Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between you (“you,” “your,” or “Customer”) and Disaster Pro USA LLC, doing business as Claim Scene Investigation (“Claim Scene Investigation,” “Company,” “we,” “us,” or “our”), governing your access to and use of claimsceneinvestigation.com (the “Site”) and our services (collectively with the Site, the “Services”).

By accessing or using the Site, submitting a form, requesting a free inspection, calling, texting, or emailing us, or otherwise engaging us to perform Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site or our Services.

Sections 14 (Binding Arbitration & Class Waiver), 12 (Limitation of Liability), and 11 (Disclaimers) limit your legal rights and remedies. Read them carefully.

Claim Scene Investigation is a Florida limited liability company providing water damage restoration, mold remediation, leak detection, and related property restoration services to property owners, managers, and tenants located in the State of Florida. Our principal place of business is 1615 S Congress Ave, Suite 103, Delray Beach, FL 33445.

You must be at least eighteen (18) years old and able to form a legally binding contract under applicable law to use the Services or engage us. Our Services are offered only to property and tenants located in the State of Florida and are intended only for use within Florida.

By engaging us with respect to a property, you represent that you have authority to do so — for example, as the owner, an authorized agent of the owner, or a tenant with the owner’s permission as required.

We may offer a free, no-obligation property inspection. The free inspection is exactly that — free and non-binding. You are not required to hire us, sign any service agreement, or pay any fee in connection with scheduling, attending, or receiving a free inspection.

The free inspection includes a visual assessment by our team and

• does not constitute an engineering, environmental, or industrial-hygienist report;
• does not constitute insurance, legal, or financial advice;
• does not guarantee insurance coverage, claim approval, or any specific payment by your insurance carrier;
• does not establish a contract for restoration, remediation, or repair work — that requires a separate written service agreement signed by both parties.

We may decline to perform an inspection or to engage in further work based on safety concerns, scope, scheduling, geographic limits, or other reasonable business considerations.

Estimates we provide are based on the conditions visible to us at the time of inspection. Hidden or latent conditions, additional damage discovered during the work, code requirements, supply availability, or insurance carrier scope decisions may require change orders that adjust the price, scope, and timeline.

Any restoration, remediation, or repair work we perform will be subject to a separate written work authorization or service agreement that you sign. That signed agreement, together with any attachments referenced in it, governs the specific terms of the work (including pricing, scope, payment, warranties, and access). To the extent there is a conflict between the signed work authorization and these Terms with respect to the work itself, the signed authorization controls; otherwise, these Terms continue to apply to your use of the Site and your communications with us.

By providing your phone number or email address, you consent to receive calls, text messages, and emails from us as described in our Privacy Policy. This includes appointment reminders, status updates, follow-ups, and — when you have opted in — marketing messages. Message frequency is up to six (6) SMS messages per month. Message and data rates may apply. Reply STOP to opt out of texts; reply HELP for help. You can unsubscribe from marketing emails at any time using the link in the email.

Consent to receive marketing communications is not a condition of purchasing any of our Services.

You may submit reviews, testimonials, photos, videos, comments, or other content to us, post such content on third-party review platforms about us, or send us such content directly (collectively, “User Content”). You are solely responsible for your User Content and represent that:

• You own or have the necessary rights to your User Content and the right to grant the license below;
• Your User Content is truthful, accurate, and based on your first-hand experience;
• Your User Content does not infringe any third party’s intellectual property, privacy, publicity, or other rights;
• Your User Content does not contain unlawful, defamatory, harassing, obscene, or otherwise objectionable material; and
• Your User Content does not contain personal information of any third party (including identifiable images of others) without that person’s consent.

By submitting User Content to us — including reviews and testimonials given verbally, in writing, or on a public review platform with reference to our Services — you grant us a perpetual, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, reproduce, distribute, display, perform, edit for length and clarity (without changing meaning), and create derivative works of your User Content for our marketing, advertising, and business purposes, including on the Site, in social media, in advertising, and in other promotional materials, with attribution to your first name and last initial unless you have requested otherwise.

We may, at our sole discretion and without notice, decline to post, remove, or edit any User Content for any reason, including content that violates these Terms or applicable platform policies.

You agree that you will not, and will not allow any third party to:

• Use the Site or Services in violation of any applicable law, regulation, or these Terms;
• Submit information that is false, misleading, fraudulent, or that misrepresents your identity, authority, or relationship to a property;
• Interfere with or disrupt the operation of the Site, including by introducing viruses, malware, or other harmful code;
• Attempt to gain unauthorized access to the Site, our systems, accounts, or any data they contain;
• Scrape, crawl, copy, or systematically harvest content from the Site by any automated means without our express written permission;
• Use the Site or Services to send unsolicited communications, spam, or to harvest contact information;
• Reverse engineer, decompile, or attempt to derive the source code of any portion of the Site or Services; or
• Use the Site or Services to harass, threaten, or harm any person or to violate any third-party rights.

The Site and all of its content — including text, graphics, photos, videos, logos, icons, page layouts, software, source code, and the selection and arrangement of all of the foregoing — are owned by or licensed to Claim Scene Investigation and are protected by U.S. and international intellectual property laws. “Claim Scene Investigation,” “Disaster Pro USA,” and our logos are trademarks of Disaster Pro USA LLC.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes. All rights not expressly granted are reserved. You may not copy, reproduce, republish, modify, distribute, display, sell, or create derivative works of the Site or its content without our prior written permission, except that you may print or save individual pages for your own non-commercial reference.

