Terms & Conditions of Use

This Agreement (the “Agreement”) is made by and between Dental Data Solutions, LLC. (“Company”), and you (“Client”). This Agreement provides the terms and conditions pursuant to which Client may access and usedata, files, lists and other content here in referred to as “Licensed Data” made available on or through this website.

License Grant

Subject to the terms and conditions of this Agreement, Company grants to Client a non-exclusive, license, to access and use the Licensed Data solely in connection with Client’s business operations, for the purpose of promoting features of the products and/or services available from the Client. For the purposes of this Agreement,“Licensed Data”is a set of information containing proprietary data files, information, content and/or direct marketing lists. Notwithstanding anything to the contrary herein, any Licensed Data accessed through this website shall be subject to these Terms & Conditions of Use. Client does not have the right to assign, transfer, sublicense or share with any third party any of the rights, data or licenses granted herein without the prior written consent of Company.

Legal Considerations

In using our website to contact us for the purpose of purchasing products or services, you are implicitly agreeing to these terms & conditions. Company makes every effort to validate the accuracy of its data, however, we cannot guarantee 100-percent accuracy. We will, however, work within the framework of third party warranties & guarantees to obtain an equitable pro-rated credit for inaccuracies that can be independently verified and which fall below industry standards. Limits of Liability for Usage of Company Products & Services Company cannot guarantee the success of delivery or outcome of any mailing. Company does not accept responsibility for third-party delivery platform performance. Company is not liable for any other damages or losses incurred through the use of products & services provided. In no event shall Company liability exceed the invoice cost of services provided.

Usage Restrictions

Data is Licensed from Company to Client for a designated Term or time period, and/or designated number of uses (mailings or email deployments) which is noted in the agreement. Lists are seeded with decoys and usage is tracked. Unauthorized use of Licensed Data beyond the Term Period and/or beyond the number of contracted uses (mailings or email deployments), without the prior agreement of the Company, will be invoiced at twice the agreed rental price of the original list. Multiple usage and other usage terms may be negotiated and will be permitted only if authorized in a formal License Agreement. Client represents, warrants and covenants that (a) Client will not distribute, transmit, display, disclose, publish or transfer the Licensed Data to any third party or reproduce or create derivative works based upon the same or any portion thereof; (b) neither Client nor any of its employees, subcontractors, other personnel or clients will attempt to reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to discover the source code of any software associated with the Licensed Data. Company reserves the right to suspend access to the Licensed Data (or a portion thereof) and to terminate this Agreement, for any breach or perceived breach in the terms & conditions of this agreement.

Proprietary Rights

All right, title and interest (including without limitation intellectual property rights) in the Licensed Data shall remain in Company and/or its suppliers. Client acknowledges the foregoing and will not take any action to jeopardize, limit, or interfere in any manner with Company’s or its suppliers’ ownership of such rights.

Compliance with Laws

Company provides Licensed Data for lawful purposes only and expressly forbids the use of the Licensed Data in an improper or unlawful manner. As Company is simply a provider of the data, the responsibility rests with Client to insure that their actions are in compliance with applicable Federal and State laws. Company has not processed the Licensed Data against State or Federal “Do Not Call” lists. This processing is the responsibility of the Client. Company is not liable for any fines, penalties, settlements, or legal judgments levied against the Client for improper or illegal use of phone, fax or email data. Client shall comply with all applicable federal, state and local laws, statutes, rules, regulations and ordinances (“Laws”), including, but not limited to, privacy, data protection and direct marketing Laws and Laws concerning facsimile and email transmissions, during the term of this Agreement. In addition to the foregoing, Client agrees that any and all use of Licensed Data by Client will and shall be in compliance with all applicable Federal and state laws, including without limitation the United States CAN-SPAM Act of 2003, as amended from time to time (“CAN-SPAM Act”).Client agrees to fully indemnify, defend, and hold harmless the Company, owners, officers, directors, partners, members, managers, employees, and their respective successors and assigns, from and against any and all claims, actions, suits, fines, penalties, liabilities, costs and expenses (including reasonable attorney’s fees, and other related expenses and costs) arising from or related to Client’s violation or alleged violation of the CAN-SPAM Act. In the event that Company determines that Client has violated any provision of the CAN-SPAM Act, Company reserves the right to terminate Client’s account status immediately and without the repayment of Fees. In the event that Company takes such action, Client may obtain a written explanation of the reasons behind the cancellation if explanation is requested from Company.

General Exclusion of Liability

Other than as set forth above, Company makes no other warranties, express or implied regarding products & services rendered. In no event shall Company be liable for lost profits, or any direct, indirect, incidental, special or consequential damages, whether foreseeable or unforeseeable. In no event shall Company liability exceed the invoice cost of products & services rendered.