Divergent Dental Resources, LLC (“Divergent”) Terms of Service (“TOS”) for Automated Reporting Service
1. Products & Services
Automated Reporting by Divergent offers a selection of Key Performance Indicator, Metrics-based dashboards and additional reports for dental practices allowing the practice to analyze and grow. Full descriptions of which reports are included with each tier of service are available on Divergent’s product pages.
2. Payment Terms
Products and services are provided on a month-to-month or annual basis dependent upon which product the practice has selected. Each has an associated fee which requires payment in full via credit card or debit card at the beginning of the billing cycle. Payments must be setup on a recurring, automated charge with Divergent’s payment processing service. Payments will be automatically charged unless the client gives Divergent written notice of cancellation (see section 5).
3. Guarantee of Service
If the client is not satisfied with the products and services within the first 14 days of his/her original term a full-refund of the the monthly fee will be credited to the client’s method of payment. After the original 14 days has passed, all payments are non-refundable.
4. Timeline of Service
After the client’s initial payment is processed, all required software associated with the services will be installed on the client’s server within 10 business days. The initial billing cycle date will commence upon delivery of the first report to the client.
Divergent reserves the right to terminate this license at any time, with or without cause. If Client wishes to terminate service notice must be given by email to firstname.lastname@example.org. No refund will be issued if the the request to terminate is submitted more than 14 days after the original billing cycle date.
6. Duration of Agreement
The license is a perpetual agreement that automatically renews at the beginning of each client’s billing cycle unless license is terminated by either party.
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
You agree to indemnify and hold harmless Divergent and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, or (b) your breach of any of these Terms.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVERGENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; OR (B) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DIVERGENT’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Divergent, you agree to first contact us and attempt to resolve the dispute with us informally. If Divergent has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Divergent agree otherwise, the arbitration will be conducted in Denton County, Texas. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DIVERGENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY, TRIAL BY JUDGE, OR TO PARTICIPATE IN A CLASS ACTION.
11. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Denton County, Texas or the United States District Court for the Northern District of Texas, for any actions not subject to Section 10 (Arbitration). Divergent’s Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.