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eula [2012/03/05 09:34] mark [Cancellation and Refund Policy] |
eula [2014/10/03 05:06] (current) mark [3. Fees] |
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| ==== 3. Fees ==== | ==== 3. Fees ==== | ||
| - | * 3.1 You agree to pay the fees on the terms stated in the Fee Schedule. Past due balances will be subject to a late payment charge equal to one percent (1%) per month. | + | * 3.1 You agree to pay the fees as shown. Past due balances will be subject to a late payment charge equal to one and one half percent (1.5%) per month. |
| - | * 3.2 The maximum disk storage space provided to you at no additional charge is 5 GB. System data such as community clipart is not counted in measuring your disk space used. If the amount of disk storage required exceeds these limits, you will be charged Licensor's then-current storage fees. Licensor will use reasonable efforts to notify you when the space approaches this limit. | + | * 3.2 Fees quoted are based on anticipated use and resources. If upon review, your usage of the service increases significantly faster than other clients, fees will be adjusted with 30 days notice. Our goal is to provide RealTimeDesigner for 1% or less of your sales but this is not always possible for all business models. |
| + | * 3.3 RealTimeDesigner will provide 3 months notice of any proposed fee increases for existing users due to incremental growth or inflation. | ||
| + | * 3.4 RealTimeDesigner will provide a billing credit of 1 day for any day which the RealTimeDesigner is not available for service for 1 hour or more due to technical difficulties of its code or servers. This does not apply to carrier or other outages beyond the data centers housing our equipment. | ||
| ==== 4. Termination ==== | ==== 4. Termination ==== | ||
| * 4.1 The Services will be automatically renewed upon the expiration of the then current License Term, unless you give Licensor written notice prior to the end of the then current License Term, of your intention to terminate the Services. | * 4.1 The Services will be automatically renewed upon the expiration of the then current License Term, unless you give Licensor written notice prior to the end of the then current License Term, of your intention to terminate the Services. | ||
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| - | ==== 13. Cancellation and Refund Policy ==== | + | ==== 13. Refund Policy ==== |
| - | IGOODZ, INC. will honor a thirty day “Money Back Guarantee” which will refund to Company, with credit to the same purchasing method, a refund of initial annual prepaid purchase amount, or the first month of a month to month subscription including the initial set up fee. For month to month subscriptions, cancellation of subscription beyond 30 days of initial purchase warrants no refund of initial setup fees or any monthly fees incurred prior to the effective date of cancellation. For cancellation of annual subscriptions, cancellation during the initial year will warrant a pro rata refund credit to the same purchasing method of the unearned subscription for the balance of the initial subscription year minus the set up fee for the month-to-month subscription. | + | IGOODZ, INC. will honor a thirty day “Unconditional Money Back Guarantee” which will refund to you, with credit to the same payment method, a refund of initial prepaid setup fee, less any expenses to date, for any setup work that has been completed as of the notice of intent to cancel. Expense to date shall include all work done to install the software including acitvation, customization, training and technical support at the published rates, as determined by the level of skills required for the tasks performed. After 30 days, Cancelation will be in accordance with aforementioned Termination Policy. |
| + | ==== 14. Miscellaneous ==== | ||
| + | * 14.1 The Site features trademarks and logos that are the property of Licensor and/or its affiliates, partners and licensors. The Site also may include trademarks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner not allowed by the applicable owner. | ||
| + | * 14.2 Licensor's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement and your right to use the Services may not be assigned by you without the prior written approval of Licensor. | ||
| + | * 14.3 This Agreement, including any applicable Fee Schedule and all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Licensor and govern your use of the Site and Services. | ||
| + | * 14.4 This Agreement will be construed in accordance with the laws of the State of FLORIDA, excluding its conflicts of law principles, and the federal laws of the United States. | ||
| + | * 14.5 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. In any event, all other terms which remain valid and enforceable will survive and remain in full force and effect. | ||
| - | ==== 13. Miscellaneous ==== | ||
| - | * 13.1 The Site features trademarks and logos that are the property of Licensor and/or its affiliates, partners and licensors. The Site also may include trademarks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner not allowed by the applicable owner. | ||
| - | * 13.2 Licensor's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement and your right to use the Services may not be assigned by you without the prior written approval of Licensor. | ||
