InstaResolve, LLC Terms of Use (June 2022)
1. IntroductoryProvisions
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InstaResolve, LLC’s website is located at www.instaresolve.com. These Terms of Service establish an agreement between you and InstaResolve, LLC (hereinafter “InstaResolve”), governing your use of our online services and website (“Services” and/or “Website”). References to “you” or “user” refers to you as an individual as well as any organization or entity on whose behalf you are using our online services. You are agreeing to these Terms of Service by using any of our online services, submitting information, or creating an account. Our online services and accounts are intended for attorneys, claims management personnel, and legal industry professionals who are participating or intend to participate in cases administered by InstaResolve.
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This is a binding agreement. By using any online service offered by InstaResolve, including submitting information regarding an anticipated or ongoing case or creating an online client account, you signify your acceptance of these Terms of Service to the maximum extent permitted by law. By accepting these Terms or using the service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not agree to all of these Terms, you are not authorized to use the Service and you must promptly cease using it.
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Use of InstaResolve’s online services is limited to persons who are at least 18 years old. Individuals under the age of 18 are not permitted to use the Service.
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These Terms of Service are effective as of the date of posting. They will remain in effect except with respect to any future changes, which will be in effect immediately after being posted on this page. InstaResolve reserves the right to update or change these Terms of Service at any time and without prior notice. You should check these Terms of Service periodically. Your continued use of the website after such modifications will constitute your: (a) acknowledgment of the modified terms and (b) agreement to abide and be bound by the modified terms.
2. Proprietary Rights and Limited License
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InstaResolve retains all rights, title and interest in and to all data and information on our site(s), which you agree is the intellectual property of InstaResolve. This includes all data and information associated with any online services, including text, graphics, images, designs, articles, business processes, and any other form of content. The information you provide is not part of this content, but you agree that it has been provided in association with a request or anticipated request for service as well as for the operation of our systems. Any information you provide will be stored in our secure databases and used to facilitate the requested services to you. Any third-party information or information on third party websites belong to the party(s) providing such information and such party(s) retain the rights to their own information.
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By agreeing to these terms of service, InstaResolve grants you a limited license to use our online services for your personal and business use. You agree to only use our online services for the purpose of engaging and interacting with InstaResolve, and not to use our online services for any other purpose, commercial or otherwise. You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute any of the Intellectual Property content of InstaResolve’s website in any way without the prior written permission of InstaResolve, except as otherwise indicated on the website. This includes printing copies of forms, articles, resumes or other documents that show a “print” option, for your own personal or business use.
3. Privacy
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These Terms also incorporate the terms of our Privacy Policy. Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information as explained in the Privacy Policy.
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4. Client Online Portal Accounts
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Some of our online services may require you to register your identity and create an account to use the service. By submitting your information, such as name, email address, physical address, firm name, phone number, etc., you agree to InstaResolve’s use of the information as well as its maintenance and/or storage for purposes of operating the services being provided.
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In order to use our online services, you agree to: (1) provide true and accurate information that is properly associated only with your legal identity, or the identity of a person you are lawfully representing, e.g., your client(s) or colleague in your firm; (2) update your information on our website as soon as possible if your information changes; (3) safeguard the confidentiality of any password information; and (4) notify InstaResolve immediately if you learn or suspect that the confidentiality of your information has been compromised or an unauthorized person is using your account. Your account will be terminated by InstaResolve immediately if it is determined that the information provided by you is not true and correct. You agree to accept responsibility and liability for any actions or activities that occur using an account created for your use. InstaResolve is not responsible for any damage, loss or other consequence of your failure to keep your account credentials and password secure.
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5. Submitted Content
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You acknowledge that your Submitted Content, including without limitation, the Intake Form(s) and/or videos, is your sole responsibility. You agree that, under no circumstances, will InstaResolve be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
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6. Intellectual Property (Copyright, Trademark, and Patent)
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Copyright
InstaResolve reserves the right to suspend and/or terminate any user who is found to have infringed on the rights of InstaResolve or of a third party, or otherwise violated any intellectual property laws or regulations.
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Take-Down Notice. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want InstaResolve to delete, edit, or disable the material in question, you must provide InstaResolve with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA)) to welcome@instaresolve.com:
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A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; Identification of the copyrighted work (or works) claimed to have been infringed; Identification of the material that is claimed to be infringing and information reasonably sufficient to permit InstaResolve to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly); information reasonably sufficient to permit InstaResolve to contact you, including your address, telephone number, and e-mail address at which you may be contacted, a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law, a statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. See 17 U.S.C. §512(c)(3) for further information.
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Trademark
InstaResolve’s name is a trademark of InstaResolve, LLC. You do not have the right to use our trademark, and your unauthorized use may be a violation of federal and state trademark laws.
