Policy Limits Terms and Agreement
Effective Date: | Last Updated:
On this page
- 1. Introduction, Definitions and Acceptance
- 2. The Policy Limits Service and Permitted Use
- 3. Eligibility, Accounts and Firm Responsibilities
- 4. Submitting Requests and Accuracy of Information
- 5. Fees, Pricing, Payment and Billing
- 6. Turnaround, Results, No-Hit and Resubmissions
- 7. Third-Party Providers, Privacy and Confidentiality
- 8. No Legal Advice, Prohibited Conduct and Compliance
- 9. Intellectual Property, Disclaimers and Limitation of Liability
- 10. Indemnification, Term, Termination and Disputes
- 11. General Provisions
- 12. Acknowledgment and Contact
1. Introduction, Definitions and Acceptance
1.1 Agreement. These Policy Limits Terms and Agreement (the “Terms”) are a binding contract between Aspen Holdings LLC, a California limited liability company doing business as Fund Capital America, FCA and FCA Policy Limits (“FCA,” “we,” “us” or “our”), and the law firm, attorney or other business that submits a Policy Limits Request through our website, portal, email, phone or any other channel (“Client,” “you” or “your”).
1.2 Acceptance. You accept these Terms when you (a) check the acknowledgment box or click “Submit,” “I Agree” or a similar button, (b) submit a Policy Limits Request, (c) open an account, or (d) accept our work product or pay an invoice, whichever happens first. If you accept for a firm or company, you confirm you have authority to bind it. If you do not agree, do not submit a request.
1.3 Definitions.
- “Policy Limits Request” or “Request” means a request that FCA locate, confirm or obtain information about the existence, carrier, policy number and liability, uninsured/underinsured motorist, umbrella, excess or other coverage limits of an insurance policy, including personal limits, commercial limits, standalone umbrella and discovery (insurance existence) searches.
- “Service” means FCA’s Policy Limits services, website, portal, forms and related support.
- “Provider” means any vendor, subcontractor or research partner that FCA uses to process a Request.
- “Result” means the information or report FCA returns for a Request, including a “Hit” (coverage information located) or “No Hit” (no coverage information located).
- “Claim Subject” means the person, vehicle, property or business that is the subject of the Request.
- “Fees” means the amounts described in Section 5.
- “Personal Information” means information that identifies or relates to an individual, including a Claim Subject.
1.4 Changes to these Terms. We may update these Terms. The version in effect when you submit a Request governs that Request. Material changes will be posted on our website with a new “Last Updated” date, and your continued use after the effective date means you accept them. A signed written agreement between you and FCA controls over these Terms where the two conflict.
1.5 Order of precedence. If there is a conflict, the order is: (1) a signed written agreement or written pricing agreement with FCA, (2) these Terms, (3) any order form or Request.
2. The Policy Limits Service and Permitted Use
2.1 What we do. FCA accepts Requests from attorneys and law firms and uses its own staff and Providers to seek insurance coverage and policy-limit information on the Claim Subject, using the information you supply. We then return a Result to you.
2.2 Who may use the Service. The Service is for licensed attorneys, law firms and their authorized staff acting in a pending or reasonably anticipated claim, lawsuit or settlement matter. It is not for consumers, claimants acting on their own, insurers’ adverse use, or any person who is not authorized by an attorney of record.
2.3 Permitted purpose. You may submit a Request only for a legitimate legal purpose, such as evaluating, negotiating, pursuing, settling or litigating a bodily injury, property damage, wrongful death, or similar claim, or for a purpose otherwise permitted by applicable law. You may not use the Service or any Result for any purpose that is unlawful or that is not described in this Section.
2.4 Authority and consent. You represent that for every Request you (a) have an attorney-client relationship or other lawful basis for the matter, (b) have authority to request information about the Claim Subject, (c) have obtained any consent, authorization or notice required by law, and (d) will give us any signed authorization, representation letter or proof of representation that a carrier or Provider requires.
2.5 How information is obtained. FCA seeks information through lawful means, including written requests to carriers and insurers, public records, and information the Claim Subject or other parties have provided. FCA does not use pretexting, impersonation or any deceptive method, and you may not ask us to.
2.6 Not a consumer report. The Service is not a “consumer reporting agency” service. A Result is not a consumer report under the Fair Credit Reporting Act, and you may not use any Result to decide a person’s eligibility for credit, insurance, employment, housing or any similar purpose.
