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Terms and Conditions of Use

 

By using our service, you (herein referred to as “You” or “Your”) agree to these Terms and Conditions of Use (“Terms of Use”), which govern Your use of this service. If You do not agree to these Terms of Use, you may not use the services provided by Discovery NP Legal Consultants, LLC, an Idaho limited liability company (herein referred to as “Company” or “Us” or “We”).

Personally identifiable information is subject to our Privacy Policy (located here: https://nplegalconsultants.com/privacy-policy), the terms of which are incorporated herein. As used in these Terms of Use, “Company’s services”, or “the services” means the personalized services provided by Company to You.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES WITH COMPANY.

By accepting Company’s services, You expressly affirm that You are 18 or more years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

 

1.               Services and Use

1.1.          Company’s Services. Subject to these Terms and any separate agreement You and Company enter into, Company may provide to You certain agreed to services including those of a nurse practitioner legal consultant. Any services rendered to You by Company herein are subject to Your compliance with these Terms of Use.

1.2         Use Restrictions. You shall not, and will not permit any third party to: (i) copy, distribute, or disclose any part of the materials provided to you relating to Company’s services (“Materials”) in any medium, including, without limitation, by any automated or non-automated “scraping”; (ii) use any automated system, including, without limitation, robots, spiders, etc., to access the Materials or Company’s services in a manner; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code for any Materials; (iv) modify, or create derivative works based on, the Materials or Company’s services; (v) rent, lease, distribute, sell, resell, assign, or otherwise transfer any rights to use Materials or Company’s services, or any portion thereof; (vi) remove any proprietary notices from Company’s services; (vii) submit to or through Company’s services any content that infringes the intellectual property rights of any third party or is otherwise unlawful, or that contains malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code; (viii) bypass any measures Company may use to prevent or restrict access to the Materials, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of Company’s services; or (ix) except to the extent permitted under applicable law, access or use Company’s services for the purpose of developing a competing product or service, building a product or service using similar functions, features, or graphics, or conducting benchmarking tests or competitive analysis.

1.3         Unilateral Termination. Company retains the right to terminate Your account, and any related service to You under Company’s services, if You are found in violation of these Terms of Use or any other Company policy as may be applicable to You from time to time. Company may, under its sole discretion, delete, pause, or otherwise terminate Your access to the Materials and Company’s services for any reason and with or without notice.

1.4               Required Third Party Services. YOU MAY BE ASKED TO ENTER INTO CONTRACTS WITH THOSE THIRD-PARTY SITES OR THEIR OWNERS OR OPERATORS BY VIRTUE OF YOUR CLICKING ON A LINK ON THIS SITE AND BEING TRANSPORTED TO THE EXTERNAL THIRD-PARTY SITE(S). YOU UNDERSTAND AND ACCEPT THE RISK OF PERHAPS BEING REQUIRED TO ENTER INTO SUCH THIRD-PARTY CONTRACTS AS A CONDITION OF YOUR RECEIVING THE SERVICES PROVIDED BY COMPANY’S PLATFORM AND THE LINKED THIRD-PARTY SITES AND THAT COMPANY IS NOT RESPONSIBLE FOR YOUR ACTIONS OR INACTIONS IN CONNECTION WITH ANY THIRD-PARTY SITE.

 

2.               Billing and Cancellation

2.1         Payment Methods. To use Company’s service, You must provide one or more payment methods. You authorize us to charge any payment method associated with Your account in case Your primary payment method is declined or no longer available for payment of Your fees. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and You do not cancel Your account, Company may suspend Your access to the services until Company has successfully charged a valid payment method. For some payment methods, the issuer may charge You certain fees, such as foreign transaction fees or other fees relating to the processing of Your payment method. Check with Your payment method service provider for details. Please keep Your payment methods up-to-date.

2.2         Cancellation. You can cancel Company’s services pursuant to any cancellation terms You and Company expressly agree to in a separate agreement from these Terms of Use.

2.3         Payments Nonrefundable. Unless otherwise agreed to, payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, You will continue to have access to the service through the end of Your current billing period or as otherwise agreed to between you and Company.

