Patients4you Dental Marketing
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Terms of Service

TERMS OF SERVICES
      
SHOULD YOU DESIRE TO RETAIN THE SERVICES OF PATIENTS 4 YOU, IT IS NECESSARY TO ENTER INTO THE PARTICIPATION AGREEMENT (“AGREEMENT”) PROVIDED BELOW. 

PLEASE READ THE AGREEMENT CAREFULLY BEFORE CONTINUING.  THE AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND PATIENTS 4 YOU.

BY CLICKING THE [NEXT STEP] ICON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING YOUR DUTY TO NOTIFY PATIENTS 4 YOU OF ANY APPLICABLE LAWS OR REGULATIONS THAT MAY IMPACT YOUR RELATIONSHIP WITH PATIENTS 4 YOU AND THAT YOU AGREE TO BE LEGALLY BOUND BY THE AGREEMENT.

BY CLICKING THE [NEXT STEP] ICON, YOU FURTHER:

➢            AGREE TO ENTER INTO THE AGREEMENT ELECTRONICALLY.

➢            CONSENT TO RECEIVE NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS, INCLUDING BUT NOT LIMITED TO THE PARTICIPATION AGREEMENT SET FORTH BELOW (COLLECTIVELY, “NOTICES”) FROM US ELECTRONICALLY. YOU CONSENT TO RECEIVE NOTICES ELECTRONICALLY IN EITHER OR BOTH OF THE FOLLOWING WAYS:
•            We may post the Notice on Our Website at lms.patients4you.com; or
•            We may transmit the Notice to You by email. 

➢            ALL NOTICES PROVIDED TO YOU ELECTRONICALLY SHALL BE DEEMED TO BE “IN WRITING.” YOU ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO RECEIVE NOTICES ELECTRONICALLY IS BEING PROVIDED IN CONNECTION WITH A TRANSACTION AFFECTING INTERSTATE COMMERCE THAT IS SUBJECT TO THE FEDERAL ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, AND THAT WE BOTH INTEND THAT THE ACT APPLY TO THE FULLEST EXTENT POSSIBLE TO VALIDATE OUR ABILITY TO CONDUCT BUSINESS WITH YOU BY ELECTRONIC MEANS.

➢            IN ORDER TO RECEIVE NOTICES ELECTRONICALLY FROM US, YOU MUST HAVE:
•            An Internet browser, such as Internet Explorer 4.0 or greater or Mozilla Firefox 1.0 or greater;
•            An email account and email software;
•            A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing;
•            Sufficient electronic storage capacity on Your computer’s hard drive or other data storage unit; and
•            A printer that is capable of printing from Your browser and email software. 

➢            YOU MAY GIVE NOTICE TO PATIENTS 4 YOU, OR WITHDRAW YOUR CONSENT TO ELECTRONIC COMMUNICATION AT ANY TIME BY LETTER DELIVERED BY FIRST CLASS U.S. MAIL, POSTAGE PREPAID, OR OVERNIGHT COURIER TO THE FOLLOWING ADDRESS:

Patients4you                                                                                   
5330 North 12th Street Suite 202                                                                                   
Phoenix, AZ 85014                                                                                   
Attn: Erik Kline
Or by e-mail via the following address: erik@patients4you.com

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS EXIT THE WEBSITE NOW. 

 

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Patients4you Participation Agreement

This Agreement is made and entered into by and between Patients 4 You, LLC, an Arizona limited liability company, 5330 N 12th Street, Suite 202, Phoenix, Arizona 85014, Telephone: 1-888-404-3882, Fax: 1-888-215-4498, Email Address: erik@patients4you.com (the “Company”) and  You (also referred to as “Participant”). This Agreement is effective as of the date You click on the [Next Step] icon.
           
Whereas, the Company has created and designed a unique internet dental marketing and advertising program as a means of attracting patients for dental practices (“Program”);

Whereas, the Company has expended substantial time, effort and resources in the design of the Program which has the potential of reaching out to prospective patients;

Whereas, the Program is a pay-for-performance marketing system for promoting marketing and advertising your dental services to potential patients;

Whereas, the Company is creating an important brand of awareness for its Program available on a localized basis to prospective patients seeking dental services.

NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties agree as follows:

1. Agreement. The Company hereby grants to you the right to participate in its Program with the limited non-exclusive right to use the Program, all subject to the terms and conditions of this Agreement. You agree and acknowledge that all documents, marketing materials, logos, and resources relating to the Program are and remain the property of the Company.

2. Term. The term of this Agreement shall be for one (1) year from the date hereof. Thereafter, the term of this Agreement shall automatically renew itself for additional one (1) year periods subject, however, to the termination by either party upon forty-eight (48) hours written notice to the other party.