2.7 Scope limits. Unless we confirm otherwise in writing, the Service does not include a coverage opinion, a coverage-dispute analysis, a bad-faith evaluation, a medical, billing or records request, an asset search, or any legal service.
3. Eligibility, Accounts and Firm Responsibilities
3.1 Eligibility. You must be at least 18 years old, be a business or professional entity in good standing, and, if you are an attorney, hold a license in good standing in at least one U.S. jurisdiction. You will tell us promptly if your license or status changes.
3.2 Accounts and portal access. If we give you portal or account access, you must provide accurate registration information, keep it current, and keep credentials confidential. You are responsible for all activity under your account, including activity by your staff, paralegals, case managers and anyone you authorize. Notify us immediately at the contact in Section 12 if you suspect unauthorized use.
3.3 Authorized users. You may allow only your own employees and agents who need access for a permitted purpose. You are responsible for their compliance with these Terms and for training them.
3.4 Professional obligations. You are solely responsible for your own compliance with the rules of professional conduct, court rules, privilege, confidentiality, fee-sharing and advertising rules, and any law that applies to your practice. Using the Service does not change any duty you owe to your client.
3.5 No nonlawyer practice. FCA is not a law firm and does not practice law. You will not rely on FCA to give legal advice, supervise your matter, or decide how to use a Result.
3.6 Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, agency or fiduciary relationship, and do not create any attorney-client relationship between FCA and you or your client.
3.7 Referral sources and representatives. If an FCA representative or referral source handles your account, that person does not have authority to change these Terms or promise results, pricing, turnaround or anything of value. Only a signed writing from an authorized FCA officer can change these Terms.
3.8 No inducements. FCA does not give, and you may not request or accept, gifts, kickbacks, referral payments or anything of value in exchange for sending or directing Requests, except lawful, disclosed pricing terms stated in writing.
4. Submitting Requests and Accuracy of Information
4.1 How to submit. Submit Requests through our website, portal, approved form, or another channel we designate. We may decline a Request submitted another way or one that is incomplete.
4.2 Required information. Each Request must include, as applicable: the Claim Subject’s full legal name; date of loss; claim or case number if known; the carrier or insured party if known; the vehicle, property or business involved; the type of search (personal limits, commercial limits, umbrella, discovery); any rush option; and your contact and billing details. We may ask for a signed representation letter, authorization or proof of representation, and we may pause the Request until we receive it.
4.3 Accuracy. You are responsible for the accuracy and completeness of every Request. Errors in names, dates of loss, policy information, claim numbers, or the type of search can delay the Request, cause a No Hit, or increase the Fee. We are not liable for a Result that is inaccurate or incomplete because the information you gave us was wrong or incomplete.
4.4 Duplicate and repeat requests. Please check your records before you submit. We may treat the same Claim Subject, date of loss and carrier submitted more than once as a duplicate and bill it, except as provided in Section 6.6.
4.5 Search type. Select the correct search type. If you select a personal limits search and the matter requires a commercial limits search, a discovery search or an umbrella search, we may re-classify the Request and charge the Fee for the correct type.
4.6 Specialty carriers. Some carriers are handled as specialty carriers. We may add the specialty fee shown in our current price list to a Request involving a specialty carrier, unless your written pricing agreement says otherwise.
4.7 Cancellation. You may ask us to cancel a Request by contacting us in writing. If processing has started or a Provider has begun work, you remain responsible for the Fee. If we cancel the Request before work has started, no Fee applies.
4.8 Acceptance of Requests. FCA may decline, suspend or cancel any Request at its discretion, including where the information is insufficient, the purpose is unclear, the Request appears unlawful or in violation of these Terms, or a Provider cannot process it.
5. Fees, Pricing, Payment and Billing
5.1 Fees. You agree to pay the Fees for each Request at the rates FCA quotes to you or publishes at the time of the Request, or as set out in a written agreement signed by an authorized FCA officer. Fees are stated in U.S. dollars and may vary by search type, carrier, and any rush or add-on options you select.
5.2 Special arrangements. Any rate or arrangement that differs from FCA’s standard pricing applies only if it is in a writing signed by an authorized FCA officer. No representative may change pricing verbally.
