Terms & Conditions
1. Introduction
Welcome to Benefits Advocate Corp. (“Advocate,” “we,” “our,” or “us”). By accessing or using our website, services, or products (collectively, the “Services”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). Please read these Terms carefully. If you do not agree with these Terms, you must not use our Services.
2. Agreement to Our Legal Terms
These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Benefits Advocate Corp. concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
3. Changes to the Terms
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we will provide you with prior notice of any scheduled changes to the Services you are using. The modified Terms will become effective upon posting or notifying you. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
4. Representation and Authorization
By signing a contract with us, you authorize Benefits Advocate Corp. to represent you in all matters related to your disability benefits application. This includes, but is not limited to:
• Representing you before federal agencies.
• Accessing your medical records from various providers, including telehealth services, doctors’ offices, hospitals, and pharmacies.
• Receiving 25% of your backpay from the Social Security Administration (SSA) if your disability claim is approved.
• Submitting your benefits application and any related documentation to the SSA on your behalf.
5. Fee Arrangement
Our fee is 25% of any backpay awarded to you as a result of our successful representation in your disability claim, up to a maximum amount set by the SSA. This fee is contingent on the approval of your claim and will be deducted from your awarded backpay.
6. Use of Information
We collect, use, and disclose information as detailed in our Privacy Policy. This may include collecting information directly from you, from your healthcare providers, or from other third-party sources. The information is used to assist in the preparation and submission of your benefits application, to communicate with you, and for other purposes as outlined in our Privacy Policy.
7. Telehealth Services
As part of our Services, we may coordinate telehealth consultations with healthcare providers. You consent to the use of telemedicine in your care, including the transmission of medical records, live audio and video, and other related information as necessary to support your disability claim.
8. Purchases and Payment
All fees for our Services will be deducted from any awarded backpay, as outlined in your contract. We reserve the right to refuse any order or service. Payment details and other financial information provided must be current, complete, and accurate. Sales tax and other applicable fees will be added as required.
9. Refunds Policy
All sales are final, and no refund will be issued for services rendered.
10. Intellectual Property Rights
We own or have the license to all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”). You are granted a limited, non-exclusive, non-transferable, revocable license to access the Services and use the Content for your personal, non-commercial use or internal business purpose only.
11. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activities include but are not limited to:
• Systematically retrieving data from the Services to create a collection, database, or directory.
• Misleading or defrauding us or other users.
• Circumventing security features of the Services.
• Using the Services for any illegal or unauthorized purpose.
12. User Representations
By using the Services, you represent and warrant that:
• All registration information you submit is true, accurate, current, and complete.
• You will maintain the accuracy of such information and update it as necessary.
• You have the legal capacity and agree to comply with these Terms.
• You are not a minor in your jurisdiction.
• Your use of the Services will not violate any applicable law or regulation.
13. User Data and Communications
We will maintain certain data that you transmit to the Services for managing the performance of the Services. By visiting the Services, sending us emails, and completing online forms, you consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
14. Term and Termination
These Terms remain in full force and effect while you use the Services. We reserve the right to terminate or suspend your account at any time, without notice, for any reason, including breach of these Terms. If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name or a fake name.
15. Governing Law and Dispute Resolution
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York. Any disputes arising under these Terms will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, with the arbitration taking place in Westchester, New York.
16. Disclaimer
The Services are provided on an “as-is” and “as available” basis. We disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
17. Limitation of Liability
In no event will we or our directors, employees, or agents be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or other damages arising from your use of the Services.
18. Indemnification
You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand made by any third party due to or arising out of your use of the Services, breach of these Terms, or your violation of the rights of a third party.
19. Miscellaneous
These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
20. Contact Us
If you have any questions about these Terms, please contact us at:
Benefits Advocate Corp.
3811 Ditmars Blvd #2242
Astoria, NY 11105
Phone: (888) 383-7091
Email: hello@ouradvocates.com
Last updated: August 8, 2024