The Site may include links to third-party websites, content, tools, payment processors, scheduling platforms, review sites, and social media. Those third parties are independent of us and we do not control them. We provide links and references for your convenience and we are not responsible for the availability, accuracy, content, or practices of any third-party site or service. Your use of those services is governed by their own terms and privacy policies.

THE SITE AND, EXCEPT AS EXPRESSLY STATED IN A WRITTEN SERVICE AGREEMENT YOU SIGN WITH US, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, Claim Scene Investigation disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components, that defects will be corrected, or that the information on the Site is current, accurate, or complete. Information on the Site is for general informational purposes only and is not a substitute for professional inspection, environmental testing, engineering analysis, insurance advice, legal advice, or medical advice.

We do not guarantee any specific outcome with respect to your insurance claim, including coverage, scope of payment, settlement amount, or speed of resolution. Insurance carrier decisions are made by the carrier, not by us.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLAIM SCENE INVESTIGATION, DISASTER PRO USA LLC, OR THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE — REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

The foregoing limitations apply only to your use of the Site and to claims that do not arise out of services performed under a separate signed work authorization. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under Florida law, including liability for gross negligence, willful misconduct, or fraud.

You agree to indemnify, defend, and hold harmless Claim Scene Investigation, Disaster Pro USA LLC, and their respective owners, officers, employees, contractors, and agents from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your access to or use of the Site or Services in violation of these Terms;
• Your violation of any law or any third-party right (including intellectual property, privacy, or publicity rights);
• Any User Content you submit; or
• Your representation that you have authority to engage us with respect to a property when you do not.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

You and Claim Scene Investigation agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, our marketing or communications, the free inspection, or any service performed by us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the relationship between us ends — shall be resolved exclusively by final and binding individual arbitration, except as set forth below.

Excluded Disputes

The following disputes are not subject to arbitration: (a) small-claims court actions brought on an individual (non-class) basis that remain in small-claims court; (b) actions to enforce a judgment of an arbitrator; and (c) actions for temporary injunctive relief to protect intellectual property or trade secrets pending arbitration.

Federal Arbitration Act

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and evidences a transaction in interstate commerce.

Arbitration Procedure

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at adr.org/consumer. The arbitration will take place in Palm Beach County, Florida, or by telephone or video conference at the arbitrator’s discretion. A single arbitrator will decide the dispute. The arbitrator has the power to decide all issues, including issues relating to the scope, enforceability, and arbitrability of this agreement, except that a court (not the arbitrator) decides the validity and effect of the Class Action Waiver below. The arbitrator may award the same damages and relief that a court could award on an individual basis. The arbitrator’s award is final and may be entered as a judgment in any court of competent jurisdiction.

Costs of Arbitration

We will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. For arbitrations you initiate where the amount in dispute is $10,000 or less, we will pay the AAA filing, administration, and arbitrator fees, except that you remain responsible for any portion of the AAA filing fee equal to what you would pay to file the same claim in a Florida small-claims court. For arbitrations you initiate where the amount in dispute is more than $10,000, AAA fees are governed by the AAA Consumer Arbitration Rules. Each party is otherwise responsible for its own attorneys’ fees and costs unless the arbitrator awards them under applicable law.

Class Action Waiver

YOU AND CLAIM SCENE INVESTIGATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR REQUEST) WILL BE SEVERED FROM ARBITRATION AND BROUGHT IN A COURT OF COMPETENT JURISDICTION; ALL OTHER CLAIMS WILL REMAIN IN ARBITRATION.

Jury Trial Waiver

YOU AND CLAIM SCENE INVESTIGATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY ON ANY DISPUTE COVERED BY THIS ARBITRATION AGREEMENT.

30-Day Right to Opt Out

You may opt out of this arbitration agreement and the class action waiver by sending written notice to office@claimsceneinvestigation.com within thirty (30) days after the date you first agree to these Terms. Your notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other part of these Terms. If you opt out, any disputes will be resolved in court subject to Section 15 below.

Survival

This Section 14 survives termination of these Terms and the conclusion of any relationship between you and Claim Scene Investigation.

These Terms and any dispute arising out of or relating to them or your use of the Site are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 14.

For any dispute that is not subject to arbitration under Section 14, you and Claim Scene Investigation submit to the exclusive personal jurisdiction of, and venue in, the state courts of Palm Beach County, Florida, and the federal court for the Southern District of Florida, and waive any objection to jurisdiction or venue in those courts.

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. The provisions that by their nature should survive termination — including Sections 7 (User Content license), 9 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Arbitration & Class Waiver), 15 (Governing Law & Venue), and 18 (General Provisions) — will survive.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page and, where the changes are material, provide additional notice (for example, a notice on the Site or, where appropriate, an email to the address we have on file). Your continued use of the Site after the updated Terms take effect constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Site.

Entire agreement. These Terms, together with our Privacy Policy and any work authorization or service agreement you sign with us, constitute the entire agreement between you and Claim Scene Investigation regarding your use of the Site and the matters covered here, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of all or part of our assets.

Force majeure. We are not responsible for any delay or failure to perform under these Terms caused by events beyond our reasonable control, including hurricanes and other severe weather, floods, fires, acts of God, civil unrest, labor disturbances, pandemics, supply chain disruptions, governmental orders, or interruptions of utilities or telecommunications.

Headings. Section headings are for convenience only and do not affect interpretation.

Notices. We may provide notices to you by email, posting on the Site, mail to the address on file, or any other reasonable means. You must send notices to us using the contact information in Section 19.

If you have questions about these Terms, please contact us at:

Disaster Pro USA LLC
dba Claim Scene Investigation
1615 S Congress Ave, Suite 103
Delray Beach, FL 33445
Email: office@claimsceneinvestigation.com
Phone: (561) 476-0929