5.3 Fee on results. Unless your written agreement or the Request confirmation says otherwise, the base Fee for a limits search is earned when we deliver a Hit. We do not charge the base Fee for a No Hit on a standard limits search. Discovery deposits, rush fees and add-on fees are described in Section 6.5 and may apply regardless of the Result.
5.4 Invoicing and payment. We invoice on delivery of a Result or as stated in the Request. Payment is due within 15 days of the invoice date (net 15) unless a signed agreement says otherwise. We accept the payment methods shown on the invoice. ACH and debit card payments through the secure payment link carry no charge. Beginning November 22, 2026, payments by credit card include a surcharge of 3.045% of the payment, which does not exceed our average cost of accepting credit cards. The surcharge is shown in dollars before you confirm payment and on your receipt. No surcharge applies to debit cards, prepaid cards, ACH or check.
5.5 Late payment. An invoice is late on the 16th calendar day after the invoice date. A paper check received within 3 calendar days after the due date is not late. A late fee of $25 applies on day 16 and again every 16 days after that for as long as any amount remains unpaid. Total late fees on an invoice will not exceed 100% of the invoice amount, or the maximum amount the law allows if that is less. We may suspend the Service or require prepayment while any balance is overdue, and you will pay reasonable collection costs and attorneys’ fees, subject to applicable law.
5.6 Taxes. Fees do not include sales, use, or similar taxes. You are responsible for any such taxes, other than taxes on FCA’s income.
5.7 Billing disputes. Tell us in writing within 30 days of the invoice date about any amount you dispute, with the reason and case number. Undisputed amounts remain due. Invoices not disputed within that period are considered accepted.
5.8 Contingent fee matters. Your obligation to pay does not depend on the outcome of your client’s claim, on whether your client recovers, or on when your client pays you. FCA is not a party to your fee arrangement with your client.
5.9 Price changes. We may change our prices at any time, effective when posted or when we notify you. A change applies only to Requests submitted after it takes effect and does not affect Requests already submitted.
6. Turnaround, Results, No-Hit and Resubmissions
6.1 Turnaround is an estimate. Turnaround times we state or display are good-faith estimates, not guarantees. Carriers, insurers and other third parties control their own response times. Delays can come from incomplete information, carrier backlogs, holidays, weather, system outages, or Provider capacity. Time is not of the essence unless we agree in a signed writing.
6.2 Rush options. A rush option (2 business days, next day, same day, or a 7-day discovery guarantee) is a target we will pursue with commercially reasonable efforts. If we accept a rush option and miss the stated target for a reason within our control, your sole remedy is a refund or credit of that rush fee. The rush fee is not refundable if the delay was caused by missing or wrong information, a carrier or third party, or a force majeure event (Section 11.3).
6.3 No guarantee of results. We do not guarantee that any Request will return a Hit, that a Result will be complete, current or free from error, or that a Result shows every policy or all available coverage. Insurers may not disclose policies, may disclose partial information, or may change limits, and policy limits can change after a Result is delivered. Results are based on information available to us on the date of the search.
6.4 Hit and No Hit. A Hit means we located coverage information. A No Hit means we did not locate coverage information through our methods. A No Hit does not mean that no insurance exists. You are responsible for deciding what further steps to take, including a formal discovery demand, a subpoena, or a request to the insurer or adjuster.
6.5 Discovery, deposits and add-ons. Discovery (insurance existence) searches may require a deposit when you submit the Request and a final fee when coverage is located. Unless your written agreement or the Request confirmation says otherwise, the deposit is non-refundable once work begins. Rush and add-on fees are charged as stated at the time of the Request.
6.6 Resubmissions and re-runs. If a Request returns a No Hit and you believe the information was incorrect, you may submit a corrected Request. We may treat the corrected Request as a new Request and charge the applicable Fee, unless we agree in writing to treat it as a free re-run. FCA may, at its discretion and at no charge to you, re-run a Request that returned a No Hit with the same Provider or a different Provider to see whether coverage information can be found. You are billed only once for a Request, and only if a Hit is delivered.
6.7 Incorrect or incomplete Results. If you believe a Result is wrong or incomplete because of our error, tell us in writing within 30 days of delivery with the case number and the reason. If we confirm our error, we will correct the Result at no charge or, if we cannot, refund or credit the Fee for that Request. This is your sole and exclusive remedy for an incorrect Result. We do not accept reports of errors made after that 30-day period.
