DIB only LLC
Terms and Conditions of Service
Last Updated: May 1, 2022
Please read these Terms and Conditions of Service and our Privacy Policy (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of DIB only LLC services, as described further below.
These terms of use (“Terms”) are a binding contract between you (referred to herein as “you”) and DIB only LLC (“we,” “us” or “our”), these Terms, together with our Privacy Policy, govern your use of our Services, and any other Services provided to you..
Introduction. We are in the business of providing assisting our clients with their Social Security disability benefits. In consideration for agreeing to provide the Services to you, you agree to be bound by the following terms and conditions (Terms and Conditions of Service).
When you agree to our Services you represent that you have carefully read our Terms and Conditions and Privacy Policy and have the capacity and proper authorization to agree to be bound by the Terms and Conditions and the Privacy Policy and we are entitled to rely upon that representation for the purposes of providing you with the Services. In lieu of this electronic “Terms and Conditions”, you have a right to request a paper copy of these “Terms and Conditions”.
Term and Termination. These Terms commence on the date you accept these Terms and Privacy Policy and continue until validly terminated under these Terms (Term.) You will treat our staff respectfully at all times. We may terminate these Terms at any time at our sole discretion upon 1 business day notice.
Mutual Confidentiality. A party (“Receiving Party”) must
a) keep confidential all information disclosed (whether orally or in writing or in any other form) by the other party “Disclosing Party”) which is identified as being confidential or which such party knows or ought to know is confidential, or any other information of a confidential nature brought to the attention of a party (“Confidential Information”);
b) take all reasonable steps to secure and keep secure all Confidential information coming into its possession or control and only use the Confidential information for the purposes of performing, and to the extent necessary to perform, its obligations under these Terms.
The restrictions in this clause do not apply to the extent that the Confidential information:
a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party;
b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party;
c) is received from a third party without breach of any obligation owed to the Disclosing Party;
d) was independently developed by the Receiving Party.
Except as otherwise permitted in writing by the Disclosing Party:
a) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind and will not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms; and
b) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with these Terms.
Our staff are trained to follow the confidentiality measures described in these Terms and must sign a Non-Disclosure Agreement requiring them to keep all Client Information confidential prior to starting to work.
For our attorney clients, we understand and respect your obligations regarding attorney-client confidentiality, including under Rule 5.3 of the Model Rules of Professional Conduct, and uphold a commitment to confidentiality. Our staff’s conduct is compatible with your professional obligations.
Warranty and Services. We agree to provide you with the Services using reasonable care, diligence. We agree to make available the Services to you on a best endeavor basis. You acknowledge that from time to time there may be delays in providing said assistance.
Limitation of Liability. We are not liable to you for any loss caused by any failure to observe these Terms and Conditions, where such failure is occasioned by causes beyond its reasonable control including Force Majeure Events. We do not assume any risk, in the interaction between us and our clients.
Relationship of the Parties. The Parties acknowledge and agree that the Services performed by us, our employees, agents, or subcontractors shall be as an independent contractor and that nothing in these Terms shall be deemed to constitute a partnership, joint venture, or otherwise between the parties.
Notice. Any notice which may be given by a Party under these Terms shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in these Terms or any other address notified in writing to the other Party.
Indemnity. You agree to indemnify and keep indemnified us against any third party claim against us for any loss, damage or liability that arises in connection with providing you the Services in accordance with these Terms and Conditions.
Amendments. Any and all changes to these Terms must be in writing and signed by all Members.
Severability. If any provisions of these Terms shall be declared by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law. All questions with respect to the construction of these Terms and the rights and liabilities of the parties hereto shall be governed by the laws of the State of Nevada.
Definitions. In these Terms, the following words shall have the following meanings: a) “Terms” means these Terms and Conditions; b) “Clients” means existing and potential clients who visit your site; c) “Client Information” means information we collect for the Clients in connection with the Services; d) “Force Majeure Event” means acts, events, omissions or accidents beyond the reasonable control of a party, including without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, internet service provider failures or delays, act of God, war, riot, civil commotion, pandemic, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of a plant or machinery, fire, flood, storm, typhoon, tsunami, earthquakes, or default of suppliers or subcontractors.
Entire Terms. These Terms and the acceptance of pricing and other requested services contains the entire understanding among the Parties. Any prior written or oral agreements between them respecting the subject matter contained herein are null and void. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the Parties, relating to the subject matter of these Terms that are not fully expressed herein.