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  1. Acknowledgement and Acceptance of Terms

Premier Disability Services, LLC® (hereafter referred to as “us” or “we”) provides the http://www.premierdisability.com and http://www.premierdisabilityservices.com sites in addition to various related websites and services (together referred to as “this site.”) Use of this site is subject to your compliance with all of the terms, conditions, and notices contained or referenced herein (i.e. “Terms of Use”), as well as any other written agreement between us (or between your company or organization).   In addition to these terms of use, users shall be subject to any posted guidelines or rules applicable when using particular services or materials on this site. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

By using this site, you acknowledge and agree that you are bound by these Terms of Use. If you do not wish to be bound by these terms please exit the site now. Your agreement to comply with these Terms of Use becomes effective immediately upon commencement of your use of this site.

We reserve the right to modify or change these Terms of Use at any time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Use on a periodic basis in order to be aware of any changes. Your continued use of this site after such changes are made will constitutes your acknowledgment of the modified Terms of Use and your agreement to be bound by the modifications.

References to our “Affiliates” within these Terms of Use include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or contents.

  1. Description of Services

We make various services available on this site including, but not limited to, information about the Social Security Disability process and obtaining Social Security disability representation. We reserve the sole right to either modify or discontinue the site, including any features therein, at any time and without notice to you. Should we exercise such right, we will not be liable to you or any third party. Modifications may include, but are not limited to, changes in the pricing structure and the addition of fee based services. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to store any user communications or personalization settings.

The information provided on the site is not intended as legal, tax, insurance, investment, financial planning or medical advice or counsel. Visitors to the site are solely responsible for obtaining such professional services as they deem necessary or advisable. All of the information provided on the site, such as advice, messages, forum postings and any other material provided on the site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it due to information provided on this site.

  1. Conduct on Site

Your use of the site is subject to all applicable laws and regulations. You are solely responsible for the content of your communications through the site. By posting information in or otherwise using any communications service, forum, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data or other information — that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  1. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, military status (former or current), or disability;
  1. Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
  1. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam“), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, including posting links to such content;
  1. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party, including posting links to such content; or
  1. Impersonates any person or entity, including but not limited to any of our employees or representatives.We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen or edit the content posted by users of communications services, forums, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents reserve the right, at their sole discretion, to remove any content that, in our sole judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “User’s Materials“ below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.You agree that we may at any time, and at our sole discretion, terminate your access to the web site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
  1. Disclaimers

WE PROVIDE THE SERVICE ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDIZE AND SERVICES AND YOU.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

  1. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  1. Account Registration, Data, and Privacy

A separate account and password may be required to access some of the services of this site. This account and password can be obtained by completing our online registration form, which requests certain information and data. Maintaining and updating your registration data may be required. By registering, you agree that all information provided in the registration data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

  1. User’s Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  1. Identification of the copyrighted work claimed to have been infringed;
  1. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  1. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  1. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  1. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.Pursuant to the Digital Millennium Copyright Act, our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.Designated Agent for Claimed Infringement:Legal Department
    3397 Coon Rapids Blvd, Suite 100, Minneapolis, MN 55433
    (612) 284-2187You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party.
  1. Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to remove or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We provide storage space and access for material through our site. For purposes of these Terms of Use, “material“ refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Conduct on Site” above. We will not routinely monitor the contents of material that is sent to us. You are solely responsible for any information that you send to us. However, if complaints are received regarding language, content, or graphics uploaded by you, we may, at our sole discretion, remove the images hosted on our servers and terminate your service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us liable for any damage to, misappropriation of, any deletion of or any failure to store your files, data or Registration Data.

  1. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any messages sent. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

  1. Intellectual Property Information

For purposes of these Terms of Use, “content“ is defined as any information, communications, software, photos, videos, graphics, music, sounds and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, forums, chat, and other original content.

This site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Premier Disability Services, LLC®.

By accepting these Terms of Use, you acknowledge and agree that content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Premier Disability Services, LLC® and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials“ above for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks, service marks or trade names of Premier Disability Services, LLC® or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Premier Disability Services or its Affiliates.

