Terms of Service

Thank you for choosing DentalQore, LLC, for your online marketing and web design needs. Please read the following Disclaimer, Terms of Service and Privacy Statement (“Terms of Service”) carefully as they apply to and govern, all transactions between DentalQore, LLC and its Clients. DentalQore, LLC reserves the right to change or modify these Terms of Service at any time. If you have questions, please contact DentalQore, LLC at the address, email address, or telephone number below.

TERMS AND CONDITIONS

  1. DentalQore . DentalQore, LLC formerly Business Promotion, Inc. d.b.a. BPI, (hereinafter “DentalQore”) offers its web design and marketing services exclusively subject to these Terms of Service. Unless otherwise stated, the term “DentalQore” includes employees of DentalQore as well as its authorized agents, contractors, and third parties whose services or products are part of DentalQore’s services and products.
  2. Clients.      All references to “You,” or “Client” mean the purchasers or users of DentalQore services and products; anyone who has signed any contract with DentalQore, whether stylized Purchase Agreement, Payment Agreement, Sales Agreement, DentalQore Agreement, Marketing Agreement or any other contract for services (hereinafter the “DentalQore Agreement”), as well as any individual authorized by Client to conduct business with DentalQore on Client’s behalf (an “Authorized User”).
    1. Client Bound by Terms of Service.         By using DentalQore’s website, any websites designed by DentalQore, any of DentalQore’s services, products, or materials or by executing any DentalQore Agreement with DentalQore, Client agrees to be bound by these Terms of Service to the fullest extent allowable under law.  Client further agrees to be bound by the terms of Client’s DentalQore Agreement entered between the parties.
    2. Designated Authorized Used.       Client may designate to DentalQore an Authorized User in writing to allow an individual to access Client’s account or otherwise make decisions regarding design, services, or billing.  Unless expressly revoked in writing by Client, an Authorized User has the authority to renew contracts, contract for new services, order changes, or otherwise access or control Client’s account with DentalQore.  Unless otherwise notified in writing, DentalQore is entitled to rely on the written or oral representations of an Authorized User in the performance of its contracted services and Client agrees to indemnify and hold DentalQore harmless for any actions taken by an Authorized User.
  3. DentalQore’s Services and Products. In addition to Client’s DentalQore Agreement, these terms govern the process of creating and maintaining Client’s website, including the design, static and video imagery, written content, and other marketing materials and services.  References to a “website”, “Client’s website”, or “Client’s site” including any website designed for Client by DentalQore, as well as all associated domains, content, social media content, blog posts, video, static imagery, analytics, third party services, advertising, and any other design, engineering, maintenance, or marketing services provided to Client by DentalQore.  Except as specifically provided or designated herein, any reference to “Client’s Website” or similar references herein do not create, whether directly or indirectly, any ownership rights to said website(s) or its content for Client.  Rather, Client’s rights to said website(s) and its content are circumscribed to a limited license to use of said website(s) and its content in accordance with terms of Client’s DentalQore Agreement and these Terms of Service.
    1. Timelines.    DentalQore will endeavor to design, build, and launch Client’s website according to the design and implementation schedule set forth in Your DentalQore Agreement.  However, any timeline set forth in Client’s DentalQore Agreement is guideline and may be altered based on the complexity of the website, delays for custom graphic or video production, Client’s alterations or delays, nonpayment, or circumstances not foreseeable by DentalQore or beyond DentalQore’s control. Though DentalQore will make its best efforts to complete Client’s website in accordance with said timeline, and work to resolve any issues in accordance with our Satisfaction Guarantee, DentalQore bears no liability for any delays, and has no obligation to provide any compensation in the event of said delays.
    2. Client Alterations and Delays.     If Client elects to make alterations to existing content or design which has previously been approved, DentalQore reserves the right to charge any costs incurred for the alterations to the Client’s account. If Client causes a delay in production through action or inaction, DentalQore reserves the right to revise the timelines, move forward with production without Client’s consent, or take other action to ensure that DentalQore’s obligations are met.
