Thank you for visiting the ClaimFox, Inc. Websites and for your interest in ClaimFox’s products and services.
“Agreement” means the arrangement between ClaimFox and a Client pursuant to which the Client receives ClaimFox’s Services and Products, such as to assist or enable the Client to process and respond to a request for Records.
“ClaimFox”, “We”, “Us” or “Our” means ClaimFox, Inc. and its subsidiaries, affiliates, directors, officers, divisions, agents, employees, licensors, service providers and representatives.
“Services” means any service, materials, or resources that are made available or accessed through or in connection with the Website.
“Products” means any physical, electronic, or virtual products that are offered through or in connection with the Website.
“User”, “You”, or “Your” shall mean any individual or entity that accesses or uses the Website, Services or Products.
“User Account” shall mean the account created by certain Users as a condition of, and a means to access or use Our Website, Services or Products. Access to the Website, Services or Products and/or the information that is required about You to establish a User Account will differ depending on Your role as a Client, Requestor or something else.
“Client” means an insurer, insurance company, third party adjustor, claims office, company, government agency, or other entity, and/or their authorized employees or agents who act on their behalf, who has established a User Account to enable ClaimFox to respond to third-party requests for copies of the Client’s Records on the Client’s behalf.
“Record(s)” means the file regarding a Subject that is maintained in the ordinary course of a Client’s business, such as, by way of example, only, concerning a Client’s insured and/or a claim being asserted by a Subject against a Client’s insured or for coverage under the insured’s insurance policy, an employment record for a company employee, or any other record maintained about a specifically identified Subject in the ordinary course of Client’s business.
“Requestor” means an individual or entity, and/or their authorized employees or agents who act on their behalf, that has established a User Account with ClaimFox and paid the required fee, if any, in order to request or receive documents contained in a Record, pursuant to a duly acknowledged and legally adequate proof of the Requestor’s legal right to access, view or receive copies of the requested Record through the ClaimFox’s “Requestor Portal”.
“Requestor Portal” means the method by which ClaimFox permits a Requestor to access, download or duplicate a Record, whether using ClaimFox’s Website, online portal, compact disc or other data medium, as may be mutually agreed to between Requestor and ClaimFox.
“Subject” means the individual that is being discussed or described in a Record or to whom the Record primarily relates.
“Incorporated Notices” shall mean the additional policies and terms that apply to Users including:
The Website is owned and operated by Claimfox, Inc., a New York corporation headquartered in Ronkonkoma, New York. ClaimFox is a full-service, online solution that enables Our Clients to respond responsibly and securely to Record requests through use of ClaimFox’s Services and Products. Portions of ClaimFox’s Website is exclusively available for the access and use of Clients, such as to upload Records requests and Records. Other portions of ClaimFox’s Website enable Requestors to access and download the Claims Files that have been requested.
Portions of the Website are generally publicly available and may be accessed by You or any Internet user.
There are other sections of the Website and related Services and Product that offer additional functionality and access to otherwise restricted portions of the Website. The extent and nature of Your access to the Website and related Services and Products may depend on whether You are “Client” or “Requestor” For example, sections of the Website may enable Clients to access Our Services and Products and to upload Records, subpoenas, or file requests, or to enable Requestors to electronically receive Records that they have requested after they have been reviewed for responsiveness and scope, and private, confidential, personal, or non-responsive information has been appropriately redacted. You may also have an opportunity to store Your preferences, communicate or interact with ClaimFox, receive Our newsletters or content, or to post comments or interact with ClaimFox. These sections, services and functions will only be available to You, depending on your role, when you create a “User Account” after You register, by providing requested information, pay the requisite fee, if any, and then log in using Your Email and a unique password that You create for that purpose. For further information see Paragraph 16 below.
ClaimFox acts exclusively as a service provider to our Clients by fulfilling requests for Records that the Client receives from a Record Requestor. We are an independent contractor for all purposes, and not the Client’s agent, employee, trustee or fiduciary. We do not have control of or liability for the Records that are provided through Our Website, Services or Products. We do not guarantee the identity of a Requestor or any User who requests or completes a request for a transaction through our Website, Services or Products.