6.8 Reliance and verification. A Result is a research aid. It is not a certified copy of a policy, a declarations page, or an insurer’s written statement unless the Result itself says so. Before you rely on a Result to make a demand, to settle, or to advise your client, you must verify it in the manner your professional judgment requires, including by confirming it with the insurer in writing when the stakes require it.
6.9 Time-limited demands. Do not rely on any estimate or Result to meet a statute of limitations, a time-limited demand deadline, a court deadline, or a policy-limits demand window. You alone are responsible for tracking and meeting those deadlines.
7. Third-Party Providers, Privacy and Confidentiality
7.1 Use of Providers. FCA may use Providers, including research vendors, data sources and subcontractors, to process Requests. We may send each Provider the information needed to complete the Request, which may include the Claim Subject’s name, date of loss, vehicle or property details, and carrier information. We choose and may change Providers at our discretion, and we are responsible for requiring Providers to protect Request information under written confidentiality terms. You have no right to select a particular Provider unless a signed agreement says so.
7.2 What FCA does not share. Where we use a Provider, we limit what we share to what is needed for the Request. We do not disclose your firm’s identity, your fee terms or your client’s confidential matter details to a Provider unless needed to complete the Request or required by law.
7.3 Information we collect. We collect the information you submit (including Personal Information about Claim Subjects), your contact and billing details, account and usage data, device and log data, and communications with us. We may also receive information from carriers, Providers and public records in response to a Request.
7.4 How we use information. We use information to process Requests, return Results, bill and collect, support you, secure the Service, comply with law, resolve disputes, and improve the Service. We do not sell Personal Information about Claim Subjects. We do not use Request data to market to Claim Subjects.
7.5 Your data duties. You confirm that you are allowed to give us the Personal Information in each Request, and that you gave any required notices or got any required consents. Do not send us more Personal Information than needed. Do not send Social Security numbers, financial account numbers, or medical or health information unless we ask for them for a specific Request.
7.6 Confidentiality. Each party will keep the other’s non-public business information (including pricing, volumes, vendors and processes) and the Request and Result information confidential, will use it only to perform or use the Service, and will disclose it only to personnel and advisers who need to know it and are bound to confidentiality. This does not apply to information that is public through no fault of the receiving party, was already known to it, or was independently developed. A party may disclose information as required by law, subpoena or court order after giving the other party prompt notice where permitted.
7.7 Legal and driver-privacy laws. We handle information in line with privacy and data-security laws that apply to our activities, which may include state privacy laws and, where driver or motor-vehicle record information is involved, the federal Driver’s Privacy Protection Act. If you submit a Request that involves such information, you represent that you have a permissible use under those laws and will use the information only for that purpose.
7.8 Security. We use reasonable administrative, technical and physical safeguards designed to protect information. No system is completely secure. If we learn of a security incident affecting your Request information, we will notify you without unreasonable delay as required by law.
7.9 Retention. We keep Request records, Results and billing records as long as needed to provide the Service, meet legal and accounting duties, and resolve disputes. We generally keep Request records and Results for 24 months after the Request is completed, unless the law requires a longer period or we need them to resolve a dispute or collect payment. We then delete or de-identify them.
7.10 Privacy notice. Our Privacy Policy, available on our website, explains our data practices in more detail. If it conflicts with this Section 7 on a Request-specific point, this Section 7 controls for that Request.
8. No Legal Advice, Prohibited Conduct and Compliance
8.1 No legal, insurance or professional advice. FCA and its staff are not lawyers, adjusters, brokers or insurance agents in providing the Service. Nothing in a Result, on our website, or in any communication is legal, insurance, financial or tax advice. We do not evaluate coverage, liability, damages, settlement value, or whether to make a demand.
