Terms of use

 LAST UPDATE: August 19^th, 2024

These Terms of Use (“Terms”) are a legal agreement between AMAYS Money Properties LLC, (“AMAYS” or “LICENSOR” ) a company having its registered office at 13909 84^th Drive #1A, Briarwood, NY, 11435, and a dental doctor or administrative entity for dental doctor(s) agreeing to the terms herein (“Customer”, “You” , “you” or “LICENSEE” ). By using or accessing any part of DentalSocialFunds.com (the “Service”), You agree that You have read, understand, and agree to be bound by all of the terms and conditions contained herein. If You do not agree to these Terms, You must not use or access the Service. If You are entering into this Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms.

If you register for a free tier of the Service to review the Service, these Terms will govern that usage as well.

Description of Service

DentalSocialFunds.com is a marketing referral system designed to assist dental service providers in promoting their dental practice through large-scale referrals. Our service has established itself as a reliable mechanism for ensuring fully booked schedules, ranging from 90-100%, in urban areas for more than a week in advance for general dentistry practitioners. Additionally, other dental practitioners experience a significant surge, reaching near 80-100% booking capacity. The Service is offered and provided subject to these Terms and is intended solely for your business purposes. We operate our System with a ratio of one (1) general dentistry practitioner per 10,000 population.

Modifications

To the Service: AMAYS may make changes to the Service from time to time. AMAYS will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.

Purchase Orders: In the event that You issue a purchase order or other instrument used to pay Service Fees to AMAYS, any terms and conditions set forth in the purchase order which are in addition to those set forth in these Terms or establish conflicting terms and conditions to those set forth in these Terms are expressly rejected by AMAYS and superseded by the terms and conditions of these Terms.

Fees

During the initial trial period, the Customer is required to pay AMAYS the initial fees in full to obtain the service. The precise amount is specified in the exclusive offer to the Customer. This initial fee will be credited towards future payment for our service, with each new patient incurring a fee as outlined in the exclusive offer. The initial payment also represents a commitment to mutual success. If you are interested in becoming a Customer, please contact us via [email protected] and include a referrer’s name. Please note: We may offer a ‘Pay in Advance’ option, which is equivalent to the ‘Initial Payment’ term.

Use of the Service

Access to the Service: Access to the Service is restricted and available only to the Customer.

Customer System Requirements are specified in the Exclusive Offer.

Customization of Datasource(s): It is strongly recommended that all dental service providers thoroughly review the instructions provided on our web site after gaining online access. Upon submitting the initial payment, the Customer will receive two Word files with multiple choices, These files are copies of the PDF files listed on our website. The Customer is further required to select more suitable option from the provided choices.

License to Customer: Subject to Customer’s compliance with these Terms and Conditions including, without limitation, Customer’s payment of all applicable fees, AMAYS [LICENSOR] hereby grants Customer[LICENSEE] a revocable, non-transferable non-exclusive, non-sharible non-sublicensable license to access and use, the Service in connection with the dental services provided by LICENSEE to LICENSEE’s Users[patients].

Generally the LICENSEE will use the Service in accordance with LICENSOR’s terms and conditions. Upon registration on our website, the LICENSOR will grant free access to review Marketing Referral System DentalSocialFunds for a period of 7 (seven) days, unless otherwise specified in the written offer. To begin using the Service, the LICENSEE is required to submit an initial payment (refer to Exclusive Offer) during the review period. This payment will be credited towards future payment for the service, with each new patient incurring a fee amount specified in Exclusive Offer. AMAYS offers a 3 – year price guarantee for LICENSEEs who extend their License.

Corporate Offer: The LICENSOR’s corporate offer to provide the Service contains confidential information, including pricing, LICENSEE’s software requirements and etc.  For future reference, once you have agreed to accept the LICENSOR’s Corporate Offer and proceed to accept these Terms of Use, please consolidate both documents into a single comprehensive document.

The Initial Term of this License Agreement is one year and begins on [START DATE] the day LICENSEE registers on www.dentalsocialfunds.com and accepts the Terms of Use, and expires on the same day, one year later [END DATE], unless sooner terminated in accordance with its terms. As a result of the termination LICENSEE will lose access to their account on www.dentalsocialfunds.com and will be prohibited from using any content or any part of the content of Marketing Referral System dentalsocialfunds.com in any form. One License is valid for a single dental office location.

LICENSOR reserves the right to terminate accounts that remain unpaid and to collect fees for each new patient for the remaining period of the Initial Term. LICENSOR will provide Customer with prior notice of such termination by email.

Indemnification: LECENSEE agrees to indemnify, defend and hold harmless LICENSOR, LICENSOR’s affiliates, and their respective directors, officers, share or interest holders, employees, and agents from any and all claims threatened or filed by any person, agency or government, arising out of or related to LICENSEE’s dental/medical procedures and services.