As further consideration for access and use of the Website, Services and Products, Client warrants and represents that all information, data, records or documents contained in the Records are the property of the Client and/or that the information, data, records or documents are legally in the Client’s possession under operation of law or based on duly executed and acknowledged legal authorization, including, if required, under the Health Insurance Portability and Accountability Act (“HIPAA”) . We have relied on the Client’s representation that it has made the necessary disclosures and obtained the necessary consents, if any, for Us to access and process the Record, solely to enable Us to provide the Website, Services or Products and their functions, or as otherwise needed in support thereof.
By establishing a Requestor’s User Account, paying the required fee, if any, and accessing, requesting, or downloading requested Records through Our Requestor Portal, or accessing or using the Website, Services or Products, Requestor represents and warrants that:
You understand and agree that ClaimFox has relied on Your representations and warranties regarding the foregoing, including the authenticity of any subpoena, court order, or authorization which You have provided and on which You rely. You agree that, notwithstanding the foregoing, ClaimFox may, on behalf of the Client whose Record is requested, withhold or redact information, data, documents, or records contained in the Records that are deemed to be non-responsive, privileged, confidential, sensitive or beyond the scope of the permissible disclosure pursuant to the subpoena, court order or authorization on which the Requestor relies. You agree to defend and indemnify ClaimFox (including as to reasonable attorney’s fees) in regard to any allegation, claim, dispute, or action of any description or in any forum, which arises from, relates to or is anyway connected an alleged breach of Your representations and warranties forth above.
You understand and agree that ClaimFox accesses and processes the Record, solely to enable Us to provide the Website, Services or Products and their functions, or as otherwise needed in support thereof and that, We have relied on Our Client’s representation that it has made the necessary disclosures and obtained the necessary consents, if any, for Us to access and process the Record, solely to enable Us to provide the Website, Services or Products and their functions, or as otherwise needed in support thereof.
Requestor agrees that it will not name ClaimFox in any dispute between Requestor and the Client concerning whether any information, data, documents, or records were properly in Client’s or ClaimFox’s possession, or withheld or redacted in response to Requestor’s request. ClaimFox will abide by any Court Order regarding production of the Record upon receipt.
You agree that Your access and use of the Website, Services or Products are solely at your own risk. The Website, Services and Products are provided by ClaimFox on an “as is” and “as available” basis.
EXCEPT AS MAY BE OTHERWISE NOTED IN THESE TERMS, CLAIMFOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. CLAIMFOX DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, OR THE SERVICES OR PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. CLAIMFOX DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE OR SERVICES OR PRODUCTS WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. CLAIMFOX MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, SERVICES OR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLAIMFOX SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL CLAIMFOX BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF CLAIMFOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL CLAIMFOX BE LIABLE FOR ANY ALLEGED INJURY, DAMAGES OR LOSS THAT IS ALLEGEDLY SUSTAINED DUE TO HACKING, THEFT, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR THE INFORMATION CONTAINED IN THAT ACCOUNT OR IN REGARD TO YOUR RECEIPT OF SERVICES OR PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAIMFOX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OR MISUSE OF, UNAVAILABILITY OF OR INABILITY TO USE THE WEBSITE OR SERVICES OR PRODUCTS OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CLAIMFOX, (EXCEPT ARISING EXCLUSIVELY FROM CLAIMFOX’S INTENTIONAL CONDUCT OR GROSS NEGLIGENCE) AND EVEN IF CLAIMFOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IT IS AGREED THAT, NOTWITHSTANDING THE FOREGOING, SHOULD ANY LIABILITY ON THE PART OF CLAIMFOX BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE, IT IS AGREED THAT IN NO EVENT MAY THE USER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE AMOUNTS PAID TO CLAIMFOX BY YOU IN THE SIX MONTHS IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO THE CLAIM OR $300 IN THE EVENT THAT NO FEES WERE PAID, WHICH EVER IS GREATER, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.
The Website is owned and operated by ClaimFox. All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to ClaimFox or its affiliates, business partners, or licensors. ClaimFox reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any user.
