Terms & Conditions

Legal Language

This Agreement is by and between DLP Services, LLC hereinafter referred to as "DLP," and the party consuming services, hereinafter referred to as "CONTRACTING PARTY." DLP will assign an individual who is a VA accredited party and you agree to have that party appointed as your Power of Attorney and representative at VA, as is required by federal law. The accredited representative will be wholly responsible for accessing your VA information and submitting documents or information to VA on your behalf. DLP is not a law firm and this Agreement does not create an attorney-client relationship.

Simply Put...

This is an agreement between you and us. We are a business that is providing a service. You will be assigned and represented by a VA accredited party. This Agreement does not create an attorney-client relationship.

Legal Language

This Agreement forms the entire agreement between the parties about the services to be provided hereunder.

This Agreement supersedes all prior agreements, proposals, representations, statements or understandings, whether written or oral, about such services or the rights and obligations relating to those services.

This Agreement expressly incorporates the terms of the parties. This Agreement will not be contradicted, explained or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions not expressly set forth in this Agreement or an attachment.

Simply Put...

This is the entire Agreement for use of our Services. It replaces any previous Agreements.

BENEFIT INFORMATION

Legal Language

Information related to the request or receipt of Government Benefits as defined by “Governmental Requirements.”

 

Simply Put...

Benefit Information is Information related to your VA benefits.

CONFIDENTIAL INFORMATION

Legal Language

All Information and any idea in whatever form, tangible or intangible, whether disclosed to or learned by Receiving Party, pertaining in any manner to the business of Disclosing Party to Disclosing Party's affiliates, subsidiaries, contractors or business associates, unless:

  • The information is or becomes publicly known through lawful means;
  • The information was rightfully in Receiving Party's possession or part of Receiving Party's general knowledge before exploring the possibility of a business transaction of mutual interest;
  • The information is disclosed to Receiving Party without confidential or proprietary restriction by a third party who rightfully possesses the information without confidential or proprietary restrictions; or
  • The Receiving Party can prove that the information was developed independently by the Receiving Party without reference to the Confidential Information.
“Confidential Information” includes, without limitation: schematics, ideas, techniques, employee suggestions, development tools and processes, computer printouts, computer programs, design drawings, manuals, and improvements, formulations, manufacturing processes, information about costs, profits, description of information, including electronic data recorded or retrieved by any means;

 

Simply Put...

Confidential Information is Information learned about someone else that the public doesn’t normally have access to see or discuss.

COVERED SERVICES

Legal Language

Any service provided by DLP to CONTRACTING PARTY based on this executed Agreement.

 

Simply Put...

Covered Services are the Services we provide to you.

FINANCIAL ENTRY

Legal Language

An electronic credit or debit transactional entry or other valid financial transaction including ACH, card, wire transfer, Swift, payment order and draft.

 

Simply Put...

Financial Entry is a credit card or direct deposit transaction.

FINANCIAL INFORMATION

Legal Language

Private Information related to and necessary to affect a Financial Transaction.

 

Simply Put...

Financial Information is the Information we need to conduct a financial transaction.

GOVERNMENTAL REQUIREMENTS

Legal Language

All applicable treaties, statutes, codes, ordinances, laws, regulations, rules, orders and decrees of applicable governmental authorities (including, without limitation, all international, federal, state, tribal, and local governments, governmental agencies, Federal Reserve Board, Veteran’s Administration, Consumer Financial Protection Bureau, FFIEC, FDIC, OCC, IRS, OFAC, FinCEN, Operating Circulars, NACHA, and quasi-governmental agencies).

 

Simply Put...

Governmental Requirements are what any branch or agency of the government requires you or us to do.

HEALTH INFORMATION

Legal Language

Information and records related to health care requested or received that is designated and covered as Health Information under “Governmental Requirements.”

 

Simply Put...

Health Information is Information is your health or mental health records.

INFORMATION

Legal Language

Any Private or Public Information.

 

Simply Put...

Information is every piece of data.

PERSONALLY IDENTIFIABLE INFORMATION (PII)

Legal Language

Personally Identifiable Information is Information which is able to be used to identify an individual, such as name, address, social security number, or date of birth. While name is not in itself considered Private or Confidential Information, in combination with other Information, it is. Personally Identifiable Information is Private and Confidential and can be easily used for Identify Theft and should be protected.

 

Simply Put...

Personally Identifiable Information is information that can be used to identify you.

