TERMS OF SERVICE
By maintaining an account on LexServ, LLC’s (“LexServ”) websites (www.lexserv.com or https://connect.lexserv.com), application interface (API) (cloud.itm21st.com), and any other methods of access, including but not limited to secure file transfer (collectively, “Electronic Systems”), you, an Authorized Individual (as defined below) of one or more clients of LexServ (each, a “Client”), hereby acknowledge that you (i) have read, understand and agree to be bound by these terms of service, (ii) are of legal age to enter into a binding agreement, (iii) have the requisite authority to bind the Client to these terms of service, and (iv) hereby bind the Client to these terms of service. The term “you” refers to individuals designated by the Client who may access the Electronic System via an account maintained by such Client (“Client Account”), or who has been designated as an administrator on the Client Account (“Administrator”) (each such individual, an “Authorized Individual”). For a business entity client of LexServ, the Client is the client company for which the Client Account is maintained.
1. Access to Electronic Systems. Client is solely responsible for the content of the Client Account and maintaining the accuracy of Client’s profile information, including information relating to Authorized Individuals. Upon termination or separation of an Authorized Individual’s relationship with Client, Client shall immediately revoke the Authorized Individual’s access to the Electronic System and the Client Account. LexServ reserves its right to revoke Client’s or any Authorized Individual’s access to the Electronic System at any time without notice. Client will implement policies and procedures to prevent unauthorized use of the log-in credentials (where such log-in credentials permit Authorized Individuals to access to the Electronic System) (“Log-In Credentials”). The Administrator of the Client Account shall be responsible for appropriate use, access and protection of Log-In Credentials and the Client Account. Client shall promptly notify LexServ if Client or an Authorized Individual reasonably suspects or confirms that a Log-In Credential has been (i) lost, stolen, compromised, or misused, (ii) used, accessed, or acquired in an unauthorized manner or by any unauthorized person, or (iii) used for any purpose other than legitimate business reasons. Client shall be responsible for any unauthorized use of or access to Log-In Credentials or the Electronic System, or any actions required as a result thereof.
2. Records. Client shall ensure that all information and documents (including, but not limited to, medical records, policy information, and insured documents) submitted by an Authorized Individual to the Client Account are: (i) appropriately designated to the specified insured; (ii) properly obtained, whether from an insured, a health care provider, an authorized agent or otherwise; (iii) handled in compliance with The Health Insurance Portability and Accountability Act of 1996, as amended, as well as all related rules, standards and implementation guides; (iv) have not been modified or falsified in any way; and (v) delivered by or on behalf of Client or an Authorized Individual without violating any agreements, laws or regulations.
3. Authorization to Order Life Expectancy Certificates. Client hereby appoints LexServ as authorized to order life expectancy estimates or similar products (collectively, “LEs”) on Client’s behalf from LE providers (including but not limited to ITM TwentyFirst, LLC and Fasano Associates, Inc.). Client shall be responsible and liable for all acts or omissions of LexServ related to or arising from such authorization or the order of LEs and shall indemnify LexServ therefor. Client shall pay the fees for LEs ordered on its behalf. Client, as a recipient of a LE, further agrees to be bound by any terms and conditions incorporated into such LE.
4. DMF Data. Dates of death that LexServ provides to Client may include data that LexServ receives from the Limited Access Death Master File, as defined in 15 CFR § 1110.2. Client shall (i) comply with 15 CFR § 1110 and (ii) use dates of death provided by LexServ for Client’s internal business purposes only, including to order death certificates. LexServ shall not incur any liability to Client or any other party for any delay in identifying the death of an individual or any failure to identify the death of an individual.
5. Datasets. Client hereby understands and agrees that LexServ creates anonymized or aggregated datasets, which datasets are used by LexServ and disclosed to LexServ’s affiliates or clients, subject to obligations of confidentiality.
6. Miscellaneous. These terms of service shall be governed by the laws of the State of Minnesota, without regard to conflict of law principles. All disputes arising out or related to these terms of service shall be adjudicated exclusively in the state or federal courts located in the Hennepin County, Minnesota. Client may not assign or transfer its rights and obligations hereunder without prior written consent of LexServ. No waiver of any provision herein will (i) be binding unless executed in writing by the party making the waiver, (ii) be deemed, or will constitute, a waiver of any other provision, or (iii) constitute a continuing waiver. If any provision herein is held by a court of competent jurisdiction to be contrary to law, invalid, or otherwise unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and in any event the remaining provisions of these terms of service shall remain in full force and effect. Client shall comply with changes to these terms of service as LexServ shall make from time to time with notice to Client or Authorized Individual(s) via e-mail, by posting on LexServ’s websites, through the Client Account, online “click wrap” amendments, facsimile, mail, invoice announcements, or other written notification. These terms of service constitute the final written agreement and understanding of the parties hereto with respect to the Electronic Systems. These terms of services are intended to be supplemental to any servicing or medical records retrieval agreement entered into between Client and LexServ, and the terms contained herein shall supersede and govern in the event of an express conflict between these terms of service and any such servicing or medical records retrieval agreement. Sections 3 through 6 shall survive any termination of these terms of service.
Last updated: 6-14-2022