IMPORTANT: ALL USERS MUST READ THESE TERMS
Acceptance of Terms and Conditions. Please carefully read Medical Settlement Specialists’ Terms of Use and Privacy Policy (collectively, the “Terms of Use”) before accessing or using the Site or using the Services of Medical Settlement Specialists. By accessing, using the Services of Medical Settlement Specialists from, or using www.medicalsettlementspecialists.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by using the Services of Medical Settlement Specialists.
BY USING THE SITE OR THE SERVICES, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE SITE OR THE SERVICES. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE OR THE SERVICES AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS SITE OR SERVICES.
GENERAL
The Site. Medical Settlement Specialists provides comprehensive future medical care analysis for use during settlement negotiations and case planning (the “Services”). These Terms of Use govern the use of this Site by you and any Services purchased by you. By using this Site (other than to read these Terms of Use for the first time) or by creating an account to use the Services, you agree to comply with these Terms of Use. The right to use this Site is personal to you and your law firm and is not transferable to any other person or entity. You agree that you are responsible for protecting the confidentiality of your password if you create an account. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, the Health Insurance Portability and Accountability Act, state laws regarding medical data, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.
Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Medical Settlement Specialists, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site and/or the Services. The Site may be viewed by anyone 13 and older, but only those 18 and older may purchase Services through the Site. Services may be purchased by you if you are a licensed attorney provided that you have permission of your client to use Medical Settlement Specialists’ services from your client.
Your Account. In order to use the Services offered through this Site, you must establish an account with Medical Settlement Specialists. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all Services requested through the use of the Site that occur under your account. You acknowledge and agree that Medical Settlement Specialists may access, preserve, and disclose your account information, all User Communications (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if Medical Settlement Specialists is required to do so by law or legal process or if Medical Settlement Specialists determines, in its sole discretion, that such action is necessary to protect the rights of Medical Settlement Specialists, third parties, and other users of the Site or for purposes of responding to your request for customer service. Medical Settlement Specialists’ right to disclose any such information shall govern over any terms of our Privacy Policy.
Changes to the Terms of Use. Medical Settlement Specialists reserves the right to make any modification to these Terms of Use as Medical Settlement Specialists deems necessary or desirable without prior notification to you. Medical Settlement Specialists suggests, therefore, that you re-read our Terms of Use from time to time in order that you stay informed as to any such changes. If Medical Settlement Specialists makes changes to our Terms of Use and you continue to use the Site, including, but not limited to, logging into your account and/or using the Services of Medical Settlement Specialists, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon Medical Settlement Specialists’ posting thereof.
Privacy Policy. Medical Settlement Specialists cares about your privacy. Medical Settlement Specialists’ Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Medical Settlement Specialists and that communications with Medical Settlement Specialists can never be guaranteed to be one hundred percent secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, Medical Settlement Specialists employs reasonable measures to protection your information from unauthorized use or disclosure. While Medical Settlement Specialists makes these reasonable precautions against loss or theft of data, neither Medical Settlement Specialists nor its associates shall be responsible for any data lost or stolen while transmitting information on the Internet. While it is Medical Settlement Specialists’ objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.
SERVICES
Minimum Age. All individuals who request Services must be at least 18 years of age or older, a licensed attorney, and have permission from their client/clients to request the services of Medical Settlement Specialists. Attorneys may request the Services for someone under the age of 18 provided that the attorney represents the person.
Services Descriptions. In describing and portraying the Services on the Site, Medical Settlement Specialists attempts to be as accurate as possible.
Prices. Prices for Services may change so please review the current prices before you order Services. Services will be billed based off the published price at the time of the order.
All Orders Are Final. Medical Settlement Specialists tries to begin all orders within 5 business days of receiving your client’s medical and legal information. Therefore, all orders are final except for delays caused by Medical Settlement Specialists. Delays may occur when insufficient information is given by you to Medical Settlement Specialists regarding your client’s medical status. Medical Settlement Specialists will notify you if there is a delay which will cause your order to not be processed for more than 15 business days from the date the order was placed. If the delay is caused by Medical Settlement Specialists, you will be given the option to cancel your order. If the delay is caused due to missing information from you, Medical Settlement Specialists will process your order as soon as the missing information is received. All orders are final.
Taxes. At this time, Medical Settlement Specialists does not collect taxes. Please check with your taxing jurisdiction as to whether or not the Services of Medical Settlement Specialists are taxable in your jurisdiction.
Payment. Payment for all Services is due upon receipt of the medical care analysis documents. Payment must be made by check.