  4. DentalQore Guarantees. Depending on Client’s DentalQore Agreement, Client may be eligible for certain guarantees from DentalQore.  DentalQore may alter or change any DentalQore Guarantee upon 15-days written notice to Client.  Currently, DentalQore is offering the following guarantees:
    1. Satisfaction Guarantee.       DentalQore cannot guarantee the performance outcomes of any website or service, however, provided Client is in compliance with the terms of Client’s DentalQore Agreement and these Terms of Service, DentalQore guarantees it will continue to refine and revise Client’s website until Client is satisfied with its design, layout and functionality.
    2. Performance Guarantee. If Client’s DentalQore Agreement includes the Performance Guarantee, after Client’s first 12 payments have been timely made and received, Client is otherwise in compliance with Client’s DentalQore Agreement and these Terms of Service, and subject to the conditions set forth below, Client is eligible for DentalQore’s Performance Guarantee, as follows:
      1. If Client is not satisfied with the number of phone inquiries and appointment requests generated by Client’s Website, Client must notify DentalQore in writing that Client wants to exercise DentalQore’s Performance Guarantee.
      2. Once DentalQore’s Performance Guarantee Request has been received, DentalQore will begin an evaluation period of up to 90 days (usually less) during which time it will gather data regarding website traffic and the phone inquiries and appointment requests generated from that traffic.
      3. To exercise DentalQore’s Performance Guarantee, Client must allow DentalQore to install a tracking phone number on Client’s website(s) to collect call data, and Client must utilize DentalQore’s online appointment request features, including the “request an appointment” feature button.
      4. DentalQore may in its sole discretion waive Client’s monthly payment during the evaluation period.
      5. If, after the evaluation period, DentalQore in its sole discretion agrees that the level of traffic and the number of phone inquiries and appointment requests is not satisfactory, DentalQore will at its cost, work to optimize the design, content, and optimization of Client’s website to increase traffic, phone inquiries, and appointment requests, and will waive Client’s monthly payment for up to 90 days while optimization work continues. At no time during the evaluation or optimization periods will Client’s monthly payments be waived for more than 90 days total.
      6. Other Performance Guarantee Conditions. DentalQore is under no obligation to perform evaluation or optimization work under DentalQore’s Performance Guarantee, nor to waive any payment, if any of the following conditions exist or arise:
        1. Client does not authorize DentalQore to install a tracking phone number to evaluate the number of phone inquiries;
        2. Client does not utilize DentalQore’s “request an appointment” button or other appointment request features on Client’s site(s), or Client utilizes appointment request features from any other provider;
        3. Client does not allow DentalQore full design, creative, and content control over Client’s website for optimization;
        4. Client moves its website to a host other than DentalQore’s servers;
        5. Client redirects its primary marketing domain away from DentalQore’s servers or allow it to expire;
        6. Client allows anyone other than DentalQore to make changes to Client’s website;
        7. Client has a pre-existing or additional website competing against the website DentalQore has built for Client;
        8. Client has a late, returned, or defaulted payment or other outstanding balance on its account which has gone unpaid for more than 30 days; or
        9. Client takes any other action which would undermine or nullify the effect of Client’s website in generating web traffic to Client’s website, phone inquiries, and appointment requests.
  5. Content, Design, and Other Services.  DentalQore offers a variety of products and services.  DentalQore may alter or add new products or services at any time, or may cease to offer certain products or services at any time and without prior notice to Client. DentalQore makes no guarantee that any particular product or service will be available beyond the Initial Term (as defined in Client’s DentalQore Agreement).  Current limitations on certain products and services are as follows:
    1. Written Content and Placement Service. Unless otherwise agreed in writing, if Client purchases this service, DentalQore will create up to 5000 words of custom written content for Client’s website based on the information Client provides to DentalQore. DentalQore will also include standardized content describing various services or procedures offered by Client. Client (and not DentalQore) is responsible to review Client’s website and its content to ensure compliance with all applicable State and Federal laws. Client is responsible to provide DentalQore with any necessary or applicable disclosures, notices or advisements. DentalQore shall indemnify and hold DentalQore harmless from and against any claims, liabilities, damages and costs (including but not limited to DentalQore’s attorney’s fees and costs incurred) arising from or related to the use, display, posting, publication, marketing or any other use of Client’s website and its content. Please note, this service does not include providing any content blog posts
      1. If Client does not purchase this service, Client must provide its own written content for Client’s Website, including any necessary or applicable disclosures, notices or advisements. DentalQore is not responsible for any content, information, or any errors or omissions in any content Client provides to DentalQore. All content submitted to DentalQore must be submitted in the formats requested by DentalQore and received by DentalQore in a timely manner
      2. Client (and not DentalQore) is solely responsible to ensure that any content created or provided by Client complies with all applicable State and Federal laws, including but not limited to all copyright, trademark and defamation laws and shall indemnify and hold DentalQore harmless from and against any claims, liabilities, damages and costs (including but not limited to DentalQore’s attorney’s fees and costs incurred) arising from or related to, the display, posting, publication, marketing or any other use, of said content submitted by Client.