PRIVATE INFORMATION

Legal Language

Information obtained or furnished that is not available to the public. Health and Benefit Information is considered Private Information, except when PII is removed.

 

Simply Put...

Private Information is Information like your Health or Benefit Information.

PUBLIC INFORMATION

Legal Language

Information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based or other data available to the public.

 

Simply Put...

Public Information is Information anyone can get about a person, such as court records.

SYSTEM

Legal Language

An electronic or paper process whereby Information may be stored or transmitted.

 

Simply Put...

System is our software.

Legal Language

  • DLP will provide their best effort to provide COVERED SERVICES;
  • DLP will comply with all GOVERNMENTAL REQUIREMENTS;
  • DLP will provide a gateway to third-party partners and upon receiving Information from them, will review it;
  • DLP will attempt to contact CONTRACTING PARTY to discuss the Information found and offer services related to applying or appealing for government benefits;

Simply Put...

This is a list of things we agree to do or not do.

Legal Language

  • CONTRACTING PARTY authorizes DLP to act on CONTRACTING PARTY’S behalf and gives DLP authorization to act as CONTRACTING PARTY’s accredited representative for the sole purpose of obtaining and reviewing Information;
  • CONTRACTING PARTY will follow all GOVERNMENTAL REQUIREMENTS;
  • CONTRACTING PARTY is solely responsible for verifying the accuracy and completeness of all Information submitted to DLP;
  • CONTRACTING PARTY will follow all DLP security protocols and security advisories in effect during the term of this Agreement;
  • CONTRACTING PARTY will immediately notify DLP of any data CONTRACTING PARTY believes to have been fraudulently or erroneously transmitted to CONTRACTOR;
  • CONTRACTING PARTY will provide any additional documentation that DLP deems necessary to conduct the COVERED SERVICES;

Simply Put...

This is a list of what you agree to do or not do.

Legal Language

This Agreement creates a Service Provider/Contracting Party relationship between the parties and neither party's employees or contractors will be considered employees, contractors, partners or agents of the other party. This Agreement does not create an attorney-client relationship.

Simply Put...

We are your service provider, not your employee or contractor. This Agreement does not create an attorney-client relationship.

Legal Language

VA Services – DLP will get Information that you have authorized us to get from third-party partners, including the federal government. We will review the Information about the CONTRACTING PARTY in order to discuss accredited representation and application for services, benefits, or appeal denials for benefits from the US Government.

Simply Put...

We will connect to government resources, such as the VA, to obtain your benefit, health, and medical records so we can review them and discuss a strategy to maximize your government benefits. You are authorizing us to do that.

Legal Language

The term of this Agreement will be perpetual or until all COVERED SERVICES are terminated. Either party may terminate this Agreement, if 14 days' notice is given, and if doing so does not breach any other provision of this Agreement, including payment for services. CONTRACTING PARTY will pay DLP in full before termination of this Agreement under this provision. In the event payment in full is not received, this Agreement will remain in full force and effect.

Simply Put...

This contract doesn’t end until you or we terminate it. The contract is not terminated until you pay us for all the services you have provisioned.

Legal Language

DLP will not charge CONTRACTING PARTY to obtain, review, or discuss Information unless and until CONTRACTING PARTY executes a separate agreement for representation.

Simply Put...

We will not charge you to review your claims file or medical records, but will charge you if you sign a separate agreement for representation.

Legal Language

CONTRACTING PARTY agrees and warrants it will pay DLP at the rates set forth in this Agreement and any subsequent Agreements for Services performed on behalf of the CONTRACTING PARTY.

CONTRACTING PARTY will not delay DLP from beginning or completing work as specified in this Agreement.

CONTRACTING PARTY will pay DLP for its and Users' use of the Services at the rates and charges specified, without deduction, set off or delay for any reason. Charges set forth are exclusive of any applicable taxes.

CONTRACTING PARTY will pay all shipping charges, taxes (excluding those on DLP'S net income) and other similar charges (and any related interest and penalties) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent a valid tax exemption certificate is provided by CONTRACTING PARTY to DLP before the delivery of the Services, and all reasonable costs associated with providing the Services.

CONTRACTING PARTY may be required at any time to pay a deposit if DLP determines that CONTRACTING PARTY is not creditworthy, or as per the service as a standard retainer, or if risks and liability increase as determined by DLP.

Payment is due within three (3) days of receiving an invoice and will refer to the invoice number on payment. Restrictive endorsements or other statements on checks accepted by DLP will not apply.

