1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

DentalBillingAid provides certain management and operation services to dental practices through our website located at www.dentalBillingAid.com whether connected by direct link or otherwise (the “Site”). These terms of use (the “Terms of Use”) cover your access and use of (a) the Site and all associated and related sites, whether connected by direct link or otherwise (collectively, the “Site”) and (b) all DentalBillingAid products and services accessed, used or provided through the Site (the “Services”).

Your use of the Site and the Services is conditioned on your compliance with these Terms of Use, as well as any other written service or other agreements you may have with us or any of our Affiliates, including payment of all applicable service fees, and your compliance with all posted rules applicable to the Services, which may include terms and conditions in addition to those in these Terms of Use. All such rules are hereby included into the Terms of Use by reference.

BY CREATING AN DentalBillingAid ACCOUNT, USING THE SITE, OR PURCHASING, ACCESSING, OR USING ANY OF THE SERVICES, YOU AGREE TO THESE TERMS OF USE, EFFECTIVE IMMEDIATELY. DO NOT CREATE AN DENTALBILLINGAID ACCOUNT, DO NOT USE THE SITE, AND DO NOT PURCHASE, ACCESS, OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE.

The Terms of Service were last modified on the above-mentioned date. We fully reserve the right to modify the Terms of Service at any time and without prior notice to you. You understand and agree that it is your duty to examine the Site and the Terms of Use on a regular basis and to become familiar with any changes. Continued use of the Site or Services following such adjustments constitutes acceptance of the new Terms of Use and consent to be bound by them. The most recent version of the Terms of Use can be seen on the Site at any time. Please contact info@revusys.com with any issues about the Terms of Service.

Our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, as well as all parties involved in creating, producing, and/or delivering the Site and/or its contents, as well as the Services, as defined in these Terms of Use.

2. REGISTRATION

To use the Services, you must first create an DentalBillingAid account and password by filling out or signing service or similar agreements and related forms (some of which may be online) that ask for specific information and data (“Registration Data”). You agree that all information provided in the Registration Data is true and truthful, and that you will keep this information current, complete, and accurate by maintaining and updating it as needed.

You are responsible for keeping your account access details confidential and controlling access; any unauthorized usage or other security violation must be immediately reported to DentalBillingAid. You acknowledge that you are solely responsible for all activity that occurs through your account, whether or not you have allowed it. You give us permission to share certain Registration Data about you with third parties. Our Privacy Policy governs the information we collect from you as a result of your use of the Site or Services, including your Registration Data.

3. CONTENT

Text, graphics, pictures, video, music, and other materials (collectively referred to as “Content”) are available on the Site. We may own the Content or provide it through a partnership with others, such as users of the Site, third parties, and their partners, sponsors, or affiliates. Users of the Site may provide Content in conjunction with the Services or otherwise (also referred to as “User Content” above).

We do not support or accept any responsibility for any User Content. However, we and our agents reserve the right to remove or amend any User Content that, in our opinion, violates the Terms of Use or any other rules of user behavior for the Site or Services, or is otherwise hurtful, objectionable, or inaccurate. Any failure or delay in removing such content is not our responsibility. You hereby consent to such removal and waive any claim you may have against us as a result of such removal.

We do not claim any intellectual property rights to your User Content. While you retain all rights in your User Content, you grant us and our agents and Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such materials for any non-competitive purpose, regardless of the form or medium (now known or not currently known) in which it is used, including but not limited to, display through the Services, and display on the Site for the purpose of demonstrating how our Services can be used.

Before your account is suspended or terminated, you are solely responsible for making and retaining any copies of User Content that you require for your purposes. You represent and warrant that you are permitted to use the Services and submit the Content. You acknowledge and agree that we have no control over User Content and cannot and do not guarantee its correctness, integrity, or quality. Unless otherwise specified, any advice, opinions, remarks, or other information provided by a Site user is solely the responsibility of the user who prepared the work and does not necessarily reflect our perspectives.

4. INTELLECTUAL PROPERTY

All Content given to you on the Site is protected by copyrights, trademarks, service marks, patents, and other proprietary rights and laws, and all Content other than User Content is the sole property of DentalBillingAid, its Affiliates, or its licensors. You may only use the Content if we or the specific content provider have expressly allowed it. Any illegal use of Content may be a violation of copyright, trademark, and other relevant laws, with criminal or civil consequences possible.

You have no ownership rights in or to any Content that is not your own, and you may only use it in accordance with the Terms of Use. Without prior explicit authorization from us or the owner of the Content, no further use is permitted. Any copy you make of the Content must include all copyright and other proprietary notices found in the original Content. The Content may not be aggregated, sold, transferred, assigned, licensed, sublicensed, or modified, nor may it be reproduced, displayed, publicly performed, made a derivative version of, distributed, or otherwise used for any public or commercial purpose. It is explicitly forbidden to use or post the Content on any other website or in a networked computer environment for any reason.