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Patent Pending
InstaResolve, LLC has submitted a provisional patent application to the United States Patent and Trademark Office, and all rights in that regard are hereby asserted and reserved.
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Nothing posted on our website grants a license to any InstaResolve’s intellectual property, whether by implication, estoppel or otherwise. You should assume that everything you see or read on our website is proprietary information protected by copyright, trademark and/or patent laws, unless otherwise noted, and may not be used except with the written permission of InstaResolve.
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7. Third-Party Sites and Services
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The InstaResolve’s website and services may contain links to or allow you to share content directly with other third-party websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
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These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.
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Notice for California Residents Pursuant to California Civil Code Section 1789.3
Under California Civil Code §1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
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8. No Legal Advice
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THE INFORMATION AVAILABLE ON OR THROUGH THE SERVICE PROVIDED BY INSTARESOLVE SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND COUNSEL OF A LICENSED ATTORNEY.
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9. AttorneyAdvertising
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To the extent there appears any attorney advertising on InstaResolve’s website, that information is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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10. Warranty Disclaimer – “AS IS”
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WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE.
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While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the website is accurate, complete, or up to date.
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Although we strive to ensure integrity, we cannot and do not warrant the accuracy, completeness, non-infringement, merchantability or fitness of any information contained on this website. No action should be taken in reliance on the information herein and we disclaim all liability in respect to actions taken or not taken based on this website’s contents to the fullest extent permitted by law. We reserve the right to make changes and improvements to our website at any time and without notice, and assume no liability for damages incurred directly or indirectly as a result of any errors, omissions or discrepancies.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
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You agree that your sole remedy for dissatisfaction, damage, or loss associated with the use or the inability to use the services provided on our website is to discontinue your use and/or account.
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No information or advice obtained through the Website, or affirmation by us, by words or actions, shall constitute a warranty. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
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11. Indemnity
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You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, neutrals, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (i) your use of the InstaResolve’s website and services; (ii) your breach or violation of any of these Terms; or (iii) your violation of any law, rule, or regulation or of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
12. Limitation of Liability
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IN NO EVENT SHALL INSTARESOLVE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF INSTARESOLVE, LLC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service and our products, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.
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In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then InstaResolve’s liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.
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THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INSTARESOLVE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON INSTARESOLVE’S GOVERNING LAW PROVISION SET FORTH BELOW.
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IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
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13. Termination
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We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Service, or (ii) we are prevented from providing the Service for any reason.
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Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service.
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14. Governing Law
These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction).
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15. Dispute Resolution
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Mediation
You and InstaResolve agree that all disputes (each a “Claim”) between us shall be subject first to non-binding mediation before a mutually agreeable mediator within Los Angeles County, California. You agree that to the fullest extent permitted by law, a failure to participate in such mediation shall disqualify any such non-participating party from any possible right to recover attorneys’ fees and costs in any later action which was subject to such mediation requirement.
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Arbitration
In the event the Claim is not resolved within 30 days of the mediation, you and InstaResolve agree that the Claim (except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights, shall be finally resolved by arbitration) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be administered through a mutually agreeable dispute resolution provider, and the arbitration shall proceed before a single arbitrator who shall be a retired judge of the Superior Court of California.
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The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.
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IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
16. Severability
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You and InstaResolve agree that if any portion of this section is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
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17. Assignment
The rights granted to you under these Terms may not be assigned without InstaResolve’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
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18. Compliance
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You agree to comply with all applicable laws, statutes, ordinances and regulations while using InstaResolve’s website or any online service. We reserve the right to immediately and without notice cancel your account or restrict access in our sole discretion for any conduct that we believe is illegal, fraudulent, abusive or contrary to our terms of service or harmful in any way to InstaResolve, LLC, and, if applicable, its staff, clients, neutrals, or other parties. You agree to not reverse-engineer, seek unauthorized access, or attempt to breach the security or our site and related networks, or disrupt any of our services or operations or attempt to access or collect information about our users or from our system in any inappropriate or unintended way, and that you recognize that such activities may be criminal and will be reported to the authorities.
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In the event of non-compliance, you agree and consent to the disclosure of your account information and any data you provided to InstaResolve to the appropriate law enforcement agencies, the court or other appropriate investigative body.
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19. No Waiver
Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by InstaResolve of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
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20. Equitable Remedies
You acknowledge and agree that InstaResolve would be irreparably damaged if the provisions of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
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21. Entire Agreement
These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and InstaResolve and supersede any and all prior agreements between you and InstaResolve, if any.
22. Transfer
We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligations under these Terms.
23. Changes to These Terms
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We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.
24. Contact Information
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If you have any questions or comments relating to the Service or these Terms, please contact us at welcome@instaresolve.com