Some of the ideas, software and processes incorporated into services that are available on this site or described on this site are protected by patents and may also be protected by patent applications pending in the United States and selected foreign jurisdictions.

  1. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

  1. Limitation of Liability

You acknowledge and agree to waive all claims against us and all third party content providers regarding this site, the information provided on this site, and any information received by you as a result of using the services, and any use by you of such information. You agree that under no circumstances shall we or any other party involved in creating, producing, or delivering this site or its contents or services be liable to you for any damages, including, but not limited to, any direct, indirect, incidental, special, or consequential damages or damages for loss of profits, good will, business interruption, use, data, equipment or other intangible losses (even if we have been advised of the possibility of such damages) that result from (1) the use of or inability to use this site or any services; (2) the consequences of any decision made or action or non-action taken by you or by anyone to whom you communicate such information, or for any errors by you in communicating such information; (3) the cost of substitute services; or (4) any other matter relating to the content, services, or distribution of services through this site. We shall not be liable for damage or injury to persons or property arising from any use of any product, information, procedure, or service obtained through this site. Our entire liability and your exclusive remedy for any dispute or claim related to these terms of use, the site, any services, or the privacy policy is your cessation of the use of this site and any and all services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. We cannot and will not assume any liability for unauthorized or fraudulent use of this site and any services.

  1. International Use

We make no representation that materials on this site are appropriate or available for use in locations outside of the United States. This Site is intended for use in the United States only. Accessing the materials where the contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiatives and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

  1. Choice of Law and Forum

This entire agreement is governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of Minnesota with regard to any claims by you arising out of or related to this Site. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with us, our employees, contractors, officers, directors, and content providers or relating in any way to your use of this Site or the Services resides in the state or federal courts of Minnesota. You further irrevocably agree and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under these Terms of Use. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

  1. Alternative Dispute Resolution

Any controversy or claim arising out of, or is related to, your use of this website or these Terms of Use shall be adjudicated by arbitration proceedings administered by the American Arbitration Association under its commercial arbitration rules. Any Judgment rendered by an arbitrator in this process may be entered into any court of law having jurisdiction of such arbitration proceeding. The prevailing party in any arbitration proceeding under this provision shall be entitled to recover attorneys’ fees and other costs incurred in connection with such proceeding from the other party.

  1. Severability

The provisions of this agreement are severable and to the extent that any provision herein is determined by court order, law, or rule to be invalid, such invalidity shall in no way affect nor invalidate the other provisions.

  1. Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, except where otherwise indicated, these Terms of Use shall take precedence.

  1. Links to Other Websites

This Site may provide links to other websites that we feel may be of interest to our users. When you click on one of these links, you may be moving to another provider’s website. These websites are not controlled by us and we are not responsible for the content or the proper operation of any linked site. The presence of any link on this site does not imply our endorsement. You agree and acknowledge that it is your responsibility to read the terms of use and privacy statements of these linked sites as their policies may differ from ours.

  1. Consent to Electronic Communication

By submitting a request on this site, you hereby grant Premier Disability Services, LLC® permission to contact you at any number or email address entered so we can assist with your request. This authorization overrides any previous registrations on a federal or state Do Not Call registry. You agree that Premier Disability Services may use an automatic dialing system in connection with calls made to any telephone number entered, even if the telephone is a cellular phone or other service for which the called party is charged. You further agree and consent to Premier Disability Services, LLC® utilizing text messaging services to contact you at any telephone number entered. You understand that your consent to being contacted in this manner is not a condition of purchase or acceptance of services of any kind. You have the right to opt-out of receiving text messaging or any other type of electronic communication by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to customercare@premierdisability.com. Exercising your right to opt-out of this manner of communication will not adversely impact your ability to use the services provided by Premier Disability Services, LLC®

  1. Statement of Ongoing Consent

You hereby agree and acknowledge that your submission of an online request constitutes your ongoing consent for Premier Disability Services to contact you, electronically or otherwise, both now and in the future to notify you about potential offers, follow up, or to address customer service issues. You have the right to opt-out of receiving communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to customercare@premierdisabilty.com.