Terms of Service

Last Updated: May 17, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THE SERVICES, PROVIDING ANY INFORMATION TO US THROUGH THE SERVICES, OR COMPLETING ANY REGISTRATIONS. THESE TERMS OF SERVICE CONTAIN WARRANTY AND LIABILITY DISCLAIMERS AND A CLASS ACTION WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS, REGISTER, OR USE ANY OF OUR SERVICES.

1. Acknowledgement and Acceptance

These Terms of Service (the “Terms of Service”, “Terms”, or “Agreement”) is a binding agreement between you (“User”, “you”, or “your”) and ThePracticeConsultant.com, LLC and its subsidiaries and affiliates (collectively referred to as “The Practice Consultant”, “we”, “us”, or “our”) governing your access and use of this website, ThePracticeConsultant.com, any other websites or applications owned, controlled, or licensed by us, and any information, functionality, services, updates, or solutions made available through the access or use of such websites or mobile applications (collectively referred to as the “Services”). Certain products or services may have additional disclosures, agreements, or terms and conditions, which shall govern and control in the event of any inconsistency with these Terms of Service.

These Terms apply to all Users who use the Services in any capacity. The Services are not intended for anybody under the age of 18. If you are under the age of 18, please do not access the Services.

BY CLICKING “I AGREE” (OR SIMILAR BUTTON) TO ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU AND/OR BY USING OR ACCESSING THE SERVICES YOU:

• ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AS WELL AS OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE;
• REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND
• ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS, DOWNLOAD, REGISTER, OR USE THE WEBSITE OR ANY OF OUR SERVICES.

These Terms of Service are subject to change in our sole discretion. Any changes will be incorporated into these Terms of Service posted to the Services from time to time. Your continued use of the Services following the posting of any changes means that you accept and agree to be bound by the revised terms.

2. Account Registration and Security

In order to access the Services, you may be required to register and create an account or provide certain details or other information such as your full name, email address, professional information. We may also need to verify your identity, and you authorize us to collect information from you and make any inquiries we consider necessary to do so (collectively referred to with all information requested to enable your account as “Registration Information”). You represent and warrant that all of the Registration Information you provide in creating an account or in order to access some of the resources offered by the Services are true and complete and you agree to update your account upon any changes to such information. The failure to do so may further limit your ability to use the Services and affect the accuracy and effectiveness of the same.

You also agree that you are responsible for securely managing your Registration Information including, without limitation, the confidentiality of any usernames, passwords, personal identification numbers, and any other codes that you use to access our Services. You may not provide your Registration Information to anyone else to access the Services. You must keep your password strictly confidential. You will notify us immediately if you believe that your Registration Information or device you use to access the Services has been lost or stolen or that someone is using your account without your permission. You should regularly log into the Services to ensure that no unauthorized activity has occurred.

We reserve the right to withdraw or amend the website and any service, product, solution, or material we provide as part of our Services. We will not be liable if for any reason all or part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to you.

You agree not to attempt to log on to the Services from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Services from one of these countries may result in your access being restricted and/or terminated.

3. We Are Not a Lender or Creditor.

Our Services are designed for business or commercial uses and are not intended for individuals’ personal, family or household use. We do not: (i) take credit applications; (ii) originate, service, or make loans or credit decisions; or (iii) issue commitments or lock-in agreements.

As part of our Services, you may submit a Client Interest Form (a “Client Interest Form”) which is a request to be matched with third-party lenders (collectively “Third-Party Lenders”) of one or more financial products and services. When you submit a Client Interest Form, we will attempt to match you with Third-Party Lenders offering products or services for which you may qualify or that may be of interest to you. You also agree that we may try to identify matches for similar or alternative products or services based on your requests and information provided in our Client Interest Form and that we may share your information with Third-Party Lenders of such similar or alternative products or services.

Any Client Interest Form you submit is not an application for credit. Rather, it is an inquiry or request to be matched with our Third-Party Lenders that may be able to present conditional loan offers to you, which offers are subject to change at any time, including at the point of application with the Third-Party Lender, after verification of information you provided, as well as other conditions as solely determined by any Third-Party Lender with whom you choose to proceed. You are under no obligation to proceed with any Third-Party Lender or conditional offer.

The submission of a Client Interest Form does not guarantee that you will receive any conditional loan offers or approvals. Any conditional offer is based on information you provide when completing a Client Interest Form. By submitting a Client Interest Form, you are providing express written consent for The Practice Consultant and Third-Party Lenders to obtain a limited credit report (“soft credit inquiry”) that will not affect your credit score and regardless of whether you provide your Social Security number. It is possible that a Third-Party Lender may perform a soft credit inquiry on your credit at the same time for the same or similar purposes. The Practice Consultant does not perform hard credit inquiries.