 

3.               Use of Services

3.1.          Proprietary Information. All Materials, content, and Company’s services is the copyrighted material of Company, or the appropriate contributor, as applicable, and is protected by United States and international copyright, trademark, and other applicable laws. Company’s services may include content, appearances, and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of Company, or other third parties, as applicable. Except as set forth in any relevant license agreements, nothing contained in Company’s services grants any license or other right to any of Company’s intellectual property or any third parties’ intellectual property. You may not copy, modify, distribute, alter, display, reproduce, transfer, or republish any of the data of Company’s website and/or services without obtaining the prior written permission of the Company, as applicable.

3.3         Prohibited Uses. You agree to use Company’s services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Unless otherwise agreed to between You and Company, You agree not to archive, download, reproduce, distribute, modify, display, copy, aggregate, publish, license, or offer for sale content and information contained on or obtained from or through Company’s services. You also agree not to circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in Company’s services or website; use any robot, spider, scraper or other automated means to access Company’s services or website; insert any code or product or manipulate the content of Company’s services or website in any way; or use any data mining, data gathering or extraction method. In addition, You agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Company’s services, including any software viruses or any other computer code, files or programs. Company may terminate or restrict Your use of Company’s services if You violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

3.4         Subcontractor Assignment. In accordance with the mission and integrity of the Company’s approach to medical consulting for the legal profession by advanced practice registered nurses, each case will be managed by a subcontracted advanced practice registered nurse acting in the capacity of a team lead. Company policy dictates that analysis and opinions provided in the written work product are of advanced practice registered nurses, equivalent, or higher clinicians. The Company shall not knowingly place any consultant in a position where, in the reasonable opinion of the Firm, there is or may be an actual conflict, or a potential conflict, between the pecuniary or personal interests of the Company and the duties owed to You under the provisions of a separate Agreement between You and Company. Prior to initiating consulting services, each case shall be systematically evaluated for potential conflicts of interest by running the names of the parties involved, including counsel, through our database of the Company’s past or existing clientele and cases. The Company will disclose to You full particulars of any such conflict of interest which may arise. As an independently-contracted individual, the assigned team lead and other subcontractors shall be independently responsible for systematically evaluating for and communicating his or her own potential or perceived conflicts of interest to the Company and to You.

3.5          Selection. You may request a particular subcontractor (from among “core workforce”) to be the team lead on a case if desired. The subcontractor may decline to be the team lead on the case at his or her sole discretion. If You do not specify a preferred team lead, the Company may select a team lead at Company’s sole discretion, based on the relevant clinical experience and availability of the subcontractors. You may request an alternative team lead at any time and for any reason, though no change in team lead is guaranteed.

3.6         Collaboration. The Company’s default approach to handling cases is unrestrained behind-the-scenes multi-disciplinary and multi-specialty collaboration. By default, the Company’s subcontractors may, at their sole discretion, arrange live or asynchronous collaboration with any other individual (whether considered “core workforce” or not) subcontracted by the Company. All hours are billed at the Company’s standard hourly rates for providers or for data entry as applicable. All collaborating individuals will submit billing to the Company, and the Company will provide a detailed invoice of activities and hours, including of collaboration. Collaborative efforts may be undertaken on a particular case in order to produce a work product that meets a demanding deadline. You may specifically request that no collaboration efforts be taken on a given case, in which case a single data entry specialist and a single data entry specialist will be assigned.

3.7         Confidentiality. The Company takes privacy and confidentiality seriously. The Company and You agree that both entities may be recognized as business associates for covered entities under federal Health Insurance Portability and Accountability Act (“HIPAA:) regulations. Therefore, in keeping with such regulations, You and the Company shall enter into a Business Associate Agreement (“BAA”). The Company shall maintain HIPAA standards and training compliance for all core workforce (Team lead APRNs and employees) and shall also maintain on file a BAA with each of the independent consultants that are not considered “core workforce”.

3.8         DMCA Notice. If You are a holder (or agent thereof)of copyright or other proprietary rights and You believe that any services infringe upon such proprietary rights, You may submit a notice to Company pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (1) The signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (2) identification of the work or multiple works alleged to have been infringed; (3) identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit Company to locate the material; (4) contact information for Company to contact You, including an address, telephone number and/or email address; (5) Your statement that You have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (6) Your statement that the information in the notice to Company is accurate and, under penalty of perjury, that You are authorized to act on behalf of the allegedly infringed work. You acknowledge that Your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.