ClaimFox owns any and all intellectual property rights arising out of, related to, or in any way connected with ClaimFox’s Website, Services and Products, all contents, materials, or resources related thereto, the Website’s and/or Service’s and/or Product’s content, logos, slogans, service marks or trademarks, etc. (“ClaimFox Intellectual Property”). You cannot use the ClaimFox Intellectual Property without first obtaining ClaimFox’s express and specific written permission. Nothing on the Website shall be construed as granting a license or right to use the ClaimFox Intellectual Property without Our permission.
Unless otherwise protected by United States law, all communications sent by You to Us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to Us (including, but not limited to, any patentable ideas, new content suggestions or business proposals) unless We have mutually agreed otherwise in writing and in advance of You sending them. Any ideas, new content, or business proposals that We receive unsolicited will be treated as property owned by ClaimFox and will not be returned to You.
The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You. Third-party websites are not owned, operated, or controlled by ClaimFox You agree that ClaimFox is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against ClaimFox as to any loss incurred as the result of Your access or use of such third-party website.
You are required to establish Your User Account in order to access certain portions of the Website, receive or administrate Services or Products, make use of certain Website functionality, offer User Content, etc. To do so, You will be required to create a unique password to be used with Your email address to access Your User Account. You may also be required to provide additional information about Yourself to enable the Services or Products and other functions appropriate to Your role. You are responsible for maintaining the confidentiality of Your User Account information, (including Your unique Password) and for all activity that occurs under Your User Account. We will assume that anyone who uses Your User Account is You and will therefore have all the same rights and privileges that You have. You will be responsible for any posts, or any other activity that occurs using User Account.
Remember, You are in the best position to protect Your User Account.
Do not share Your Password or allow anyone else to use it. You agree to notify ClaimFox immediately upon learning of any unauthorized use of Your User Account, or Password or any other breach of Website security. However, You may be held liable for losses incurred by ClaimFox or any other User of or visitor to the Website due to another person using Your User Account or Password.
You may not use anyone else’s User Account or Password at any time without the express permission and consent of the holder of that account or password. You may not use another’s Username, at any time, with or without the consent of the User, so as to give the impression, express or implied, that You are that User. ClaimFox cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
Security of data, software and hardware connected to the Internet are matters of concern for ClaimFox and all Users. We are ISO 27001:2013 Certified, which means that a third-party body has reviewed our security practices and confirmed that ClaimFox meets the international standards developed and published in the International Organization for Standardization.
Unfortunately, even ISO security measures are not perfect or impenetrable, and ClaimFox cannot guarantee that the information submitted to, maintained on, or transmitted from its systems will be completely secure. ClaimFox is not responsible for the circumvention of any privacy settings or security measures contained on the Website by any Users or third parties. For further information, please see Our Privacy Notice.
We limit Our collection of Your personal information, personally identifiable information, and other sensitive information, to that necessary for Users to access to Website and its functions, and the Services and Products offered by ClaimFox, or to improve Your and other Users’ experience. We take reasonable precautions to collect personal information in a secure manner and transmit it via a secure internet channel. By accessing and using the Website, Services or Products, You consent to the collection, use and disclosure of Your information, as set forth in the incorporated Privacy Notice, as appropriate. You represent and warrant that for You own, license, or have permission, authorization and/or legal purpose to possess, access, use, store, process or share all materials (including PHI or PII) that You have provided to Us or have requested from Us for the purposes for which it has been provided or requested.
Users also have responsibilities to maintain the security of the Website, Services and Products. You are prohibited from violating or attempting to violate the security of the Website or any Service or Product by (a) accessing information not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, provider, host or network, including but not limited to, submitting any malware, virus to the Website. overloading, “flooding,” “spamming,” “mail‑bombing” or “crashing” or other malicious or illegal act of any description. You shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of Website or any activity being conducted on the Website. You shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than through generally-available third-party web browsers (for example, Microsoft Edge, Firefox, Google Chrome, etc.)
