Welcome to xcelbenefits.com. This page details the Terms and Conditions governing your use
of the xcelbenefits.com website (referred to as "the Site," "we," "us," or "our" in these
Terms and Conditions) and any services we provide. The following agreement governs our relationship
with you, outlines the purpose of our website, limitations of liabilities, dispute resolution
procedures and restrictions, and includes specific state-by-state disclosure information.
You can find more information about our privacy and security practices and how we use your
personal information on our Privacy Policy page.
xcelbenefits.com can only be used under these Terms and Conditions. By using the site,
you indicate your agreement with these terms. If you disagree, you must stop using this site immediately.
Purpose of xcelbenefits.com
The purpose of xcelbenefits.com is to provide general information about the Social Security Administration's
policies and procedures, the laws and regulations associated with Social Security Disability Insurance claims,
and other related information that might be relevant to individuals submitting inquiries via our site. We also
facilitate users to find professional help like advocates, attorneys, or other qualified professionals for
assistance in applying for social security benefits, appealing denial of such benefits, or seeking other related information.
However, the information obtained from xcelbenefits.com should not be taken as legal advice. Laws can vary
significantly between jurisdictions and are subject to change. We strongly recommend that users consult professional
legal counsel to understand the applicability of information obtained from this site to their specific situation.
xcelbenefits.com should not be used as a substitute for legal counsel.
By submitting your information to us through xcelbenefits.com, you consent to us selling that information to
third parties and to being contacted about products and services we believe you may qualify for. You also consent
to our disclosure of your information to third parties so they can respond to your disability benefits inquiry.
Attorney Listings
Any information about our attorney and advocate sponsors was provided by the sponsors themselves and has not been verified by xcelbenefits.com. The choice of a lawyer is an important decision and should not be based solely upon advertisements or self-proclaimed expertise. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.
We Do Not Provide Legal Advice or Referrals
We do not offer legal advice, attorney referrals or legal recommendations, mediation or counseling. However, if you use our website to get help with a social security claim or appeal and provide your information to us, some of our vendors, affiliates and partners might pass your information to a qualified advocate or attorney to contact you about your claim or appeal.
Ownership, License, and Restrictions on Use
All text, images, icons, logos, and intellectual property on xcelbenefits.com belong to us. Users are granted a nonexclusive, nontransferable, limited license to view and use information retrieved from xcelbenefits.com provided it is for their personal, non-commercial purposes.
Links
Under no circumstance will a Covered Party be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if a Covered Party has been advised of the possibility of such damages, resulting from: (a) the use or inability to use the xcelbenefits.com site or services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from xcelbenefits.com; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on xcelbenefits.com; or (e) any other matter relating to xcelbenefits.com. "Covered Party" means xcelbenefits.com, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assignee of xcelbenefits.com, its affiliates, or listees.
Dispute Resolution
Any disputes arising out of or related to these Terms and Conditions or the use, inability to use, performance or nonperformance of the site or any services offered through xcelbenefits.com will be resolved through binding arbitration administered by JAMS under the rules then in effect. The location for such arbitration shall be in Orange County, California. The parties agree to arbitrate solely on an individual basis, and that these Terms and Conditions do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Changes to Terms and Conditions
xcelbenefits.com reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of xcelbenefits.com after the posting of changes constitutes your binding acceptance of such changes.
Miscellaneous
You warrant that you have full authority to use xcelbenefits.com, and that your use of xcelbenefits.com will not infringe the rights of any third party or breach any applicable law or regulation. The failure of xcelbenefits.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Any new features that augment or enhance the then-current services on this site, including the release of new tools and resources, shall be subject to these Terms and Conditions.
Special State Disclaimers Regarding Specialty Areas of Practice
General Disclaimer: THIS IS AN ADVERTISEMENT
Some states require additional disclaimers. Those are as follows:
Alabama: No representation is made that the quality of the legal services to be performed is greater
than the quality of legal services performed by other lawyers. Alabama Rules of Professional Conduct Rule 7.2(e) (1997).
Alaska: The Alaska Bar Association does not accredit or endorse certifying organizations. Alaska Rules of Professional Conduct Rule 7.4(a)(2) (1998).
Colorado: Colorado does not certify attorneys as experienced in any field.
Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Before you decide, ask request free written information about a firm’s qualifications and experience.
Florida Rules of Professional Conduct Rule 4-7.2(d) (1997).
Hawaii: There is no procedure for review or approval of specialist certification organizations in Hawaii. Hawaii
Rules of Professional Conduct Rule 7.4(c) (1997).
Illinois: The Illinois Supreme Court does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois. Illinois Rules of Professional Conduct Rule 7.4(c)(2) (1997).
Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed experience. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is experienced in a field of law, nor do they mean that a lawyer is necessarily any more proficient or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as an experienced or proficient in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more proficient or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa. See Iowa Code of Professional Responsibility DR 2-101(A), DR 2-101(C), DR 2-105(A)(3)(c) (1997).
Kentucky: THIS IS AN ADVERTISEMENT.
Massachusetts: If a Massachusetts lawyer holds himself or herself out as “certified” in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts. See Massachusetts Code of Professional Responsibility DR 2-105(B) (1997).
Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free Background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of experience therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997).
Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations. Missouri Rules of Professional Conduct Rule 7.4 (1997).
Nevada: The State Bar of Nevada does not certify any lawyer as a proficient. Nevada Rules of Professional Conduct Rule 198 (1997).
New Jersey: Any certification as an experienced, or any certification in a field of practice, that does not state that such certification
has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association,
indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey
and the American Bar Association. See New Jersey Rules of Professional Conduct Rule 7.4(b) (1997).
New Mexico: Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as an experienced in that area of law. See New Mexico Rules of Professional Conduct Rule 16-704(D) (1997).
Oregon: THIS IS AN ADVERTISEMENT.
Rhode Island: The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an experienced in any field of practice. Rhode Island Rules of Professional Conduct Rule 7.4 (1998).
Tennessee: Unless otherwise indicated, Tennessee attorneys are not certified as specialists by the Tennessee Commission on Continuing Legal Education and Specialization in the areas of practice listed on their profiles. See Tennessee Code of Professional Responsibility DR 2-101(C)(3) (1998).
Texas: Unless otherwise indicated, Texas attorneys are Not Certified by the Texas Board of Legal Specialization in the areas of practice listed on their profiles. See Texas Disciplinary Rules of Professional Conduct Rule 7.04(b)(3) (1999).
Washington: The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any certificate, award, or recognition by a group, organization or association used by a Washington attorney to describe his or her qualifications as a lawyer or qualifications in any subspecialty of law is not a requirement to practice law in the State of Washington. See Washington Rules of Professional Responsibility Rule 7.4(b) (1997).
Wyoming: The Wyoming State Bar does not certify any lawyer as an experienced. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed experience. Wyoming Rules of Professional Conduct for Attorneys at Law Rule 7.4 (1997).