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Terms of Service Agreement
Forensic Public Adjusters, Inc. dba PRE-CLAIM.com
Effective Date: June 17, 2025
This Terms of Service Agreement (“Agreement”) is a legal contract between you (“Client,” “You,” or “Your”) and Forensic Public Adjusters, Inc., doing business as PRE-CLAIM.com (“Company,” “We,” “Us,” or “Our”), a licensed public adjusting firm. By engaging Our services through Our website (www.pre-claim.com) or otherwise, You agree to be bound by the terms and conditions outlined in this Agreement. If You do not agree with these terms, You may not use Our services.
Introduction
This Agreement governs the relationship between You and Forensic Public Adjusters, Inc. dba PRE-CLAIM.com for the provision of public adjusting services, including pre-claim preparation, insurance claim management, and settlement negotiation. We represent policyholders in preparing for and settling insurance claims for property damage or loss, as permitted by applicable state laws. This Agreement outlines the scope of Our services, Your responsibilities, and the terms under which We operate.
Scope of Services
Forensic Public Adjusters, Inc. dba PRE-CLAIM.com provides the following services (“Services”):
Pre-Claim Preparation:
PRE-CLAIM guides homeowners through a comprehensive pre-loss assessment, documenting property details, providing historic photo documentation of personal property, which allows for the creation of detailed inventories as required by your insurer, and identifying potential vulnerabilities. This preparation ensures policyholders are ready to file accurate, well-supported claim documentation
Our Services are provided through online platforms, in-person consultations, or hybrid models, as mutually agreed upon. We do not provide legal advice or construction services. Our Services are limited to those permitted under state licensing regulations for public adjusters.
Client Responsibilities:
To enable Us to perform Our Services effectively, You agree to:
- Provide accurate and complete information about Your insurance policy, property, loss event, and any prior claims.
- Grant Us access to the damaged property (if applicable) for inspection and documentation, or provide digital documentation as requested.
- Cooperate with Us and Your insurer, including responding to requests for information or inspections.
- Promptly notify Us of any communications or documents received from Your insurer.
- Refrain from negotiating directly with Your insurer without Our involvement, unless otherwise agreed in writing.
- Maintain an active account on Our website (www.pre-claim.com) if using Our online services, including updating contact information.
Failure to fulfill these responsibilities may impact Our ability to perform Services and could result in termination of this Agreement.
Fees and Payment
- Pre-Claim Services Fee: For pre-claim preparation services (e.g., policy review or documentation), We may charge a flat or hourly fee, as outlined in Our contract with You.
- Expenses: You are responsible for reimbursing Us for reasonable out-of-pocket expenses incurred during the claim process (e.g., travel, photography, or third-party expert fees), as outlined in Our contract.
- Payment Terms: Fees are due upon receipt as invoiced for PRE-CLAIM services.
Contract Requirements
As required by state law:
- A separate written contract, approved by the state insurance commissioner, will be executed between You and Us before We commence claim-related Services.
Limitations of Liability
- No Guarantee of Outcome: We do not guarantee specific settlement amounts, claim approvals, or outcomes, as these depend on Your insurance policy and the insurer’s assessment.
- Liability Cap: Our total liability to You, whether in contract or otherwise, shall not exceed the fees paid to Us under this Agreement.
- No Consequential Damages: We are not liable for any consequential, indirect, exemplary, special, or incidental damages arising from or relating to Our Services.
- Third-Party Actions: We are not responsible for the actions or decisions of Your insurer, contractors, or other third parties involved in the claim process.
- Website Availability: We are not liable for interruptions or unavailability of Our website or online services due to technical issues beyond Our control.
Intellectual Property
All documentation, reports, estimates, templates, or other materials prepared by Us, including those accessible via www.pre-claim.com, remain Our property until fees are paid in full. You may not reproduce, distribute, or use such materials for purposes other than the intended claim or pre-claim preparation without Our written consent.
Confidentiality
We will treat all information provided by You as confidential and use it solely for the purpose of providing Our Services. We may disclose information to Your insurer, third-party experts, or service providers as necessary to process Your claim or deliver Services, in accordance with applicable privacy laws. Our Privacy Statement (available at www.pre-claim.com/privacy) provides further details on data handling.
Termination
- By You: You may terminate this Agreement by providing written notice, subject to the
terms of the separate written contract, including any rescission period. For online
services. - By Us: We may terminate this Agreement if You fail to comply with Your
responsibilities, engage in fraudulent activity, or if continuing Services would violate
state law or ethical standards. - Effect of Termination: Upon termination, You remain responsible for fees and expenses
incurred up to the date of termination, as outlined in any state-required contract. A
separate written agreement, approved by the state insurance commissioner, will be
executed between You and Us before We commence claim-related Services.
The contract will include a provision allowing You to rescind the contract as any State
Contract Regulations may require.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved through individual arbitration in Texas, as outlined in Section 11.
Dispute Resolution
Any disputes arising from this Agreement shall be resolved through binding individual arbitration conducted by a neutral arbitrator in Texas, in accordance with the rules of the American Arbitration Association. You waive the right to participate in class actions or class arbitrations. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
Compliance with State Regulations
We operate in compliance with state laws governing public adjusters, including but not limited to Texas Insurance Code Chapter 4102. We will:
- Maintain records of all transactions for at least five years.
- Deposit any fiduciary funds in a non-interest-bearing escrow or trust account, as required by law.
Consent to Terms
By engaging Our Services, including through www.pre-claim.com, You acknowledge that You have read, understood, and agree to be bound by this Agreement. You may express consent by signing the separate written contract, creating an account on Our website, or continuing to use Our Services.
Amendments
We reserve the right to update or modify this Agreement at any time. The most current version will be posted on Our website (www.pre-claim.com). Continued use of Our Services or website after changes constitutes acceptance of the revised terms.
Contact Information
For questions or concerns about this Agreement, contact Us at: Forensic Public Adjusters, Inc. dba PRE-CLAIM.com
2121 Avenue of the Stars, Suite 800 PMB #8014, Century City, CA 90067
Phone: (855) 441-6031
Email: support@pre-claim.com
Website: www.pre-claim.com
Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law.