TERMS AND CONDITIONS OF SERVICE
CLIENT UNDERSTANDS AND ACCEPTS THAT: ZeroRisk Cases, Inc. provides Claimants that will undergo three processes:
- digital marketing
- call center division, and
- document services
The Campaign Fee is based upon the reasonable costs of such advertising.
Our ZeroRisk Compliance Plus ProgramTM Transforms Mass Tort Integrity and Patient Care Through Real-Time Medical Records.
Our ZeroRisk Compliance Plus ProgramTM adds significant assurance and compliance to our already bulletproof ZeroRisk Compliance ProgramTM.
CLAIMANT SIGNED CASES
Each signed Claimant will include completed intake form, signed attorney retainer agreement, HIPAA, HITECH, and any other attorney provided documents for Claimant signature. We also include the Claimant background check, ZeroRisk Compliance ProgramTM, and Call Recordings for added quality assurance with each signed Claimant.
TERMS AND CONDITIONS
This Agreement and each Insertion Order are subject to and governed by these Terms and Conditions.
This Agreement shall remain in effect for so long as any Insertion Order is in effect. Following the termination or expiration of this Agreement and any Insertion Order, any and all provisions set forth herein which, by their very nature, are intended to survive any expiration or termination hereof, shall so survive, including without limitation, the provisions respecting Confidentiality, Limitation of Liability, Attorney’s Fees, and Applicable Law.
Work will commence within 7-14 business days of payment and continue until all signed retainers have been delivered. The campaign will be ongoing until completed. There will be no criteria changes permitted once a campaign is started. Any change in criteria will be reflected in any subsequent campaign. There will be no changes in documents permitted once a campaign is started. A change in documents will be reflected in any subsequent campaign.
ZeroRisk Replacement Policy
All payments to ZeroRisk Cases, Inc. are nonrefundable.
- If the Claimant we signed for you does not meet your initial criteria, we replace it, no questions asked.
- We must be notified within 14-days for a replacement.
- A change in the Buyer’s campaign criteria during the course of any current running campaign may change the cost per signed Claimant under the new criteria for the current and future campaigns.
- Signed Claimant will not be replaced if there is a change in the current campaign criteria invalidating any signed Claimant as a compensable case.
If the Buyer cannot contact signed Claimant after 5 attempts by phone, email or text message, you must inform Supplier within 2 business days of last attempt. Supplier will then attempt to contact signed Claimant and if successful either do a call transfer or arrange for a best time to call. Supplier will also inform the signed Claimant that they can initiate the call directly. If Supplier is unsuccessful in contacting the signed Claimant, the signed Claimant will be replaced.
There are no partial or full refunds provided by the Supplier. The Supplier will make every effort to fulfill Buyer’s campaign. Supplier will not refund any Buyer’s paid campaign fees if Supplier cannot fulfill Buyer’s campaign due to any acts of Nature, God (including lightning, floods, earthquakes, fire, or high winds), pandemics, man-made crisis, natural or man-made disaster, war, market conditions or any other force majeure that would directly or indirectly affect Supplier’s ability to complete Buyer’s campaign. Should the Supplier agree, solely at Supplier’s discretion, to any refund to Buyer, the maximum amount of refund would be any fees paid by Buyer on any remaining portion of the campaign minus cost of Supplier’s media buys spend to date.
No Assignment Amendments
BUYER may not transfer or assign any of its rights under this Agreement or any Insertion Order. This Agreement and an Insertion Order may be modified only by a written amendment signed by both parties.
Marketing Services Only
Supplier is an advertiser providing marketing services to Buyer. Supplier is not a “lawyer referral service” or a “for-profit lawyer referral service.”
No Representation or Guarantee of Results
Supplier’s sole duty and obligation shall be to run the Campaign as described in this Agreement and the Insertion Orders. The Supplier does not represent or guarantee any level of response or that any interested persons shall hire Buyer.
Supplier Does Not Provide Legal Advice
Supplier is not a law firm, nor is it staffed by lawyers. The Supplier does not and will not provide any legal advice. If any applicant should request legal advice, Supplier shall state that the interested person should consult with a licensed attorney for answers to legal questions.
