The Site constitutes an informational and promotional resource for individuals seeking to obtain information or assistance regarding Federal Employment Retirement System (“FERS”) disability claims (“FERS Claims”). FERS DISABILITY EXPERT provides direct consultation and support to clients seeking assistance or guidance from FERS DISABILITY EXPERT relating to FERS Claims (“Services”). Such Services are only provided to FERS DISABILITY EXPERT Clients who have retained FERS DISABILITY EXPERT and have fully executed a Client Services Agreement.
Supplemental terms, including a Client Services Agreement, may apply to certain Services offered by FERS DISABILITY EXPERT. Such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s), but only to such specific applicable Services.
FERS DISABILITY EXPERT, in its sole discretion, may amend these Terms or any supplemental terms from time to time, which shall be effective at the time of posting. Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms, as amended.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION PROVISION WHEREBY YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND FERS DISABILITY EXPERT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, EXCEPT FOR CERTAIN DISPUTES MORE FULLY DESCRIBED BELOW, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
ELIGIBILITY AND AUTHORITY
This Site is intended only for use by individuals over the age of eighteen (18) years of age. It is available only to users who are able to form legally binding contracts under applicable law. By using the Site or the Services, you represent and warrant that you are:
- at least eighteen (18) years of age;
- otherwise recognized as being able to from legally binding contracts under applicable law;
- are located within the United States or its territories; and
- are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
Subject to your compliance with these Terms, FERS DISABILITY EXPERT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
- access and use the Site on your personal device(s) solely in connection with obtaining information and or seeking to retain the Services of FERS DISABILITY EXPERT; and
- access and use the information, content, tools and other materials that may be made available through the Site.
Any rights not expressly granted herein are reserved by FERS DISABILITY EXPERT and its licensors.
RESTRICTIONS ON USE
FERS DISABILITY EXPERT grants you permission to use the Site subject to the restrictions in these Terms. Your use of the Site and any features contained therein is at your own risk. The Site may not be available in all geographic locations and at all times. Additionally, you may not:
- collect or attempt to collect personally identifiable information of other users by electronic or other means for the purpose of sending unsolicited emails and/or unauthorized framing of or links to the Site;
- make any false or fraudulent representations to us or materially false or fraudulent representations to other users in any communication or disclosure of information, whether private or otherwise, in any manner;
- access, copy, or monitor any content or information on the Site using any spider, robot or other automated means or any manual process for any purpose without our express written permission;
- “co-brand”, “frame”, “hyperlink” or otherwise incorporate any part of the Site into any other website without our prior express written authorization;
- use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
- obtain or attempt to obtain any content, information, or materials through any means not intentionally made available or provided for through the Site;
- modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or connected to FERS DISABILITY EXPERT which has not been specifically provided by FERS DISABILITY EXPERT;
- modify, disassemble, decompile, reverse-engineer or make copies or reproductions of the Site, except to the extent allowed by law;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, the features preventing or restricting use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or
- delete the copyright, trademark, or other proprietary rights notices on or within the Site.
ACCOUNTS, SECURITY AND USAGE
You may be required to create an account to access or use certain features of the Site or Services. If you choose to create an account, you are entirely responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security. Should you fail to notify us of known unauthorized access or use of your account, you may be liable for orders and account activity.
By providing contact information to FERS DISABILITY EXPERT (including, but not limited to name, address, phone number, and/or email address), you agree to receive infrequent communications from FERS DISABILITY EXPERT. Such communications may include notices about applicable fees and charges, transactional information and other information concerning or related to purchased Services. Such communications are part of your relationship with us. You hereby agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt-out of non-essential communications when this option is made available to you. You further understand that the foregoing license grant is not a sale of the Site or any copy thereof, and FERS DISABILITY EXPERT retains all right, title, and interest in and to the Site and any copy thereof.
SERVICES, CONTENT AND SPECIFICATIONS
All features, content, specifications, services, consultations, and fees for the Services described or depicted on this Site are subject to change at any time without notice. We make all reasonable efforts to accurately describe all aspects and characteristics of the Services; however, those Services depend on the user’s specific case or situation. The inclusion of any particular Services on this Site at a particular time does not imply or warrant that these Services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal laws (including minimum age requirements) in order to engage the Site and the Services therein.
ACCURACY OF INFORMATION
Despite our efforts to provide our visitors with the most up-to-date and accurate information concerning the FERS Claim process, it is possible that an estimated Service fee offered on the Site may be inaccurate or the Service description may contain an inaccuracy. FERS DISABILITY EXPERT does not warrant that information, graphic depictions, illustrations and/or other contents of the Site are accurate, complete, reliable, updated, current, or error-free. FERS DISABILITY EXPERT may make improvements or changes to any of its content, information, Services, or programs described on the Site at any time without notice.
PROFESSIONAL SERVICES REQUESTS
All requests for FERS DISABILITY EXPERT Services placed through the Site, or by telephone, fax or email, are subject to FERS DISABILITY EXPERT’s acceptance. This means that FERS DISABILITY EXPERT may refuse to accept or may cancel any request, whether or not the request has been confirmed, for any or no reason, and without liability to you or anyone else, up until a Client Services Agreement has been executed by you and FERS DISABILITY EXPERT.
