Terms of Use

TERMS OF USE

These Terms of Use were last updated on 16/04/2024

These Terms of Use (also referred to as the “ToU”) are a legal and enforceable agreement between you individually, or if you are authorized to acquire and/or use DECISIONFI.COM’s website, our web-based portal, and related services (collectively the “Service”) on behalf of your company or another organization between the entity for whose benefit you act (in all instances, “you”, “your” or “yours”) and DECISIONFI.COM (“we,” “us,” “our,” or “DECISIONFI.COM”), are in addition to any other agreements between you and DECISIONFI.COM, if any, and any other agreements that govern your use of products, services, content, tools, and information available on the Service. DECISIONFI.COM shall mean Dentech Patient Solutions, Inc., a Delaware Corporation having a principal place of business at 2735 S. Alma School Road, Suite 1, Chandler, AZ 85286, together with its subsidiaries, affiliates, assignees and its and their respective officers, directors, employees and agents. PLEASE READ THESE TERMS OF USE AND ANY APPLICABLE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU AGREE TO THEM.

By using or attempting to use the Service, you certify that you are a resident of the United States and are at least 18 years of age. You also certify that you are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, you must stop using the Service immediately.

THESE TERMS INCLUDE A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT TO RESOLVE DISPUTES. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN SECTION 17 (DISPUTE RESOLUTION) BELOW. PLEASE REVIEW CAREFULLY.

1. GENERAL TERMS AND CONDITIONS

All use of the Service is subject to the ToU and any other legal arrangement referenced herein. By visiting and using this Service, you acknowledge, accept, and agree to all the terms, conditions, and privacy policies described or incorporated by reference below.

You agree that we may modify the ToU at any time. We will have no further obligation to notify you of any modifications. It is your responsibility to review the ToU from time to time, to see if modifications have been made. Any modification is effective immediately upon posting on the Service. Your continued use of the Service following modification of the ToU will be conclusively deemed to signify your acceptance of the modification. Notwithstanding the aforesaid, for any material changes, we will seek your consent to the extent required by law. DECISIONFI.COM reserves the right, at any time, to modify or discontinue, temporarily or permanently the Service (or any part thereof) without notice.

You agree to keep business information and trade secrets of DECISIONFI.COM, including, but not limited to, terms and pricing which are not publicly disclosed, and any user account information confidential until such information becomes known to the public generally and except to the extent that disclosure may be required by law, regulation or legal process.

2. PRIVACY

Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you are using the Service. By using the Service, you agree that DECISIONFI.COM may use your information as set forth in the Privacy Policy. We designed our Privacy Policy to make important disclosures about how we collect and use your content and information. You are subject to the DECISIONFI.COM Privacy Policy which may be found by clicking the “Privacy Policy” link on the bottom footer of our Website and is incorporated herein by reference.

3. REGISTRATION

To use the Service, you may be required to complete the registration process. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to the ToU.

Once you have registered, to the extent registration was required for you, you will receive or will be able to create or input a user identification (“User ID”) and password. You are responsible for maintaining the confidentiality of your User ID and password and are responsible for all activities that occur using your User ID and password, whether or not expressly authorized by you. DECISIONFI.COM will not be responsible for any damages resulting from the unauthorized use of your User ID or password. You agree to notify us immediately of any such unauthorized use or any other breach of security. Access and use of the Service is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to use the Service has previously been terminated by DECISIONFI.COM may not register for the Service, nor may you designate any of those individuals to use your User ID on your behalf.

4. USE OF THE SERVICE; LIMITATIONS; ACCEPTABLE USE

The Service is designed to connect potential borrowers with potential lenders to enable your customer to finance the purchase of goods or services from you by obtaining funds to pay for medical procedures or other services offered by you or a physician, other healthcare provider or Merchant (as defined below). You understand, acknowledge and agree that:

(a) DECISIONFI.COM is not involved in the actual transaction between you, the physician, healthcare provider, merchant or their respective practice or store (the “Merchant”) providing the services of any lender, nor are we liable for consumer’s repayment of any loan once a transaction among a customer, a Merchant and lender has been completed; and

(b) DECISIONFI.COM is not a loan broker, does not make lending decisions on behalf of any Merchant or any lender, does not offer or make solicitations to lend and is not an agent, representative or broker of the Merchant or any lender. You understand, acknowledge and agree that DECISIONFI.COM makes no representations or warranties, including without limitation, as to any information contained on an application which was provided by you, or as to any results from any Merchant’s or lender’s use of the personal nonpublic financial information provided on the Service, including without limitation, whether or not a consumer will be approved for a financing transaction by a Merchant or a lender or that a certain percentage of consumers will be so approved.