      3. Notwithstanding the foregoing and without waiving any rights, DentalQore reserves the right to reject any content which, in DentalQore’s sole discretion, DentalQore deems to be offensive, abusive, inappropriate, libelous, false, or a breach of any reserved rights or laws, including copyrighted or trademarked materials.
    2. Stock Media .  DentalQore owns or licenses a large library of stock video and imagery. Client agrees that DentalQore may utilize stock videos and imagery in creating Client’s website and any related content, and that DentalQore may purchase additional video or imagery as necessary to complete Client’s website, but DentalQore is not obligated to do so.  Client agrees that any additional video or imagery purchased at Client’s request or on Client’s behalf belongs to or is licensed to DentalQore, as applicable, even if purchased at Client’s expense.  Client agrees that it will make no claim of ownership, copyright or trademark of any stock video or imagery regardless of the source.
    3. Custom Media.  If Client purchases this service, DentalQore will produce, or cause to be produced, additional video or static imagery exclusively for use on Client’s website unless otherwise agreed to in writing (“Custom Media”). Production of Custom Media requires a high degree of coordination between Client and DentalQore’s custom media team.
      1. If Client purchases this service, Client agrees that it will make all reasonable efforts to ensure that Client’s personnel, facilities, equipment, and any patients (if applicable) are made available for filming and production according to the schedule set forth by DentalQore.  Client agrees to secure all necessary releases from personnel, patients, and any owner of the facilities in which filming is to occur in a form acceptable to DentalQore.  Client agrees that DentalQore has no obligation to perform any production of Custom Media without the releases specified above and without the execution of a production agreement in a form acceptable to DentalQore.
      2. Client agrees to indemnify and hold DentalQore harmless for any claims, liabilities, damages and costs arising from or related to, the use or publication of any Custom Media, including, but not limited to, filming or photographing at Client’s facilities, filming, photographing or otherwise utilizing the voice, media or likeness of related to any individual, image, or other media not directly hired by DentalQore to appear in Client’s Custom Media.  Client agree that DentalQore holds all title and copyright to any Custom Media produced, and DentalQore is under no obligation to relinquish any media or rights upon termination of services or at any other time.
    4. Other Client-Submitted Content.  Any and all content submitted to DentalQore must be submitted in the formats requested by DentalQore and received by DentalQore in a timely manner.
      1. Client (and not DentalQore) is solely responsible to ensure that any content created or provided by Client (including but not limited to, written material, video, audio, static imagery or other content) complies with all applicable State and Federal laws, including but not limited to all copyright, trademark and defamation laws and shall indemnify and hold DentalQore harmless from and against any claims, liabilities, damages and costs (including but not limited to DentalQore’s attorney’s fees and costs incurred) arising from or related to, the display, posting, publication, marketing or any other use, of said content submitted by Client.
      2. Notwithstanding the foregoing and without waiving any rights, DentalQore reserves the right to reject any content which, in DentalQore’s sole discretion, DentalQore deems to be offensive, abusive, inappropriate, defamatory, false, or a breach of any reserved rights, including copyrighted or trademarked materials.
  6. Hosting.  Client websites are hosted only on DentalQore servers.  DentalQore is under no obligation to provide website files, design, or content if a contract for the website is terminated, or the website is relocated to a different host.  DentalQore makes no representations or guarantees that Client’s website will function properly if relocated to a different host, and DentalQore is not liable for any downtime, errors, security issues, or other failures or damages arising from Client’s decision to relocate a website to another host.  DentalQore retains the right to assess reasonable fees for any transfer of a domain name to a host other than DentalQore.
