Terms of Service

PLEASE READ SECTION 14 CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS.

By using the Services you accept these Terms. If you do not accept them, do not use the Services.

1. Emergencies

The Services are not for emergencies. If you or anyone else is injured or in danger, stop and call 911.

We do not monitor submissions in real time and cannot provide emergency assistance.

2. Eligibility

You must be at least 18 and able to form a binding contract. You may use the Services for yourself, or for another person if you have that person's authorization to submit their information, which you represent that you have.

3. What Crash.Help Is, and What It Is Not

Crash.Help provides information about what to do after a motor vehicle accident and, at your request, connects you with attorneys and other service providers who participate in our network.

We are not a law firm. We do not practice law, do not provide legal advice or legal services, and do not represent you. No attorney-client relationship is formed between you and Crash.Help. Nothing on the Services is legal advice, and general information is not a substitute for advice from a licensed attorney about your situation.

We are not a lawyer referral service and we are not endorsed by, affiliated with, or approved by The Florida Bar. We are a qualifying provider under Rule Regulating The Florida Bar 4-7.22.

We do not evaluate or endorse. Participating attorneys and providers are not selected, certified, screened, or ranked by us on the basis of quality, competence, results, or fitness for your matter. Participation is paid placement. When we make a connection we will tell you the city, town, or county of a bona fide office of the attorney. You are responsible for evaluating any attorney or provider before engaging them, including checking licensure and disciplinary history with The Florida Bar or the applicable licensing authority. The attorney you are connected with may refer your matter to another lawyer.

We are not an insurance company, adjuster, public adjuster, broker, or medical provider.

We do not guarantee outcomes. We make no representation that you have a valid claim, that any attorney will accept your matter, or that you will recover anything.

Deadlines are your responsibility. Legal claims are subject to statutes of limitations and other deadlines that can bar a claim permanently. Using the Services does not preserve, toll, or extend any deadline. Consult a licensed attorney promptly.

4. You Contact Us First

We do not contact accident victims.

We advertise to the public. We do not obtain crash reports, we do not use data derived from crash reports or motor vehicle records, and we do not initiate contact with anyone because they were in an accident. Every connection through the Services begins with a request you make.

If you receive a call, text, or message from someone claiming to represent Crash.Help and you did not contact us first, it did not come from us. Please report it to support@crash.help.

5. How We Are Paid

You pay us nothing. Attorneys and service providers pay us an advertising fee to participate. This is a paid advertising arrangement, disclosed here so you understand the basis on which connections are made.

We do not share in any legal fee and receive no part of any recovery you obtain. Any attorney you engage will have a separate written agreement with you governing fees and the scope of representation. We are not a party to that agreement. We do not require or pressure participating attorneys to refer you to any other person or service.

6. Consent to Be Contacted

By submitting your telephone number you give your prior express written consent for Crash.Help and the attorneys and providers we connect you with to call and text you at that number, including through an automated system for the selection and dialing of telephone numbers and prerecorded or artificial voice messages, about your inquiry and related services.

Consent is not a condition of any purchase or of receiving any service. Message and data rates may apply, frequency varies, and contact will occur only between 8:00 a.m. and 9:00 p.m. local time. Reply STOP to end texts and HELP for help. We will cease text messages within 15 days of a STOP request and may send one confirmation message.

You agree to receive communications and disclosures from us electronically, and that electronic records and signatures satisfy any requirement that a communication be in writing or signed.

7. Your Information and Content

You are responsible for the accuracy of what you submit. Submitting false or misleading information is a breach of these Terms.

Your content. You keep ownership of photographs, documents, and other materials you upload ("User Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and transmit your User Content in order to operate the Services and fulfill your request, including transmitting it to attorneys and providers you ask to be connected with. The license ends when your User Content is deleted, except for copies in backups or retained as required by law, and except that we may retain and use de-identified and aggregated data indefinitely.

You represent that you have the rights necessary to submit your User Content and that it infringes no one's rights and violates no law.

Once transmitted, we cannot retrieve it. Information sent to an attorney or provider at your request cannot be recalled by us.

No privilege. Communications with Crash.Help are not protected by the attorney-client privilege or the work product doctrine, because we are not your attorney. Do not send us anything you would not want disclosed.