Your authorization to access and/or use the Content, the Site, and the Services may be automatically terminated if you violate any section of the Terms of Use, and you must immediately destroy any copies you have made of the Content. Any public work may be shared, shown, and copied as long as suitable copyright notices are included in all copies. You may not rent or sell the information you get via usage of the Site in any way.

The design and feel of the Site and Services are DentalBillingAid’s property. All intellectual property rights are reserved. Without DentalBillingAid express written consent, you may not duplicate, replicate, or reuse any section of the Site’s HTML/CSS or graphic design elements.

5. THIRD-PARTY ACCESS

You will not allow any third party to use your account to access the Services unless it is required by law or as indicated here. You may authorize your employees to use the Services on your behalf, subject to the Terms of Use and any other written agreements you may have with us or our Affiliates. All usage (including misuse) of the Services accessed through your account is your responsibility. You accept that you are responsible for ensuring that the Services accessible through your account are utilized properly and that all health-related information is protected as required by law.

6. USER CONDUCT

All applicable laws and regulations apply to your use of the Site and Services, and you are solely responsible for (a) ensuring that your use of the Site and Services complies with them, and (b) the content of your communications through the Site and in connection with the Services. You agree not to do—or attempt to do—anything that, in our sole judgement, could jeopardies the Site’s or Services’ security, functionality, or value, including, without limitation, any of the following:

a. modification, adaptation, disassembly, recompilation, reverse engineering, reproduction, duplication, copying, selling, reselling, or exploitation of any component of the Site, the Services, use of the Services, or access to the Services;

b. accessing data that was not intended for you or log onto a server or account for which you are not allowed;

c. probing, scanning, or testting a system’s or network’s vulnerability, or making an attempt to circumvent security or authentication procedures;

d. accessing or using the Site or Services or any portion thereof without authorization, in violation of the Terms of Use, any other agreements with us or our affiliates, or in violation of applicable law;

e. accessing, monitoring, copying, or harvesting data from the Site by any automated or other means, including without limitation, agents, robots, scripts, or spiders; deep-link to any feature or page on the Site; or circumvent our robot exclusion headers or any other measure we may employ to prevent or restrict access to the Site;

f. collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other undesirable communications;

g. using the Site or Services in any way that, in our sole discretion, impairs the Site or Services’ reliability, speed, or operation, or any underlying hardware or software;

h. interfering with the use and enjoyment of the Site or Services by others;

i. transmitting any worms, viruses, or malicious code; and/or

j. altering any other website in such a way that it fraudulently implies an affiliation with the Services of DentalBillingAid.

You may not use the Site or Services to promote anything that is unrelated to the Services or is hurtful, hateful, obscene, or unlawful in our sole discretion. You agree not to upload, share, post, or otherwise distribute or aid the distribution of any content, including text, communications, software, pictures, sounds, data, or other information, that:

i. contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious;

ii. on the basis of religion, gender, sexual orientation, color, ethnicity, age, or disability, victimizes, harasses, degrades, or intimidates an individual or group of individuals;

iii. any party’s patent, trademark, trade secret, copyright, right of publicity, or other proprietary right is infringed upon;

iv. as unauthorized or unsolicited advertising, junk or bulk email (commonly known as “spamming”), chain letters, or any other sort of unauthorized solicitation, as well as any type of lottery or gambling;

v. contains software viruses or any other computer code, files, or programs designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment, or to damage or gain unauthorized access to any third-party data or other information; and/or

vi. Any person or entity, including any of our employees or representatives, is impersonated.

You agree that we may cancel or suspend your subscription, membership, or other association with our Site or Services at any time and in our sole discretion if you violate any of the requirements of this section. You also agree that we will fully cooperate with investigations of system or network security violations at other sites, including collaborating with law enforcement agencies in the investigation of alleged criminal offences.

7. COPYRIGHT INFRINGEMENT CLAIM

For copyrighted materials placed on our site, we disclaim all responsibility and liability. Please follow the steps outlined below if you feel your work or the work of someone you represent has been duplicated or used in a manner on or through the Site or Services that constitutes copyright infringement.

DentalBillingAid respects the rights of others’ intellectual property and expects its users to do the same. We shall immediately react to reports of alleged infringement that are reported to DentalBillingAid’s Designated Agent for Claimed Infringement, which is listed below, in compliance with the Digital Millennium Copyright Act (“DMCA”).