CONTRACTING PARTY will either approve the charges, or dispute any charges in writing within three (3) days. CONTRACTING PARTY agrees that not disputing charges will constitute an approval of all the charges. CONTRACTING PARTY is solely responsible for timely payment, and if DLP notifies it is unable to deduct payment, CONTRACTING PARTY will promptly pay DLP via another means.

CONTRACTING PARTY will reimburse DLP for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. At DLP'S option, CONTRACTING PARTY will pay a $100.00 late fee, plus interest charges on any past due amounts, calculated and compounded daily, at the lower of 18% per year or the maximum rate allowed by law. Should CONTRACTING PARTY become past due for greater than 15 days, DLP reserves the right to demand payment in full, payable immediately, and reserves the right to terminate the Services under this Agreement.

CONTRACTING PARTY will pay DLP a fee not less than $25.00 or the maximum amount allowable by law for any payment returned, unpaid, for any reason.

CONTRACTING PARTY authorizes DLP to initiate, or request payment via, financial transactions related to Fees, Costs, and Expenses for the performance of services. CONTRACTING PARTY hereby agrees they are relinquishing their right to return or dispute any financial transaction. Should an amount be transacted in error, CONTRACTING PARTY shall immediately notify DLP, and DLP shall take the appropriate action. CONTRACTING PARTY understands certain fees and all costs and expenses are non-refundable, as specified in this and subsequent agreements, unless an error is made, which shall be remedied by DLP.

Simply Put...

If you elect to hire us to represent you in your claims and appeals with VA, you will pay us, and not delay or prevent the payment, or attempt to offset it.

You will owe us money and we will charge you for the Services you choose. We will charge you based on the rates we agreed to charge and you agreed to pay.

If taxes are required to be paid, you will pay them as part of your bill. If you send something to us or us to you, you are responsible for the related costs.

We may require a deposit or pre-payment for our Services.

We will charge you after sending you your upcoming bill, unless you notify us that you disagree with the charges within three days. If you don’t notify us, after three days, you have agreed to the charges.

You are solely responsible for our legal fees if you don’t pay us and we have to collect them from you. If a payment is returned, we will add a fee onto your bill.

Some fees and all costs and expenses are non-refundable.

You are waiving your right to chargeback any transaction.

If an error is identified, you must notify DLP, and DLP will refund any amount erroneously transacted.

SOVEREIGN IMMUNITY

Legal Language

If CONTRACTING PARTY can claim sovereign immunity, it consents to a waiver of its sovereign immunity from suit for the limited purposes set forth as follows: Any disputes between the parties requiring resolution by arbitration or the courts:

Any such jurisdiction will be limited to only causes of action arising under this Agreement and only between the parties; and

  • The waiver will expire at the longer of three (3) years after the termination or expiration of this Agreement, or the conclusion of any proceeding pending one (1) year after termination or expiration of the Agreement.

 

Simply Put...

If you can claim Sovereign Immunity, you consent to waive such immunity for causes of action related to this contract, and shall only be waived for a maximum of three years.

Legal Language

Neither Party will be liable for any delay, failure in performance, loss or damage due to: fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond such party's reasonable control, whether or not similar to the foregoing, except that CONTRACTING PARTY's obligation to pay for charges incurred for Covered Services will not be excused.

Simply Put...

No one is liable for Acts of God or the Government that we can’t reasonably control, but you still have to pay for Services you ordered.

Legal Language

Any supplement, modification or waiver of any provision of this Agreement must be presented and agreed to by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement.

Simply Put...

If this agreement is changed, we will display it for you to review and acknowledge your agreement with. If you do not agree, we will not provide Services. If we waive a breach of contract for a portion of the agreement, it doesn’t waive any other breaches.

Legal Language

This Agreement may not be assigned by CONTRACTING PARTY. This Agreement may be assigned by DLP without the prior written consent of CONTRACTING PARTY, provided CONTRACTING PARTY is notified upon assignment. If DLPassigns Agreement, CONTRACTOR will restrict the assignment to ensure the new entity's policies are consistent with the previous company's policies.

Simply Put...

You can’t assign this agreement to some one else, we can. If we do, we have to notify you.

Legal Language

If any part of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in effect and the parties will promptly begin negotiations to replace invalid or unenforceable portions that are essential parts of this Agreement.

Simply Put...

If a portion of this Agreement is unenforceable, it can be removed, but the remainder of the Agreement shall stay in force.

