BY ACCESSING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, THEN DO NOT USE OR ACCESS THE SERVICES

1. Definitions

When we say “Services” we mean any website owned or operated by, and services offered by, Advocatia, including websites at www.benefitriage.com. The Services shall also include all content and information provided by the Services. When we say “we” or “us” or “Advocatia” we mean Advocatia Solutions, Inc. “You,” “Your,” or “User” means any person who accesses or uses the Services. When we say this “Agreement” we are referring to these Advocatia Terms & Conditions, including the Privacy Policy and the other documents referred to in this document.

2. Scope of Terms

The Services may be used only under this Agreement made between Advocatia and You. Advocatia reserves the right to modify this Agreement at any time without notice to User. User agrees to review this Agreement periodically to ensure awareness of any modifications. User’s continued access or use of the Services after modifications have become effective shall be deemed conclusive acceptance of the modified terms.

Advocatia has the exclusive right to control accessibility, hours of use, content, and features of the Services. Advocatia can restrict access to any or all portions of the Services, or remove any information or content from the Services at any time. Advocatia reserves the right, but shall not be obligated, to monitor use of the Services.

User is solely responsible for providing the equipment related to accessing the Services, including but not limited to all computer, tablet, phone, mobile device, and other equipment. When an individual has authorized You to share his or her health information with us, You are responsible for the use and disclosure of the individual’s health information obtained via the Services in accordance with the Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act, and its implementing regulations (“HIPAA”) and any other applicable privacy and security laws or regulations.

3. License and Limitations

You are granted a personal, revocable, limited, non-exclusive, non-transferable, non-assignable license to access and use the Services, conditioned on Your continued acceptance of, and compliance with, this Agreement. Users may not do any of the following while using the Services:

  • interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks;

  • attempt to gain unauthorized access to the Services, computer systems or networks connected to the Services, through password mining or any other means;

  • interfere with another user’s use and enjoyment of the Services;

  • upload any message, information, data, text, software, graphic files or other materials (“End User Content”) that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, sexually, ethnically or otherwise objectionable;

  • use the Services (i) in an offensive manner towards any individual or person, (ii) for political purposes, (iii) to harm or exploit minors in any way, (iv) to post, submit or transmit unlawful, harmful, tortuous, defamatory, profane, libelous, hateful or otherwise offensive material, (v) in a racially, ethnically or otherwise impermissible discriminating manner, (vi) to post or reference obscene, pornographic, indecent or illegal materials, (vii) to discuss, incite or otherwise solicit illegal activity, or (viii) in any manner that infringes upon the rights of any individual or other person, including, but not limited to intellectual property, publicity or privacy rights;

  • upload End User Content that contains a virus, corrupted file, or other harmful component;

  • impersonate any person or entity, including, but not limited to, Advocatia personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any End User Content under a fictitious name;

  • upload any End User Content that You do not have a right to upload under law or under contractual or fiduciary relationships including but not limited to nondisclosure agreements;

  • upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;

  • upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation, commercial or non-commercial;

  • use any robot, spider or other automatic device or manual process to monitor or copy any web pages or any content contained on or available through the Services;

  • intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with Your use or another’s use of the Services; or

  • upload any End User Content that violates or infringes any patent, trademark, trade secret, copyright, privacy, or any right, of whatever nature, of anyone.

 

If You violate any of the terms of this Section 3, Your permission to use the Services automatically terminates.

4. Proprietary Rights

The Services include, without limitation: (i) Advocatia’s trademarks, service marks, logos, brands, brand names, trade dress, trade names and other distinctive identifications (collectively “Advocatia’s Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, resources, software applications and tools, text, images, photographs, audio and video material, and artwork. The Services and the Advocatia Marks are the property of Advocatia, its licensors, sponsors, partners, advertisers, content providers or other third parties and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the Services, including any such notices appearing on any of the Services. You are permitted to download, transmit, display, print, use, or reproduce content provided in the Services. Except for the limited use licenses as set forth in Sections 3, You may not use any of the Advocatia Marks or Services for any other reason without the express written permission of Advocatia. Advocatia may, at any time, in its sole discretion, without cause, terminate the license granted herein and terminate Your use of the Advocatia Marks and Services.

Any feedback, suggestions, solutions, improvements, corrections, or other contributions You provide regarding the Services becomes the sole property of Advocatia and You agree to assign and hereby assign any and all such rights to Advocatia without charge. You further agree to take all acts reasonably requested by Advocatia to confirm Advocatia’s ownership of such items.

