This Application collects some Personal Data from its Users
Data Controller and Owner
Rockpoint Funding, P.O. Box 641039. Los Angeles, CA 90064,
Types of Data Collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies, Usage data, email address, first name, last name, phone number, address, company name and city.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Failure to provide certain Personal Data may make it impossible for this Application to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
The use of the collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Analytics, Managing contacts and sending messages, Registration and authentication, Contacting the User, Heat mapping, Hosting and backend infrastructure, Interaction with live chat platforms, SPAM protection and User database management.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
Google Analytics (Google Inc.)
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage data.
Personal Data collected: Cookies and Usage data.
SumoMe Content Analytics (Sumo Group Inc.)
SumoMe Content Analytics is used to display the areas of a page where Users most frequently move the mouse or click. This shows where the points of interest are.
Personal Data collected: Cookies and Usage data.
Contacting the User Contact form (This Application)
Personal Data collected: address, company name, first name, last name and phone number.
SumoMe Heat Maps (Sumo Group Inc.)
Personal Data collected: Cookies and Usage data.
Hosting and backend infrastructure
Amazon Web Services (Amazon)
Interaction with live chat platforms
If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Moreover, live chat conversations may be logged.
Zopim Widget (Zopim Technologies Pte Ltd)
Personal Data collected: Cookies and Usage data.
Managing contacts and sending messages
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
MailChimp (The Rocket Science Group, LLC.)
Personal Data collected: email address.
Registration and authentication
Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these third party services, for registration or identification purposes.
Direct registration (This Application)
Personal Data collected: address, city, company name, email address, first name, last name and phone number.
Akismet (Automattic Inc.)
User database management
Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on this Application.
ZOHO CRM (ZOHO Corporation Pvt. Ltd.)
Information about Cookies
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Additional information about Data collection and processing
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User's Personal Data
System Logs and Maintenance
Information not contained in this policy
The rights of Users
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Definitions and legal references Personal Data (or Data)
Data Processor (or Data Supervisor)
Data Controller (or Owner)
Latest update: July 30, 2015
TERMS OF SERVICE
Last updated: July 30, 2015
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using thehttps://www.rockpointlegalfunding.com website (the "Service") operated by Rockpoint Funding, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Rockpoint Funding, LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Rockpoint Funding, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Rockpoint Funding, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Rockpoint Funding, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Rockpoint Funding, LLC.
Rockpoint Funding, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Rockpoint Funding, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Rockpoint Funding, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
In no event shall Rockpoint Funding, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Rockpoint Funding, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
TERMS AND CONDITIONS FOR INSURANCE TRACING SERVICES
BY SUBMITTING A REQUEST WITH ROCKPOINT FUNDING, LLC (RP), A DELAWARE LIMITED LIABILITY COMPANY, YOU (THE “CUSTOMER”) HEREBY CONFIRM, AND AGREE TO THE FOLLOWING TERMS AND CONDTIONS.
FEES & BILLING
SEE FEE SCHEDULE LISTED ON WEBSITE (Fee Schedule). You hereby agree to permit RP to charge your credit or bank account on the date RP returns the emailed or faxed results and invoice to your office. If the charge is rejected or bounces you will be subject to a twenty-five dollar ($25) late fee in addition to any fees incurred by RP due to the bounced charge. Every subsequent thirty (30) days will result in an additional 15% (of total balance) late fee. Invoices not paid within sixty (60) days will result in collections actions and the pursuit of legal remedies.
FEES QUOTED on the Request Form and Fee Schedule are “per policy researched” and will apply where a policy or a Self-Insurer fails to provide coverage, for any reason (i.e. policy exclusions); unless the reported policy or Self-Insurance was not in effect on the date of loss.
EXCEPTIONS TO THE FEE SCHEDULE may apply in cases involving lengthy research due to the age of the case. In these situations we will clearly outline any additional charges that will apply and will seek your approval in writing prior to our commencing the work.
IN SITUATIONS WHERE INCOMPLETE OR INACCURATE information has been provided to our office at the commencement of the trace, we will do our best to notify you of any additional fees that may become applicable as a result.
THERE IS NEVER A CHARGE to you if RP is unable to identify policy limits on the date of loss. However, when requesting a limits only search, we will assume that you have already confirmed that the policy was in effect on the date of loss. As such, we will report the limits of the policy on the date of loss provided. Otherwise we will report the limits of the policy as ZERO (0) indicating the policy was not in effect on the date of loss. You will be invoiced regardless. The only time there will not be an invoice/charge for a LIMITS ONLY search, is if we are unable to obtain the limits of the policy that was indeed in effect on the date of loss.
POLICY EXISTENCE TRACES are not conducted on a “No-Find, No-Fee” basis. A $25 Processing Fee applies regardless of outcome.
SHOULD WE OBTAIN ONLY PART OF THE INFORMATION REQUESTED, you will be invoiced only for that portion of the Request. (i.e. your request to us is to identify the insurer, policy number and policy limits. However, if we are only able to identify the insurer, you will only be invoiced for the portion of the information provided.)
TURN AROUND TIMES FOR NORMAL LIABILITY LIMIT TRACES are 5-7 business days. RP shall not be responsible for extended delays or failure in performance resulting from force majeure or other causes beyond reasonable control.