| - | * 13.3 This Agreement, including any applicable Fee Schedule and all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Licensor and govern your use of the Site and Services. | ||
| - | * 13.4 This Agreement will be construed in accordance with the laws of the State of FLORIDA, excluding its conflicts of law principles, and the federal laws of the United States. | ||
| - | * 13.5 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. In any event, all other terms which remain valid and enforceable will survive and remain in full force and effect. | ||
| - | ===== Terms and Conditions ===== | ||
| - | Software License and Member Subscription Agreement - IGOODZ, INC. | ||
| - | PLEASE READ: BY SUBSCRIBING TO AND USING REALTIMEDESIGNER SOFTWARE YOU ACCEPT THE | ||
| - | TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER. | ||
| - | REPRESENTATION AND ACCEPTANCE OF TERMS: | ||
| - | You warrant that your are duly authorized to represent your company and accept the terms and conditions of this | ||
| - | agreement on behalf of the company. A binding contract is formed between IGOODZ, INC. and the company in | ||
| - | accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our | ||
| - | agreement with the company. If Company or you do not agree to the terms and conditions of this agreement do not | ||
| - | subscribe to the software. By subscribing to the REALTIMEDESIGNER software, along with any selected companion programs or | ||
| - | websites or any affiliated services offered on or linked to this site, you are agreeing to the following terms and | ||
| - | conditions, notices and statements contained or referenced herein. | ||
| - | LICENSES: | ||
| - | Company subscribes to a license from IGOODZ, INC. programs now or hereafter delivered to Company, including all | ||
| - | updates, modifications and new programs, and all manuals and other materials relating thereto (collectively called | ||
| - | the Programs), upon and subject to the terms covenants and conventions herein contained. Company shall be entitled | ||
| - | to use REALTIMEDESIGNER, and its companion software/website products and services in one physical practice location. | ||
| - | This license does not grant any reseller privileges. | ||
| - | SUBSCRIPTION TERMS & METHODS OF PAYMENT: | ||
| - | Initial subscription or acquiring of REALTIMEDESIGNER software subscription occurs with one of four methods, explained | ||
| - | below: | ||
| - | |||
| - | A. Free or “Lite” subscription | ||
| - | B. Free 30-day trial of the full version. | ||
| - | C. Twelve (12) month prepaid initial subscription; waived Set Up costs | ||
| - | D. Month-to-Month subscription; $2,495.00 Set Up costs apply | ||
| - | |||
| - | A. Free or “Lite” subscription: The free or Lite version subscription provides limited access to REALTIMEDESIGNER software | ||
| - | features. While no fees are assessed to operate the Lite version of REALTIMEDESIGNER, the same rules and obligations are | ||
| - | equally applied as with the full member subscription or any of its variations. | ||
| - | B. Free 30-day trial of the full version: The full version is available for use by the Company or user for 30 days | ||
| - | without financial obligation, at which time the subscription expires and the Company loses all access and privileges | ||
| - | and data stored or enjoyed, without recourse, during the 30 day trial period. | ||
| - | C. Twelve (12) month prepaid initial subscription: A twelve (12) month prepaid subscription grants full membership | ||
| - | subscription access and benefits to REALTIMEDESIGNER software and affiliated websites to the Company as herein defined. | ||
| - | At the end of the initial 12 month subscription agreement, membership subscription will continue on a month-tomonth | ||
| - | basis until cancelled by me or a duly authorized representative of my Company. I agree that cancellation | ||
| - | must be received at least fifteen (15) days before the date the credit card charge takes place. If I cancel within 15 | ||
| - | days of charge date I may be charged for the following month. I also agree that if my credit card should expire or be | ||
| - | declined for any reason I will provide a new card number or make other suitable payment arrangements within 3 | ||
| - | days. I understand that if I cancel my membership prior to the end of the twelve month membership prepaid period | ||
| - | that the subscription will automatically convert to a month-to-month agreement and the Set Up fees will be | ||
| - | retroactively applied and deducted from any reimbursement owed by IGOODZ, INC. to me or the Company. | ||
| - | D. Month-to-month subscription: A month-to-month subscription grants full membership subscription access and | ||
| - | benefits to REALTIMEDESIGNER software and affiliated websites to the Company as herein defined. I understand that with the | ||
| - | month-to-month membership subscription there is an initial Set Up fee applied as herein defined. The monthly fee | ||
| - | will be charged to my credit card on the same day of every month for 12 consecutive months. If I choose to cancel | ||
| - | my subscription I agree that cancellation must be received at least fifteen (15) days before the date the credit card | ||
| - | charge takes place. If I cancel within 15 days of charge date I may be charged for the following month. I also agree | ||
| - | that if my credit card should expire or be declined for any reason I will provide a new card number or make other | ||
