Autobody Alliance

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

These Terms and Conditions of Use ("Terms") govern your access to and use of the website located at https://AutobodyAlliance.com , https://shop.autobodyalliance.com and any related web pages, subdomains, mobile interfaces, and online content operated by Quality Claims Solutions, Inc."QCS." By accessing or using this website, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of this website.

These Terms constitute a legally binding agreement between you and Quality Claims Solutions, Inc.. They apply to all visitors, users, and others who access the website, whether or not you are a registered user or a business client.

1. Acceptance of Terms

By accessing, browsing, or using this website in any manner, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to update, modify, or replace any part of these Terms at any time at our sole discretion. Changes will be effective upon posting to the website with an updated effective date. Your continued use of the website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Eligibility

This website is intended for use by individuals who are at least 18 years of age. By using this website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract in your jurisdiction. If you are using this website on behalf of a business entity, you further represent and warrant that such entity is duly organized and in good standing under applicable law.

This website is directed to users in the United States and Canada. QCS makes no representation that the content or services offered through this website are appropriate or available in other jurisdictions. Accessing this website from jurisdictions where its content is illegal or restricted is prohibited.

3. Description of Website and Services

Quality Claims Solutions, Inc. is an insurance technology company providing automotive insurance claims processing solutions to insurance carriers, third-party administrators, collision repair networks, and related industry participants. This website serves as a public-facing informational and marketing platform and may also provide access to client portals, demo requests, contact forms, and other online tools (collectively, the "Website Services").

The information and materials on this website are provided for general informational purposes only. Nothing on this website constitutes legal, financial, regulatory, or professional advice. Use of any software, platform, or services offered by QCS beyond this website is governed by separate written agreements between QCS and its authorized clients.

4. Intellectual Property Rights

4.1 Ownership

All content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "Content"), is the property of Quality Claims Solutions, Inc. or its content suppliers and is protected by United States and Canadian intellectual property laws, including applicable copyright, trademark, and trade secret law.

4.2 Trademarks

The name "Quality Claims Solutions, Inc.," the "QCS" abbreviation, the company logo, and all related product and service names, designs, and slogans are trademarks or registered trademarks of Quality Claims Solutions, Inc.. You may not use any of our trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

4.3 Limited License

Subject to your compliance with these Terms, QCS grants you a limited, non-exclusive, non-transferable, revocable license to access and use this website and its Content solely for lawful, personal, and non-commercial purposes. This license does not include the right to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, or create derivative works from the Content; (b) use any data mining, robots, scraping, or similar data gathering tools; (c) download or copy any account information for the benefit of another party; or (d) use this website or its Content for any commercial purpose not expressly authorized by QCS in writing.

4.4 Feedback

If you submit ideas, suggestions, feedback, or other materials regarding the website or our services ("Feedback"), you grant QCS a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and incorporate such Feedback for any purpose without compensation or attribution to you.

5. Acceptable Use Policy

You agree to use this website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the website. You agree not to:

• Use this website in any manner that violates applicable federal, state, provincial, or local laws or regulations in the United States or Canada, including without limitation laws governing data privacy, consumer protection, anti-spam, and export controls.
• Impersonate any person or entity,or falsely represent your affiliation with any person or entity, including QCS or its personnel.
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation.
• Attempt to gain unauthorized access to any portion of the website, other accounts, computer systems, or networks connected to the website through hacking, password mining, or any other means.
• Introduce viruses, Trojan horses, worms, malware, ransomware, or other malicious or technologically harmful material.
• Use automated tools, bots, scrapers, or crawlers to collect data from this website without our express written consent.
• Engage in any conduct that could disable, overburden, damage, or impair the website or servers or networks connected to the website.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices displayed on the website.
• Use the website in any way that could bring QCS into disrepute or harm the reputation or business interests of QCS.

QCS reserves the right to investigate suspected violations of these Terms and to take any action it deems appropriate, including suspending or terminating access to the website, reporting violations to law enforcement, and seeking injunctive or other legal relief.

6. User Accounts and Portal Access

Certain areas of this website or associated portals may require registration or the creation of a user account. If you register for an account, you agree to:

• Provide accurate, current, and complete information during registration and keep your account information updated.
• Maintain the confidentiality of your login credentials and not share them with any third party.
• Be responsible for all activities that occur under your account, whether or not authorized by you.
• Notify QCS immediately at Support@qcsdirect.com if you suspect any unauthorized use of your account or any other security breach.

QCS reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including suspected violation of these Terms or any applicable law. Account access for business clients is further governed by the applicable master services agreement or platform license agreement entered into with QCS.

7. Third-Party Links and Resources

This website may contain links to third-party websites, services, or resources that are not owned or controlled by QCS. These links are provided for your convenience only. QCS has no control over and assumes no responsibility for the content, privacy policies, terms of use, or practices of any third-party websites or services.

We strongly advise you to review the privacy policy and terms of use of every third-party website you visit. The inclusion of any link does not imply endorsement by QCS of the linked website or any association with its operators. QCS is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites.

8. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

QCS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. QCS DOES NOT WARRANT THAT:

• The website will be available, uninterrupted, secure, or error-free at any particular time or location.
• Any defects or errors in the website will be corrected.
• The results of using the website will meet your requirements or expectations.
• The website or the servers that make it available are free of viruses or other harmful components.
• Any content or information on the website is accurate, complete, reliable, current, or suitable for any particular purpose.