5. Username and Password

User may be required to select a username and password when accessing certain portions of the Services. Advocatia may refuse to grant a username that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by Advocatia’s sole discretion. User is solely and fully responsible for maintaining the confidentiality of his/her username and password and is solely and fully responsible for all activities that occur under his/her username and password. User agrees to: (a) immediately notify Advocatia of any unauthorized use of a username and password or any other breach of security and (b) ensure that User logs off at the end of each session. Advocatia will not be liable for any loss or damage arising from User’s failure to comply with this Section 5.

 

6. Privacy Policy

Please review our Privacy Policy at (https://www.advocatia.io/privacy-policy) to understand our practices relating to the collection and use of Your personal information. By accessing and using the Services, You agree to the terms of our Privacy Policy, which are incorporated into this Agreement by this reference.

7. Disclaimer

YOU ACCESS AND USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING, TRADE OR PERFORMANCE, ARE SPECIFICALLY DISCLAIMED. NEITHER ADVOCATIA NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. No advice or information, whether oral or written, obtained by You from Advocatia, Your provider or their respective affiliates or vendors in any manner will create any warranty.

8. Limitation of Liability

IN NO EVENT WILL ADVOCATIA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, ANY COMPATIBILITY BETWEEN THE SERVICES AND THE USER’S FILES, AND THE USER’S BROWSER OR OTHER SITE ACCESSING THE SERVICES.

THE PROVISIONS IN THIS SECTION 8 ARE APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ADVOCATIA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF, USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. USER AGREES THAT ADVOCATIA IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SERVICES.

USER AGREES NOT TO SEEK TO HOLD ADVOCATIA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

USER AGREES NOT TO SEEK TO HOLD ADVOCATIA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SERVICES.

NOTWITHSTANDING THE FOREGOING OR ANYTHING IN THE AGREEMENT TO THE CONTRARY, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ADVOCATIA AND ITS AFFILIATES AND VENDORS FOR ANY REASON EXCEED $50.00 US DOLLARS, REGARDLESS OF WHETHER THE FOREGOING REMEDIES SHOULD FAIL OF THEIR ESSENTIAL PURPOSE. YOU UNDERSTAND THAT THIS PROVISION IS A MATERIAL TERM OF THIS AGREEMENT, WITHOUT WHICH ADVOCAITA WOULD NOT PROVIDE ACCESS TO THE SERVICES. USER AGREES THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR ACTION ARISING OUT OF OR REGARDING THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

9. Indemnification

User understands and agrees that he or she is personally responsible for his or her behavior while accessing or using the Services. User agrees to indemnify, defend, and hold harmless Advocatia, its directors, officers, employees, agents, and assigns from and against all losses, expenses, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary, punitive, and direct damages), reasonable attorneys’ fees, resulting from or arising out of the User’s use, misuse, or inability to use the Services or any violation by the User of this Agreement. NOTWITHSTANDING THE FOREGOING, ADVOCATIA AND ITS VENDORS RESERVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

10. Termination of Agreement

Either Advocatia or User may terminate this Agreement at its discretion. In addition to Advocatia’s other rights, Advocatia may terminate access to the Services if User breaches this Agreement in any way or engages in conduct that Advocatia deems inappropriate. In the event of termination of this Agreement, Your right to use the Services shall immediately terminate.

 

11. Governing Laws

The Services are based in the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

This Agreement will be governed by the internal laws of the State of Illinois, without regard to its choice of law provisions. You agree that any action arising out of or relating to this Agreement may be brought only in a court of competent jurisdiction in Cook County, Illinois, and You hereby consent to the jurisdiction, venue, and convenience of such courts.

12. Miscellaneous

Upon User’s breach of this Agreement, Advocatia may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages as well as injunctive relief. Advocatia’s remedies are cumulative and not exclusive. Failure of Advocatia to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

In the event of any dispute, the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs. If a court or arbitrator deems any provision of this Agreement unenforceable or invalid, then the court or arbitrator will modify such provision to the minimum extent necessary to make such provision enforceable and valid. If such modification proves impossible or impracticable then the provision will be severed and the remaining terms of this Agreement interpreted and read to give them maximum enforceability.

This Agreement, together with the Privacy Policy constitute the entire agreement between You and Advocatia with respect to the subject matter discussed above. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Advocatia. This Agreement supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. This Agreement will inure to the benefit of Advocatia’s successors, assigns, and licensees. Print a copy of this Agreement for Your records.