From time to time, ClaimFox may provide opportunities for You to communicate with others through the Website, Services or Products, such as through blogs, chat rooms, endorsements, postings, emails, etc. (“User Content”) ClaimFox reserves the right to accept, reject, or remove any and all User Content at its sole discretion and for any reason. You understand and agree that ClaimFox’s exclusive role in connection with User Content is solely as a limited use software provider and that ClaimFox is not and will not be liable for any User Content or any Website content that is authored or submitted by anyone other than ClaimFox.
You understand and agree that by submitting User Content, You are consenting to its public dissemination. As a condition of Your submission of User Content to the Website, You hereby warrant, promise, and agree that:
As a User, You agree that You will not, under any circumstances, use the Website or any related Services or Products provided by ClaimFox to do the following:
Despite our best efforts, there may be occasions when a dispute arises between ClaimFox and You. These Terms contain a binding dispute resolution agreement (“Dispute Resolution Agreement”) that explains the process by which any dispute will be resolved through private, individual arbitration.
Waiver of Court and Jury.
YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN US IN A COURT OF LAW BY A JUDGE OR JURY. YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM OF ANY DESCRIPTION REGARDING, ARISING OUT OF, CONNECTED TO OR IN ANY WAY RELATED TO THESE TERMS, THE WEBSITE, SERVICES OR PRODUCTS SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED.
Governing Law. This Dispute Resolution by Arbitration, arbitrability and any arbitration between us shall be governed by the U.S. Federal Arbitration. The arbitrator(s) shall apply New York law to determine the substantive rights, interest’s claims and defenses of the Parties that are raised in the Arbitration, without regard to New York’s conflict of law or arbitration principles.
Location of the Arbitration. The Arbitration shall be conducted at the location of the arbitrator(s) in or no more than 70 miles from the Town of Ronkonkoma, County of Suffolk, and State of New York as the parties may mutually agree. If mutually agreed to by the parties, the arbitration may be conducted by videoconference, teleconference, or by a document-only arbitration without any hearing.
Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Survival. This Dispute Resolution Agreement survives termination of these Terms or Your relationship with ClaimFox.
Relationship of the Parties. You and ClaimFox are independent contractors. There is no partnership, agency or joint venture relationship between You and Us.
International Use. Although this Website may be accessible worldwide, ClaimFox makes no representation that the Website, Services and Products are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If You choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of Products or Services purchased over the Internet.
Void Where Prohibited. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
Use By Children. We do not offer products or services directly to children under 18. By using this Website and/or the Services, You are representing to Us that You are 18 years or older. We will not be liable for any damages that may result from a misrepresentation of age by a user of our website.
Force Majeure. In addition to any excuse provided by applicable law, ClaimFox shall be excused from liability for non-delivery or delay in access to the Website or delivery of Services or Products arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, interruptions in supply chain, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, public health emergency (including but not limited to Covid-19) and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated hereinabove.
Waiver. Failure to exercise, or any delay in exercising, any right or remedy provided under this or any agreement between You and ClaimFox or by law shall not constitute a waiver of that or any other right remedy, nor shall it preclude or restrict any further exercise of that right or any other remedy in the future against You or any other individual or entity.
Notices. Notices by ClaimFox to You may be given by means of general posting on the Website, or by conventional mail or email at the addresses that You provide in Your User Account. It is Your responsibility to ensure that ClaimFox continues to have up-to-date contact information for You.
ClaimFox’s contact information is as follows:
By US Mail
905 Marconi Ave.
Ronkonkoma, NY 11779
Eff. Date 04/1/2022
Requestors may receive Records that contain confidential, personal, private, privileged, or sensitive information concerning the Subject of the Request, (such as concerning the Subject’s medical, health or employment, etc.) the privacy of which may be protected from disclosure by federal and/or state law. Applicable law or laws may also prohibit You from making any further disclosure without the specific written authorization by the Subject or their authorized representative, or as otherwise permitted or required by law. A general authorization for release of information may not be sufficient for this purpose unless it conforms to the specific requirements of the applicable law or laws. Based upon guidelines outlined by the American Health Information Management Association, these records should be destroyed after the stated need has been fulfilled.
