Terms of Service
Updated: December 2024
Welcome to Advocatia. These Terms of Service (“Terms”) set forth the terms and conditions that apply to your access and use of our website(s) (the “Website”) and our Benefit Triage platform (the “Platform”) (collectively, the “Services”).
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Please review these Terms carefully. If you do not agree to these Terms, you may not access or use the Services. The terms “Advocatia” or “us” or “we” or “our” refer to Advocatia Solutions, Inc., the owner of the Services. The terms “you” or “your” refer to the user of our website, authorized representative of the recipient of the Services (if any) or recipient of the Services.
1. Acceptance
You agree to the terms and conditions set forth in these Terms. These Terms are the only agreement between us and you with respect to your use and access of the Services. You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use our Services on behalf of yourself and those minors and other persons, if any, for whom you are the legal representative. If you are the parent or guardian of a minor, we may collect information from you regarding that minor in order to provide the Services. If you do not accept these Terms, you may not use or access this Website and we cannot provide the Services to you.
2. Privacy
The Privacy Policy is incorporated by reference into these Terms, and your agreement to be bound by these Terms of Service means you are also bound by the Privacy Policy.
3. Use of Services
Certain sections of, or offerings from, the Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information; you are expressly prohibited from using a false e-mail address or other identifying information. You represent that you have the right to provide us with all such information and any other information you provide in relation to the Services. You agree to update your account information, as necessary, including providing us with your current email address and other contact information, so that you may receive notifications and other Service related notifications. Please see the Privacy Policy for additional information.
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Each registration is for your personal use only and not on behalf of any other person or entity, unless you are the legally authorized representative of the recipient of the Services. You may not share any registration, password or user ID with any other person; you understand and agree that you will not share that any access granted to you or Services provided to you to any other person.
You authorize Advocatia, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to otherwise provide the Services to you. Advocatia reserves the right to close, suspend, or limit access to your account and/or the Services for any reason.
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4. Communications
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When you agree to these terms, you agree to being contacted by us via phone, text message or email. If you do not want to be contacted, you may tell us that at any time, either on a phone call or via email. You may opt-out of receiving text messages at any time by replying “STOP” to a text message or by following the instructions in any such email you receive from us. You understand by opting out of receiving communications may impact or end your receipt of important communications regarding our Services.
5. Intellectual Property
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights; you understand that these rights are valid and protected in all media now existing or later developed. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as expressly allowed by these, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed, displayed or otherwise provided on the Website or through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.
Advocatia’s name, logo, and all related names, logos, product and service names, designs, and slogans, whether registered or unregistered, are trademarks of Advocatia or its affiliates or licensors. You must not use such marks without the prior written permission of Advocatia. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners and you must not use such marks without the prior written permission of the applicable owner.
Without limiting anything in these Terms, you understand and agree that you may not modify or use the Services or Content (defined below) for any commercial purpose and you understand that any such use is a violation of intellectual property rights owned by Advocatia and third parties. Without limiting any of the foregoing, you understand and agree that you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Website, Platform, Services and/or any of the Content, in whole or in part.
Advocatia reserves the right to terminate your license at any time, with or without notice.
6. Limited License; Restrictions on Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. All other rights are reserved to Advocatia.
Your license for access and use of the Services and any information, products, services and materials they contain (collectively defined as “Content”) therein are subject to the following restrictions and prohibitions on use: you may not (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or any Content retrieved therefrom; (b) create compilations or derivative works of any Content from the Services; (c) use any Content from the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Services; (e) make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any software in the Services; (g) use any automatic or manual process to harvest information from the Services; (h) use the Services in a manner that violates any law, rule or regulation; or (i) use the Services in any way except as expressly permitted by these Terms.
7. Disclaimer
The information and Content from or through the Services are provided “as-is,” “as available,” with “all faults”, and warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). We do not guarantee that the Services will be available at all times or without error, that defects will be corrected or that the Services are free of harmful components, although we use commercially reasonable efforts to address the foregoing. You understand that the information and services may contain bugs, errors, problems or other limitations. We and our Affiliated Parties have no liability whatsoever for your use or access of the Services or of any information or services provided or accessed through the Services. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise is intended to constitute medical advice or replace the advice of your healthcare providers. Without limiting the foregoing, Advocatia does not warrant or make any representation regarding the use, or the results of the use, of the Website, Platform, Content or any aspect of the Services. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE INFORMATIONAL IN NATURE, DESIGNED TO FACILIATE YOUR APPLICATION TO CERTAIN ASSISTANCE PROGRAMS AND ARE NOT ANY GUARANTEE THAT YOU ARE ELIGIBLE FOR OR WILL RECEIVE ANY FINANCIAL OR OTHER ASSISTANCE FROM ANY GOVERNMENTAL OR NON-GOVERNMENTAL PROGRAM. ALL SUCH PROGRAMS ARE SOLELY RESPONSIBLE FOR DETERMINING AND ASSESSING THE ELIGIBILITY REQUIREMENTS OF SUCH PROGRAM; ADVOCATIA DOES NOT SET ANY ELIGIBILITY REQUIREMENTS OR DETERMINE WHETHER ANY ASSISTANCE WILL OR WILL NOT BE GRANTED TO ANY APPLICANT.
Third-party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor do they necessarily reflect our belief.
8. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers (“Affiliated Parties”) or information and documents, attorneys, advertisers, products and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or access or use of the Services.
9. Limitation of Liability
We and any Affiliated Party are not liable for any indirect, special, incidental, punitive, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Services and the Content presented would not be provided without such limitations.
The aggregate liability of us and any Affiliated Party in connection with any claim arising out of or relating to these Terms, the Services and/or the Content provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Party.
10. Miscellaneous
Linked Sites. The Website, Platform and/or Content may contain links to other websites solely for your convenience. Advocatia does not endorse, nor make any warranties or representations about, any website you may access through a link from the Website, Platform and/or Content. You agree and acknowledge that you (and not Advocatia) assume all risk for any dealings or transactions of any nature, including without limitation, the purchase or use of any products or services from, or the reliance upon any information or materials contained in, such linked websites. Such linked websites may have their own terms of use and privacy policies and Advocatia is not responsible or liable with respect thereof.
Your Feedback. If you provide Advocatia with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Services or any other Advocatia materials (collectively, "Feedback"), the Feedback shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to the Feedback. In addition, you agree and acknowledge that we shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Feedback to others without limitation, and to authorize others to do the same. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in the Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Feedback. Advocatia shall not be liable or owe any compensation for any use or disclosure of the Feedback.
Modifications. These Terms may be amended at any time by us without specific notice to you. The latest Terms will be posted on the Website, and you should review the Terms periodically and prior to using the Services, so you are aware of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. Advocatia reserves the right at any time and without notice to discontinue or change the Website, Platform, Services and/or Content.
Governing Law and Jurisdiction. These Terms of Service shall be governed by the laws of the State of Tennessee without regard to conflicts or choice of law rules or principles. Any action to enforce these Terms shall be filed in the State or Federal Courts located in Williamson County, Tennessee, only.
Unlawful Activity. We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses or other contact information, usage history, posted materials, IP addresses and traffic information. We also reserve the right to deny you access to our Services without prior notice if we deem you or your activity to constitute a risk to us or our Services, the Platform or other users of the Services or Platform.
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11. Digital Millennium Copyright Act Notice
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If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, please notify Advocatia’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Website;
4. Information reasonably sufficient to permit Advocatia to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to info@advocatia.io with “DMCA NOTICE” in the subject line.
12. Contact Information
If you have any questions or concerns about these Terms of Service, please email us at info@advocatia.io.