Terms and Conditions of Fee Schedule Pro

 1. Introduction

This Terms and Conditions Agreement (“T&C”) governs the use of the services provided by Fee Schedule Pro, which includes but is not limited to the use of our website, including all pages related to the same, which provides conversion of Fee Schedule documents to CSV format for the purpose of import into dental and medical practice management programs (the “Service”).

By accessing or using the Service, you acknowledge that you have read and understand the terms and conditions set forth herein and agree to be bound by them. Fee Schedule Pro reserves the right, at its sole discretion, to modify the T&C at any time without prior notice.

2. Site

You may purchase the Service through our website. Information on our website may be out of date, inaccurate, incomplete, or contain errors. We make no commitment to update the website and any failure to do so shall not be considered a breach of the T&C, or grounds for an actionable claim against Fee Schedule Pro. You may not download or scrape content from our website without prior written permission from Fee Schedule Pro. Failure to comply with this restriction may be a violation of the United States’ Copyright or other laws.

3. Intellectual Property:

Fee Schedule Pro’s website and Service includes information that may be Fee Schedule Pro’s intellectual property, or that which is being used under a license from a third party. You are not permitted to use Fe Schedule Pro’s intellectual property, or that which has been licensed from a third party without Fee Schedule Pro’s express written permission.

4. Accounts and Registration

Access to the Service requires you to create an account and to provide Fee Schedule Pro with certain data, which may include, but not be limited to, your name, the name of the company or organization with which you are associated, a valid email address, credit card information, and billing information. If you create an account to access or use the Service, you agree that the information you provide is accurate and complete to the best of your knowledge.

You are solely responsible for maintaining the confidentiality of any login or password information that allows you access to the Service. You agree that you are responsible for any and all activity that occurs under your account. Fee Schedule Pro cannot and shall not be liable for any damages, loss, or injury arising from or relating to your use of a Fee Schedule Pro account or the Service.

5. User Data Privacy

We value the privacy of our users and shall protect their data accordingly. All user data collected through our Service, including login credentials, purchase history, and uploaded fee schedules, will be stored and secured on Amazon Web Services (AWS).

We will not disclose or share user data with third parties except under the circumstances described in our Privacy Policy, which is fully incorporated herein by reference. You acknowledge that you are responsible for the data, information, and any other content you distribute, share, or submit through the Service, and that you have full responsibility and authority with respect to its legality and ownership, especially with regard to the use and distribution of insurance fee schedules. 

For more information on Fee Schedule Pro’s use of such  data, please refer to Fee Schedule Pro’s Privacy
Policy.

6. Partners and Linked Sites

Any reference or link to a third party, website, product, or service does not constitute any relationship with Fee Schedule Pro, although arrangements and/or endorsements may exist. Fee Schedule Pro makes no representations relating to such parties and has no control or authority over how third parties use information, their use of “Cookies”, or the safety of content on their websites. Should you be directed to a third-party website, Fee Schedule Pro disclaims any and all liability whatsoever.

7. Use of Converted Output Files

The Service may utilize algorithms to extract data from PDF files and convert it to CSV, TXT, and XML format. By using the output generated by the Service, you acknowledge and accept that the resulting CSV files may be shared with third party developers in order to improve the accuracy of the extraction and conversion software.

8. Disclaimer and Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH  RESPECT TO YOUR USE OF THE SERVICE. FEE SCHEDULE PRO DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION AS DESCRIBED OR THAT IT WILL BE ERROR-FREE OR THAT ANY STORED DATA WILL BE SAFE OR SECURE FROM ANY LOSS, THEFT, OR DAMAGE. FEE SCHEDULE PRO DOES NOT PROVIDE ANY WARRANTY OF ANY KIND RELATING TO THE ACCURACY, COMPLETENESS, USEFULNESS, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND RESPONSIBILITY AND FEE SCHEDULE PRO WILL NOT BE LIABLE FOR DAMAGE OF ANY KIND RELATED TO THE USE OF THE SERVICE.

To the fullest extent allowed by law, neither Fee Schedule Pro, nor its officers, employees, affiliates, or agents shall be liable for any damages, costs, or losses arising from or related to the use of the Service, including but not limited to any errors caused by the use of the converted files. This limitation applies to any direct, indirect, incidental, consequential, exemplary or punitive damages, losses or causes of action, lost revenue or profits, lost business or sales, whether based in contract or tort, strict liability or otherwise, even if advised of the possibility of such damage.

9. Indemnification

You agree to defend and indemnify and hold harmless Fee Schedule Pro, its affiliates, owners, officers, employees, representatives, and/or agents from any and all claims, actions, damages, losses, or expenses, including any and all attorneys’ fees or costs relating to or arising from your use of the Service, including but not limited to any third party claims relating to any information or data you provide to Fee Schedule Pro that may infringe upon the proprietary rights of any third party.

10. Your Representations and Warranties

By using the Service, you affirm, represent, and warrant that:

    1. Your purchase and use of the Service is, and will be, in compliance with any and all applicable laws.
    2. If you are using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind such company or organization to these T&C and you agree to be bound by the same on behalf of the company or organization as well as others acting on its behalf.
    3. You will comply with all T&C.

11. Governing Law & Dispute Resolution

This agreement shall be governed by and interpreted under the laws of the State of Colorado without giving effect to any principles of conflicts of law. Any dispute, controversy or claim arising out of or relating to the Service, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) shall be entered in any Colorado court having jurisdiction thereof. The prevailing party shall be awarded its reasonable attorneys’ fees and costs, which shall be included in the arbitration judgment award.

12. Termination

Fee Schedule Pro reserves the right to terminate the Service without notice if necessary for operational reasons or due to unforeseen circumstances. Fee Schedule Pro also reserves the right to terminate or suspend a user account or access to the Service at any time, without notice, for any reason, including but not limited to, violation of these T&C or harmful behavior towards the Service, its users, or partners. Termination or suspension may result in the loss of your user account and any associated content, including purchased content. Such termination shall not be a breach of these TC or any other agreement with you and shall not subject Fee Schedule Pro to any liability for claims even if you suffer damages as a result.

13. Entire Agreement

The T&C, and any documents referred to herein, including but not limited to the Privacy Policy, represent the entire agreement between you and Fee Schedule Pro with respect to the subject matter set forth herein and supersedes all prior agreements and understandings, whether written or oral, with respect to the same. Notwithstanding, these T&C may be revised by Fee Schedule Pro in its sole discretion.

14. No Waiver

Fee Schedule Pro’s failure to exercise or enforce any right or provision set forth herein shall not constitute a waiver of the same. No waiver from Fee Schedule Pro shall be deemed valid or effective unless it has been provided to you in writing.

15. Severability

Should any of the provisions set forth in the T&C be deemed invalid, unlawful, or unenforceable by a competent authority with the requisite jurisdiction, such provision shall be severed from the T&C, and the remaining provisions shall remain in full force and effect.

16. Survival

The T&C shall survive your use or access to Fee Schedule Pro’s website or Service or any termination of your use of the same.

17. Notices

Any notice, demand, or other communication required under the T&C shall be in writing and sent via electronic mail, or delivered in person to the following address: contact@feeschedulepro.com