3. Compensation.

You will be charged on a per consultation basis for each service you have selected:

Emergency: $125 per consultation

Weekend: $125 per consultation

Invisalign: $250 per consultation

Dentures: $199 per consultation

Inman Aligner: $99 per consultation

Your marketing and advertising fee for the Program is payable through your credit/debit card. Your credit card will be charged at the beginning of the month for all patients generated the previous month. There is in addition, a one time initial start up fee of $99. The initial installation and set up fee will be payable upon the execution of this Agreement

You must account for every lead generated by Patients4you via the online Lead Management System (LMS). Your credit card will be charged at the beginning of the month for the previous months’ patients. The Company shall have the right to audit the accuracy of the information entered into the LMS. If during the auditing process Patients4you discovers that a lead entered into LMS as “not examined” was in fact examined, the $125 per patient fee will be assessed and the participation agreement will be terminated immediately. To ensure accuracy, all contacts/leads not accounted for by the end of each business week will incur a one time $5 late entry fee. All contacts/leads not fully accounted for by the end of the month will be presumed to represent a generated patient and will incur the normal correlating per patient fee.

4. Independent Contractor. It is the express intent and understanding of the parties that the relationship between the Company and You is that of an independent contractor. You shall not be deemed an employee or servant of the Company and nothing in this Agreement is intended to create a partnership and/or joint venture or any other relationship other than an independent contractor relationship between the parties. Any patient seen by You through this Program is solely and exclusively Your  patient . You have total discretion to turn down a patient and not see that patient. You have total discretion to charge and provide such service as you deem professionally appropriate, consistent with the applicable standards of care. You will treat that patient for all purposes as your patient and will look to the patient for payment of any charges for your services.

5. Duties of the Company. The Company will provide the following services:
(a) Maintain marketing and advertising strategies, internet website, and related programs which are accessible to potential dental patients more fully described in Exhibit “A” found here http://patients4you.com/docs/exhibitA.pdf;
(b) Set up and pay for call monitoring service;
(c) Prepare and make available access to the Lead Management System and documents relating to your implementation of the Program; and
(d) Record phone calls for quality assurance and auditing purposes;

6. Eligibility of Participant. To be eligible to participate in the Program, You acknowelge and confirm that You are :

(a)            Currently licensed in the state in which you practice;
(b)            Maintain professional liability insurance for the practice of dentistry with a minimum coverage of $1,000,000 per occurrence and $3,000,000 aggregate;
(c)            Have no or have not had any state dental board disciplinary action in the last ten (10) years; and
(d)            Agree to immediately notify Company of any circumstances that would change Your eligibility or legal ability to participate in the Program. 

By entering into this Agreement, You agree to notify Company promptly if there are any changes to the above conditions.  You acknowledge that the failure to comply with any of the conditions set forth in this Section constitutes a breach of the Agreement and Company may terminate Agreement immediately. Further, You may not impersonate any person or use a name that is not legally authorized. You acknowledge that the Company can verify your submittal by obtaining information about you from time to time. The Company will evaluate your completed application and will notify you of your acceptance or rejection in the Program. The Company may reject your application as determined in its sole and absolute discretion and for any reason whatsoever.

As a part of the application process, you must provide written confirmation that you are fully licensed to practice as a dentist in your jurisdiction, that you hold a current license which is not revoked or suspended and that you have not been subject in the last ten (10) years to any disciplinary proceeding by any licensing or accrediting body. If you are holding yourself out in an area of specialty, you must provide credentials supporting your qualifications. You warrant that all of the information submitted to the Company is true, complete and accurate.

7. Obligations of Participants. You represent, acknowledge, and warrant that:
(a) you are soley responsible for providing quality dental care and meeting the applicable standard of care for your services;
(b) any advertising and marketing information that you provide for the host website is true and accurate in all respects;
(c) you are properly licensed and qualified in the jurisdiction of your practice and have a current license which license has not been suspended or revoked and that in the past ten (10) years you have not been subject to any disciplinary action by any licensing or accrediting body;
(d) any certifications or specialties are true and accurate and have been earned by you as the holder of those certifications or specialties and they have not been revoked;
(e) you have up to date facilities and equipment for the treating of all patients and that you have adequately trained your staff to provide services to prospective Program patients;
 (f) you will treat and provide services to Program patients in a professional manner consistent with the applicable standard of care;
(g) if you are a corporation or a business entity, you are duly organized and existing under the State law and have all the requisite power and authority to execute, deliver and perform all of
the obligations under this Agreement;
(h) you will comply with all federal, state and local laws and regulations applicable to you and your profession at all times;
(i) you are solely responsible and will notify Program of any laws or regulations as they relate to Program Please note that each state has its own statutes and regulations (including but not limited to dental advertisement rules or regulations governing when referral services are permitted) it is your duty to notify Company of any legal requirements as related to Program.  If a legal requirement requires a change of content to website, Company shall reasonably implement such change upon receiving written notice from you.
(j) you acknowledge that the Program is not meant to be used in relation to patients participating in government programs (i.e., Medicare, Medicaid, or State assisted programs).  Should Program put you into contact with a patient participating in a government assisted program it is your duty to notify Company.