ALL RUSH cases are placed ahead of all NON-RUSH cases, however, the RUSH fee is waived when the requested information is not obtained or if the research has taken in excess of five (5) business days. THREE (3) Day Rush cases are typically completed immediately upon request and therefore CANNOT BE CANCELLED.
TERMINATION of a submitted request will result in a $50 Termination Fee charged on the date that the termination is requested. Terminations or any changes to the initial Request Form must be made in writing. Verbal Requests cannot be accepted.
TO AVOID BEING INVOICED for policies already known to exist, please indicate the policy information on the Request Form when submitting your request. We have no way of knowing what policy(s), if any, you are aware of, unless they are made known to us at the time of your request submission. Policies noted on police reports are NOT considered valid policies, so we do not interpret them as known policies unless you specifically advise us that they are valid.
DISPUTE OF FEES must be brought to our attention within ninety (90) days from the date of invoice. Disputes brought after this period will not be considered.
INSURER shall be defined as the Carrier, Agent, Broker or a Defendant who is found to be Self-Insured.
DATE OF LOSS shall be defined as the date provided on the Request Form. However, if a loss period is given, then the loss date shall be defined as any date during the reported loss period.
POLICY EXISTENCE/IDENTIFYING THE INSURER shall be defined as providing the client with a name, address and telephone number of the Insurer insuring the named Defendant on the loss date specified. Should the Insurer no longer be in business, we will provide you with the Insurer name and last known address on record when their business operations ceased.
TERMINATION shall be defined as the termination or cancellation of any search or request at any point following our receipt of the Request.
REQUESTS should be transmitted only one time and via only one means (e.g. email, fax, mail..etc.). Each Request received is assigned a unique case number and will be processed and billed individually. It is the client’s responsibility to ensure that duplicative or substantially similar Requests are not submitted. Disputes of fees resultant to duplicated Requests will not be considered.
SEARCHES ARE PERFORMED under the Defendant name(s) only. Policies found may or may not cover the target vehicle or property owned/operated by the Defendant. The client will be invoiced in accordance with the Fee Schedule.
TURNAROUND time for our research is approximately 5-7 business days. However, we do offer several expedited services. All results will be emailed to the client immediately upon completion of our research with an applicable invoice.
WHEN REQUESTING THE POLICY LIMITS TRACE of an established policy, you must include the policy number and/or claim number and ANY correspondence from the Insurance Carrier.
RP uses reasonable care to obtain accurate and up to date information from sources considered reliable. It is believed that all information provided is accurate, however RP makes no warranty or guarantee, either expressed or implied, that the information provided herein is correct, since the information has been obtained from supplementary sources. You should not make a decision to proceed based solely upon the information provided herein, but should also use reasonable care and utilize other sources of information that are available to you in order to make your decision as to how to proceed. All services are provided on an as-is and as-available basis. Therefore, RP and its partners, employees, agents, affiliates, and contractors make no representations, undertake no duties, and assume no responsibility for the accuracy or completeness of forms, reports, or other information provided to Customer, nor any errors or omissions contained therein. RP disclaims all warranties and duties of any kind, whether implied, express, or statutory, including, but not limited to, any implied warranties of merchantability or fitness for a specific purpose, duties of workman-like effort, or negligence. RP services, reports, and provided information shall be used at Customer’s own risk. Customer is responsible for implementing sufficient procedures to satisfy Customer’s requirements for accuracy and completeness of information prior to acting in reliance on such information. Customer’s sole remedy for any claim related to this contract against RP (or any of its partners, employees, agents, or contractors) shall be a refund of the amount paid for the particular service that caused Customer any damages, even if such damages resulted from reasonable reliance on information RP provided to Customer.
Customer also agrees that the damage exclusions and this limitation of liability shall apply despite any failure of an applicable remedy essential purpose.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
CUSTOMER AGREES, to the fullest extent allowed by applicable law, that RP nor any of its partners, affiliates, agents, employees, or contractors will be liable to Customer and/or any other person or entity for general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, damages resulting from reliance, goodwill, malpractice, or profits, whether or not RP has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of RP’s information and services.
CUSTOMER AGREES to indemnify and hold RP harmless from and against all claims (including legal and attorneys’ fees) arising out of or relating to (a)Customer’s Breach of any terms of this agreement, (b) Customer’s improper use of RP’s services to violate the laws and regulations of any relevant jurisdiction, and (c) claims resulting from Customer’s inaccurate information as well as any action taken from results based on such information.
THIS AGREEMENT shall be governed by the laws of the STATE OF IDAHO without regard to its conflict of law provisions. Should a dispute arise, Customer and RFR agree to submit to the personal and exclusive jurisdiction of the courts located within Ada County, Idaho..
AFFIRMATIONS AND DECLARATIONS
CUSTOMER AGREES to utilize RP’s services only for lawful purposes in all applicable jurisdictions. Customer agrees that, to the best of Customer’s ability, Customer will (a) request all information required at the time the initial request is submitted, and (b) provide accurate, current, and complete information about the individual(s) or companies to be searched. Customer acknowledges that, if any information provided to RP is inaccurate at any point in time, or is otherwise incomplete or not up to date, Customer agrees that RP will not in any way be held responsible for inaccurate reports or information given to Customer, or Customer’s associated reliance or damages related to such information. Further, Customer acknowledges that information provided by RP is collected from third party research agency data and thus, may be inaccurate, out of date, contain errors or omissions, or otherwise be incorrect.