| - | suitable payment arrangements within 3 days. I understand that if I cancel my membership for any reason that the | ||
| - | Set Up fees will not be reimbursed by IGOODZ, INC. to me or the Company. | ||
| - | |||
| - | CANCELLATION AND REFUND POLICY: | ||
| - | IGOODZ, INC. will honor a thirty day "Money Back Guarantee" which will refund to Company, with credit to | ||
| - | the same purchasing method, a refund of initial annual prepaid purchase amount, or the first month of a month to | ||
| - | month subscription including the initial set up fee. For month to month subscriptions, cancellation of subscription | ||
| - | beyond 30 days of initial purchase warrants no refund of initial setup fees or any monthly fees incurred prior to the | ||
| - | effective date of cancellation. For cancellation of annual subscriptions, cancellation during the initial year will | ||
| - | warrant a pro rata refund credit to the same purchasing method of the unearned subscription for the balance of the | ||
| - | initial subscription year minus the set up fee for the month-to-month subscription. | ||
| - | |||
| - | PROPRIETARY RIGHTS AND COPYRIGHT CONDITIONS: | ||
| - | The trademarks, logos and service marks displayed on the Site are the property of IGOODZ, INC. or its | ||
| - | licensors. Company agrees IGOODZ, INC. and its licensors retains exclusive ownership of: all copyrights, trade secrets and other | ||
| - | proprietary rights in and to the program; the trademarks and trade names of IGOODZ, INC., REALTIMEDESIGNER, | ||
| - | all techniques, algorithms and processes contained in the programs; and all modifications and | ||
| - | extractions thereof. IGOODZ, INC., and REALTIMEDESIGNER products and services shown herein are the trademarks or | ||
| - | registered trademarks of IGOODZ, INC., Inc. Other trademarks belong to their respective owners. | ||
| - | Company agrees to safeguard said rights of IGOODZ, INC.. Company shall not reproduce, transcribe, transmit, | ||
| - | store in any internet, web or other type of system, translate into any human or computer language, or copy in any | ||
| - | way all or any part of the program, without the prior written consent of IGOODZ, INC. Company shall not reverse | ||
| - | engineer de-compile or disassemble the programs. Company shall not remove any copyright or trademark notice | ||
| - | from any program. Company may not redistribute, sell, or convey, with or without compensation, the use of or | ||
| - | access to, your licensed use of the REALTIMEDESIGNER software. | ||
| - | |||
| - | You acknowledge and agree that IGOODZ, INC. owns all databases, compilation, collective and similar rights, | ||
| - | title and interest worldwide in our information databases, and all information and derivative works generated from | ||
| - | those databases. Except as provided in these Terms of Use, you may not use, download, upload, modify, copy, print, | ||
| - | display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any Site Content or | ||
| - | information from the Site, in whole or in part, without the express permission of IGOODZ, INC.. | ||
| - | UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, | ||
| - | DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER | ||
| - | MISUSE OF ANY PART OF THE SITE IS PROHIBITED. Nothing contained in the Terms of Use or in the | ||
| - | materials on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to | ||
| - | use any material in any manner without the prior written consent of IGOODZ, INC. or such third party that may | ||
| - | own the material or intellectual property displayed on this Site. In addition, use of the Site Content or materials for | ||
| - | any purpose not expressly permitted in the Terms of Use is prohibited. | ||
| - | On behalf of the Company I understand that all rights, titles and interests including, but not limited to, copyright and | ||
| - | other intellectual property rights in and to the software are owned by IGOODZ, INC. and its affiliated and | ||
| - | closely held companies. Such rights are protected by United States copyright laws, other applicable copyright laws, | ||
| - | and international treaty provisions, and applicable patent laws. Oral SysteMix, LLC retains all rights not expressly | ||
| - | granted herein. | ||
| - | |||
| - | NO RESALE, REDISTRIBUTION OF DATA OR SITE CONTENTS PERMITTED | ||
| - | The REALTIMEDESIGNER software and site(s) and related services are for your personal or internal business use only as | ||
| - | related to the business of the Company, and may not be used for any secondary commercial purpose. You agree not | ||
| - | to (i) use the Site for illegal and/or unauthorized uses; (ii) reproduce, duplicate, copy, sell, resell or exploit for any | ||
| - | commercial purposes, any aspect of the REALTIMEDESIGNER Service; (iii) develop or derive for commercial sale any data or | ||
| - | information in any form whatsoever that incorporates or uses any part of the REALTIMEDESIGNER Services or any data | ||
| - | residing in it; (iv) use the REALTIMEDESIGNER Services to sell a product or service or to increase traffic to your web site for | ||
| - | commercial purposes; or, (v) use the information or data available on REALTIMEDESIGNER or any of its affiliated sites or | ||
| - | services and reformat and display them, or mirror the Site on your web site. | ||
| - | |||
| - | QUALITY AND PROTECTION OF USER CONTENT | ||