Intellectual Property: LICENSEE hereby acknowledges and agrees that, subject to the limited rights granted hereunder, LICENSOR owns all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service. For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).

No Further Rights Granted. LICENSEE acknowledges that LICENSOR is the owner of all right and interest in the Service, including the goodwill represented thereby, and that LICENSEE’s use of the Service gives LICENSEE no ownership rights in the Service. LICENSEE covenants that it will not, directly or indirectly, challenge or assert any right, title or interest in or to the Service[Marketing Referral System].

Effect of Termination: Discontinuation of Use.  Upon the expiration or termination of this License Agreement, the LICENSEE must immediately cease all use of the Service (Marketing Referral System) and its content.

Confidentiality. Generally each party acknowledges that during the Term of this Agreement, such party may have access to and become acquainted with information of a confidential, proprietary and secret nature belonging or pertaining to the other party, its business or its customers or their businesses (the “Confidential Information“).  Each party hereby agrees not to directly or indirectly use, reproduce, make known or otherwise disclose to any person or entity for any purpose whatsoever, except with the express written permission of the other party, any of such other party’s Confidential Information, except as permitted by this Agreement. Exclusions. Each party’s obligation of confidentiality will not apply to any information which (i) is or becomes public information through no fault of the receiving party; (ii) is disclosed to the receiving party by a third party entitled to disclose it; (iii) is already known to the receiving party prior to receipt from the disclosing party; (iv) is developed by the receiving party independently of the information furnished to the receiving party by the disclosing party; or (v) the receiving party is required to disclose pursuant to court order or other legal requirement, provided that the receiving party promptly notifies the disclosing party of such requirement and reasonably cooperates with the disclosing party to minimize the extent of such disclosure.

Miscellaneous.

1. Personal Agreement. This Agreement is personal to LICENSEE.  LICENSEE therefore may not assign or transfer any of its rights or obligations under this Agreement, by change of control, operation of law, or otherwise.  Any attempt to do so is null and void. 
2. No Agency. The relationship created by this Agreement is solely that of licensor-licensee.  This Agreement does not constitute LICENSEE as, and LICENSEE shall not act as or cause persons to believe that LICENSEE is the agent or representative of LICENSOR or that LICENSOR is responsible in any way for LICENSEE’s obligations.
3. No Waiver. Any failure by LICENSOR to enforce any provision of this License Agreement shall not constitute a waiver of LICENSOR’s rights herein.
4. New York Law Governs; New York Courts Exclusive Forum. This Agreement and any matter arising under or related to it, is to be governed by the law of the State of New York, United States of America, as if this License Agreement were made in and performed entirely in the State of New York, and without regard to any law that would lead to the application of any other jurisdiction’s laws. 
5. Invalid or Unenforceable Provisions: If any provision of this Agreement shall be construed to be invalid or unenforceable, it shall not affect the legality or enforceability of any other provisions of this Agreement and the invalid provision shall be deemed deleted from this Agreement but all other provisions of this Agreement shall remain in full force and effect.
6. Entire Agreement. This License Agreement together with Corporate Offer sets forth the entire agreement between the parties.  This Agreement may not be amended or modified except by written instrument, signed by the party against whom such modification or amendment is to be enforced.  This Agreement is binding upon the parties hereto and their respective successors and assigns.

Restrictions on Use

Restrictions on Use of DentalSocialFunds: In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:

1. rent, lease, sell, assign or otherwise transfer rights in or to the Service;
2. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service;
3. use the Service for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
4. otherwise use of the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws);
5. process or store any content on or through the Service that is subject to the International Traffic in Arms Regulations maintained by the Department of State.

This list of prohibitions provides examples and is not complete or exclusive.

AMAYS reserves the right to suspend or terminate your access to Service for any action that AMAYS determines is inappropriate or disruptive to the Service or to any other user of this Service.

Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.

You agree to indemnify and hold AMAYS and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) AMAYS or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Service or the use of Service by any person using your account violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Suspension

AMAYS reserves the right to suspend or terminate Customer’s access to the Service with or without notice if AMAYS reasonably determines that:

(a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, AMAYS, Customer, or any user of the Service;

(b) Customer’s or its users’ use of the Service poses a security risk to the Service or any user of the Service, may harm or may subject AMAYS or any third-party to liability;

(c) Customer’s or its users’ are using the Service for fraudulent or illegal activities;

(d) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;

(e) Customer or any User is using the Service or other AMAYS property in breach of this Agreement;

or (f) Customer is in default of its payment obligations hereunder (collectively, “Service Suspensions”). AMAYS will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer.

Refund

Payments made in error, or a mistake was made in your payment amount, you may request a refund from AMAYS at any time. All refunds will be processed back to the original form of payment.