Third-Party Lenders, and not The Practice Consultant, establish and maintain approval standards and determine the criteria necessary to receive both conditional offers and credit approvals. You should review each Third-Party Lender’s terms and conditions to determine which offer works for you and your organization’s financial situation. We do not guarantee acceptance into any specific terms or conditions with any Third-Party Lender. We do not guarantee that you will be approved for credit or that upon approval you will qualify for advertised rates, fees, or other terms. We do not guarantee that rates or terms advertised or offered by Third-Party Lenders include the lowest or most favorable rates or terms available in the market. All rates, fees, and other terms are presented without guarantee and are subject to change at any time based on each Third-Party Lender’s discretion.

You may have to complete an application with a Third-Party Lender before the Third-Party Lender will extend an offer to you. A Third-Party Lender you select may require you to pay an application or other fee to cover the costs associated with your application and you may be responsible for paying any and all closing costs associated with a loan (such as settlement services, loan processing, underwriting, or funding fees) as solely determined by the Third-Party Lender and not The Practice Consultant.

Services offered by a Third-Party Lender may only be made to residents of states where a Third-Party Lender is authorized to conduct business. A Third-Party Lender’s participation in and offering of its products and services through our Services does not necessarily constitute an offer by a Third-Party Lender or The Practice Consultant to provide services outside of their respective authorized jurisdictions.

You should rely on your own judgment in deciding which available loan product, terms, and Third-Party Lender best suits you and your organization’s financial situation. The Third-Party Lender is solely responsible for its services to you, and you agree that The Practice Consultant shall not be liable for any damages or costs of any type arising out of, or in any way connected with, your use of such services. You understand that Third-Party Lenders may retain your loan request information, including information submitted through your Client Interest Form, and any other information provided by us or received by them in the processing of your loan inquiry or request, whether or not you are qualified to close a loan with them. In addition, we may receive information, including personal data, regarding the disposition of your application, loan, or account from the Third-Party Lender in order to fulfill our regulatory requirements as well as for internal business purposes.

4. Consent to Collect Technical Data

We may collect technical information and use certain technologies, including pixel technology, to collect and analyze technical data relating to the provision, use and performance of the website, our Services, and related systems. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Services, your browser type and version, time zone setting, operating system and platform, and information about your visit to the website including the full Uniform Resource Locators (URL), clickstream to, through and from our website, including the date and time. By visiting and using the website and our Services, you hereby consent to and agree to the pixel technologies and/or other software, our collection of this data by us and that we will be free (during and after the term hereof) to (i) use such data to improve and enhance the website and for other development, diagnostic, and corrective purposes in connection with the website and our Services; (ii) disclose such data in aggregated or de-identified from in connection with its business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.

5. Ownership and Intellectual Property Rights

The Services and its entire contents, features, functionality, and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by and the exclusive property of The Practice Consultant, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership rights to the website or any Services through this Agreement or by use of the Services. You acknowledge and agree that we have and retain exclusive and valid ownership of all anonymized statistical information regarding use of the Services. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Services without our prior written approval.

You may suggest improvements and/or communicate to us ideas, feedback, inventions, discoveries, or concepts (“Ideas”) during the term of this Agreement, and you and us may discover or create the Ideas jointly with us. Such Ideas may include ideas for new or improved products, services, concepts, know-how, and/or techniques. You agree that any such Idea shall be and remain solely the property of The Practice Consultant and/or our licensors and may be used and sold, licensed, or otherwise provided by The Practice Consultant and/or its licensors to third parties, or published or otherwise publicly disclosed, in The Practice Consultant’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to The Practice Consultant any and all of your right, title, and interest in and to any such Ideas.

6. Usage Data, Your Data, Communications

In order for us to provide the Services, you grant to us a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered into the Services (“Data”) to the extent necessary for The Practice Consultant to: (1) provide the website and our Services; (2) perform our obligations under this Agreement; (3) attribute content to you; (4) compile analyses and statistical information from Data regarding usage or performance of the website or our Services and user engagement; (5) provide, monitor, correct, enhance, and improve the Services; (6) develop new products or services; and (7) accomplish other internal business purposes or as described in our Privacy Policy.

