1. Services and Fees. These Terms and Conditions govern Futuredontics’ lead generation Services to Client. Such Services and associated Service Fees are as documented and agreed with Client, either within a Sales Order or otherwise in writing.
2. Payment. For certain Pay-Per-Lead Services, Futuredontics will invoice Client monthly, and Service Fees are billed automatically the first week of each new month via payment method kept on file with Futuredontics. If Client chooses to make payments via credit card instead of EFT, client may be subject to imposition of convenience charges. Late payments will incur charges at a rate of 1.0% per month.
3. Term and Termination. The Term of this Agreement is Monthly, and this Agreement automatically renews on a month-to-month basis. The client may terminate the Services for any reason with thirty (30) days written mail or email notice at any time by notifying Futuredontics at clientservices@futuredontics.com. Futuredontics may also terminate for its convenience upon thirty (30) days written notice to Client or immediately upon Client’s breach of its obligations as specified in these Terms and Conditions. In the event of termination, Client shall immediately pay Futuredontics in full all
outstanding Service Fees.
4. Futuredontics’ Right to Terminate. Futuredontics reserves the right to terminate the agreement if the client’s conduct, business practices, or public image are deemed to be inconsistent with Futuredontics’ established morals and ethical standards. This provision enables Futuredontics to ensure that its professional relationships are aligned with its core values and principles, thereby preserving the company’s reputation and maintaining the integrity of its business operations.
5. Client Warranty. Client represents and warrants that all its personnel providing dental services to consumers:
i. holds a professional license authorizing the provision of such dental services.
ii. are otherwise fully licensed to provide such professional dental services.
iii. are in good standing with each commission, board, and other authorities having jurisdiction over Client’s licensing for and practice of dentistry; and
iv. are in compliance with all applicable laws and regulations associated with the professional provision of dental services.
Client further represents and warrants that it will notify Futuredontics immediately in writing in the event
of Client’s non-compliance with any aspect of this section.
6. Confidentiality. Each Party’s business information shall be considered its Confidential Information. In particular, any personal information conveyed by Futuredontics through its provision of consumer leads and all aspects of commercial terms between Client and Futuredontics shall be considered Futuredontics’ Confidential Information. Each Party may share Confidential Information of the other Party solely to the extent its personnel and third-party contractors require access to the Confidential Information in the standard course of business, provided that each Party is liable for any breach of the other Party’s Confidential Information by its personnel and third-party contractors.
7. California Consumer Privacy Act (“CCPA”). In the event Client receives or otherwise has access to California Resident’s personal information through its business relationship with Futuredontics, unless otherwise permitted under CCPA, Client agrees that it shall not sell such personal information to a third party nor retain, use, or disclose such personal information for any purpose other than Client’sprovision of dental services, including retaining, using or disclosing California Resident personal information for a purpose other than Client’s provision of dental services or retaining, using or disclosing California Resident personal information outside of the direct business relationship between Client and Futuredontics.
8. Independent Contractor. Futuredontics is engaged as an independent business and will perform its obligations under this Agreement as an independent contractor. It is specifically agreed and acknowledged that Futuredontics is not licensed to engage in the practice of dentistry and has no control over, nor provides any recommendations with respect to, any dental service or treatment rendered by Client.
9. Disclaimer of Warranty. Futuredontics makes no representation, beyond periodically providing estimations based on its experience and available data, of the extent to which leads delivered through the Services will transact with Client.
10. Indemnity. In no event shall Futuredontics have any liability for, and Client shall indemnify, defend, and hold harmless Futuredontics against, claims, losses, or damages in connection with third party claims however arising in association with the medical diagnosis, recommendations, treatment and/or pricing provided by Client to its patients, or in connection with Client’s violation of applicable law.
11. Limitation of Liability. In no event shall either Futuredontics or Client be liable for any consequential, special, punitive, or other incidental damages however arising. Except for breaches of Confidential Information or indemnity, in no event shall either Client or Futuredontics’ liability exceed the amount of Fees paid by Client to Futuredontics within the twelve (12) month period preceding the claim.