Disclaimer about Services
Medical Care Analysis. Medical Settlement Specialists personnel are trained medical professionals who have knowledge about medical billing practices and procedures. Medical Settlement Specialists use the medical and legal information provided by you to determine an approximate monetary amount for future medical costs to be used by you during settlement negotiations. Medical Settlement Specialists base all cost projections on the information provided by you; therefore, it is necessary to provide all medical history about your client, including any past or current medical issues. The analysis is based on reliable data sources such as, but not limited to, the Workers’ Compensation Fee Schedule in your state, claim medical records, CPT coding and billing resources, direct contact with facilities, claim payment logs, insurance databases, Medicare and other fee schedules/analyzers, internet research, and information from the American Medical Billing Association. Where applicable, the previous charges for medical care were reviewed and considered as part of the future cost analysis. However, previous and current medical fees are not a prediction of future medical costs but only used to estimate these costs based on the information known at the time.
Disclaimer Regarding Analysis. Medical Settlement Specialists’ analysis is based on current average charges for your state’s area medical practices and facilities and may vary by practice and facility. It is not possible to calculate the actual charge for a future medical procedure with precision and therefore this analysis is based on information available at the time it is done. The amount billed can fluctuate significantly case by case due to, but not limited to, variations in coding and billing procedures, co-morbidity, complexity of case, fee schedules, negotiated service contracts, location of facility, and patient population categories. In addition, surgical and other procedures involve multiple procedure codes each with separate charges determined by the surgeon, pathology, laboratory, anesthesiology, radiology, materials, facility fee, medications, and approach alternatives. The extent of coding required is not typically identified until the procedure is performed. All prices are estimates and assume no complications unless specified. Unless otherwise stated, all analysis assumes that the patient, other than the injury for which the analysis is done, is in good health and that the medical procedure will not have any complications due to outside factors which include, but are not limited to, the patient’s age, health, exposure to viruses, drug/alcohol/tobacco use, diabetic status, sex, pre-existing conditions, experience of the medical team used for the medical procedure, or other complications that can arise from the medical procedure.
Future Costs. Although it is anticipated that medications may need to be adjusted over time, any medications are priced generic as currently dispensed at an undiscounted cash price unless otherwise indicated. Surgery charges include the global surgical period, surgeon fees, applicable assistant fees, anesthesia, facility charges, and post-operative rehabilitation and supplies unless otherwise noted. Therapy fees are estimated unless treatment modalities are specified separately. A formal Medical Set Aside would require review of the medical record and may warrant additional items for inclusion or exclusion. Apportionment is not considered in this cost analysis. The estimates are expressed in today’s dollars. It is anticipated that the cost of medical care will continue to rise. Further, as medical science is continually advancing, depending on when the medical procedure is done, there may be alternative medical procedures which are better for the patient but incur additional costs that are unforeseeable at this time.
HIPAA Compliance. As most information sent to Medical Settlement Specialists is covered under HIPAA, Medical Settlement Specialists requires that all information be uploaded through the Site or sent through secure email. All information sent to you will be sent via secured email transmission if it involves any protected health information.
Intellectual Property
Change in the Site, its Contents, and its Features. Medical Settlement Specialists reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or services offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities, such as discounts on services, to some or all users of the Site. Medical Settlement Specialists may discontinue disseminating any portion of information or category of information, including the Services offered through the Sire. You agree that Medical Settlement Specialists shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, Medical Settlement Specialists may request additional information at any time by you to update or enhance the Site and/or to order Services through the Site.
Communications. This Site and all content contained within are private property. All interactions on this Site must comply with these Terms of Use. By submitting material to the Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site or a Third-Party Site (i.e. posting area or Facebook) or by private transmission (i.e. email and/or physical letter to Medical Settlement Specialists), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Medical Settlement Specialists a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate such content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that Medical Settlement Specialists may use any User Communication for any purpose in Medical Settlement Specialists’ sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Medical Settlement Specialists shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication. User Communication specifically excludes any information sent to Medical Settlement Specialists to do an analysis of your client’s case.
Your Responsibility. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold Medical Settlement Specialists responsible or liable for any User Communication from another user that you access on the Site. Moreover, Medical Settlement Specialists reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback. You understand that when using the Site, you may be exposed to User Communications from a variety of sources and that Medical Settlement Specialists is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.