Legal Language

All legal notices under this Agreement will be in writing and either mailed by certified or registered mail, postage prepaid, return receipt requested, sent by express courier, United States Postal Service, or hand delivered and addressed to each party at the address a party designates in writing, or if not provided, an address filed in public records. DLP may send electronic mail notices to CONTRACTING PARTY for routine notifications made to all parties using their Services, such as amendments to this Agreement.

Simply Put...

Any legal notices must be mailed to the other party. We may email you routine notices that we send to all of our customers, such as contract modifications.

Legal Language

State law issues about construction, interpretation and performance of this Agreement will be governed by the substantive law of The State of Texas, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods will not apply.

Simply Put...

State law applies to this agreement. International law does not apply.

Legal Language

The respective obligations of both parties, which by their nature would continue beyond the termination or expiration of this Agreement or any Attachment, including, without limitation, the obligations about confidentiality, publicity and marks, limitations of liability and dispute resolution, will survive termination or expiration.

Simply Put...

The requirements under this contract shall continue beyond the termination, such as the handling of Confidential Information.

USE OF DATA

Legal Language

By agreeing to the Terms & Conditions, CONTRACTING PARTY agrees DLP may monetize data provided by the CONTRACTING PARTY or retrieved from a third-party on behalf of CONTRACTING PARTY, if the data is anonymized before sharing the data.

 

Simply Put...

We can sell anonymous data, but not your Personal Information.

ACCESS TO INFORMATION

Legal Language

CONTRACTING PARTY authorizes DLP, including staff and contractors, to access all of their information, or obtain new information or evidence, including claims records, service records, medical and mental health records, and to communication with the VA, BVA, and CAVC on CONTRACTING PARTY’s behalf.

 

Simply Put...

You authorize the DLP to access all of your claims, health, mental health and other information and to communicate with VA on your behalf.

NON-DISCLOSURE

Legal Language

The PARTY receiving Confidential Information and any employee, director, officer, accountant, professional advisor (e.g. attorneys, consultants), subsidiary or affiliate of it (“the Receiving Party”) will maintain all Confidential Information in a manner such that no third party would have reasonable access to the information.

RECEIVING PARTY will disclose Confidential Information only to employees or third parties who have a need to know and who have signed agreements that bind them to treat Confidential Information in a manner as required under this Agreement.

RECEIVING PARTY will not use any Confidential Information for any purpose except to evaluate possible future business transactions, or in the performance of this Agreement.

RECEIVING PARTY will take all reasonable measures to protect the confidentiality and avoid unauthorized use, disclosure, publication, or dissemination of Confidential Information; provided, however, that such measures will be no less stringent than measures taken to protect its own Confidential and Proprietary information.

RECEIVING PARTY will not be responsible for any breach of this Agreement should any third party to whom the Receiving Party has in good faith provided Confidential Information to in performance of this Agreement, disclose said Confidential Information, or any part thereof.

 

Simply Put...

We will consider your Personal Information private and not give it to anyone who shouldn’t have it, and won’t let them give it to anyone else. If you receive any Confidential Information about our business, you won’t disclose it to anyone. If we work with a company we will require them to treat your Personal Information as Confidential Information, and if they don’t, we are not responsible for their actions, they are.

NOTIFICATION OF CONFIDENTIAL INFORMATION DISCLOSURE

Legal Language

In the event that Receiving Party is requested or becomes legally compelled to disclose any Confidential Information of the other party, it is agreed that such party will provide the other with prompt written notice of such request(s) to enable the Disclosing Party to seek a protective order to protect and preserve the confidential nature of the Confidential Information.

In such event, each party agrees that it will furnish only that part of the Confidential Information which is legally required and will exercise reasonable efforts to obtain reliable assurance that confidential treatment will be afforded to that part of the Confidential Information and other Information which is being disclosed.

Each party will immediately notify the other upon discovery of any loss or unauthorized disclosure of the Confidential Information of the other party.

 

Simply Put...

If law enforcement contacts us to obtain Information about you, we will notify you prior to disclosing Information so that if you want to, you can try to stop them from getting it. If law enforcement contacts you to obtain information about us, you must promptly notify us and not disclose the information, so that we can go to court to stop it if we choose. We will both only disclose what we are legally required to disclose. We must immediately notify each other if either of us discloses information.