12. Governing Law and Forum. Any dispute between the Parties shall be governed and construed in accordance with the laws of the State of California regardless of conflict of law principles.
13. Changes. Futuredontics may periodically update these Terms and Conditions. Upon any modification, Futuredontics will post the new version containing the date of modification and will notify Client through email. Client’s use of the Services at any time indicates acceptance of Futuredontics’ currently posted Terms and Conditions.
14. Notices. All notices, consents, or other communications in association with these Terms and Conditions, including concerns about any violations of specified obligations, shall be in writing and delivered to the Party’s address and/or via email with read receipt notification required, as follows:
To Client at: address/email maintained by Client Services.
To Futuredontics at: Futuredontics, Inc.
25 SE 2nd Ave
Ste 550 PMB 300
Miami, FL 33131
Attn: Accounting & Legal Department
Email: clientservices@futuredontics.com
Revised: 06/16/22
(b) After the Initial 30 Day Period, there is no termination of convenience. Subscriber will be responsible for the balance of the term if Subscriber terminates this Agreement after the Initial 30 Day Period.
(a) Futuredontics may immediately suspend or terminate your use of the Services or the Site at any time if you breach any of the terms of this Agreement or the Privacy Policy.
Upon request of Subscriber within fourteen (14) days after termination, Futuredontics may, in its sole discretion, provide to Subscriber a download of patient review data in Excel format.
Subscribers must provide a valid e-mail address, their legal name and any other required information to complete the registration process. As part of accessing the Site you will have a username. Subscribers are responsible for maintaining the privacy and security of their username and password. Futuredontics will not be held liable for any damage or loss that may result from your failure to protect your login information, including, but not limited to, your password. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.
The parties agree that Futuredontics owns all right, title and interest to the trademarks, service marks, copyrights and other intellectual property rights related to the Services and the Site. During the term of this Agreement, subject to the terms and conditions of this Agreement, Futuredontics grants to Subscriber a personal, limited, non-exclusive, non-transferable right to use the Services and the Site solely for its own business purpose. Subscriber shall not sell, re-sell, license, sublicense, assign, distribute or make available the Services or the Site to any third party. Subscriber shall not modify or make derivative works of the Services or the Site; create links to the Services or the Site or frame or mirror any Site pages; or reverse engineer, republish or copy any materials from the Site or the Services.
We do not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of our Site or Services. Unless otherwise provided by this Agreement, or unless specific applicable law requires Futuredontics to allow Subscriber to do so, Subscriber may not do any of the following without the prior written consent of Futuredontics:
We prohibit the use of the Site or the Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (“Spam”). You may not use the Services or the Site to send Spam and you may not deliver Spam or cause Spam to be delivered to any Consumers. In addition, e-mail sent, or caused to be sent, using the Services or the Site may not:
We do not authorize the harvesting, mining or collection of e-mail addresses or other information from the Site or through use of the Services. We do not permit or authorize third parties to use the Site or the Services to collect, compile or obtain any information about our subscribers or their Consumers, including but not limited to subscriber e-mail addresses, which are our confidential and proprietary information. Use of the Site and the Services is also subject to our Privacy Policy.
We will use our reasonable commercial efforts to keep the Service and Site available on a 24-hour/7-days-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability to any user for any delay, interruption or downtime in connection with our operation of, and Subscriber’s access to the Service and the Site.
Any aspect of any Site may be changed, supplemented, deleted, updated, discontinued, suspended or modified at any time at Futuredontics sole and absolute discretion and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Futuredontics shall not be liable to you for any delay or other damages that might result from such modification, suspension or discontinuance.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our Site and entering another site. We are not responsible for any Content, Products and Services provided through such third party websites.