If your request is cancelled or refused, you will receive a communication from FERS DISABILITY EXPERT explaining the reason for the cancellation or refusal. In such a case, we will work directly with you to resolve the issue.
INTELLECTUAL PROPERTY RIGHTS
All of the content featured or displayed on the Site, including without limitation text, names, graphics, photographs, images, moving images, sound, logos, illustrations, and videos (“Content”), is owned by FERS DISABILITY EXPERT, its licensors, vendors, agents and/or its Content providers. All elements of the Site, including without limitation the general design and Content, are protected by trade dress, copyright, trademark and other laws relating to intellectual property rights. The Site may only be used for the intended purposes for which the Site is being made available. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, work or Content contained on the Site. Except as authorized under applicable copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these Terms, the use of any protected materials or Content on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site. The Site, its Content, trademarks, service marks, logos, copyrighted works and all related rights appearing on the Site are the property of FERS DISABILITY EXPERT or its licensors, and shall remain the exclusive property of FERS DISABILITY EXPERT or its licensors unless otherwise expressly agreed.
If you would like information about obtaining FERS DISABILITY EXPERT’ permission to use protected Content appearing on the Site for any purpose, please email firstname.lastname@example.org. Any violation of these Terms that is connected to any permission related to the Content automatically terminates your license to use the Content and you must immediately destroy any copies of the Content in your possession, in any format and/or method whatsoever.
All trademarks, service marks and trade names of FERS DISABILITY EXPERT used herein (including but not limited to: FERS DISABILITY EXPERT’s name, corporate logo, and design (collectively “Protective Marks”) are trademarks or registered trademarks of FERS DISABILITY EXPERT, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify FERS DISABILITY EXPERT’s trademarks and Protective Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without FERS DISABILITY EXPERT’s prior written consent. The use of FERS DISABILITY EXPERT’s Protective Marks on any other website or network computer environment is expressly prohibited without prior written consent of FERS DISABILITY EXPERT.
We respect the intellectual property rights of others and we ask our users to do the same. If you believe that materials posted on the Site violate your intellectual property rights, please contact us by mail or email at the addresses listed below. Please include:
- an electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright or other proprietary interest;
- a description of the alleged infringing work;
- a description of where the work is located on the Site (including website URL and screenshot, if applicable);
- your name, address, telephone number and email address;
- your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and
- your statement, made under penalty of perjury, that the information contained in your notice is accurate and that you are the owner of the subject material or are authorized to act on such person’s behalf.
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or material so that he or she can make a counter-notification.
If you believe that materials contained within the Services should not have been removed for alleged infringement, please contact us by mail or email at the addresses listed below. Please include:
- your physical or electronic signature;
- a description of the content that was removed or disabled by mistake, where it was located on the Service, including the URL address if possible;
- your address, telephone number and email address;
- your statement, under penalty of perjury, that you have a good faith belief that the content identified above was removed or disabled due to a mistake or misidentification; and
- a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if outside of the United States, for any judicial district in which FERS DISABILITY EXPERT may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
We strongly encourage you to seek legal advice before filing a notice or counter-notice. Any misrepresentations in your notice or counter-notice regarding allegations that material or activity is infringing may expose you to liability for damages, including costs and attorneys’ fees.
100A Cass Ave., Unit 10
Dracut, MA 01826
By Email: email@example.com
THIRD PARTY LINKS AND WEBSITES
From time to time, this Site may contain links to websites that are not owned, operated or controlled by FERS DISABILITY EXPERT, its subsidiaries or affiliates. All such links are provided solely as a convenience to you. By using these links, you will be directed out of the Site and to an outside website. Neither we nor any of our respective subsidiaries or affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective subsidiaries or affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other website. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk. You agree that FERS DISABILITY EXPERT, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. FERS DISABILITY EXPERT expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
UNAUTHORIZED USE OF COMPUTER SYSTEMS
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to us, or any user of the Site or through automated computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate termination of accounts, preventing access to the Site, or removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
USER GENERATED CONTENT – Opinions
All opinions, remarks, comments, reviews, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (“User Generated Content”) do not represent the views of FERS DISABILITY EXPERT or any individual associated with FERS DISABILITY EXPERT. We do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, that FERS DISABILITY EXPERT has endorsed any User Generated Content. FERS DISABILITY EXPERT does not vouch for the accuracy or credibility of any User Generated Content on our Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Site. Through your use of the Site and Services, you may be exposed to User Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Site, you assume all associated risks.
USER GENERATED CONTENT – License
User Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Site, you grant FERS DISABILITY EXPERT a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
Except as prohibited by applicable law, the information, materials, content and Services provided on or through this Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. FERS DISABILITY EXPERT, nor any of its respective affiliates (i) warrants the accuracy or completeness of the information, materials or Services provided on or through the Site or (ii) undertakes any obligations or assumes any duty to update such information, materials or Services.
Nothing in this Site and its content should be construed as a representation or warranty as to the outcome of the Services. Neither FERS DISABILITY EXPERT, nor any of its respective affiliates, warrants that the functions contained within this Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.
