Apply For Disability By Phone™ Privacy Policy

Thank you for visiting the Apply For Disability By Phone™ website located at applyfordisabilitybyphone.com (the “Site”). This Apply For Disability By Phone™ Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when an end-user visitor to the Site (“User,” “you” or “your”): (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to resources and/or information pertaining to Social Security Disability benefits, workers compensation benefits and/or veterans benefits, as well as related products and/or services (“Third-Party Links”); and/or (ii) text, video and/or other information pertaining to Social Security Disability benefits, workers compensation benefits and veterans benefits, as well as related products and/or services, as made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); (c) accesses links to Company’s social media pages/accounts featured on third-party social media websites, such as Facebook®, Google+®, Pinterest® and Twitter® (collectively, “Social Media Pages”); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company and/or certain third-party Social Security Disability benefits-related, workers compensation benefits-related and veterans benefits-related, product and/or service providers (“Third-Party Service Providers”) (collectively, the “Contact Services,” and together with the Site, Content and Social Media Pages, the “Site Offerings”).

Capitalized terms not defined herein shall have the meanings set forth in the Apply For Disability By Phone™ Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Please be advised that Company is in no way affiliated with the United States Social Security Administration or any other governmental entity. The Site Offerings are in no way authorized, sponsored or endorsed by the United States Social Security Administration or any other governmental entity.

Your California Privacy Rights

f you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please e-mail us at: [email protected]; or send us mail to: Apply For Disability By Phone

Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please e-mail us at: [email protected]; or send us mail to: Apply For Disability By Phone

Personal Information Collected

For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the Site Offerings and complete the required information request form and/or otherwise provide such information to us.

Where a User attempts to utilize the Contact Services, that User may be required to submit, and Company may collect, some or all of the following information: (a) the User’s full name; (b) the User’s e-mail address; (c) the User’s telephone number; (d) the User’s mailing address; (e) the User’s date of birth; and (f) any other information requested on the applicable form (collectively, “Initial Contact Data”).

Where a User attempts to utilize the Contact Services in connection with Social Security Disability benefit-related products and/or services, that User may be required to submit, and Company may collect, some or all of the following information: (i) the nature of the User’s condition giving rise to the subject Social Security Disability benefits claim; (ii) whether the User expects to be out of work for at least twelve (12) months; (iii) whether the User is currently working and making more than One Thousand Dollars ($1,000) a month; (iv) whether the User has been prescribed medication or is being treated by a doctor; (v) whether the User already receives some Social Security benefits; (vi) whether the User has already retained a Social Security Disability benefits attorney or advocate; and (vii) any other information requested on the applicable form (collectively, “SSDI Contact Data”).

Where a User attempts to utilize the Contact Services in connection with workers compensation-related products and/or services, that User may be required to submit, and Company may collect, some or all of the following information: (A) whether the subject injury occurred while the User was working; (B) the approximate date of the subject injury; (C) whether the User reported the subject injury to her/his supervisor at work; (D) whether the User was still employed when she/he reported the subject injury; (E) whether the User was hospitalized for the subject injury; (F) whether the User’s claim has already been rejected or accepted by an attorney or law firm; (G) a description of the subject injury; and (H) any other information requested on the applicable form (collectively, “WC Contact Data”).

Where a User attempts to utilize the Contact Services in connection with veterans benefit-related products and/or services, that User may be required to submit, and Company may collect, some or all of the following information: (I) the nature of the User’s service-related condition giving rise to the subject veterans benefits claim; (II) whether the User is unable to work due to her/his service-related condition; (III) whether the User was discharged honorably; (IV) whether the User currently has a U.S. Department of Veterans Affairs (“VA”) appeal pending or a VA decision that the User would like to appeal; (V) whether the User has already retained an attorney in connection with the subject service-related condition; and (VII) any other information requested on the applicable form (collectively, “Vet Contact Data,” and together with the Initial Contact Data, the SSDI Contact Data and the WC Contact Data, the “User Data”).

Upon entering Contact Data and clicking on the applicable submission button on the Site, Company may pass your Contact Data along to one (1) or more of its Third-Party Service Providers.

Please be advised that Company does not itself provide any underlying Social Security Disability benefits-related, workers compensation benefits-related or veterans benefits-related, products and/or services, and the ultimate terms and conditions of any such products and/or services will be determined by the applicable Third-Party Service Provider(s). You understand and agree that Company shall not be liable to you or any third-party for any products and/or services offered by any Third-Party Service Provider.

Use Of Personal Information

By submitting your personal information by and through the Site Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal information to any third-party for any purpose permitted by law, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third-parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. We may also use your personal information to send you promotional messages regarding various Company products and/or services, as well as third-party products and/or services that we think may be of interest to you.