NOTHING ON THIS WEBSITE CONSTITUTES LEGAL, FINANCIAL, INSURANCE, REGULATORY, OR PROFESSIONAL ADVICE. YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL BEFORE ACTING ON ANY INFORMATION FOUND ON THIS WEBSITE.

Some jurisdictions, including certain Canadian provinces, do not allow the exclusion of implied warranties or limitations on statutory consumer rights. In such jurisdictions, the above exclusions apply only to the extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QCS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, this website or its Content.
• Any unauthorized access to or alteration of your transmissions or data.
• Any conduct or content of any third party on or through the website.
• Any errors, omissions, inaccuracies, or other deficiencies in the content of the website.
• Any reliance placed on information obtained from or through this website.

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, QCS'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.

10. Indemnification

You agree to defend, indemnify, and hold harmless Quality Claims Solutions, Inc., its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the website or any Content obtained through it.
• Your violation of any third-party right, including any intellectual property right, privacy right, or proprietary right.
• Any claim that your use of the website caused damage to a third party.
• Any fraud, misrepresentation, or willful misconduct by you.

QCS reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with QCS in asserting any available defenses.

11. Privacy

Your use of this website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and disclose information about you when you use our website. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.

Our Privacy Policy is designed to comply with applicable privacy laws in the United States and Canada, including the California Consumer Privacy Act (CCPA/CPRA), the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), and Quebec's Law 25. Please review our Privacy Policy carefully.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the website, shall be governed by and construed in accordance with the laws of the State of South Dakota, United States, without giving effect to any choice-of-law or conflict-of-law provisions.

For users accessing this website from Canada, nothing in these Terms shall be construed to limit or exclude any rights you may have under applicable Canadian federal or provincial law, including PIPEDA and Quebec consumer protection legislation.

12.2 Informal Resolution

Before initiating formal legal proceedings, you agree to first contact QCS at legal@qcsdirect.com and attempt in good faith to resolve any dispute informally for a period of no less than thirty (30) days.

12.3 Binding Arbitration (U.S. Users)

IF INFORMAL RESOLUTION FAILS, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES, RATHER THAN IN COURT, EXCEPT THAT YOU OR QCS MAY SEEK EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. THE ARBITRATION SHALL TAKE PLACE IN MINNEHAHA COUNTY, SOUTH DAKOTA, AND THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING.

CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

12.4 Canadian Users

For users located in Canada, you consent to the exclusive jurisdiction of the courts of competent jurisdiction in Minnehaha County, South Dakota (or, for matters arising under Canadian law, the courts of competent jurisdiction in the applicable Canadian province or territory), for the resolution of any disputes not subject to arbitration. Nothing in this Section limits your rights under applicable Canadian consumer protection or privacy legislation.

13. Termination and Suspension

QCS reserves the right, in its sole discretion, to terminate or suspend your access to all or any part of this website at any time, with or without notice, for any reason, including if QCS believes you have violated or acted inconsistently with these Terms or applicable law.

Upon termination, all rights granted to you under these Terms will immediately cease. Sections of these Terms that by their nature should survive termination (including, without limitation, intellectual property provisions, disclaimers, indemnification, limitation of liability, and dispute resolution) shall survive any such termination.

14. Copyright Infringement and DMCA Notice (U.S.)

Quality Claims Solutions, Inc. respects the intellectual property rights of others and expects users to do the same. If you believe that content on this website infringes your copyright, please submit a written notice to our designated agent that includes:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work you claim has been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to allow us to locate the material on the website.
• Your contact information, including your address, telephone number, and email address.
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

DMCA Agent: Quality Claims Solutions, Inc., Attn: Legal Department, Email: Support@qcsdirect.com

15. Accessibility

Quality Claims Solutions, Inc. is committed to ensuring that this website is accessible to individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 at the AA level. If you experience accessibility barriers while using this website, please contact us at legal@qcsdirect.com so that we may address your concerns.

16. Anti-Spam Compliance

QCS complies with the United States CAN-SPAM Act and Canada's Anti-Spam Legislation (CASL) with respect to commercial electronic messages (CEMs). All commercial email communications sent by QCS will: (a) accurately identify QCS as the sender; (b) include a valid physical mailing address; and (c) provide a clear and easy mechanism to opt out of future communications. All opt-out requests will be honored within ten (10) business days as required by law.

You agree not to use this website or any associated services to send unsolicited commercial electronic messages in violation of CAN-SPAM, CASL, or any other applicable anti-spam laws.

17. Force Majeure

QCS shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond QCS's reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government action, power outages, internet or telecommunications failures, or denial-of-service attacks.

18. Severability and Waiver

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, unenforceable, or contrary to law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

The failure of QCS to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by QCS in writing. No waiver by QCS of any breach or default shall be deemed a waiver of any subsequent breach or default.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements incorporated herein by reference, constitute the entire agreement between you and Quality Claims Solutions, Inc. with respect to your use of this website and supersede all prior and contemporaneous agreements, representations, and understandings between you and QCS relating to the subject matter hereof. In the event of a conflict between these Terms and any other agreement between you and QCS regarding specific services (such as a master services agreement or platform license), the terms of the specific services agreement shall control to the extent of the conflict.

20. Contact Information

If you have any questions, concerns, or requests relating to these Terms, please contact us at:

• Quality Claims Solutions, Inc.
• Attn: Legal Department
• Email: Support@qcsdirect.com
• Website: www.qcsdirect.com