3.9         Protecting Personal Information. Never give out personal information or access to Your documents to others other than to Company in furtherance of Company’s services rendered to You. Protecting Your personal information and safeguarding Company links is Your responsibility.

3.10    Discounts and Coupons. Promotions and discounts offered by Company are not transferable at any time. There is no cash value and promotion, and discounts may not be combined or applied to any past due amounts owed by You to the Company.

3.11    Recordings. Video meetings may be recorded for quality and training purposes in a manner that upholds attorney-client and attorney-contractor privileges. You may decline this recording at any time on Your own behalf, or on behalf of Your client. Testimonial portions of video calls which do not contain any personal information belonging to any client of You may, on a case-by-case basis by explicit recorded verbal permission of You, be recorded for marketing and referral purposes.

3.12    Attendees. As the Company seeks to constantly expand our talent database and expertise, with Your case-by-case permission, from time to time, mentees (experienced advanced practice registered nurses new to nurse consulting for the legal profession) who have undergone required Company confidentiality training may be invited to be present and/or to participate during a case presentation for educational purposes. There may also be cases wherein a clinically-experienced APRN Team Lead who is relatively new to the consultant role may be accompanied by a mentor. A mentor or mentee’s presence on a call is not billed to You in addition to the time and value provided by the primary or team lead consultant.

 

4.               Disclaimers of Warranties and Limitations on Liability

4.1         COMPANY’S SERVICES AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH COMPANY’S SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL RESULT IN ANY SORT OF OUTCOMES YOU MAY OR MAY NOT DESIRE.

4.2         TOTHE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL COMPANY, ITS EMPLOYEES, MEMBERS, OFFICERS, OR ANY OF ITS AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

4.3         SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

4.4         IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT FROM WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY BUT WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.

4.5         YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS RESPECTIVE AFFILIATES, LICENSORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.

4.6         NOTHING IN THESE TERMS OF USE WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

4.7         Consultant Credential Disclaimer. The Company’s website reflects the up-to-date credentials of the individual subcontractors as they have been provided to the Company by the subcontractor in accordance with Company’s applicable policies, and the Company will update these as necessary. Such credentials are not required for the performance of behind-the-scenes, non-testifying work as consultants to the legal profession. Regardless of the license or certification held by the consultant, the services provided in the course of the fulfillment of this Agreement will be performed in the capacity of a consultant (by virtue of the subcontractor’s education and resulting knowledgebase and clinical judgment, and of the subcontractor’s individual clinical experience as an registered nurse and/or medical provider) and that such consultation services are not provided in the capacity of a provider of medical or nursing services. No opinion or recommendation provided in the course of this Agreement shall be construed to constitute medical or legal advice. These Terms of Use do not bind the consultant in any way in a patient-provider relationship, neither with You, nor with the applicable case’s plaintiff, nor with any other person. The facts presented are the result of a thorough review of the medical records provided. All analytical and evaluative statements or conclusions are understood to represent the opinion of the consultant. Neither the Company nor the subcontracted consultant offers any guarantee of the outcome of a particular case for which consulting services are provided. The outcome of a particular case has no impact on the validity of any invoices for consultation work completed. All opinions, advice, or views expressed are those of the subcontractor(s), and not of the Company.

 

5.               Dispute Resolution

 

5.1.      Arbitration. You and Company agree that any dispute, claim or controversy arising out of or relating in any way to Company’s services or these Terms of Use will be determined by binding arbitration. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive termination of this Agreement and the termination of Your account.

 

Procedure on Dispute. If You elect to seek arbitration, You must first send to Company, by certified mail, a written Notice of Your claim (“Notice”). The Notice to Company must be addressed to: Discovery NP Legal Consultants, LLC, 784 Clearwater Loop, Suite D, Post Falls, Idaho 83854 (“Notice Address”). If Company initiates arbitration, it will send a written Notice to the email address used for Your account. A Notice, whether sent by You or by Company, must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). If Company and You do not reach an agreement to resolve the claim within 60 days after the Notice is received, You or Company may commence an arbitration proceeding as required under these Terms of Use.