8. Prohibited Uses

• Submitting information about a person without that person's authorization
• Using the Services to harass, defraud, or mislead
• Scraping, crawling, or harvesting data from the Services
• Interfering with the Services or attempting unauthorized access
• Using the Services to solicit business, market services, or generate leads
• Reverse engineering or copying any part of the Services
• Using the Services in violation of any law, including Fla. Stat. §§ 316.066, 817.234, and 877.02 and the Rules Regulating The Florida Bar

9. Third Parties

Attorneys, providers, and other third parties are independent of us. We are not responsible for their acts, omissions, advice, services, fees, or communications, and we do not supervise them. Any dispute between you and an attorney or provider is between you and them.

10. Intellectual Property

The Services, including all text, design, graphics, and software, are owned by us or our licensors and protected by intellectual property law. We grant you a limited, revocable, non-transferable license to use the Services for your personal, non-commercial use.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any information provided is accurate, complete, or current.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR THE LOSS OF ANY LEGAL CLAIM OR RIGHT OF RECOVERY, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE THOUSAND DOLLARS ($1,000).

Savings clause. Nothing in these Terms limits or waives any right or remedy you have under the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. ch. 501, Part II, or any other right that cannot be limited or waived by agreement under applicable law. Some jurisdictions do not allow certain limitations, so parts of Sections 11 and 12 may not apply to you.

13. Indemnification

You will indemnify and hold harmless Crash.Help and its officers, members, employees, and agents from any claim, loss, liability, and expense, including reasonable attorneys' fees, arising out of your use of the Services, your User Content, your breach of these Terms, or your violation of any law or third-party right.

14. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

14.1 Informal resolution first. Before starting an arbitration you agree to send a written Notice of Dispute to support@crash.help describing the dispute and the relief sought, signed by you. We will send any notice to your contact information on file. The parties will attempt in good faith to resolve the dispute for 60 days. This is a condition precedent to arbitration, and either party may seek to enjoin an arbitration filed without it. The applicable limitations period is tolled during this period.

14.2 Agreement to arbitrate. Except as provided below, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules, and not in court. The Federal Arbitration Act governs this Section. To the extent the FAA does not apply, the Revised Florida Arbitration Code, Fla. Stat. ch. 682, applies.

14.3 Exceptions. Either party may bring an individual claim in small claims court. Either party may seek injunctive relief in court for infringement or misuse of intellectual property. Nothing in this Section applies to any claim you may have against an attorney or provider you were connected with. Those relationships are governed by your agreement with them.

14.4 Class action and jury waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT. YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

14.5 Coordinated filings. If 25 or more similar demands for arbitration are filed by or with the assistance of the same counsel or coordinated entities, the demands will be resolved in staged batches of no more than 50 at a time, with a single arbitrator per batch, and the limitations period tolled for demands awaiting a batch. The parties will cooperate with the administrator to implement this process.

14.6 Arbitrator authority. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this Section, except that a court decides the enforceability of Section 14.4. Arbitration will be conducted by telephone, video, or written submissions unless the arbitrator orders otherwise, and any in-person hearing will occur in the county where you reside or another mutually agreed location.

14.7 Severability. If Section 14.4 is unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court and the remainder arbitrated. If any other part of this Section is unenforceable, it will be severed and the remainder enforced.

14.8 30-day opt-out. You may opt out of this Section by sending written notice to support@crash.help within 30 days after you first accept these Terms, stating your name, the email or phone number associated with your use of the Services, and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

14.9 Survival. This Section survives termination of these Terms and your use of the Services.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Subject to Section 14, any action that may be brought in court will be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and you consent to personal jurisdiction there.

16. Changes to These Terms

We may modify these Terms. We will post the revised Terms with a new effective date and, for material changes, give reasonable advance notice. Changes are not retroactive. Continued use after the effective date constitutes acceptance. Material changes to Section 14 will not apply to any dispute for which a Notice of Dispute was already sent.

17. Termination

We may suspend or terminate your access at any time, with or without notice, for any reason. Sections 7, 9, 11, 12, 13, 14, 15, and 18 survive.

18. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services.

Severability. If any provision is unenforceable, the remainder stays in effect.

No waiver. Failure to enforce a provision is not a waiver.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

Notices. We may give notice by email, by posting on the Services, or by mail. Notices to us go to support@crash.help.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.