  7. Website Load Speed.  DentalQore utilizes a Google Developer tool known as a site speed checker to monitor and maintain a performant site on Client’s behalf.  DentalQore is under no obligation to provide a minimum site speed score based on the Google Developer site speed tool, but will take reasonable steps to code Client’s website in a way that allows the site speed check to come back with a higher-than-average score. Client understands that from time to time, Google will update and change the criteria by which they gauge the measure of a fast-loading website.  When this happens, within a reasonable time, DentalQore will update Client’s website’s code to better align with Google’s newest site loading speed criteria.  Client further understands that any additional plugins Client requests may lower the page speed score beyond the desirable range of scores for Client’s website’s performance.
  8. Payment.  DentalQore will bill Client monthly for services provided in the amount set forth on Client’s DentalQore Agreement or as thereafter adjusted.  Because of the time intensive nature of DentalQore’ services, DentalQore requires an written contract with Client before beginning work on Client’s site.  Unless otherwise specified in Client’s DentalQore Agreement, billing begins 60 days from the date Client executed Client’s DentalQore Agreement.
    1. Monthly Payments.  Payments are due each month on the day specified in Client’s DentalQore Agreement.  If no day is specified, payments are due on the 1st day of each month and are late if not received by the 5th calendar day after the payment is due.  Late payments will be subject to a late fee of 25.00 and will incur interest at a rate of 1.5% per month until paid.
    2. Checks and Returned Check Fees.  Payments made by check must be received by the due date. Checks should be made payable to “DentalQore, LLC,” and should be mailed directly to DentalQore at the address below.  Returned checks are subject to a returned check charge of $25.00 or the maximum charge allowable by Utah law, if that is greater.
    3. Automated Payments.  DentalQore offers automated monthly payments by credit card, debit card, or electronic check (ACH).  By providing credit card, debit card, or electronic check information, Client authorizes DentalQore to utilize that information for automated payments each month until Client’s account information changes or Client notifies DentalQore in writing to utilize a different payment method. Automated payments are debited from the account specified by Client monthly on the date Client’s payment is due.  Client must notify DentalQore of any changes to the account from which Client’s payment is debited no less than 10 business days prior to the date Client’s payment is due.  Client agrees to ensure DentalQore has current and valid account information, and that sufficient credit or funds are available to cover all automated payments.  If an automated payment is returned or denied, Client must submit payment in full within 10 business days to avoid Client’s website being suspended.  If Client agrees to automated payments for any third-party services, DentalQore will also charge payment for those services to Client’s account monthly on Client’s payment date.  Any automated payments to third parties for utilities or services for Client’s website are non-refundable.  Automated payments for third party services can be cancelled or changed only with 30 calendar days’ notice.
  9. Agreement Term(s).  Unless otherwise specified in writing or in Client’s DentalQore Agreement, Client’s DentalQore Agreement has an initial term of 14 months from the date Client executed Client’s DentalQore Agreement.
    1. Renewal Term(s).  After the initial term of Client’s DentalQore Agreement, Client’s DentalQore Agreement will automatically renew for an additional twelve (12) month period (a “Renewal Term”) at the rate as hereafter adjusted.  Thereafter, Client’s DentalQore Agreement will continue to automatically renew for additional twelve (12) month Renewal Terms following the completion of the then current Term at the rate as hereafter adjusted.  In the event Client does not wish to renew Client’s DentalQore Agreement for an additional Renewal Term, Client must provide DentalQore with written notice of cancellation at least 30 calendar days prior to the completion of the then current Term of Client’s DentalQore Agreement.
    2. DentalQore may cancel this Agreement with Client in the same manner or in the event of Default as set forth herein.  Acceptable written cancellation notices shall be directed to the “DentalQore Retention Team” and may be sent by email at Billing@DentalQorehelpdesk.com, by fax at 866-936-3962, or by mail at 1261 South 820 East, Suite 100, American Fork, Utah, 84003.
    3. Subsequent to the Initial Term (as defined in Client’s DentalQore Agreement), DentalQore reserves the right to alter any products or services provided, its pricing structure or any other terms of Client’s DentalQore Agreement upon 15 calendar days’ written notice to Client.