You also grant to The Practice Consultant a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). You acknowledge and agree that The Practice Consultant has and retains exclusive and valid ownership of all Deidentified Data. The Practice Consultant shall also have the right to collect and analyze data and other information relating to the provision, use, and performance of the Services and related systems and technologies (“Usage Data”), and you acknowledge and agree that The Practice Consultant has and retains exclusive and valid ownership of all Usage Data. The Practice Consultant will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the website and for other development, diagnostic and corrective purposes in connection with the Services and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.

7. SMS Text Messages or Other Communications

From time to time, you may sign up for receiving telephone calls or text messages (SMS and MMS) from us or our authorized third parties through registration, texting a designated shortcode, or scanning any QR code made available to you through us. BY SIGNING UP FOR INTERACTIVE MESSAGING, YOU AGREE AND CONSENT TO RECEIVING MESSAGES AT THE TELEPHONE NUMBER YOU PROVIDE DURING REGISTRATION AND/OR IN COMPLETING A LOAN APPLICATION, EVEN IF IT IS ON ANY DO-NOT-CONTACT LIST (INCLUDING ANY CORPORATE, STATE, OR FEDERAL DO-NOT-CONTACT LIST).

You represent and warrant that you are eighteen (18) years of age or older and the primary owner of the telephone number provided. You understand and acknowledge that such telephone calls or text messages may be for telemarketing and advertising purposes relating to our Services or operational purposes (e.g., registration, loan applications, information requests, or confirmations). You understand and acknowledge that such messages may be sent by us or our third-party service providers using an automatic telephone dialing system or other automated means (e.g., automated text and/or artificial and/or pre-recorded messaging), and that message and data rates may apply. Consent is not required for your use and access to our Services. MESSAGE AND DATA RATES MAY APPLY. MESSAGE FREQUENCY VARIES.

You may unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available). Text HELP for help. To the maximum extent permitted by laws: (i) all information contained in SMS text messages is “AS IS” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; and (ii) we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by any User in connection with the receipt, use, failure of, or inability to use, SMS text messages. After opting out of receiving text messages, you may re-enroll by registration, scanning the applicable QR code, or contacting us via the “Contact Us” information at the end of these Terms of Service.

8. User Conduct

You may use the Services only for lawful purposes and in accordance with the Privacy Policy and Agreement. Transmitting, distributing, or storing any material that violates any applicable law or the Privacy Policy and Agreement is prohibited. You agree not to use the Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, ay laws regarding the export of data or software to and from the United States or other countries), or promote any illegal activity, or advocate, promote or assist any unlawful act.

To transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of privacy or publicity rights, or otherwise objectionable.

To impersonate or attempt to impersonate The Practice Consultant, one of our employees, another user, or any other person or entity (including, without limitation, by using email addresses identifying information associated with any of the foregoing).

To make any representations that are likely to deceive any person or give any impression that materials or content emanate from or are endorsed by us or any other person or entity, if this is not the case.

To engage in any other conduct that, as determined by us, may harm us or users of the Services or expose them to liability.

To infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.

Additionally, you agree not to:

Directly, indirectly, alone, or with another party, (i) copy, download, disassemble, reverse engineer, or decompile the website or Services or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services; (ii) modify, create derivative works based upon, or translate the Services; (iii) transfer or otherwise grant any rights in the Services in any form to any other party, nor shall you attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying of the material on the Services.

Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Services.

Introduce any viruses, trojan horses, worms, logic bombs, keystroke logger, or other material which is malicious or technologically harmful including, but not limited to, attacking the Services via a distributed denial-of-service attack.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the website or Services is stored, or any server, computer or database connected to or associated with the Services.

Screen scrape, monitor, mine, copy, mirror, or otherwise conduct any systematic or automatic data collection activities in relation to the Services.

Otherwise attempt to interfere with the proper working of the Services.

9. Limited Right to Use

Subject to the terms and conditions of the Agreement, The Practice Consultant grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for use solely by you and/or your professional organization and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. All rights with respect to the Services not explicitly granted herein are reserved by The Practice Consultant.

You agree not to reproduce, copy, sell, resell, or exploit for any commercial purpose any portion of the Services, use of the Services, or access to the Services. You also agree not to forward, disseminate, or resell the contents of the Services without express permission from The Practice Consultant.

10. DISCLAIMER OF WARRANTIES

THE SERVICES, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE SERVICES, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE PRACTICE CONSULTANT, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK.

WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENT.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN THE COMPLETION OR TRANSMISSION OF A REQUEST FOR A FINANCIAL PRODUCT OR SERVICE, INCLUDING BUT NOT LIMITED TO, SUCH ERRORS OR DELAYS CAUSED BY INCORRECT INFORMATION PROVIDED BY YOU OR TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR SERVICES, INCLUDING THE ACCURACY OR COMPLETENESS OF ANY SUCH LOAN-RELATED INFORMATION THROUGH ANY THIRD-PARTY LENDERS. ADDITIONALLY, THE REFERENCE, INCLUSION, OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE OR THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICES. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEBSITE-ACCESSING PROGRAM. WE DOS NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OF THE PRACTICE CONSULTANT AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE PRACTICE CONSULTANT, ITS AFFILIATES, SUBSIDIARIES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND CLAIMS OF THIRD PARTIES) WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER NAY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THE SERVICES, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PRACTICE CONSULTANT, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT EXCEED THE GREATER OF AMOUNT YOU SPECIFICALLY PAID TO THE PRACTICE CONSULTANT OR $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE PRACTICE CONSULTANT, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless The Practice Consultant and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, judgments, awards, losses, obligations, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to (i) your breach of the Privacy Policy and Agreement; (ii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right, (iii) any violation of applicable law by you; (iv) information or content that you submit, post, transmit or make available through our Services; (v) your use of the Services; (vi) any claim that content provided by you caused damage or loss to a third party, or (vii) any of your acts or omissions. This defense and indemnification obligation will survive your use of the Services and any termination of the Privacy Policy and Agreement.

If you use the Services to access data of which you are not the owner or authorized user as reflected in our systems, you shall indemnify, defend, and hold harmless The Practice Consultant and all of its executives, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting our rights or your obligations under any other provision of these Terms of Service, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer and/or individual associated with a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Our rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by us of our rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through our Services.

13. Copyright Notices

If you believe that content you own has been copied or made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (the “DMCA”).

14. Content and Materials

The information on the Services is solely for information purposes only. We use reasonable efforts to update the information on the Services and the content on the Services may be updated from time to time without notice. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness or usefulness of this information (including any product, service, description, photograph, or other information). Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

15. Third-Party Sites, Applications, and Technologies

These Terms of Service are only applicable to the Services and do not apply to any third-party websites, applications, or technologies. The Services may contain links to, and media and other content from, third-party websites. These links are to external websites and third parties with which we have no relationship or control. Because of the dynamic media capabilities of the Services, it may not be clear to you which links are to the Services and which are to external, third-party websites. if you click on an embedded third-party link, you will be redirected away from the Services to the external third-party website. You can check the URL to confirm that you have left the Services. We have no control over the content on such third-party websites.

If you choose to link to a third-party website, we cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites; (ii) control third parties’ independent collection nor use of your personal information; (iii) endorse any third party information, products, services, or websites that may be reached through embedded links on the Services; and (iv) make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we guarantee that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms and conditions. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

16. Governing Law, Mediation, and Arbitration

The laws of the State of Florida (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to the Services, these Terms of Service, and all transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement.

The parties agree that any legal action, suit, or proceeding arising out of or relating to this Agreement shall be brought and determined exclusively in the appropriate federal or state court in the State of Florida and in no other forum. The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such court sin any such suit, action, or proceeding arising out of or relating to this Agreement.

All disputes and controversies of every kind and nature between the parties to this Agreement arising out of or in connection with the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of these Terms of Service shall first be submitted to mediation pursuant to the procedure set forth in this paragraph. You may demand such mediation in writing within fourteen (14) days after the controversy arises. The parties agree that the mediator shall be appointed locally from Fort Lauderdale, Florida. The mediation shall be held in Fort Lauderdale, Florida and concluded within thirty (30) days of the selection of the mediator. The parties shall equally bear the cost of the mediator but otherwise bear their own costs in connection with the mediation.

If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties are entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

17. Jury Trial and Class Action Waiver

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, YOU AND THE PRACTICE CONSULTANT ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND THE PRACTICE CONSULTANT MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR REPRESENTATIVE CAPACITY.

18. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.

19. Waiver and Severability

No waiver by The Practice Consultant of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by The Practice Consultant to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provision of the Terms of Service will continue in full force and effect.

20. Term and Termination

This Agreement is effective upon your acceptance of it as stated herein and it shall continue in effect in accordance with this section (the “Term”). You may terminate this Agreement at any time by discontinuing your use of the Services and providing us with a notice of termination.

21. Force Majeure

The Practice Consultant shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of The Practice Consultant and not due to The Practice Consultant’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.

22. Contact Us

All feedback, comments, request for technical support, and other communications relating to the Services should be directed to:

In Writing:

2598 East Sunrise Blvd.
Suite 2104
Fort Lauderdale, Florida 33304

By Email: support@thepracticeconsultant.com