| - | You acknowledge and agree that (i) REALTIMEDESIGNER does not pre-screen or control content provided by Users of the Site | ||
| - | ("User Content"); (ii) REALTIMEDESIGNER assumes no responsibility for, nor guarantees the accuracy, integrity or quality of, | ||
| - | any user-provided material therein; and (iii) all User Content provided including information about their | ||
| - | clients/patients/customers are the sole responsibility of the person from whom such User Content originated and | ||
| - | REALTIMEDESIGNER has no responsibility for such User Content. | ||
| - | Additionally, you acknowledge and warrant that by using the REALTIMEDESIGNER software you and other authorized | ||
| - | representatives of your Company are placing protected health information on the site and that all HIPAA related | ||
| - | provisions and requirements are dutifully met by you and the Company with regard to the display and availability of | ||
| - | said personal health information entered on the site. You understand and agree that REALTIMEDESIGNER and Oral SysteMix | ||
| - | LLC assumes no responsibility for the handling, display, or transmittal of protected health information entered or | ||
| - | used on your REALTIMEDESIGNER software website or through any affiliated services, including but not limited to the | ||
| - | electronic transmittal of said information using facsimile and/or email methods to other health professionals or other | ||
| - | parties inclusive. | ||
| - | Accordingly, you agree that all uses of the site involving the use, storage or transmittal of protected personal and | ||
| - | health related information is used only for purposes related directly with the primary purposes of your professional | ||
| - | practice and duties and will not be used commercially for unrelated personal gain or unlawful purposes | ||
| - | |||
| - | OTHER | ||
| - | Linking To or From the REALTIMEDESIGNER or its companion websites: IGOODZ, INC. is not responsible for any | ||
| - | content, advertising, products, services or other materials on or available from web sites that are linked to or from | ||
| - | REALTIMEDESIGNER or its companion websites. IGOODZ, INC. is not responsible or liable, directly or indirectly, for | ||
| - | any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, | ||
| - | advertising, products, services or other materials on those web sites. The sites displayed or linked to by the Dental | ||
| - | ETC Services are developed by people over whom IGOODZ, INC. exercises no control, and Oral SysteMix | ||
| - | LLC may not screen the sites before including them on its sites. | ||
| - | Miscellaneous: IGOODZ, INC.' relationship is not one of agency or partnership and neither you, your | ||
| - | Company, nor IGOODZ, INC. shall be deemed to be a partner, employee, fiduciary, agent or representative of | ||
| - | the other by your use of the Site. You may not sell, trade, lease, assign or otherwise transfer your rights hereunder to | ||
| - | any third party. IGOODZ, INC. may assign its rights and duties under these Terms of Use without such | ||
| - | assignment being considered a change to the Terms of Use and without notice to you. The Terms of Use are | ||
| - | severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be | ||
| - | enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and | ||
| - | enforceability of any other remaining provisions. If IGOODZ, INC. fails to enforce any provision of the Terms | ||
| - | of Use, it shall not constitute a waiver of such provision. The Terms of Use will inure to the benefit of Oral | ||
| - | SysteMix LLC' successors, assignees and licensees. The Terms of Use, the Privacy Statement and the documents | ||
| - | incorporated by reference (including without limitation the Member Subscription Agreement, if you decide to | ||
| - | subscribe to REALTIMEDESIGNER fee based service), and any modifications by IGOODZ, INC. to the foregoing, | ||
| - | constitute the entire understanding between IGOODZ, INC. regarding your access to, license and use of the Site | ||
| - | and the IGOODZ, INC. Services, and they supersede any prior agreements, statements or representations with | ||
| - | respect to the same. IGOODZ, INC. may provide you with notices by either, email, postal mail, or postings on | ||
| - | the Site. Notices given by you to IGOODZ, INC. must be given by e-mail and addressed to | ||
| - | info@thedentaletc.com, or sent by postal mail to IGOODZ, INC., 1070 Combination Road, Reno, NV 89521. | ||
| - | Other Agreements: Please note that, if you sign up for one or more features of the Service that are provided by | ||
| - | third parties or any of the widgets and applications that may be listed or marketed on MyDentalETC.com | ||
| - | (collectively, "Third Party Features"), then you may be required to agree to terms of service with those third parties | ||
| - | as well. Any such terms of service are different from and in addition to this Agreement. | ||
| - | |||
| - | LIMITATION OF LIABILITY: | ||
| - | Except to the extent prohibited by local law, in no event will IGOODZ, INC., or its employees or officers be | ||
| - | liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime | ||
| - | costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, | ||
| - | contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the | ||
| - | software is entirely at your own risk. Company understands that no results are promised by IGOODZ, INC. or | ||
