1. This Agreement
Disability Benefit Services also may, at any time and without notice, modify or discontinue the Website. You agree that Disability Benefit Services shall have no obligation of any sort in connection with any modification or discontinuance of the Website.
3. Informational Purposes Only; Nature of this Website
The Website contains information about Social Security Disability benefits, in addition to joint advertising by multiple attorneys. The Website is a private website not associated with the U.S. Government or U.S. Social Security Administration.
Disability Benefit Services hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. Disability Benefit Services provides the Website for information purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.
This Website constitutes joint attorney advertising. The identities of the attorneys or law firms engaging in this joint advertisement are disclosed on the Website. This Website is not a law firm, and it does not dispense legal advice. The joint advertising effort that constitutes this Website does not contain endorsements or provide for referrals of clients to attorneys. Contact that you initiate with the Website, whether it is by telephone or through our web contact form, constitutes direct contact with one of the participating attorneys and not a referral to such participating attorney.
Please note that prior results of attorneys participating in this joint advertising do not guarantee a similar outcome. The choice of an attorney is an important decision and should not be based solely upon advertisements. This Website does not make any representations that the quality of legal services of the attorneys participating in this joint advertisement is higher than the quality of legal services of other attorneys.
4. No Attorney-Client Relationship
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND DISABILITY BENEFIT SERVICES OR ANY ATTORNEY PARTICIPATING IN THE JOINT ADVERTISING CONTAINED ON THE WEBSITE. SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM DISABILITY BENEFIT SERVICES, OR THE PARTICIPATING ATTORNEYS, BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like any of the participating attorneys to represent You, You should complete our contact form or call one of the phone numbers on the Website. If one of the participating attorneys agrees to represent You, he or she will inform You by email or telephone, and will provide an engagement agreement setting forth the basis of the representation. Unless and until You have executed and returned that engagement agreement, and the participating attorney has confirmed its receipt, no attorney-client relationship exists.
Unless an attorney-client relationship exists between You and a participating attorney, You shall not represent to any third party, either directly or by implication, that You are represented by any participating attorney on the Website, or that any participating attorney on the Website is in any way involved in Your matter.
5. No Attorney-Client Privilege
BECAUSE YOU ARE NOT A CLIENT OF ANY PARTICIPATING ATTORNERY ON THE WEBSITE, INFORMATION PROVIDED BY YOU TO DISABILITY BENEFIT SERVICES, OR TO A PARTICIPATING ATTORNEY ON THE WEBSITE, MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE.
6. Prohibited Uses
You represent and warrant that You will not use the Website to:
a. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
d. Harm the goodwill or standing of Disability Benefit Services or any of its participating attorneys, partners, employees, affiliates, agents, contractors or representatives;
e. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the Website by any other user.
Disability Benefit Services reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
7. Third-Party Websites
8. Consent to Receive Email from Disability Benefit Services
By contacting Disability Benefit Services or any of the participating attorneys on the Website, You consent to receive Disability Benefit Services’ periodic newsletter (the “Newsletter”), which Disability Benefit Services distributes by email to Your address on file with Disability Benefit Services. If You would like to stop receiving Disability Benefit Services’ newsletter or other follow-up emails, You should click on the opt-out link contained in any of the email newsletters or other automated follow-up emails.
9. Intellectual Property
The content located on the Website, including without limitation this Agreement, is the copyrighted property of Disability Benefit Services or its licensors. Similarly, the Disability Benefit Services name, the DisabilityAdvisors.com domain name, and all other names and logos used by Disability Benefit Services in connection with the offering of Disability Benefit Services’ goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of Disability Benefit Services or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to Disability Benefit Services and Disability Benefit Services’ licensors’ copyrights, trademarks and service marks. Copyright © 2012 to the present, Disability Benefit Services, LLC. ALL RIGHTS RESERVED.
If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify Disability Benefit Services by means of a fax to 1-888-325-1010. Your fax should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Disability Benefit Services to find and positively identify that material; Your name, address, telephone number and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in Your faxed notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.
10. DISCLAIMER OF WARRANTIES
DISABILITY BENEFIT SERVICES HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISABILITY BENEFIT SERVICES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
11. LIMITATION OF LIABILITY
THE LIABILITY OF DISABILITY BENEFIT SERVICES IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISABILITY BENEFIT SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO DISABILITY BENEFIT SERVICES, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF DISABILITY BENEFIT SERVICES UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO DISABILITY BENEFIT SERVICES IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DISABILITY BENEFIT SERVICES AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You agree to defend, indemnify and hold harmless Disability Benefit Services and its partners, employees, affiliates, agents, contractors and representatives (the “Disability Benefit Services Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Disability Benefit Services or to participating attorneys by means of the Website of incomplete, inaccurate or untimely information or other data. The Disability Benefit Services Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: 4-5, 8-11 and 14-15. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon.
Without limiting any other provision of this Agreement, Disability Benefit Services reserves the right to, in its sole discretion and without notice or liability; deny use of the Website to any person for any reason or no reason at all.
14. Communication Concerning Availability of Professional Employment
The Website and certain issues of the Newsletter are “communications” within the meaning of state rules of professional conduct applying to attorneys. Neither this Website nor the Newsletter is intended as, nor should they in any way be construed as, “Solicitations” as also defined by such rules. If You believe that the Website violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the Website, and should disregard all information and other materials available thereon.
15. Choice of Law; Jurisdiction and Venue
The Website and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Winter Park, Florida and shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
(a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and Disability Benefit Services (and the participating attorneys on the Website) arising out of or relating to the Website or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Atlanta, Georgia unless You and Disability Benefit Services mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of Florida and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS’ fee and reasonable attorney’s fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude You or Disability Benefit Services (or any of the participating attorneys on the Website) from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Disability Benefit Services from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN ORLANDO, FLORIDA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
16. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between Disability Benefit Services and the attorneys participating in joint advertising on this Website, on the one hand, and You, on the other hand, concerning Your use of the Website. This Agreement may only be modified as stated in Section 2, above, or by amendment signed by an authorized representative of Disability Benefit Services.
17. Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Disability Benefit Services. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture or employee-employer relationship between You and Disability Benefit Services.