Terms and Conditions
I ("Customer") hereby authorize that I am an attorney licensed to practice law and/or I am an authorized agent of a lawyer or law firm authorized to practice law. By using this software as a service (SaaS) workflow from Settlement Intelligence, Inc. ("Settlement Intelligence"), I agree to the following terms and conditions:
CONFIDENTIALITY: I understand that the information input regarding my client's claims during the use of this workflow, including but not limited to protected health information (PHI), will be used for the purposes of generating a draft demand letter and for no other purposes. My client's confidential information will be kept secure and HIPAA regulations will be followed by all agents, staff, and independent contractors of Settlement Intelligence. I understand that Settlement Intelligence will uphold the confidentiality of all information used to complete these workflows.
USE RESTRICTIONS: Customer will not permit any Customer employee, agent, User or third party to: a) derive the source code (or underlying ideas, algorithms, structure, format or organization) of the Settlement Intelligence program and its output; b) provide, lease or lend the Settlement Intelligence program to any third party except as expressly authorized hereunder; c) remove any proprietary notices or labels displayed on the Settlement Intelligence program or documentation; d) create a derivative work of any part of the Settlement Intelligence program or the proprietary demand letter templates that it generates e) create internet "links" to or from the Settlement Intelligence program, or "frame" or "mirror" any of Settlement Intelligence's content which forms part of the Settlement Intelligence proprietary solution f) use the Settlement Intelligence program to develop an offering or product directly or indirectly competing with offering or product from Settlement Intelligence; g) violate any applicable local, state, national or international law, rule or regulation; h) upload, post, email, or otherwise transmit or post links to any material used on or in connection with the Settlement Intelligence program that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy, impair or limit the functionality of, or interfere with the performance of any computer software or hardware or telecommunications equipment used to provide the Settlement Intelligence program; or j) use the Settlement Intelligence program for any reason other than the purposes described in this Agreement and any corresponding Order Form (s) and/or Statement(s) of Work, as applicable.
ATTORNEY WORK PRODUCT PRIVILEGE: I understand that I am employing the Settlement Intelligence software as a service to generate a draft demand letter for my client's claim and that attorney work product privilege extends to all communications and work product exchanged between my firm and Settlement Intelligence, and that no agent of Settlement Intelligence will testify on any legal case.
MONETARY DEMAND: I understand that Settlement Intelligence is neither practicing law, nor medicine. No work product of Settlement Intelligence should be construed as being a legal or medical opinion or advice. I understand that Settlement Intelligence provides a proprietarily formatted demand letter outlining the information I submit during the workflow, for my use in creating my final demand letter. I understand that it is my responsibility to complete the demand letter and make the appropriate monetary demand. I understand that Settlement Intelligence will not provide me with a suggested monetary demand, nor will it tell me the monetary value of any claim, as claim value varies depending upon a large number of factors, including but not limited to: the lawyer’s skills and reputation, the jurisdiction, the constitution of a specific jury, and other widely variable factors. I further understand that all assessments and recommendations made by Settlement Intelligence are based upon its agents’ knowledge of insurance claims evaluation, and their review of my submitted information, and that such recommendations do not establish the standard of care for practicing law.
LIABILITY: I agree to hold Settlement Intelligence harmless from any legal assertions or claims made on behalf of any party. I further understand that I am fully responsible for the legal handling of my cases, and that Settlement Intelligence will be held harmless for any malpractice or any other type of claim or legal action arising from any claim made by the client against my law firm or myself. I understand that I am fully responsible for providing accurate medical records and billings, and hold Settlement Intelligence harmless as to the accuracy of the medical files that I provide. I understand that all work product generated by Settlement Intelligence is dependent upon accurate medical records and billings. If misleading, or fraudulent medical records or billings are submitted to Settlement Intelligence, I indemnify Settlement Intelligence from any and all legal consequences arising from the company’s involvement in any legal or insurance claim. I further hold Settlement Intelligence harmless should any medical condition or other factor be overlooked in the evaluation of any case submitted for demand letter. I agree that this contract indemnifies Settlement Intelligence from any action filed on behalf of my client(s), and will indemnify Settlement Intelligence from any damages that may arise from such legal action.
INTELLECTUAL PROPERTY: I understand that the demand format used by Settlement Intelligence is proprietary, and has been developed through substantial efforts and research into the field of claims assessment software. I understand that by copying or distributing the format used by Settlement Intelligence to any other party would result in damages to Settlement Intelligence. As a result, I agree not to copy, share, or use the generated format in any way outside of the cases in which I employ Settlement Intelligence software to draft. Trial Guides and Aaron DeShaw have copyright and trademark rights on the factors used for Duties Under Duress and Loss of Enjoyment of Life particularly. Settlement Intelligence has use of these factors through DeShaw’s co-ownership of the company, and express permission from Trial Guides. THE ECONOMIC ESPIONAGE ACT OF 1996 (EEA), 18 U.S.C. § 1832(A)(1)-(2) PROHIBITS INTELLECTUAL PROPERTY THEFT OR THE “CARRYING AWAY” OF THIS INFORMATION FROM USE OF SETTLEMENT INTELLIGENCE PLATFORM TO GAIN SUCH INFORMATION FOR A NON-PERMITTED OR UNLICENSED USE OUTSIDE THE PLATFORM. 18 U.S.C. § 1832(B) IMPOSES JAIL TIME AND FINES OF UP TO $5,000,000 FOR PARTIES EITHER STEALING DATA OR OBTAINING IT FROM A PERSON WHO STEALS THE DATA.
DEFAULT: In the event of a default under this agreement, Settlement Intelligence shall be entitled to injunctive relief in addition to any other available remedies, including damages, without the necessity of posting a bond. In any litigation concerning this agreement, the prevailing party shall be entitled to recover all reasonable expenses of litigation, including reasonable attorney fees at trial and on any appeal.