All information collected or in the possession of Supplier shall be kept by Supplier in strict confidence.
Flat Campaign Fee—Not Based on any Contingency
Supplier’s Campaign Fee is a flat all-inclusive fee and is not contingent upon the perceived or actual value of any potential recoveries; whether there is any recovery in any potential claim; or any other factors.
Buyer acknowledges that Supplier is not exclusively engaged by Buyer and that Supplier accepts engagements from numerous other parties.
Compliance with Rules of Professional Conduct
If Buyer is a lawyer or Claimant/Signed Claimant Purchaser, then Buyer and the Campaign may be subject to compliance with all State, local, and other applicable rules of ethics and codes of professional conduct (collectively, “Rules of Professional Conduct). Supplier does not make any representations or warranties that its services or the Campaign is compliant with any Rules of Professional Conduct. The Buyer is solely responsible for ensuring that the Campaign, all advertising in the Campaign, and the services provided by Supplier do not violate any Rules of Professional Conduct. On written request of Buyer, Supplier will provide Buyer with actual copy or exemplars of pre-insertion copy of advertising to be used in the Campaign so that Buyer may determine if such Campaign complies with the Rules of Professional Conduct to which Buyer is subject.
When the need arises, we work with partner vendors who are fully vetted and must comply with all our in-house compliance processes. They are monitored daily for compliance.
Seller indemnifies Buyer from any lawsuit related to fake lead and lead fraud resulting from signed Claimant Seller provided under this agreement.
Not a prospective contact/Lawyer Matching Service
Supplier undertakes to publish advertising as directed by Buyer. Supplier does not undertake to “match” any prospective contact with any particular Buyer. Supplier’s goal is to provide Buyer with the responses resulting from the Campaign.
Supplier will not make any recommendations that Buyer is the “right” lawyer for anyone who responds to the Campaign, or that Buyer is qualified to handle any particular matter.
Limitation of Liability
ZeroRisk Cases® and all of its affiliates and subcontractors, where applicable, will not be held liable for any Claimant fraud or fake Claimants resulting from our client acquisition/Claimant generation campaign for the Buyer. Each Claimant is subject to thorough compliance screening before the complainant is signed on behalf of the Buyer. We execute full immunity and are indemnified from any lawsuit or prosecution relating to, but not limited to, Claimant fraud and fake Claimants that may result in a lawsuit against the Buyer and will not be responsible for any monetary or any other damages resulting from any lawsuit filed against the Buyer. ZeroRisk Cases® will provide compliance screening evidence for any defense required if a lawsuit is filed.
IN NO EVENT SHALL SUPPLIER BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SUPPLIER BE LIABLE TO BUYER FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID BY BUYER TO SUPPLIER UNDER THIS AGREEMENT FOR THE MOST RECENT 30-DAY PERIOD PRIOR TO ANY ALLEGED CLAIM BY BUYER. SUPPLIER EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING SUPPLIER’S SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTY REGARDING (A) THE NUMBER OF PERSONS WHO WILL ACCESS THE ADVERTISEMENT; (B) ANY BENEFIT BUYER MIGHT OBTAIN FROM ANY ADVERTISING; AND (C) THE SPEED, ACCESSIBILITY, OPERATION OR FUNCTIONALITY OF ANY A DVERTISING TO BE DISPLAYED.
Except for payment obligations, neither party shall be deemed in default of this Agreement or any Insertion Order, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott. In the event a force majeure event described in this section extends for a period in excess of ninety (90) days in the aggregate, either party may immediately terminate this Agreement and any Insertion Order.
If any action is brought at law, in equity or arbitration, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement and any Insertion Order, the prevailing party shall be entitled to reasonable attorneys’ fees, for all arbitration, pretrial, trial or appellate levels, which may be set by the court or the arbitrator in the same action or in a separate action brought for that purpose, including costs and fees for investigation and collection of any amount awarded in such action, in addition to any other relief to which the party may be entitled.