OBLIGATIONS REGARDING DATA

Legal Language

Each PARTY is solely responsible for the security of data residing on a System owned or operated by each party, or a third party designated by either party. Each PARTY will follow all applicable Governmental Requirements governing the security, collection, retention, and use of Information by either party;

Except as authorized by a CONTRACTING PARTY, DLP agrees not to use, disclose, sell or disseminate any consumer's Personally Identifiable Information (“PII”), bank or credit card information obtained in connection with this Agreement (including the names, addresses and bank or credit card account numbers of consumers) except for purposes of performing Services, or pursuant to a court or governmental agency request, subpoena or order;

Each PARTY will use proper controls for and limit access to, and render unreadable before discarding, all records containing PII, social security numbers and bank or credit account numbers;

Each PARTY will follow all legal obligations and security measures, applicable and current at the time, including but without limitation those issued by industry associations and the Federal Trade Commission, associated with the collection, security, dissemination and destruction of Data and transaction data. CONTRACTING PARTY warrants that it has taken such precautions as are necessary to ensure that CONTRACTING PARTY's Systems are reasonably secure from breach or intrusion by unauthorized third parties;

BOTH PARTIES acknowledge that they have, or may have in the future, sensitive consumer Information, including but not limited to, Personally Identifiable Information (“PII”) that may be governed by the U.S. Federal Gramm-Leach-Bliley Act, 15 U.S.C. Section 6801 et seq. (“GLBA”);

BOTH PARTIES agree to use said Information in compliance with all Governmental Requirements, including but not limited to any applicable provisions of the GLBA and the Fair Credit Reporting Act (“FCRA”);

In the event that either PARTY's system is breached and an unauthorized third party has access to or has accessed data, or that the PARTY learned it could be compromised, PARTY will verbally notify OPPOSING PARTY of such breach or potential compromise immediately, followed with written notification within twenty-four (24) hours, and will take such reasonable precautions as may be necessary to prevent such breaches from occurring in the future. DLP may delay notification if the DLP believes the benefit of delay outweighs the benefit of disclosure, or if law enforcement requests it.

 

Simply Put...

We will both have access to Private and Personally Identifiable Information. We both must follow all applicable laws. We will not use your Personally Identifiable Information for any purpose that you have not authorized. We will use industry standard measures to protect your Private and Personally Identifiable Information.

SECURITY REQUIREMENTS

Legal Language

DLP requires all electronic transmissions to DLP'S SYSTEM follow industry standard security standards, which at minimum will be 256 bit, triple DES encryption;

CONTRACTING PARTY will take commercially reasonable security precautions to prevent unauthorized or fraudulent use of the Covered Services or System by CONTRACTING PARTY, its employees, agents and Users;

DLP may assign to CONTRACTING PARTY one or more identification numbers and passwords for CONTRACTING PARTY's use in obtaining the Covered Services;

CONTRACTING PARTY'S Users who are issued credentials for accessing the Platform may not write down or share the credentials issued by DLP;

DLP will not assume any responsibility to discover any possible breach of CONTRACTING PARTY's security;

CONTRACTING PARTY will immediately notify DLP if it discovers any breach or potential compromise of security of the System, Covered Services and/or CONTRACTING PARTY'S access;

CONTRACTING PARTY will follow the security procedure requirements on access of the DLP'S System;

CONTRACTING PARTY acknowledges that the purpose of such security procedure is for verification of authenticity and not to detect errors in the transmission or contents thereof;

No security procedure for the detection of errors has been agreed upon between DLP and the CONTRACTING PARTY;

CONTRACTING PARTY is strictly responsible to establish and maintain procedures to safeguard against unauthorized transactions; CONTRACTING PARTY is responsible to establish and maintain procedures to safeguard against unauthorized transactions; CONTRACTING PARTY warrants that no individual will start entries in the absence of proper supervision and safeguards, and agrees to take reasonable steps to maintain the confidentiality of the security procedures and any passwords, codes, security devices, or related instructions provided by DLP in connection with the Covered Services;

If CONTRACTING PARTY believes or suspects that any data or System has been compromised, or has the potential of being compromised, or that the procedures, passwords, codes, or security devices have been discovered, accessed, or otherwise compromised by unauthorized persons, CONTRACTING PARTY agrees to immediately notify DLP by phone, and within twenty-four (24) hours provide written confirmation of information related to the compromise. The occurrence of such compromise will not affect any Services made by CONTRACTING PARTY in good faith before such notification and within a reasonable time period to prevent unauthorized Services from being further transmitted.

 

Simply Put...

