are not owned or controlled by Reclaim & Recover. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
The inclusion of any link does not imply endorsement, approval, or affiliation by Reclaim & Recover. You access third-party websites and services entirely at your own risk and subject to the terms and conditions of use for those websites and services.
We strongly advise you to read the terms of service and privacy policies of any third-party website or service you visit. Reclaim & Recover shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services.
Disclaimers
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RECLAIM & RECOVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE
- WARRANTIES THAT DEFECTS WILL BE CORRECTED
- WARRANTIES THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
No Guarantee of Results
Reclaim & Recover makes no representations or guarantees regarding the outcome of any legal claim, case, or matter. Every legal matter depends on its own unique facts and applicable law. Past results and testimonials (if any) do not guarantee, warrant, or predict a similar outcome. The availability of a legal claim and the potential for compensation depend on many factors, and we make no promise or assurance that any particular result will be obtained.
Informational Purposes Only
The content on this Site is for general informational purposes only and does not constitute legal advice, medical advice, or professional counsel of any kind. You should not act or refrain from acting on the basis of any content included on the Site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in your jurisdiction.
No Responsibility After Referral
Reclaim & Recover's sole function is to collect preliminary information and route that information to a Participating Attorney. Once your submission has been transmitted, Reclaim & Recover has no further involvement in, responsibility for, or control over any aspect of your potential legal matter. We are not responsible for the acts, omissions, errors, representations, warranties, or conduct of any Participating Attorney, and we expressly disclaim any liability arising from the legal services (or lack thereof) provided by any Participating Attorney to whom your information was transmitted.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RECLAIM & RECOVER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, OR PARTNERS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY OF THE FOLLOWING:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
- ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
- ANY DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE
- ANY DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SITE
- ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
- ANY DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF ANY PARTICIPATING ATTORNEY OR LAW FIRM, INCLUDING BUT NOT LIMITED TO LEGAL MALPRACTICE, MISSED DEADLINES, OR FAILURE TO PURSUE A CLAIM
- ANY DAMAGES ARISING FROM OUR FAILURE TO PROVIDE FOLLOW-UP, CASE STATUS UPDATES, OR ONGOING SERVICES AFTER YOUR SUBMISSION HAS BEEN TRANSMITTED TO A PARTICIPATING ATTORNEY
WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE AMOUNT YOU HAVE PAID TO RECLAIM & RECOVER, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless Reclaim & Recover and the Released Parties from and against any and all claims, actions, demands, damages, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs) arising out of or related to:
- Your use of or access to the Site
- Any information you submit through the Site
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third party's rights, including intellectual property, privacy, or publicity rights
- Any claim that your submissions caused damage to a third party
This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.
Dispute Resolution & Binding Arbitration
14.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact Reclaim & Recover in writing at info@reclaimandrecover.com and provide a detailed description of the dispute and the specific relief sought. The parties shall attempt to resolve the dispute informally within sixty (60) calendar days from the date of the written notice. If the dispute is not resolved within that period, either party may proceed to binding arbitration as described below.
14.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or our services, including the interpretation, breach, termination, or validity of these Terms (collectively, "Disputes"), shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "AAA Rules"), as modified by these Terms.
The arbitration shall be conducted by a single, neutral arbitrator. The seat and place of arbitration shall be Sheridan County, Wyoming, unless the parties mutually agree otherwise or the arbitrator determines that such location imposes an undue burden on one party, in which case the arbitrator may select an alternative venue or conduct the arbitration by telephone, videoconference, or based on written submissions.
The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The Federal Arbitration Act (9 U.S.C. ยงยง 1โ16) shall govern the interpretation and enforcement of this arbitration agreement.
14.3 Exceptions to Arbitration
Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for disputes within the jurisdictional limits of such court; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
14.4 Arbitration Fees and Costs
Payment of all filing, administration, and arbitrator fees shall be governed by the AAA Rules. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees shall be governed by the AAA Rules and the arbitrator may require you to reimburse Reclaim & Recover for fees and costs incurred.
14.5 Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) calendar days of your first use of the Site by sending a written notice of your decision to opt out to: Reclaim & Recover, Attn: Arbitration Opt-Out, 1309 Coffeen Avenue, Sheridan, Wyoming 82801, or by email to info@reclaimandrecover.com with the subject line "Arbitration Opt-Out." Your opt-out notice must include your full legal name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. If you timely opt out, you may pursue Disputes in court, subject to these Terms. Failure to timely opt out shall constitute your consent to binding arbitration.
Class Action Waiver
Unless both you and Reclaim & Recover agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative, class, or collective proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth in Section 14 shall be deemed null and void in their entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.
Governing Law & Jurisdiction
These Terms, and any dispute arising out of or related to these Terms or the Site, shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
To the extent that any Dispute is permitted to be brought in court (including disputes opted out of arbitration under Section 14.5, or disputes falling under the exceptions in Section 14.3), you agree that such Dispute shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection on the grounds of inconvenient forum.
Modifications to Terms
Reclaim & Recover reserves the right, in its sole discretion, to modify, amend, supplement, or replace these Terms at any time and for any reason. When we make changes, we will update the "Last Updated" date at the top of these Terms. We may, but are not obligated to, provide additional notice of changes (such as by posting a notice on the Site or sending you an email).
Your continued use of the Site after any such modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue using the Site. It is your responsibility to review these Terms periodically for changes.
No modification of these Terms by you shall be effective unless expressly agreed to by Reclaim & Recover in a written instrument signed by an authorized representative of Reclaim & Recover.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If such modification is not possible, the provision shall be deemed severed from these Terms.
Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or agreements published by Reclaim & Recover on the Site, constitute the entire agreement between you and Reclaim & Recover regarding your use of the Site. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Assignment
You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without Reclaim & Recover's prior written consent. Any attempted assignment without such consent shall be null and void.
Reclaim & Recover may freely assign, delegate, or transfer these Terms, and any rights and obligations hereunder, without notice to you and without your consent, including in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of its assets, or similar transaction.
Waiver
The failure of Reclaim & Recover to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by Reclaim & Recover of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Reclaim & Recover.
Force Majeure
Reclaim & Recover shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, fire, flood, earthquake, war, terrorism, civil unrest, embargo, labor disputes or strikes, failure of third-party telecommunications or power supply, government actions or orders, cyberattacks, or any other event beyond our reasonable control. In the event of such force majeure, our performance obligations shall be suspended for the duration of the event.
Contact Information
If you have any questions, concerns, or complaints about these Terms of Service, please contact us at:
Mailing Address:
1309 Coffeen Avenue
Sheridan, Wyoming 82801
Email: info@reclaimandrecover.com
For arbitration opt-out notices, please include "Arbitration Opt-Out" in the subject line of your written correspondence. For opt-out of communications, please include "OPT OUT" in the subject line of your email.