8.2 Prohibited conduct. You will not, and will not let anyone else:
- submit a Request for an unlawful purpose or without a permissible purpose, including stalking, harassment, locating a person to harm them, or any purpose not described in Section 2.3;
- use a Result for credit, insurance underwriting, employment, tenant screening, or any consumer-reporting purpose;
- give us false, misleading or fabricated information, or impersonate another person or firm;
- ask us to use pretexting or any deceptive or unlawful method to get information;
- resell, sublicense, publish or share Results with anyone other than your client, co-counsel and others who need them for the matter, or use Results to build a competing database or service;
- share your credentials, bypass access controls, or probe or test the security of the Service;
- scrape, crawl or copy the website or portal by automated means, or introduce malware;
- submit Requests in bulk or at a rate intended to overload the Service, or to harvest data;
- contact our Providers directly to circumvent FCA, or solicit our Providers or personnel to avoid Fees, while these Terms are in effect and for 12 months after; or
- violate any law, regulation, court order or professional rule through use of the Service.
8.3 Compliance with laws. Each party will comply with the laws that apply to its activities under these Terms, including laws on privacy, data security, anti-bribery, anti-kickback and fee-splitting, advertising and solicitation, and sanctions and export controls. Neither party will offer or accept anything of value to improperly influence the other’s business decisions.
8.4 Monitoring and audit. We may monitor use of the Service and review Requests to check compliance and prevent misuse. On reasonable written request, you will confirm your permissible purpose for any Request, and give us supporting documents such as a representation letter. If you do not do so, we may suspend or end your access.
8.5 Reporting misuse. Tell us promptly if you learn of any misuse of the Service, a Result, or your account. We may report suspected unlawful activity to authorities and cooperate with investigations as the law allows.
9. Intellectual Property, Disclaimers and Limitation of Liability
9.1 FCA property. FCA and its licensors own the Service, website, portal, software, forms, price lists, processes, trademarks, and all related intellectual property. These Terms give you a limited, non-exclusive, non-transferable, revocable right to use the Service for its permitted purpose. No other rights are granted.
9.2 Your content and Results. You keep ownership of the information you submit. You give FCA a limited license to use it to provide, secure and improve the Service and to meet legal duties. Once you have paid for a Result, you may use that Result for the matter it was ordered for, including sharing it with your client, co-counsel, the court and opposing parties as the law and the matter allow. You may not otherwise redistribute Results as described in Section 8.2.
9.3 Feedback. If you give us suggestions about the Service, we may use them without payment or obligation to you.
9.4 Disclaimer of warranties. THE SERVICE AND ALL RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, FCA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS AND UNINTERRUPTED OR ERROR-FREE OPERATION. FCA DOES NOT WARRANT THAT ANY POLICY EXISTS, THAT A RESULT SHOWS ALL COVERAGE OR CURRENT LIMITS, OR THAT AN INSURER WILL CONFIRM A RESULT. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
9.5 Exclusion of certain damages. TO THE FULLEST EXTENT PERMITTED BY LAW, FCA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SETTLEMENT OPPORTUNITY, LOSS OF A CLAIM OR CAUSE OF ACTION, LOSS OF A CLIENT, OR LOSS OF GOODWILL OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE, A RESULT, A DELAY OR A NO HIT, EVEN IF WE WERE TOLD THEY WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.6 Cap on liability. TO THE FULLEST EXTENT PERMITTED BY LAW, FCA’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID FCA FOR THE SPECIFIC REQUEST THAT GAVE RISE TO THE CLAIM.
9.7 Exceptions. The limits in 9.4 to 9.6 do not limit liability that cannot be limited by law, including liability for fraud or willful misconduct, and do not limit your obligation to pay Fees or your indemnity obligations in Section 10.1.
9.8 Basis of the bargain. You agree that the Fees reflect the allocation of risk in this Section 9, that the Fees would be higher without it, and that FCA would not offer the Service without it.
9.9 Time limit to sue. Any claim against FCA must be brought within one (1) year after the claim arises, to the extent the law allows.
10. Indemnification, Term, Termination and Disputes
10.1 Your indemnity. You will defend, indemnify and hold harmless FCA, its owners, officers, employees, Providers and agents from third-party claims, and from the resulting losses, damages, penalties, costs and reasonable attorneys’ fees, arising out of (a) your breach of these Terms, (b) your lack of a permissible purpose or required consent for a Request, (c) your use of a Result, (d) information you gave us that was false, unlawful or infringing, or (e) your violation of law or professional rules. FCA will give you prompt notice of a claim, reasonable cooperation at your cost, and control of the defense, but you may not settle a claim in a way that admits fault for FCA or imposes obligations on it without its written consent.