You confirm, acknowledge and agree that you will provide true and accurate information about yourself and/or your businesses, and to update and maintain such information.

Your use of the Service is conditioned upon the following representations being true:

(a) You are of the age of majority in your state of residence;

(b) you are able to form a binding contract with us;

(c) you are not prohibited by law from accessing the Service or have not previously been banned, terminated or otherwise denied access to the Service;

(d) you are not acting on behalf of a person whose access to the Service has been previously terminated or otherwise denied by us.

As conditions of your use of the Service, you agree to comply with the ToU and all applicable laws and regulations in connection with your use of the Service. You will not violate, attempt to violate or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Service. Without limiting the foregoing, you agree not to:

(a) attempt to or enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any DENTAL FINANCE.COM server or to any of the content provided through the Service (the “Materials”), through hacking, password theft or any other means; you will not impersonate another user of the Service;

(b) attempt or enable others to attempt to obtain any Materials through any means that DECISIONFI.COM has not intentionally made available on the Service including using any automatic or manual process to search or harvest information from the Service; or

(c) use the Service or the Materials in any manner that could damage, disable overburden or impair any DECISIONFI.COM server of the network(s) connected to any DECISIONFI.COM server, or that might interfere with any other person’s access to or use or enjoyment of any Materials.

Without limiting the above, you are expressly prohibited from:

(a) any resale or commercial use of the Service;

(b) any collection and use of any product or service listings, descriptions, prices or any other information posted on the Service for any purpose other than your own personal use or as otherwise permitted in an agreement between DECISIONFI.COM and yourself (“Permitted Use”), including, without limitation, any purpose competitive to DECISIONFI.COM or any commercial purpose, including marketing;

(c) any downloading or copying of any materials contained in the Service for any reason other than for a Permitted Use, or any use of data mining, robots or similar data gathering and extraction tools; or

(d) using the Service to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes.

DECISIONFI.COM does not have any part in the creation of the materials and information which you provide and DECISIONFI.COM cannot and does not confirm the accuracy of information provided and/or information contained in the written materials provided, if any. If DECISIONFI.COM permits you to input information into the Service, you may not input any information or content that: (i) is promotional in nature, including solicitations for funds or businesses, without the prior written authorization of DECISIONFI.COM; (ii) constitutes junk mail, unsolicited commercial messages (“spam”), chain letters, pyramid schemes or the like; (iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, is racially, ethnically, religiously or otherwise objectionable, or otherwise violates the legal rights of others; (iv) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or (vi) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment.

DECISIONFI.COM reserves the right to edit, restrict or remove any content you provide for any reason at any time. The information and materials made available through the Service may contain typographical errors or inaccuracies. In addition, DECISIONFI.COM does not control the information provided by other users that is made available through the Service. DECISIONFI.COM reserves the right to refuse service, terminate relationships, and/or cancel orders in its discretion. You agree that you will have no claim against DECISIONFI.COM, its affiliates, and DECISIONFI.COM’s affiliates’ respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, employees and advisors in their individual and representative capacities (collectively, the “Released Parties”), for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.

5. E-MAIL

YOU MAY NOT SEND UNSOLICITED E-MAILS OR E-MAIL THAT INCLUDES FALSE OR MISLEADING INFORMATION IN THE RETURN ADDRESS OR IN THE SUBJECT LINE TO ANYONE WHOSE E-MAIL ADDRESS INCLUDES THE DOMAIN NAME DECISIONFI.COM. YOU MAY NOT USE OUR DOMAIN NAME AS A PSEUDONYMOUS RETURN E-MAIL ADDRESS FOR ANY COMMUNICATIONS THAT YOU TRANSMIT FROM ANOTHER LOCATION OR THROUGH ANOTHER SERVICE. YOU MAY NOT PRETEND TO BE SOMEONE ELSE — OR SPOOF THEIR IDENTITY — WHEN USING THE SERVICE.