If you are a copyright owner, a person authorized to act on behalf of a copyright owner, or a person authorized to act under any exclusive right under copyright, please report alleged copyright infringements on or through the Site by sending us a signed notice (“Notice”) that meets the following criteria:

a. identify the copyrighted works you claim have been infringed in enough detail for us to identify them;

b. identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including, at a minimum, the URL of the link shown on the Site where such material can be found;

c. Please provide your mailing address, phone number, and, if applicable, your email address. and in the body of the Notice;

d. include both of the following statements: “I hereby state that I have a good faith belief that the copyright owner, its agent, or the law (e.g., as a fair use) have not approved the disputed use of the copyrighted work.” “I hereby swear, under penalty of perjury, that the information in this Notice is true and correct, and that I am the owner, or authorized to act on behalf of the owner, of the copyright or exclusive right that is allegedly infringed.”

Agent Designated for Alleged Infringement:

Contact: DentalBillingAid General Counsel
Email: info@dentalbillingaid.com
Address:175 S. Bloomingdale Road Bloomingdale, IL 60108
Phone: +1 331 226 1100

You acknowledge and agree that, upon receiving a Notice, we may remove the identified materials from our Site or the Services without liability to you or any other party, and that the complaining party’s and the original poster’s claims will be referred to the United States Copyright Office for adjudication as provided by applicable law.

8. PUBLICITY

You grant us a limited right and permission to include and display your name, trademark, image, and logo in connection with our customer lists, marketing materials, and press releases, in print or on the web, to declare that you are using our Services, by using the Site or otherwise paying for Services. Once your account has been terminated, you may terminate this right and licence by giving us writing notice.

9. DISCLAIMERS

ALL MATERIALS, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED

THE SITE MAY CONTAIN TECHNICAL OR OTHER ERRORS, INACCURACIES, OR TYPOGRAPHICAL ERRORS, AMONG OTHER THINGS. WE MAY MODIFY THE MATERIALS AND SERVICES ON THE SITE AT ANY TIME WITHOUT NOTICE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN. WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS OR SERVICES ON THE SITE IF THEY ARE OUT OF DATE.
THE SITE AND SERVICES ARE USED AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH ACTIVITIES.

SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.

The views, opinions, and judgments expressed in the Site’s content are sometimes those of an information provider, a site user, or another person or entity who is not affiliated with us. Any opinion, advise, or comment made by anyone other than an authorised DentalBillingAid representative speaking in his or her official capacity is not endorsed by us, and we are not responsible for its accuracy or reliability. For more information, please refer to any specific editorial policies displayed on the Site, which are included by reference into the Terms of Use.

You acknowledge and accept that your data is stored in the cloud, and that occasional interruptions of the Site’s services may occur as a result of regular circumstances. You further acknowledge and accept that we have no control over third-party networks you may access while using the Site, and that delays and disruptions in other network transfers are entirely beyond our control. You agree not to hold us liable or accountable for any of the events stated in this section.

DentalBillingAid reserves the right to (1) modify or change the Site, or any portion of the Site, and any applicable policies or terms, at any time and without notice; and (2) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

10. NO PROVISION OF CERTAIN ADVICE OR SERVICES

DentalBillingAid is not your accountant or lawyer, and you are not receiving accounting or legal advice by using the Services. Please consult an accountant or an attorney if you have any accounting or legal questions. It is solely your responsibility to ensure that the Services fit your business’s needs and are appropriate for the purposes for which they are used.

You are solely responsible for ensuring that all applicable accounting, tax, and other regulations are followed. It is your duty to ensure that the storage and access of your data via the Site and Services complies with any laws that apply to you (including any laws requiring you to retain records).

11. LIMITATION OF LIABILITY

WE OR OUR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM RELIANCE ON INACCURATE CONTENT LISTED ON THE SITE OR LOSS OF USE,

YOU UNDERSTAND AND AGREE THAT CANCELING YOUR ACCOUNT AND DISCONTINUING YOUR USE OF THE SITE, CONTENT, AND SERVICES IS YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OR DAMAGES OR LOSSES RESULTING FROM THE CONTENT, SITE, OR SERVICES.

NOTWITHSTANDING THE ABOVE EXCLUSIONS OF LIABILITY, IN THE EVENT THAT WE, OUR AFFILIATES, OR ANY OF OUR EMPLOYEES, SERVANTS, OR AGENTS ARE LIABLE TO A USER FOR ANY AMOUNTS UNDER THESE TERMS OF USE UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER

YOU UNDERSTAND THAT WE WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THEY CAUSE YOUR REMEDIES UNDER THESE TERMS OF USE TO FAIL OF THEIR ESSENTIAL PURPOSE.

THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS PROHIBITED IN SOME JURISDICTIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. INDEMNIFICATION

You undertake to defend, indemnify, and hold DentalBillingAid and our Affiliates harmless from any and all liabilities, claims, and expenses arising from your use or misuse of the Site or Services, including attorney’s fees. We retain the right, at your expense, to take the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any applicable defenses.