Without limiting the foregoing, we may share your User Data with any and all applicable Third-Party Service Providers. These Third-Party Service Providers may, depending upon your stated preferences, use your User Data to offer you Social Security Disability benefits-related, workers compensation benefits-related and veterans benefits-related, products and/or services, and for any other lawful purposes, subject to any restrictions contained herein. The information that you supply directly to any Third-Party Service Providers shall be governed by the applicable Third-Party Service Providers’ privacy policy.

Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the delivery of the applicable Site Offerings to you, including to respond to any inquiries made by you.

You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site Offerings, and to keep you informed of our other products and services.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.

We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the Site Offerings and/or to contact you when necessary in connection with your use of the Site Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings. We may also combine the information we have gathered about you with information from other sources.

By submitting your personal information by and through the Site Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls from Company and designated Third-Party Service Providers, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows Company, as well as the designated Third-Party Service Providers, to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Company of the Phone Number Change via e-mail at: [email protected];, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past personal information: (A) in the event that we believe that the Site Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (B) if the information is subpoenaed or requested pursuant to any court order or legal proceeding; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any personal information pursuant to a subpoena; or (C) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Company is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.

Non-Personal Information Collection And Use

IP Addresses/Browser Type

We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.

Cookies

When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site Offerings, including for storing User preferences and tracking Site-User trends (such ainkies, pixels and other tracking technology (collectively, “Tracking Technology”) in connection with the Site for purposes of tracking Users’ activities (such as websites visited, advertisements selected and pages viewed) after they leave the Site. Company, and its third-party partners, use this Tracking Technology to target applicable Users with advertisements featuring Company products and/or services, as well as third-party products and/or services, that may be of interest to applicable Users.

In general, Users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. In addition, Users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.

Further, users can opt-out of certain Google®-related tracking technology, and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: https://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site.

Cross Device Tracking

Company tracks Users’ use of the Site Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Site Offerings experience. Company may collect certain of your personal information across various devices.

Aggregate Data

Company reserves the right to transfer and/or sell aggregate or group data about Users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Site Offerings Users as a group, without disclosing personally identifiable information.

Social Media Websites

If you engage in any interaction with Company, other end-users or any third-party on any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Company responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Company’s social media accounts.

We are not responsible for the personal information that you choose to submit on any Social Media Websites. The Social Media Websites operate independently from Company, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.

Third-Party Websites

This Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites, Third-Party Links and websites owned and operated by Third-Party Service Providers. Company is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Company has no responsibility or liability relating to them.

Security

We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter sensitive information (such as financial information), and when we store and transmit such sensitive information, that information is encrypted with advanced TLS (Transport Layer Security).

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. Company does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Company encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe

To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: [email protected].

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from Company, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to Company, as applicable.

Deleting, Modifying And Updating Your Information

At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: [email protected]. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Transfer Of Personal Information Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes To This Privacy Policy

Company reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, Company will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, you may email us as at: [email protected]

Terms and Conditions

1. Acknowledgment and Acceptance of Terms

ApplyForDisabilityByPhone.com, LLC® (hereafter referred to as “us” or “we”) provides the site 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.

2. 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.

3. 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:

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;
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;
Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
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;
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
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.

4. 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.

5. 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.

6. 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.

7. 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:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
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;
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;
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
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) 284-2187

You 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.

8. 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.

9. 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.

10. 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 ApplyForDisabilityByPhone.com, 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 ApplyForDisabilityByPhone.com, 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 ApplyForDisabilityByPhone.com, 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 ApplyForDisabilityByPhone.com 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. Consent To Electronic Communication

By clicking “I agree to the terms & conditions” and submitting my request, I consent to the terms of this website and for Premier Disability Services, LLC (ApplyForDisabilityByPhone.com) to contact me, for the purpose of completing a free disability evaluation, by email, landline or wireless phone, and/or text messages at any phone number or email address provided (message/data rates may apply). I understand:

An auto dialer may be used and contain pre-recorded messages.
This authorization overrides any previous registrations on a federal or state Do No Call registry but only for Premier Disability Services, LLC and ApplyForDisabilityByPhone.com.
Consent is not required to utilize these services and my contact information is confidential, secure and will never be shared or sold.
I have the right to opt-out at any time from receiving electronic communications from Premier Disability by (a) following the unsubscribe instructions contained in each communication; or (b) sending mail to:

ApplyForDisabilityByPhone.com
3397 Coon Rapids Blvd NW, Suite 100
Minneapolis, MN 55433

21. Statement Of Ongoing Consent

You hereby agree and acknowledge that your submission of an online request constitutes your ongoing consent for ApplyForDisabilityByPhone.com 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 mail to:

ApplyForDisabilityByPhone.com
3397 Coon Rapids Blvd NW, Suite 100
Minneapolis, MN 55433

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