Reviews and ratings do not reflect the views of Futuredontics; its affiliated entities; or its employees, officers, directors, or shareholders. We reserve the right, but do not undertake the obligation, to refuse or to remove any unacceptable review or other content in our sole and absolute discretion. A non-exhaustive list of unacceptable review or content includes, but is not limited to, the following: Offensive language, including obscenities, hate speech, or harassing, vulgar or explicit language; references to illegal activity; personal threats; or disclosure of personal information. We do not assume responsibility or liability for any claims, damages, or losses resulting from any use of the Site or any Review or other Content posted on the Site.
You agree to defend, indemnify and hold Futuredontics, its directors, officers, agents, subsidiary companies, shareholders, employees, affiliates and representatives harmless from and against any losses, costs or claims, including court costs and attorneys’ fees and costs, arising from or relating to your use of the Services or the Site or your breach of any provision of this Agreement.
You represent and warrant to Futuredontics that (i) you possess all right, power and authority to execute this Agreement and perform your obligations hereunder, (ii) the transactions hereunder will not result in a breach or violation of, or a default under, any agreement by which you are bound, and (iii) you will not engage in any of the following activities, and will make commercially reasonable efforts to ensure that your affiliates also will not: violate any law (including but not limited to the Federal Trade Commission Act, CAN-SPAM Act of 2003 or any applicable rules or regulations of the Federal Trade Commission); or engage in activities that: (a) give rise to criminal or civil liability or infringe any copyright, patent, trademark or service mark, trade secret rights or any other personal, moral, contract, property or privacy right of any third party; (b) contain or promote viruses, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or warez content or conduct; or (c) encourage conduct that would constitute unlawful conduct or offensive conduct.
THE SERVICES AND THE SITE ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FUTUREDONTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS REGARDING THE SERVICES OR THE SITE. FUTUREDONTICS, ITS REPRESENTATIVES, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES OR THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR HARMFUL CODE. FUTUREDONTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES OR SITE. WITHOUT LIMITATION OF THE FOREGOING, FUTUREDONTICS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR THE SITE WILL OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUTUREDONTICS SHALL NOT BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, TORT OR COVER DAMAGES; DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER OR NOT YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES; COSTS OF SUBSTITUTE SERVICES;OR LOSS OF DATA RESULTING FROM DELAYS, SERVICE BREACHES OR SERVICE INTERRUPTIONS.
IN NO EVENT SHALL FUTUREDONTICS BE LIABLE TO SUBSCRIBER IN ANY AMOUNT THAT EXCEEDS THE AMOUNT OF FEES PAID OR CHARGED FOR THE MOST RECENT MONTH OF SERVICE. For the avoidance of doubt, Subscriber expressly agrees that Subscriber’s sole and exclusive remedy for any and all claims for damages under this Agreement is limited to the total sum of fees paid by Subscriber for one month.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The parties have entered into an agreement above, pursuant to which Futuredontics (“Business Associate”) may provide certain Services outlined above to Subscriber (“Covered Entity”). As a result of providing the Services, Business Associate and its subcontractors, employees, affiliates, agents or representatives may have access to certain Protected Health Information (“PHI”), defined below, and Business Associate may be considered a “business associate” of Covered Entity as defined in the HIPAA Regulations (defined below). The parties wish to address the requirements of the HIPAA Regulations and ensure that Business Associate will establish appropriate safeguards, including without limitation certain administrative requirements with respect to such PHI. In consideration of the foregoing and the covenants and promises contained in this Agreement above and this Business Associates Agreement, the parties agree as follows:
AGREEMENT
Mail:
Customer Service- PatientActivator
Futuredontics, Inc.
6060 Center Drive 7th Floor
Los Angeles, CA 90045
Last updated: January 1st, 2024
By submitting your information, you verify that this is your office phone number and consent to receiving phone calls regarding our program from a live member of our Membership Development team using an automatic telephone dialing system, with the understanding that consent is not a condition of purchase or services. Additionally, you are aware that all calls are monitored and recorded for quality assurance purposes, and consent to such monitoring and recording.