13. TERMINATION OF USE

You agree that we may, in our sole discretion, cancel or suspend your access to all or part of the Site with or without notice and for any reason, including but not limited to a violation of the Terms of Use. Any suspected fraudulent, abusive, or illegal behavior may result in your relationship being terminated and/or submitted to appropriate law enforcement authorities.

Your right to use the Site and the Services available through the Site immediately ceases upon termination or suspension, regardless of the reason, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, as well as bar any further access to such files or the Site.

We are under no duty to keep any Content that you supply. We will not be liable to you or any third party for any claims or damages resulting from any termination or suspension, or from any other actions we take in conjunction with such termination or suspension.

14. MISCELLANEOUS

a. Governing Law, Jurisdiction, and Venue: The Terms of Use, our Privacy Policy, and all matters relating to your access to or use of the Site and Services, including all disputes, are governed by the laws of the United States and the laws of the State of Utah, to the maximum extent permitted by law, without regard to their conflict of laws provisions and excluding the CISG (the United Nations Convention on Contracts for the International Sale of Goods). You agree to personal and exclusive jurisdiction by and venue in the state and federal courts in Salt Lake County, Utah, subject to any other written agreement you may have with us addressing dispute resolution, and waive any objection to such jurisdiction or venue.

b. No Waiver, Entire Agreement: The omission of DentalBillingAid to exert or enforce any right or provision of the Terms of Use does not imply that such right or provision has been waived. The Terms of Usage set forth the whole agreement between you and DentalBillingAid with respect to the subject matter hereof, replacing any earlier terms of use for the Site.

c. Modification: The Terms of Use may not be modified, supplemented, or changed by the use of any other document(s), unless we publish updated or new Terms of Use in their stead. Unless otherwise agreed to in a written agreement signed by you and us, any attempt to alter, supplement, or amend this document, or to submit an order for items or services that are subject to new or altered terms and conditions, shall be null and void. To the extent that anything on or affiliated with the Site is in conflict or inconsistent with the Terms of Use, the Terms of Use shall supersede, unless otherwise agreed in writing between you and DentalBillingAid.

d. No Responsibility for Third Parties: You realize that DentalBillingAid may use third-party vendors and hosting partners to supply the necessary hardware, software, networking, cloud services, storage, and similar technology to run the Services, and that DentalBillingAid is not liable for any such third parties’ deficiencies or failures.

e. Immediate Account Termination for Abuse: Any verbal, physical, written, or other form of abuse (including threats of abuse or retribution) directed at an eAssist customer, employee, subscriber, member, or officer by you or your agents will result in automatic account termination.

f. Electronic Communications: You agree to receive electronic communications from us. You agree that, in accordance with applicable law, all agreements with us can be entered into and signed electronically, and that all notices and other communications that we send to you electronically meet any legal requirement that such notices or other communications be in writing.

g. Written Notice:  Written notices required or permitted under the Terms of Use must be in writing and will be effective (a) three business days after being deposited in the U.S. Mail, certified, return receipt requested, postage prepaid; (b) one business day after being deposited with a reputable express next day courier providing written receipt of delivery; or (c) the business day following receipt via email, in each case addressed to the parties as follows:

If to DentalBillingAid:

Contact: DentalBillingAid General Counsel
Email: info@dentalbillingaid.com
Address:175 S. Bloomingdale Road Bloomingdale, IL 60108
Phone: +1 331 226 1100

If to you:

At the address or email address stated on your DentalBillingAid account, or at any other address or email address you supply to us.

h. Password and Account Security: You are solely responsible for the security of your password and account, as well as any and all statements made and acts or omissions committed using your password and account. As a result, you must take precautions to prevent anyone from gaining access to your password and account. You may not transfer or share your account or subscription with anyone unless expressly permitted by the Terms of Use, and we retain the right to immediately terminate your account if you do so.

i. Attorneys’ Fees: The victorious party in any action to enforce the Terms of Use will be entitled to costs, attorneys’ fees, and expenses. Any cause of action you bring against us or our Affiliates must be brought within one year of the occurrence of the cause of action, otherwise it will be eternally waived and barred.

j. Assignment: Any alleged effort to assign your rights and duties under the Terms of Use to a third party shall be null and invalid. Under the Terms of Use, we are free to assign our rights and duties.

k. Nondelivery or Delay: We shall be excused from liability for non-delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbances, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, including but not limited to labor disturbances, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other

l. Severability: If any part of the Terms of Use is found to be invalid or unenforceable, that portion will be construed in accordance with applicable law to reflect, as closely as practicable, the parties’ original intentions, and the remainder of the Terms of Use will remain in full force and effect.