All data transmitted between you and us, and us and our Partners (such as the Veterans Administration) must be encrypted. We must take reasonable security precautions to prevent unauthorized access or fraudulent use of our Systems. You must use a username and password to access our Services, and must not share your username and password with others. Other people can have their own username and password that can be used to access our Systems if you allow it. Don’t ever give anyone your username and password. We have no responsibility to discover an authorized user. You must notify us immediately if you believe someone has stolen your username and password, or you believe someone can access our System without permission. You must follow our security requirements to access our Systems. The purpose of security is to ensure users are authenticated and data is secure, not to identify errors in data, and we have not agreed on a process to identify errors.

Legal Language

Nothing in this Agreement is intended to grant any rights to either party under any patent, copyright, trade secret of other intellectual property right nor will this Agreement grant either party any rights in or to the other party's Confidential Information, except the limited right to review such Confidential Information solely for the purposes of determining whether to enter into the proposed business transaction between parties.

Simply Put...

We own this System and all ideas behind it, not you. You own your Personal Information, not us. You have no right to what we own, and we have no right to what you own, except as what we both agree to share with each other, but no more.

Legal Language

DLP is not an insurer. CONTRACTING PARTY acknowledges that the work DLP provides entails the risk of human and machine errors, omissions, delays and losses, including inadvertent loss or misstatement of assets or data which may give rise to loss or damage. Accordingly, CONTRACTING PARTY agrees that:

  • DLP will not be liable for any errors, omissions, delays or losses unless caused by DLP’s willful misconduct; and
  • In no event will DLP be liable for direct, indirect, special or consequential damages; and
  • In no event will the total aggregate liability of contractor to contracting party for any and all claims, losses or damages arising under this Agreement, or Services performed under any Agreement, exceed the total amount paid by CONTRACTING PARTY to DLP for any order of any covered service(s), even if DLP has been advised of the possibility of such potential claim, loss or damage.
The foregoing limitation of liability and exclusion of certain damages will apply regardless of the success or effectiveness of other remedies. Notwithstanding anything to the contrary contained herein, DLP will not be responsible for delays in receipt of CONTRACTING PARTY Information, processing of CONTRACTING PARTY Information because of circumstances beyond its reasonable control, including, without limitation, equipment malfunction, limitations on the availability of telephone or other transmission facilities, failures of communications equipment, or CONTRACTING PARTY'S failure to properly format and send Information.

CONTRACTING PARTY also agrees that DLP will not be responsible for errors in data entry or other Services, programs, hardware, data files, or output provided to, or maintained for CONTRACTING PARTY resulting from errors in CONTRACTING PARTY'S input, data or from CONTRACTING PARTY'S failure to follow the terms and conditions of this Agreement.

Simply Put...

We aren’t liable for errors, omissions, or delays. We aren’t liable for direct, indirect, special, or consequential damages. You can only make recover for any money you actually paid us and not more than that.

Legal Language

CONTRACTING PARTY will defend and indemnify DLP and hold them harmless from and against any and all liability, loss, damages, costs or expenses, including court costs and reasonable attorneys' fees arising out of CONTRACTING PARTY's:

  • Breach of this Agreement;
  • Failure to follow Governmental Requirements;
  • Fraudulent, wrongful or negligent act or omission or any of its employees, agents, independent contractors of CONTRACTING PARTY;
  • Unauthorized transmission of data from CONTRACTING PARTY;
  • Unauthorized entry of Information into the DLP System;
  • Use of the any DLP Services; or
  • Any inquiry, service, process, or filing by any law enforcement, regulatory, or administrative agency, whether local, state, or federal, including but not limited to a civil investigative demand, subpoena, or other request for information or documents relating to or about CONTRACTING PARTY, or relating to or about the production of information related to the CONTRACTING PARTY.
This indemnification provision will survive the expiration or earlier termination of this Agreement.

Simply Put...

If we are sued by someone else because of your actions, you will be responsible for our attorney’s fees and all other costs if you do one of the listed things.

Legal Language

Any signatures affixed to this Agreement and any Attachments hereto via electronic means are binding as per 15 U.S.C 96 and applicable state laws.

The parties agree that the electronic signature of a party to this Agreement will be as valid as an original signature of such party and will be effective to bind such party to this Agreement. The parties agree that any electronically signed document (including this Agreement) will be deemed(i) to be “written” or “in writing,”(ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form.

Neither party will contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manual acceptance of a documents terms by a party that is then transmitted by electronic means; “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet; and, “electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.

Simply Put...

Electronic signatures, such as checking a box that you “agree” and then clicking a button, is the same as you physically signing a document. It holds the same weight legally.