This Agreement and all Insertion Orders are to be construed under the laws of the Commonwealth of Pennsylvania without taking into account its conflicts of law rules. Any action arising out of this Agreement or any Insertion Order or the relationship of the parties established herein shall be brought only in a court of competent jurisdiction located in Lehigh County, Pennsylvania and the parties hereby consent and submit themselves to the exclusive jurisdiction of such Courts for such purpose.
RIGHTS TO USE OUR WEBSITE
You may view, download, print, or transmit the text, pictures, graphs, charts, and other content (collectively, the “Content”) on our Website for noncommercial, personal purposes only. As between you and ZeroRisk Cases, Inc., ZeroRisk Cases, Inc. is and will remain the exclusive owner of all content on our Website. All Content must retain all copyright and other proprietary notices associated therewith, and neither any Content nor any copy or copies thereof may be modified in any way without the express prior written permission of ZeroRisk Cases, Inc.
You acknowledge and agree that you are solely responsible for the content and consequences of any Content you post on or to our Website. You agree not to post or transmit any unlawful, libelous, defamatory, abusive, threatening, racially offensive, obscene, pornographic, or profane Content or any Content that constitutes or encourages criminal conduct or that by its posting would infringe any intellectual property or proprietary right, or any other right, of any third party. You agree not to impersonate any other person or entity (including a ZeroRisk Cases, Inc. employee) while on our Website.
You agree that as between you and ZeroRisk Cases, Inc., all Content posted by you on our Website shall become the property of ZeroRisk Cases, Inc. upon such posting. ZeroRisk Cases, Inc. reserves the right to modify or remove the content in part or in whole at its sole discretion and without notice to you. All rights not expressly granted herein are reserved.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZeroRisk Cases, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT IS TRUE OR CORRECT, THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, OR THAT THIS SITE OR SERVER ARE WITHOUT COMPONENTS WHICH MAY BE HARMFUL TO YOUR COMPUTER OR DESKTOP SOFTWARE. FURTHER, ZeroRisk Cases, Inc. ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR FAILURE TO STORE ANY CONTENT OR PERSONALIZED SETTINGS.
DISCLAIMER OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZeroRisk Cases, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH YOUR USE OF OUR WEBSITE.
CHOICE OF LAW
IN ORDER TO ENSURE THAT THESE TERMS WILL BE GOVERNED BY UNIFORM LEGAL PRINCIPLES. THE LAWS OF THE STATE OF PENNSYLVANIA (WITHOUT REGARD TO SUCH STATE’S CONFLICTS OF LAW PRINCIPLES) SHALL GOVERN ANY DISPUTES ARISING FROM YOUR USE OF THIS SITE. YOU FURTHER AGREE THAT ANY DISPUTE ARISING IN CONNECTION WITH YOUR USE OF THIS SITE SHALL BE LITIGATED IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF PENNSYLVANIA. YOU STIPULATE AND AGREE THAT YOU HAVE SUFFICIENT CONTACTS WITH SUCH COURTS TO BE SUBJECT TO THEIR PERSONAL JURISDICTION.
INTELLECTUAL PROPERTY AGENT FOR NOTICE
ZeroRisk Cases, Inc. reserves the right to disable or terminate the accounts of and block access to users who may be infringing the intellectual property and other proprietary rights of others at its discretion. Should you believe that your intellectual property or proprietary rights have been infringed by the posting of Content on our Website, or if you are an authorized representative of a person whose rights may have been infringed, please provide a written communication to ZeroRisk Cases, Inc. The contact information is given below. The notification must include:
(i) Your physical or electronic signature.
(ii) An identification of the work claimed to have been infringed, or, if multiple works on our Website are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit ZeroRisk Cases, Inc. to locate the material.
(iv) Information reasonably sufficient to permit ZeroRisk Cases, Inc. to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you or the owner on whose behalf you are submitting the notification.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of a right that has been infringed.
For claims of infringement, we can be reached by email at email@example.com or write to us at:
ZeroRisk Cases, Inc.
47 N. Jefferson Street
Allentown, PA 18102