Copyright and Trademarks. The Site is owned and controlled by Medical Settlement Specialists and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Medical Settlement Specialists. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE PAGES IN THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF MEDICAL SETTLEMENT SPECIALISTS IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any Content without permission from Medical Settlement Specialists unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. Medical Settlement Specialists also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload or republish the Site’s Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. Medical Settlement Specialists does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Medical Settlement Specialists and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located on the Site shall not be deemed to be in the public domain but rather the exclusive property of Medical Settlement Specialists, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Medical Settlement Specialists, unless otherwise stated.
Copyright and Trademark Complaints. Medical Settlement Specialists respects the intellectual property rights of others. Medical Settlement Specialists is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and Medical Settlement Specialists requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or place on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When Medical Settlement Specialists receives proper Notification of Alleged Copyright Infringement, Medical Settlement Specialists promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon the rights of another person or entity and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please contact info@Medicalsettlementspecialists.com/ to report infringement of your copyright. Medical Settlement Specialists may, at its sole discretion, terminate users who are deemed by Medical Settlement Specialists to be have committed copyright infringement, whether or not there is any repeat infringement.
Links to the Site; Third-Party Links on the Site; Third-Party Content on the Site. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by Medical Settlement Specialists (“Third-Party Sites”) as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or products belonging to or originating from third parties (the “Third-Party Content”). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and Medical Settlement Specialists cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by Medical Settlement Specialists. Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Medical Settlement Specialists. Medical Settlement Specialists is not responsible for any Third-Party Sites accessed through the Site or any content posted by any users on this Site or any Third-Party Sites regarding Medical Settlement Specialists. If you decide to leave the Site and access the Third-Party Sites, you do so at your own risk and you should be aware that Medical Settlement Specialists’ Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from this Site.
Warranties/Disclaimers
Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER MEDICAL SETTLEMENT SPECIALISTS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE SERVICES PURCHASED THROUGH THIS SITE EXCEPT AS EXPLICITLY STATED HEREIN. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MEDICAL SETTLEMENT SPECIALISTS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL MEDICAL SETTLEMENT SPECIALISTS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, MEDICAL SETTLEMENT SPECIALISTS, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. MEDICAL SETTLEMENT SPECIALISTS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE IN MEDICAL SETTLEMENT SPECIALISTS’ SOLE OPINION CAN AND MAY BE TAKEN DOWN BY MEDICAL SETTLEMENT SPECIALISTS. MOREOVER, MEDICAL SETTLEMENT SPECIALISTS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT MEDICAL SETTLEMENT SPECIALISTS DEEMS UNSUITABLE.
Limitation on Damages. If any part of these disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if Medical Settlement Specialists is otherwise found to be liable to you in any manner, then Medical Settlement Specialists’ aggregate liability for all claims under such circumstances for liabilities shall be the lesser of fifty United States dollars or the total amount of dollars paid to Medical Settlement Specialists for Services purchased in the six months prior to the date the dispute arose. You agree to defend, indemnify, and hold harmless Medical Settlement Specialists, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; (3) a violation by you of applicable law, (4) any agreement or terms with a third party to which you are subject, and/or (5) the misuse of a service purchased from the Site by you or a third party.
Termination
Either you or Medical Settlement Specialists may terminate these Terms of Use at any time. You may terminate these Terms of Use by ceasing all use of the Site, including not purchasing any further Services through the Site or through Medical Settlement Specialists directly. Medical Settlement Specialists may terminate these Terms of Use by ceasing to offer the Site to you, Services to you, and/or the general public or by sending notification that you can’t use the Site. If you have requested any Services from Medical Settlement Specialists prior to termination, you will still be required to remit payment for such services.
Miscellaneous
Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.
Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing services from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Medical Settlement Specialists. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
Indemnity. You agree to indemnify and hold Medical Settlement Specialists, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any use of the Site or the purchase and/or use of the services sold through the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.
Electronic Communications. You consent to receive electronic communications from Medical Settlement Specialists either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
Privacy Policy
Medical Settlement Specialists, LLC (“Medical Settlement Specialists”) has established this privacy policy to explain to you how your information is protected, collected, and used on its website, www.MedicalSettlementSpecialists.com (the “Site”). Medical Settlement Specialists may update this policy at any time. Medical Settlement Specialists will provide notice of materially significant changes to this privacy policy by posting notice on the Site.
Protecting Your Privacy
Medical Settlement Specialists makes all attempts to protect your private information. Medical Settlement Specialists will not share your or your clients’ personal information with any third parties without your consent unless otherwise specified in this Policy.