  10. Default.  If Client fails to make any payment within 10 calendar days of the payment due date, Client will be in default of Client’s DentalQore Agreement. Client will also be in default if Client fails to comply with these Terms of Service or with any other terms of Client’s DentalQore Agreement.  DentalQore reserves the right to suspend and make unavailable any website associated with an account in default.  In addition to any of the remedies set forth below, if Client continues in default for 30 calendar days, DentalQore reserves the right to declare Client the entire amount owing under Client’s DentalQore Agreement immediately due and payable.  Any amounts in default will bear interest at a rate of 1.5% per month, and payments made on delinquent balances will be applied to the oldest balances first.
  11. Remedies.  If Client is in default, DentalQore will have all of the remedies available by law, in equity, and/or by these Terms of Service or Client’s DentalQore Agreement. Those remedies include, but are not limited to: (1) liquidated damages, in a sum equal to the total amount owed under Client’s DentalQore Agreement, less credits for any timely payments previously made by Client; (2) except as prohibited by law, sue Client for all amounts owing under the Agreement, as wells as the liquidated damages; (3) charge interest at a rate of 18% per annum, or the maximum rate permitted by law, until all amounts due under this Agreement are paid in full; (4) to immediately terminate or suspend any services provided to Client under this Agreement, including but not limited to access to any website(s) associated with Client’s account; and (5) exercise any and all remedies in the Terms of Service. Additionally, upon default, Client agrees to pay all of DentalQore’s costs for collection of any amounts owing, including court costs and fees and Client also agrees to pay all of DentalQore’s reasonable attorney’s fees incurred in enforcing any of its rights under Client’s DentalQore Agreement or these Terms of Service.
  12. Termination.  DentalQore reserves the right to terminate any DentalQore Agreement at any time if Client’s account is in default, or for violation of any provision of Client’s DentalQore Agreement, these Terms of Service, or after the completion of the Initial Term, as defined in Clients DentalQore agreement for any other reason or no reason at all .
    1. In the event of a termination, DentalQore retains all right and title, including any applicable copyright or intellectual property rights, to the designs, content, images, video, media, and all other components of Client’s website.
  13. Data Security.  DentalQore takes commercially reasonable steps to ensure that any electronic information and communications are secure.  No system is guaranteed to be completely foolproof or unassailable.  Databases, communications, and services are susceptible to errors, tampering, hacking, or other breaches.  DentalQore makes no guarantee or warranty against such occurrences.  By utilizing DentalQore’s services and Client’s website, Client agrees to hold DentalQore harmless for any breach of data security caused by electronic or human error, force majeure, weather or other natural phenomena, computer hacking or break-ins, tampering, equipment failure, or any other cause not directly within the control of DentalQore.
  14. Privacy.  While designing, creating, and servicing Client’s website, and in collecting payment for such services, DentalQore may collect personally identifiable information regarding Client, Client’s business or practice, and/or Client’s clientele.  Such information may include credit card or other bank account numbers, names, addresses, telephone numbers, email addresses, social media profiles, website URLs, account passwords, or other information which could be used to identify Client or a third party (“Personal Information”).  Except as set forth herein, DentalQore does not use or share Client’s Personal Information, and safeguards it with industry-standard data security , including encryption technologies and protocols, from access by DentalQore employees and third parties without a need to know such Personal Information.
    1. Permitted Uses of Private Information.  Client agrees that DentalQore may access and utilize Client’s Private Information for the following purposes:
      1. Provision of DentalQore Services.  Client agrees that Personal Information may be used by DentalQore, its employees, contractors, and vendors to the extent necessary to design, publish, and maintain Client’s website and otherwise provide the services for which DentalQore has been engaged. Client releases DentalQore from any liability arising from the disclosure of Personal Information by any vendor or other third party;
      2. Marketing of DentalQore’s Business, Services and/or Products.  Client agrees that Client’s name, publicly available social media profiles, website URLs, website design and content, prior website designs, and draft designs, may be utilized by DentalQore in its efforts to market DentalQore’s services to other clients and the general public; or
      3. Billing, Collections, and Account Maintenance – Client agrees that any Personal Information collected by DentalQore may be utilized for billing, collections, or other maintenance of Client’s account.
    2. As Required by Law or Other Compulsory Process.  Personal Information may be disclosed as required by a court order, State or Federal law, or other compulsory legal process.
    3. HIPAA Compliance.  Some Personal Information may constitute Personal Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Insofar as DentalQore receives and is aware that such data constitutes Personal Health Information, DentalQore will take all reasonably necessary steps to ensure that its treatment of such data is in compliance with DentalQore’s obligations under HIPAA and other applicable law.