10.2 Term. These Terms start when you first accept them and continue until ended under this Section.
10.3 Termination by you. You may stop using the Service at any time by written notice. You remain responsible for Requests already submitted and Fees already incurred.
10.4 Termination, suspension and refusal of service by FCA. We may suspend or end your access, or decline or cancel any Request, at any time and for any reason, with or without notice. We reserve the right to refuse service to any person or firm. We will complete or refund any Request we have accepted and not started.
10.5 Effect of termination. On termination, your rights to use the Service end, and all unpaid Fees become due. Sections 1.3, 2.3, 3.4 to 3.6, 4.3, 5, 6.3 to 6.9, 7.6, 8, 9, 10 and 11 survive.
10.6 Informal resolution. Before filing a claim, each party will send the other a written notice of the dispute and will try in good faith to resolve it for 30 days.
10.7 Governing law. These Terms and any dispute about them are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by the federal law of the United States where it applies.
10.8 Arbitration. Any dispute that is not resolved under Section 10.6 will be decided by binding arbitration administered by JAMS under its then-current rules, before one arbitrator, in California. The arbitrator’s decision is final, and judgment on the award may be entered in any court with jurisdiction. Either party may bring an individual claim in small claims court, and either party may seek an injunction in court to protect its confidential information or intellectual property. You and FCA each give up the right to a jury trial.
10.9 Class action waiver. To the fullest extent permitted by law, disputes will be brought only on an individual basis and not as a class, collective or representative action.
10.10 Equitable relief. A breach of Sections 7.6, 8 or 9.1 may cause harm that money cannot fix, so FCA may seek an injunction or similar relief in addition to any other remedy, without posting a bond to the extent the law allows.
10.11 Attorneys’ fees. In a dispute to collect unpaid Fees, the prevailing party may recover its reasonable attorneys’ fees and costs, to the extent the law allows.
11. General Provisions
11.1 Entire agreement. These Terms, together with any signed pricing agreement, the Request confirmation and the Privacy Policy, are the entire agreement between you and FCA about the Service and replace all earlier discussions and understandings about it.
11.2 Notices. We may give notice by email to the address on your account, by posting in the portal, or by posting on our website. You may give notice to us at the contact in Section 12. Notices by email are effective when sent, unless the sender receives a bounce-back.
11.3 Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including natural disaster, fire, pandemic, war, terrorism, labor disputes, government action, internet or utility failure, cyberattack, or the acts or delay of carriers and other third parties. This does not excuse payment of Fees already owed.
11.4 Assignment. You may not assign these Terms without our written consent. FCA may assign them to an affiliate or to a successor in a merger, acquisition or sale of its business.
11.5 Severability. If a provision is found unenforceable, it will be limited to the minimum extent needed and the remaining provisions stay in effect.
11.6 No waiver. A failure to enforce a right is not a waiver of it. A waiver must be in writing and signed by the waiving party.
11.7 Third parties. These Terms benefit only the parties, except that FCA’s Providers and affiliates may rely on Sections 9 and 10.1. No one else has any right under them.
11.8 Electronic acceptance and signatures. You agree that electronic acceptance, including checking a box or submitting a Request, is a valid signature, and that FCA’s electronic records of your acceptance (including date, time and account) are admissible evidence.
11.9 Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms are not interpreted against the drafter.
11.10 Publicity. FCA may not use your name or logo in marketing without your written consent.
12. Acknowledgment and Contact
12.1 Acknowledgment. When you submit a Request or first sign in to the portal, you are asked to confirm the following:
I confirm that I am an attorney or authorized staff of a law firm, that I have a lawful and permissible purpose for this Policy Limits Request in connection with a legal matter, and that I have the authority and any required consent to request information about the Claim Subject. I have read and agree to the Policy Limits Terms and Agreement, including the fees, the limits on results and turnaround, the privacy and confidentiality terms, and the limitation of liability. I understand that FCA does not give legal advice and that I must verify any result before relying on it.
12.2 Record of acceptance. We record the version of the Terms, date and time, account, IP address and the user who accepted them.
12.3 Contact. Aspen Holdings LLC, doing business as Fund Capital America, 1033 Gayley Ave, Suite 113, Los Angeles, California 90024. Email: info@fundcapitalamerica.com. Phone: (855) 870-2274. Notices to FCA about billing disputes, privacy requests or misuse should go to info@fundcapitalamerica.com.