6. INTELLECTUAL PROPERTY; COPYRIGHT

The contents of the Service, website, and any products or services provided or sold by DECISIONFI.COM, including the Service’s likeness, text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of businesses, lenders and opportunities listed on the Service, are the property of DECISIONFI.COM or it otherwise has the right to use them as part of the Service, and are subject to the copyright or other intellectual property rights of DECISIONFI.COM and/or to the terms of licenses held by DECISIONFI.COM. Such intellectual property is protected by federal and state law. Without DECISIONFI.COM’s prior written consent you may not reproduce, modify, distribute, transmit, republish, display or perform the content and software on the Service, or of any products or services sold by DECISIONFI.COM. You may copy information from the Service only as may be strictly necessary for your own use to view, save, print, or transmit it. The commercial use or public dissemination of any information and data gathered from DECISIONFI.COM is strictly prohibited unless specifically authorized in writing. Any violation of the foregoing clause may subject you to compensatory and punitive damages and shall specifically also entitle DECISIONFI.COM to equitable relief, in addition to any other available remedies.

By submitting information or other material to us, you grant DECISIONFI.COM a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the ToU and the actions and transactions contemplated hereby. Nothing in the Service or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any mark displayed on the Service without the written permission of DECISIONFI.COM or the third-party owner of the mark. You agree that you will not and will not allow others to decompile, disassemble, reverse engineer, copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of DECISIONFI.COM’s technology or delete or alter author attributes or copyright notices. You are limited to use the Service to submit loan applications for your customers or to allow your customers to submit loan applications under your Merchant account and you shall use the Service solely for your own use and shall not allow others to use the Service under or through your account.

7. FORUMS AND USER CONTENT

DECISIONFI.COM and its designees may host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), and you may have the ability to provide or upload to the Site creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”).

By sending or transmitting User Content to DECISIONFI.COM, or by posting such User Content to any area of the Site, YOU GRANT US AND OUR DESIGNEES A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, UNLIMITED, TRANSFERABLE, FULLY SUBLICENSEABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID UP, IRREVOCABLE RIGHT AND LICENSE TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), MODIFY, ADAPT, COMBINE WITH OTHER WORKS, CREATE DERIVATIVE WORKS OF, PUBLICLY PERFORM, DISPLAY, STORE, DIGITALLY PERFORM, PUBLISH (ON THE SITE, ON ANY OTHER WEBSITE (S), IN PRINT, RADIO, TELEVISION OR ELSEWHERE), MAKE, HAVE MADE, SELL, OFFER FOR SALE, IMPORT AND COMMERCIALIZE USER CONTENT, OR ANY PORTION THEREOF, IN ANY MANNER AND CONTEXT (INCLUDING BUT NOT LIMITED TO USAGE IN COMMERCIAL, ADVERTISING OR PROMOTIONAL MATERIALS), NOW KNOWN OR IN THE FUTURE DISCOVERED, IN DECISIONFI.COM’S SOLE DISCRETION, IN ANY WAY, IN ANY AND ALL MEDIA NOW KNOWN OR HEREINAFTER DISCOVERED, WITHOUT LIMITATION AND WITHOUT ANY COMPENSATION OR ACKNOWLEDGMENT TO YOU OR ANY THIRD PARTY. To the extent permitted by law, you specifically waive any “moral rights” in and to the User Content. The foregoing grant includes without limitation, any copyrights and other intellectual property in and to your User Content. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. DECISIONFI.COM IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.

If DECISIONFI.COM does decide, in its sole discretion, to attribute User Content to you, you hereby grant DECISIONFI.COM the right to use your member name with respect to such attribution, and hereby completely and irrevocably release and forever discharge us from and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name. For clarity, the foregoing license grant to DECISIONFI.COM does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing.

You further acknowledge that DECISIONFI.COM

(a) is under no obligation to post, display or otherwise use any User Content, and

(b) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that DECISIONFI.COM receives directly or indirectly from the use or display of your User Content or otherwise from the exercise of DECISIONFI.COM’s rights granted under these Terms of Use. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against DECISIONFI.COM or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of User Content, or any derivative works thereof, infringe any of your rights as creator of the User Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights and moral rights.

Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with DECISIONFI.COM. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourage any such conduct, or that otherwise violate any of applicable codes of conduct, whether as enshrined under these ToU or, as applicable, under a separate document, or sets of documents, and you hereby completely and irrevocably release and forever discharge us from and waive, any legal or equitable rights or remedies you have or may have against DECISIONFI.COM with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Forums by third parties, whether such third parties are visitors to the Website, members of the DECISIONFI.COM community or others. The opinions expressed in the Forums reflect solely the opinion (s) of the participants and may not reflect the opinion (s) of DECISIONFI.COM. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Website. If notified by a user of User Content that allegedly does not conform to these Terms of Use, DECISIONFI.COM may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent and/or warrant that:

(a) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to DECISIONFI.COM under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms of Use; and

(b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms of Use or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable User Content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

You acknowledge and agree that we have the right to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.

DECISIONFI.COM reserves the right to delete from the Service any User Content, postings or member names and will cooperate fully with any law enforcement officials and/or agencies in any investigation, up to and including complete and immediate termination of your registration and/or accounts with DECISIONFI.COM. You acknowledge that DECISIONFI.COM may or may not pre-screen User Content, but that DECISIONFI.COM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Site. Without limiting the foregoing, DECISIONFI.COM and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable, as determined in their sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by DECISIONFI.COM or submitted to DECISIONFI.COM, including without limitation information in DECISIONFI.COM’s message boards and in all other parts of the Site.

8. DIGITAL MILLENNIUM COPYRIGHT ACT

DECISIONFI.COM expects its users to respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe a work protected by a U.S. copyright you own has been posted without authorization, you may notify the DECISIONFI.COM copyright agent, and provide the following information:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner,
• Identification of the copyrighted work or works claimed to have been infringed,
• A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,
• Your address, telephone number and e-mail address,
• A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law, and
• A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

The DECISIONFI.COM copyright agent can be reached at legal@decisionfi.com. Also, please note that if you knowingly misrepresent that any activity or material on the Service is infringing, you may be liable to DECISIONFI.COM for certain costs and damages.

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DECISIONFI.COM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

9. ELECTRONIC COMMUNICATION

The communications between you and DECISIONFI.COM are electronic. You consent to receive communications from DECISIONFI.COM in an electronic form, including email. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. DECISIONFI.COM will use reasonable efforts to honor any request you may have to opt out from receiving emails. You hereby confirm and agree that your sole remedy in connection with any email sent by DECISIONFI.COM to you shall be stopping the use of the Service.

10. RULES FOR SWEEPSTAKES, CONTESTS, AND GAMES

In addition to these Terms of Use, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. DECISIONFI.COM urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.

11. THIRD-PARTY LINKS POLICY

The Service may contain links to third-party websites. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by DECISIONFI.COM of any information contained in any third-party website. In no event shall DECISIONFI.COM be responsible for the information contained on any third-party website or your use of or inability to use such website. You should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to your use of the DECISIONFI.COM web-based Service. You should read such terms and conditions and privacy policies carefully before using any such third-party website.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE THIRD-PARTY WEBSITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.

YOU HEREBY IRREVOCABLY WAIVE ALL RIGHTS RELATED TO, AND RELEASE THE RELEASED PARTIES FROM AND AGAINST, ANY LIABILITIES ARISING FROM OR RELATED TO THE CONTENTS OF ANY THIRD-PARTY WEBSITE.

12. THIRD PARTY CONTENT

Certain portions of the Service may contain unedited or third-party content. All postings, messages, text, images, links to third-party websites or other materials published or otherwise made available through this section (the “Content”) are the sole responsibility of the person (s) who originated such Content and DECISIONFI.COM does not control such content, does not investigate or validate such Content and is under no obligation to monitor such content; provided that DECISIONFI.COM reserves the right at all times (but will not have an obligation) to remove any Content in its sole discretion. By using this Content, you understand that you may be exposed to Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that DECISIONFI.COM makes no representations or warranties regarding the Content and is not responsible or liable in any manner for the Content or the conduct, whether online or offline, of any user. The Content does not constitute legal or financial advice and must not be used in the place of legal counsel or financial due diligence. You should independently evaluate and verify all Content.

13. TERMINATION

If you want to terminate your legal Agreement with DECISIONFI.COM, you may do so by:

(a) notifying DECISIONFI.COM at 1-866-520-0912 or

(b) closing your account.