Except as specifically provided herein, or prohibited by law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services listed or purchased on or through the Site.
LIMITATION OF LIABILITY
Please read this section carefully, it limits the liability of FERS DISABILITY EXPERT and its related entities, including its parents, subsidiaries, affiliates, related companies, suppliers, licensors, vendors, and partners and the officers, directors, members, employees, agents, and representatives of each of them to you. Each paragraph below applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any of your rights which may not be lawfully limited.
Under no circumstances shall FERS DISABILITY EXPERT, its parents, subsidiaries and/or its respective suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, arising out of your or any other user’s conduct related to the use of the Site, even if FERS DISABILITY EXPERT has been advised of the possibility of such damages. In no event will the collective liability of FERS DISABILITY EXPERT, its parents, subsidiaries and/or its respective suppliers to any party, whether in contract, tort, or otherwise, exceed the greater of $500.00 or the amount you have paid to FERS DISABILITY EXPERT for the applicable Services out of which liability arose. You agree that this limitation of liability represents a reasonable allocation of risk. This allocation of risk and the disclaimer of warranties herein are a fundamental element of these Terms.
The limitations of liability specified in this section shall survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of FERS DISABILITY EXPERT, and/or its respective affiliates, partners, and suppliers.
Any content or material downloaded or otherwise obtained through the use of the Services are obtained at your own risk and discretion. You will be solely responsible for and hereby waive any and all claims and causes of action related to any damage or injury to your mobile device, computer, network, or other download or display device, or the loss or corruption of data resulting from the download of any such material. If you do not accept this limitation, you are not authorized to download, use, purchase or obtain materials and Services through the Site. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
RELEASE AND INDEMNITY
Furthermore, you agree to indemnify and hold FERS DISABILITY EXPERT and its officers, directors, agents, subsidiaries, joint ventures and employees (collectively the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties shall bear no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any information accessed from the Site.
We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. We may also block your access to our Site in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
THESE TERMS, AS WELL AS ANY CLAIM, CAUSE OF ACTION OR DISPUTE THAT MAY ARISE BETWEEN YOU AND FERS DISABILITY EXPERT, RELATING TO OR IN CONNECTION WITH THE SUBJECT MATTER HEREOF, WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION. YOU HEREBY INDICATE YOUR ACCEPTANCE TO THESE TERMS AND CONDITIONS, INCLUDING YOUR AGREEMENT TO ARBITRATE, BY CONTINUING TO USE THE SITE AFTER HAVING THE OPPORTUNITY TO REVIEW THESE TERMS.
THE ARBITRATION, INCLUDING THE SELECTING OF THE ARBITRATOR WILL BE ADMINISTERED BY THE ALTERNATIVE DISPUTE RESOLUTION PROVIDER JAMS, UNDER ITS STREAMLINED ARBITRATION RULES, BY A SINGLE NEUTRAL ARBITRATOR AGREED TO BY THE PARTIES, WITHIN THIRTY (30) DAYS OF THE COMMENCEMENT OF THE ARBITRATION, TO BE HELD IN BOSTON, MASSACHUSETTS.
IN AGREEING TO ARBITRATE ANY AND ALL DISPUTES BETWEEN YOU AND FERS DISABILITY EXPERT, YOU EXPRESSLY REPRESENT THAT YOU KNOWINGLY FOREGO THE RIGHT TO LITIGATE OR HAVE A JURY TRIAL ON ANY DISPUTE RELATING TO THESE TERMS, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATOR. YOU FURTHER KNOWINGLY WAIVE ANY RIGHT TO JOIN IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION RESPECTIVE TO THESE TERMS AND CONDITIONS. THUS, YOU AGREE THAT YOU WILL NOT PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION AGAINST FERS DISABILITY EXPERT AND ITS AFFILIATED COMPANIES, IN ANY DISPUTE.
CHOICE OF LAW AND VENUE
These Terms, as well as any claim, cause of action or dispute that might arise between you and FERS DISABILITY EXPERT, will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions. In connection with any arbitration (or litigation) arising out of, related to or in connection with these Terms, you agree to submit to personal jurisdiction in the Courts of Suffolk County, Massachusetts.
SEVERABILITY AND HEADINGS
If any part of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will remain enforceable, legal and valid. The headings of sections and subsections hereof are solely for convenience of reference and are not part of these Terms.
- These Terms constitutes the entire agreement between you and FERS DISABILITY EXPERT relating to the subject matter of the Terms and supersedes all prior or contemporaneous proposals and communications, whether oral, written or electronic between you and FERS DISABILITY EXPERT, its representatives, agents, or assigns.
- A printed version of these Terms and of any notice given in electronic form shall be admissible in a dispute resolution, judicial, or administrative proceeding based upon or relating to these Terms to the same extent and subject to the same conditions as any other business record or document originally created and maintained in printed form.
- We reserve the right to modify, update or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Except as otherwise stated, nothing herein is intended, nor will be deemed to confer rights or remedies upon any third party.
- Any failure on FERS DISABILITY EXPERT’s part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
- The provisions of these Terms shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors, and assigns.
© 2017 SGS, LLC