Please read these Terms of Service (“Terms”) carefully before using the resources, platforms, services, or seeking affiliation provided by Advocates, Counselors & Representatives for the Disabled (“ACRD”, “we”, or “the Company”).

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IMPORTANT NOTICE

PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS OF LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

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1.  Use of Resources

Your use of ACRD’s website, customer relationship management software, agent portal, tools, data, materials, referrals, or any compensation or benefits provided in connection with your affiliation with ACRD (collectively,  the “Resources”) is conditioned on your acknowledgement of and agreement to these Terms.

These Terms apply to all individuals or entities who provide services, advocacy, counseling, representation, or related support through their affiliation with ACRD or through the use of the Resources.

By using the Resources, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must immediately notify ACRD and discontinue your relationship with the Company.

All Resources are provided “as is.” ACRD makes no warranties, express or implied, regarding the accuracy, completeness or performance of any Resource.

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2.  Outbound Communications and Compliance with Law

In connection with your activities related to ACRD, including use of the Resources or ACRD’s name or trademarks, you agree that you will not:

 

1. sell, transfer, or distribute any leads, referrals, or contact information obtained through ACRD unless expressly authorized in writing;

2. use, or engage others to use on your behalf, any automatic telephone dialing system, autodialer, prerecorded message, artificial voice calls, spam text, or telemarketing service;

3. purchase or use leads or contact lists generated through prohibited automated or unlawful means;

4. contact any individual without appropriate consent or, where consent does not exist, without first screening against the federal Do-Not-Call (“DNC”) Registry and applicable state DNC list;

5. contact any individual who has requested to opt out of communications;

6. use the Resources in any manner that violates applicable federal, state, or local law, including without limitation the Telephone Consumer Protection Act (“TCPA”), Telemarketing Sales Rule (“TSR”), CAN-SPAM Act, the Health Insurance Portability and Accountability Act (“HIPAA”), the California Consumer Privacy Act (“CCPA”), where applicable.

7. Communication with Affiliates and Representatives: You authorize ACRD to contact you regarding matters related to your affiliation, services, compliance obligations, or use of the Resources. Communications may occur via phone, email, text, voicemail, or other methods. You may opt out of non-essential communications by notifying ACRD of your preferences.

8. Independent Contractors: Nothing in these Terms shall be construed to create a partnership, joint venture, employment relationship, or agency relationship between ACRD and any non-employee contractor or affiliate.

9. Trademarks: The name “Advocates, Counselors & Representatives for the Disabled”, “ACRD”, and all related names, logos, designs, and slogans are trademarks of ACRD or its licensors. You may not use these marks without prior written permission. All other names, logos, and marks are the property of their respective owners.

10. Indemnification: You agree to defend, indemnify, and hold harmless ACRD, its affiliates, licensors, service providers, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses or fees (including reasonable attorneys’ fees) arising out of your violation of these Terms, misuse of the Resources, or violation of applicable law.

11. Limitation on Liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACRD (OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RESOURCES, REGARDLESS OF LEGAL THEORY, AND EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE RESOURCES, SHALL AT ALL TIMES BE LIMITED TO THE GREATER OF $1,000 OR THE AMOUNTS PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE RESOURCES.

12. Agreement to Arbitrate: Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Resources shall be settled by binding arbitration. You and ACRD are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. The agreement to arbitrate shall survive any termination of these Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, in Salt Lake City, Utah. The arbitrator will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable.

13. Waiver and Severability: The failure of ACRD to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.