 

5.2.       Governing Rules. The arbitration will be governed by the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. Unless Company and You agree otherwise, any arbitration hearings will take place in Ada County in the state of Idaho, U.S.A. The arbitrator’s award will be final and binding on all parties, except: (1) For judicial review expressly permitted by law; or (2) If the arbitrator’s award includes an award of injunctive relief against a party, in which case that party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that will not be bound by the arbitrator’s application or conclusions of law. Arbitration will occur before one (1) arbitrator selected under the AAA rules. THIS PROVISION DOES NOT APPLY TO INJUNCIVE RELIEF SOUGHT BY COMPANY.

 

5.3.       YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with Your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.

 

6.               Miscellaneous

 

6.1.       Governing Law. These Terms of Use will be governed by and construed in accordance with the laws of the state of Idaho, U.S.A. under the Federal Arbitration Act without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that You may be entitled to under the mandatory laws of Your state of residence.

 

6.2.       Unsolicited Materials. Company does not accept, open, view, or otherwise interact with unsolicited materials or ideas for Company content and is not responsible for the similarity of any of its content to materials or ideas transmitted to Company. Should You send any unsolicited materials or ideas, You do so with the understanding that no additional consideration of any sort will be provided to You, and You are waiving any claim against Company and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea You sent.

 

6.3.       Termination. You agree that Company may, in our sole discretion, terminate or suspend Your access to all or any part of the services with or without notice and for any reason. Any suspected fraudulent, abusive, or illegal activity may constitute expedited grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities.

 

6.4.       Feedback. Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to Company, without further compensation, acknowledgement or payment to You for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving Our service. In addition, You agree not to enforce any “moral rights” in and to the feedback, to the extent permitted by applicable law.

 

6.5.       Survival. If any provision or provisions of these Terms of Use will be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will remain in full force and effect.

 

6.6.       Changes to Terms of Use. We may, from time to time, change these Terms of Use. Such revisions will be effective immediately; provided however, for existing client, such revisions shall, unless otherwise stated, be effective 30 days after posting.

 

6.7.       Communication Preference. Company will send You information relating to Your account (e.g., payment authorizations, invoices, payment method, confirmation messages, notices) in electronic form only, via email to Your email address provided during registration. You agree that any notices, agreements, disclosures, or other communications that Company send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

6.8.       Force Majeure Event. “Force Majeure Event” means any act or event that (a) prevents a Party (the “Nonperforming Party”) from performing its obligations or satisfying a condition to the other Party’s (the “Performing Party”) obligations under these Terms of Use, (b) is beyond the reasonable control of and not the fault of the Nonperforming Party, and (c) the Nonperforming Party has not, through commercially reasonable efforts, been able to avoid or overcome. “Force Majeure Event” does not include economic hardship, changes in market conditions, and insufficiency of funds; including without limitation, strikes, work stoppages, epidemics, pandemics, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications, or computer (software and hardware) services.

 

6.9.       U.S. Government Restricted Rights; Export. Any software provided hereunder is a “commercial item,” as defined at 48 C.F.R. § 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. § 12.212(SEPT 1995). Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1through 227.7202-4 (JUNE 1995), such software is provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other end users pursuant to the Terms of Use herein. If You export any of the software, it must comply fully with all relevant export laws and regulations to ensure that the software is not exported, directly or indirectly, in violation of applicable export control laws. You shall not knowingly, directly or indirectly, without prior written consent, general or specific license, if required, of the Office of Export Administration of the U.S. Department of Commerce, export or transmit any of the software to any country to which such transmission is restricted by applicable regulations or statutes.

 

6.10. Relationship; Third Party Beneficiaries. These Terms of Use do not create any partnership, franchise, joint venture, agency, or fiduciary or employment relationship. Neither Party may bind the other Party or act in a manner which expresses or implies a relationship other than that of independent contractor.

 

6.11. No Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Company without restriction.

 

7.               Contact Us

If You have any questions regarding these Terms of Use, please contact Us at:

 

Discovery NP Legal Consultants, LLC

784 Clearwater Loop

Suite D

Post Falls, Idaho 83854

Email:

Telephone: (208) 779-1990