Medical Settlement Specialists, or people who post on the Site, may provide links to third-party websites, which may have different privacy practices. Medical Settlement Specialists is not responsible for, and does not have any control over, the privacy policies of those third-party websites, and encourages all users to read the privacy policies of each website visited.
Use of Website by Minors
Medical Settlement Specialists does not knowingly collect any information from persons under 13 years of age. Medical Settlement Specialist may collect information about persons under 13 years of age if it is submitted to Medical Settlement Specialist by you about one of your clients.
Data Medical Settlement Specialists Collects
Medical Settlement Specialists may collect your personal information and/or information about your business and employees, if you submit it to Medical Settlement Specialists.
If you request the Services of Medical Settlement Specialists, Medical Settlement Specialists will collect information provided by you about you, your law firm, and your clients.
Medical Settlement Specialists sometimes collects your email address, for purposes such as sending email newsletters, and authenticating your account. By submitting your email to Medical Settlement Specialists, you consent to emails from Medical Settlement Specialists.
Medical Settlement Specialists sometimes collects your phone number for the purpose of calling you about services provided by Medical Settlement Specialists. By submitting your phone number to Medical Settlement Specialists, you consent to phone calls from Medical Settlement Specialists, even if such number is registered through a state or federal “Do Not Call” list.
Medical Settlement Specialists collects personal information, including health information, from you about your clients if you request the services of Medical Settlement Specialists. This information is considered attorney-client privileged and will only be released if required by law or if you or your client take any type of legal actions against Medical Settlement Specialists, in which case such information may be used in such legal action.
Medical Settlement Specialists may collect personal information if you provide such information in feedback or comments or if you contact Medical Settlement Specialists directly. Any information posted on the site is not confidential. Please do not post anything on Medical Settlement Specialists that you would like to keep private.
The Site’s weblogs collect standard weblog entries for each page served, including your IP address, page URL, and timestamp. Weblogs help Medical Settlement Specialists diagnose problems with our server, to administer the Site, and to otherwise provide service to you. In addition, Medical Settlement Specialists may collect other information from your interaction with our Website, services, content, and advertising, including computer and connection information, statistics on page views, traffic to and from the Website, ad data, IP address, demographic and navigational data, and standard weblog information. This information may be obtained for Medical Settlement Specialists from a third-party provider including, but not limited to, through the use of Google Analytics. Medical Settlement Specialists may use this information for marketing, commercial, or any other purpose as Medical Settlement Specialists sees fit.
Data Medical Settlement Specialists Stores
All information posted to this Site may be stored in the Site’s database, even after “deletion”, and may be archived elsewhere.
The Site’s weblogs and other records are stored indefinitely. This may include any information you supply to Medical Settlement Specialists, your service request history, and your browsing history. However, Medical Settlement Specialists cannot guarantee access to these records by third parties for more than three business days after the original information was submitted.
Although Medical Settlement Specialists makes good faith efforts to store the information in a secure operating environment that is not available to the public, Medical Settlement Specialists cannot guarantee complete security.
Medical Settlement Specialists may store information in an off-site location, which may or may not be located in the United States and may not be bound by the laws of the United States.
Archiving and display of the Site’s webpages by search engines and other sites
Search engines and other sites not affiliated with Medical Settlement Specialists archive or otherwise make available Medical Settlement Specialists’ individual webpages. Medical Settlement Specialists has no control over third party archiving and search engine sites and cannot guarantee the accuracy of any information stored by search engine sites.
Circumstances in which Medical Settlement Specialists may release information
Medical Settlement Specialists may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
Medical Settlement Specialists may disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of Medical Settlement Specialists, its users, or the general public.
Medical Settlement Specialists may disclose your information to third parties for use by Medical Settlement Specialists. This may include disclosure to email marketing providers to provide targeted marketing for our users. If you do not wish to receive email marketing from Medical Settlement Specialists, you will have the option to unsubscribe from the service.
Medical Settlement Specialists may disclose your information to other business entities, should Medical Settlement Specialists plan to merge with or be acquired by that business entity.
Geotracking
Medical Settlement Specialists does not do any geotracking at this time through the Medical Settlement Specialists system; however, certain third party providers, such as Google Analytics, may request this information if your device allows it.
International Users
Medical Settlement Specialists welcomes international users to use the Site. International Site users consent to this privacy agreement. International users waive any and all remedies that they may have based on the laws of their country.
Cookies and Similar Technologies
Medical Settlement Specialists may use various technologies to collect and store information when you visit the Site including cookies or similar technologies to identify your browser or device. By using the Site, you consent to the use of such technologies.