  15. Indemnity.  Client agrees to indemnify and hold DentalQore harmless from any claim (including but not limited to DentalQore’s attorney’s fees and costs incurred)arising, liabilities, damages and costs (including but not limited to DentalQore’s attorney’s fees and costs incurred) arising from or related to, the use of Client’s website(s) by all third parties, including any action for defamation, products or premises liability, malpractice, false advertising, copyright, trademark or any other claim.
    LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIENT AGREES THAT UNDER NO CIRCUMSTANCES SHALL DentalQore, LLC (INCLUDING, BUT NOT LIMITED TO ITS MEMBERS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES OR AUTHORIZED REPRESENTATIVES), BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR INCIDENTAL LOSSES OR DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, ARISING FROM, RELATED TO OR CONNECTED WITH:  (A) THE USE OR INABILITY TO USE CLIENT’S WEBSITE OR OTHER DentalQore SERVICES OR PRODUCTS; (B) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF CLIENT’S CONTENT; (C) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY SERVICING CLIENT’S WEBSITE OR OTHER DentalQore SERVICES OR PRODUCTS; (D) ACTIONS OR INACTIONS OF OTHER USERS OF WEBSITES DESIGNED OR MAINTAINED BY DentalQore OR OTHER DentalQore SERVICES OR PRODUCTS OR ANY OTHER THIRD PARTIES FOR ANY REASON; (E) LOST PROFITS, LOST BUSINESS, LOSS OF GOODWILL OR REPUTATION, LOST SAVINGS OR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSSES RESULTING FROM FAILURE TO MEET DEADLINES OR OBLIGATIONS TO CLIENT’S CLIENTELE OR DOWNTIME OF FACILITIES, REGARDLESS OF WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE; OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH CLIENT’S WEBSITE, SERVICES OR PRODUCTS PROVIDED BY DentalQore, CLIENT’S DentalQore AGREEMENT (SOMETIMES REFERRED TO AS A “DentalQore SERVICE AGREEMENT”, “DentalQore AGREEMENT” OR A “SERVICE AGREEMENT” IN OTHER DOCUMENTS) OR THESE TERMS OF SERVICE.

    1. FORCE MAJEURE.  CLIENT AGREES THAT DentalQore WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER CLIENT’S DentalQore AGREEMENT OR THESE TERMS OF SERVICE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS
    2. CAP ON DAMAGES.  CLIENT FURTHER AGREES THAT, REGARDLESS OF FUTURE INTERPRETATION OR APPLICATION OF PARAGRAPH 16 OR ITS SUDentalQoreARTS, IN NO EVENT SHALL DentalQore’S AGGREGATE LIABILITY TO CLIENT OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH SERVICES OR PRODUCTS DentalQore PROVIDES OR PROVIDED CLIENT, CLIENT’S DentalQore AGREEMENT, OR THESE TERMS OF SERVICE EVER EXCEED THE TOTAL DOLLAR AMOUNT CLIENT ACTUALLY PAID DentalQore IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIMED LOSS, CLAIM OR BREACH.
  16. Miscellaneous Provisions.
    1. Situs, Governing Law, and Jurisdiction.  Client agrees that Client’s transactions with DentalQore have their situs in the State of Utah. These Terms of Service and Client’s DentalQore Agreement are governed by and shall be construed according to the laws of the State of Utah, without regard to any conflict of law provisions.  In any action brought to enforce or construe any provision of these Terms of Service, Client’s DentalQore Agreement or any other dispute or written agreement, Client agrees that jurisdiction lies exclusively with the applicable State courts located in Utah County, State of Utah, or Federal courts located in Salt Lake County, State of Utah.
    2. Severability.  If any provision of these Terms of Service or Client’s DentalQore Agreement is held by a court of competent jurisdiction to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.
    3. Attorney Fees.  In any action brought to enforce or construe any provision of these Terms of Service, or Client’s DentalQore Agreement, the prevailing party will be entitled to their reasonable attorney fees and costs, including collection costs.

 

DentalQore, LLC
1261 S 820 E Suite 100
American Fork, UT 84003
866-664-5216
dentalqore.com
contact@dentalqore.com