8. Rights of Participant. You and your office staff are solely responsible for all patient services rendered by you. You have a right to decide which prospective Program patient you see and how many new patients you want to examine/treat and your criteria for choosing patients. You understand and acknowledge that the Company does not guarantee that a patient will appear at the time and place of the scheduled appointment nor is the Company in any way responsible for the dental services rendered by you and you will look solely and exclusively to the patient for the payment of those services. If there are any complaints rendered by a Program patient, you will prepare an appropriate response to that complaint directly to the patient with a copy to the Company.

9. Liability and Indemnity. Participant hereby agrees to indemnify and hold Company, and its officers, directors, employees, and agents, harmless from and against any and all claims, actions or proceedings of any kind and any losses, costs, damages, liabilities or expenses (including, but not limited to, reasonable attorneys’ fees at all levels of trial and appeal) incurred by, imposed upon or asserted against Company, and its officers, directors, employees, and agents, resulting from or in connection with (i) any intentional, grossly negligent or negligent acts or omissions of Participant, or any of its shareholders, officers, directors, employees, contractors, or agents; (ii) any misrepresentation or breach of any warranty made by Participant under this Agreement, including but not limited to Participant’s failure to disclose to Program legal regulatory requirements imposed upon Participant; (iii) the breach of any covenant, agreement, or obligation of Participant under this Agreement; and (iv) any act or omission from Participant, Participant employees, agents and/or subcontractors in the performance of dental services, including but not limited to professional misconduct, negligence or intentional acts or omissions for any Program patient.

10. Termination. The Company and Participant may terminate the Agreement at any time without cause, upon providing forty-eight (48) hours notice to the other party. Upon termination or expiration of this Agreement, Participant shall immediately return all confidential information, documents, product samples and material including all demos and equipment to the Company. Termination or expiration of this Agreement shall not affect any liabilities or obligations, including without limitation, payment and indemnification obligations, which arose pursuant to the terms of this Agreement prior to the termination or expiration thereof.

11. Disclaimer. The Company disclaims any warranties or representations regarding the Program’s marketing and advertising. The Program is provided to the Participant with no warranty of any kind. The Company expressly disclaims all warranties, express or implied, regarding the services, advertising and all communications through the Program services, including any implied warranty of quality, availability, merchantability, fitness for particular purpose or non-infringement. In addition, the Company makes no representations that the content of any materials for advertising will be error free. Under no circumstances shall the Company, its employees and agents be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the Program. Further, the Participant acknowledges that it has made no reliance upon any representation relating to the amount of revenues or potential patients which may be seen by Participant as use of the Program. The Company makes no representation that the operation of its site will be uninterrupted or error free and will not be liable for the consequences of any interruptions or errors. The Company will take reasonable steps to clear the interruption of the website or if it is unable to do so, Participant may cancel this Agreement. The Company reserves the right to change, modify and delete any content on its website in its sole and absolute discretion. The Company reserves the right to approve all content on the website.

12. Waiver. Failure of either party to insist upon strict compliance with any terms, covenants and conditions of this Agreement shall not be deemed a waiver of such terms, covenants or conditions of this Agreement.

13. Binding Effect. This Agreement and the terms and provisions thereof shall inure to the benefit and be binding upon the parties, their respective successors, heirs and personal representatives. Participant shall have no right to assign this Agreement or any of his/her rights or obligations hereunder to another party or parties except that Participant shall have the right to assign the Agreement to a wholly-controlled entity or wholly-owned affiliate of Participant upon the written permission of the Company.

14. Headings. The headings in this Agreement are inserted for convenience and identification only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any provisions hereof.

15. Notices. Whenever under the terms of this Agreement either party gives or is required to give notice to the other, that notice shall be deemed to be given when one party sends notice to the other by first-class mail, confirmed fax or confirmed email. The date of mailing or faxing to the other party shall be deemed to be the date of the notice. Notice shall be given to the parties at the addresses set forth on page 1 of this Agreement. Either party can change the place of notice by giving the other party written notice as provided herein of such changed address.

16. Severability. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.

17. Arbitration. Any dispute arising out of, in connection with or related to this Agreement shall be brought in the judicial tribunal having jurisdiction thereof and the parties agree that any and all other disputes arising of or in connection with or related to this Agreement shall be determined and settled by binding arbitration. The binding arbitration shall take place in Phoenix, Arizona in accordance with the rules of the American Arbitration Association and the parties agree and confirm that Arizona law shall be applicable to all disputes under this Agreement. Any award by the arbitration panel shall be final and conclusive as to all issues determined and shall be enforceable by any court of law. For all arbitration proceedings, each party shall pay for its own attorneys’ fees and costs notwithstanding any law or right and each party shall pay one-half (½) of the costs of arbitration. It is specifically agreed that no compensatory, exemplary or punitive damages of any kind shall be made as a part of any arbitration award.

18. Miscellaneous. This is the entire agreement of the parties hereto and supersedes all previous agreements and understandings, whether oral or written, relating to the subject matter hereof, and shall not be changed or modified orally but only upon written notice in the manner first above described. This agreement shall be construed by and shall be governed in accordance with the laws of the State of Arizona, except as modified specifically herein. All exhibits attached hereto are incorporated herein and are a part of this agreement. And all provisions of the exhibits are enforceable obligations of the respective party.

 

 



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