As a condition of Your access to the requested Record, You represent, warrant and agree that You will not re-disclose any Record or portion or information contained therein that is provided to you as a Requestor, except as permitted by federal or state law or as expressly authorized by the Subject and that You will not use or access the Record or the information contained therein for any purpose other than the purpose for which You were permitted to access it. You further represent, warrant and agree that You will maintain the Record in a reasonably secure manner to protect it from unauthorized access while it is in your possession and shall safely dispose of it so as to prevent unauthorized access after the purpose for which the Record was provided has ended and any required legal retention period has expired.
You acknowledge that any further disclosure of the Records by You that is not in accordance with applicable federal and state law may result in civil and/or criminal penalties.
You agree to defend and indemnify ClaimFox in regard to any allegation, claim, dispute, or action of any description or in any forum, which arises from, relates to or is anyway connected to an allegation that You have improperly and/or illegally re-disclosed a Record or portion thereof, or private information contained therein, or the representations and warranties forth above.
It is the goal of ClaimFox to respect the copyright and intellectual property rights of others by complying with U. S. intellectual property laws. This Copyright and Intellectual Property Notice shall be governed by and interpreted under the intellectual property law of the Unites States of America, including, where applicable, the Digital Millennium Copyright Act. (“DMCA”).
You may wish to consult with legal counsel regarding any right or interest that you may have concerning copyright or other intellectual property rights that You may have or may have violated. Nothing here is intended to substitute for qualified legal advice.
Notice of Claimed Infringement:
If you believe that any content on the Website and related Services or Products, infringes on Your or someone else’s copyright, You, (as the owner or rights holder) should send a notification to Our Designated Agent by mail or email at the address set forth below.
To file a notice regarding claimed infringing material, please provide the following information:
Notice may be sent:
By US Mail
Hoffmann & Baron, LLP
Attn: Anthony E. Bennett, Esq.
ClaimFox DMCA Notice
6900 Jericho Turnpike Suite 200
Syosset, NY 11791-4407
In subject line state: “ClaimFox DMCA Notice”
If We receive a valid notice, We will remove the allegedly infringing material or disable access to it on the Website. We will also make a good-faith effort to notify the person who posted the content that a claim of infringement has been made and that the person may file a counter-notification if that person chooses to do so.
You may be required to meet additional legal requirements or may have certain additional rights or obligations under applicable United States law. Your failure to fulfil all such requirements may relieve Us from taking any action in response to Your Notice.
If material that You have posted to the Website has been taken down, You may file a counter-notification that contains the following details:
Counter-Notice may be sent to:
By US Mail
Hoffmann & Baron, LLP
Attn: Anthony E. Bennett, Esq.
ClaimFox DMCA Counter-Notice
6900 Jericho Turnpike Suite 200
Syosset, NY 11791-4407
In subject line state: “ClaimFox DMCA Counter-Notice”
If ClaimFox receives a valid Counter-Notice, We will make a good-faith effort to promptly provide a copy of the Counter-Notice to the person who filed the Notice at the address the person provided and thereafter follow the procedures provided in the DCMA.
You agree that ClaimFox will not be a party to any further dispute or lawsuit regarding the alleged infringement and that ClaimFox will not be liable to You or any other party for its acts in removing or replacing any Website content in response to a Notice or Counter Notice.
ClaimFox will not adjudicate or decide any claim of infringement or defense thereto.
Eff. Date: 04/18/2022
It is ClaimFox’s goal that it’s Website, Services and Products be useful, aesthetically pleasing and reasonably accessible to the widest audience possible. ClaimFox has and will continue to invest in improving the accessibility of the Website, its Services and Products for all Users and is committed to achieving substantial conformance with standards.
However, the Website, the Services, Products, and their contents are dynamic, and technology is constantly evolving. It is impossible to ensure that unforeseen issues may not arise that may affect the ability of some individuals to access some or all Website, Services or Product content. Additionally, ClaimFox cannot and does not make any representation or warranty that User contributed content, third-party content or third-party websites to which We provide links will be accessible for Your purposes.
If you are having any difficulty using the Website, please contact Us by phone or email directly at so that we may assist you.