| - | its affiliates in regards to improvements in office productivity or revenues however measured, marketing, as a result | ||
| - | of acquiring and using REALTIMEDESIGNER or its related software products or services, or in the health and wellbeing of | ||
| - | patients or clients of the Company as a result of using the REALTIMEDESIGNER software. | ||
| - | The programs are licensed to user "as is". The entire risk as to the quality and performance of the program is | ||
| - | assumed by Company. Should the program prove defective, Company assumes the entire cost of all servicing, repair | ||
| - | or correction, (unless IGOODZ, INC. in its absolute discretion elects to perform the work). Company, | ||
| - | individually and as dental professionals, shall be solely responsible for any documents produced by the program, | ||
| - | and all treatments and/or procedures performed as result of such output of the software, or other use of the programs | ||
| - | and the contents thereof. Company agrees to indemnify and hold IGOODZ, INC. from and against any and all | ||
| - | claims, costs damages, liabilities or expenses, including attorneys fees, pertaining to, or arising in connection with, | ||
| - | any use by company or its employees, independent contractors of the documents composed by the program or the | ||
| - | information contained therein. IGOODZ, INC. does not represent that the program will generate any text which | ||
| - | is appropriate for use in any dental treatment context. IGOODZ, INC. makes no representation or warranty with | ||
| - | respect to the programs or the contents thereof, or the contents of any document composed thereby, and specifically | ||
| - | disclaims any implied warranties of merchantability or fitness for a particular purpose or use. Except as may be | ||
| - | contrary to local law, IGOODZ, INC. shall have no liability for compensatory, special, incidental, consequential | ||
| - | or exemplary damages. | ||
| - | |||
| - | GENERAL DISCLAIMER: | ||
| - | The Company agrees that it will defend and indemnify (hold harmless) IGOODZ, INC. and its members and | ||
| - | officers, third-party affiliates, and vendors, from any suit, demand, or claim resulting from the use, misuse, or disuse | ||
| - | of this software product and any and all of its affiliated products, websites, or programs. It is understood that all | ||
| - | advice real or imagined offered by this software or any of its affiliated products, websites or programs does not | ||
| - | replace the obligation and role of the practicing licensed health professional(s) licensed to use these software and | ||
| - | website products, to properly diagnose and prescribe appropriate care to persons presenting to them for care, and/or | ||
| - | those visiting their affiliated information and marketing websites and who may be exposed to information which | ||
| - | affects or is related to their specific health conditions. The licensed users of these software products named herein | ||
| - | understand that the licensed healthcare professionals are solely responsible for performing the examination of | ||
| - | patients in their care and rendering and executing the diagnosis, and that they understand that the software does not | ||
| - | in and of itself arrive at or render a diagnosis automatically or through any algorithm or programming. | ||
| - | These policies, terms, and conditions may be subject to change without notice. | ||
| - | My decision to proceed with purchase of the REALTIMEDESIGNER software indicates my agreement with these Terms and | ||
| - | Conditions and that I have read and understand the provisions and understandings of this License and Use | ||
| - | Agreement. | ||
| - | |||
| - | DISPUTES | ||
| - | The Terms of Use, your access and use of the Site and the IGOODZ, INC. Services and the relationship between | ||
| - | you and IGOODZ, INC. is governed by the laws of the state of Nevada, without giving effect to its conflict of | ||
| - | law provisions. IGOODZ, INC. and you both agree to submit to the personal and exclusive jurisdiction of the | ||
| - | courts of the state of Nevada. Regardless of any statute or law to the contrary, any claim or cause of action by you | ||
| - | arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or | ||
| - | cause of action arose or be forever barred. In the event of any conflict between foreign laws, rules and regulations | ||
| - | and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations | ||
| - | Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. If either party | ||
| - | commences any action or proceeding against the other party to enforce or interpret this Agreement, the prevailing | ||
| - | party in such action or proceeding shall be entitled to recover from the other party the actual costs, expenses and | ||
| - | attorneys' fees (including all related costs and expenses), incurred by such prevailing party in connection with such | ||
| - | action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained. | ||
| - | |||
| - | CHANGE TO TERMS AND REALTIMEDESIGNER SERVICES: | ||
| - | We may, without notice, modify or terminate REALTIMEDESIGNER Services for any reason, without liability to you, any other | ||
| - | user or any third party. We reserve the right to modify these Terms of Use at any time without notice. Please review | ||
| - | these Terms of Use from time to time so that you will be apprised of any changes. | ||