DECISIONFI.COM may terminate your right to use the Service at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which DECISIONFI.COM may exercise this right to terminate your right to use the Service include, without limitation:

(a) you have breached any provision of the ToU;

(b) you have engaged in conduct which DECISIONFI.COM, in its sole discretion, considers to be unacceptable;

(c) DECISIONFI.COM is required by law to do so; or

(d) DECISIONFI.COM no longer provides the Service. The provisions relating to Section 6 (Intellectual Property; Copyright), Section 14 (No Warranty; Limitation of Liability), Section 15 (Indemnity), Section 16 (Choice of Law), Section 17 (Dispute Resolution), Section 18 (Data Storage, Access outside the United States), and Section 21 (General) shall survive any termination.

14. NO WARRANTY; LIMITATION OF LIABILITY

Any material you access, download, or otherwise obtain through the Service is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

DECISIONFI.COM AND ALL OF ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY

(A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SERVICE, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF,

(B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND;

(C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE ACCESS OR USE;

(D) ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY PART THEREOF. THE SERVICE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

DECISIONFI.COM makes no guarantees or warranties of any kind as to the adequacy, completeness, sufficiency, timeliness or accuracy of any material available in or through the Service.

NEITHER DECISIONFI.COM NOR ANY OF ITS AFFILIATES, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR CONSULTANTS SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF EARNINGS, GOODWILL OR DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTIES ENUMERATED ABOVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF

(A) THE USE OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE OR OTHER INACCURACIES IN THE SERVICE OR ANY PART THEREOF OR

(B) INFORMATION OR MATERIALS AVAILABLE OR ACCESSIBLE THROUGH THE SERVICE OR ANY PART THEREOF. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THE ABOVE DISCLAIMER OR THE LIMITATIONS SET FORTH HEREIN ARE PROHIBITED BY LAW, THEIR APPLICABILITY SHALL BE LIMITED TO THE MINIMUM PERMITTED BY LAW.

This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

YOU HEREBY AGREE THAT DECISIONFI.COM’S TOTAL AGGREGATE LIABILITY AND YOUR SOLE REMEDY AGAINST DECISIONFI.COM ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU (OR ANY OTHER USER) PAID TO DECISIONFI.COM FOR THE SERVICE FROM THE EFFECTIVE DATE OF THIS AGREEMENT DURING THE TERM OF THIS AGREEMENT.

15. INDEMNITY

You agree to indemnify and hold DECISIONFI.COM and the Released Parties harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Service, any materials contained in the Service, any breach of the ToU or the materials it incorporates by reference, including without limitation the DECISIONFI.COM Privacy Policy, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.

16. CHOICE OF LAW

The construction, validity and performance of this Agreement and all non-contractual obligations arising from or connected with this Agreement shall be governed by the laws of the State of Nevada without giving effect to conflict of laws principles thereof, and under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG). Each party irrevocably agrees to submit to the exclusive jurisdiction of the state and federal courts sitting in Clark County, subject to the terms of Section 17 of this Agreement, any claim or matter arising under or in connection with this Agreement, provided that the limitation set forth in this Section above shall not prevent DECISIONFI.COM from seeking injunctive relief in any other jurisdiction. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

17. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED UNDER THE APPLICABLE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DECISIONFI.COM WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Pre-Filing Requirement to Attempt to Resolve Disputes. If you and DECISIONFI.COM have a Dispute (defined below) and our customer service team is unable to resolve your concern, you and DECISIONFI.COM agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you intend to initiate an arbitration proceeding, you must first send a verified Notice to DECISIONFI.COM that describes the Dispute. The Notice must include your name and contact information (address, telephone number, and email address), sufficient information to enable us to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. If you have a Dispute with us, you must send this notice, personally signed by you, to legal@decisionfi.com. If requested by DECISIONFI.COM, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within thirty (30) days after receipt of the Notice (which period can be extended by agreement of the parties), you or DECISIONFI.COM may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. If you commence an arbitration without providing Notice and completing the informal dispute resolution process, you will be responsible for any filing fees or other costs incurred in connection with such arbitration. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and DECISIONFI.COM will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and DECISIONFI.COM, your access or use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

This Arbitration Clause is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (“FAA”). This arbitration provision shall survive the termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH DECISIONFI.COM IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.

We agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court and that provider will administer any arbitration consistent with this Dispute Resolution section.). To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: legal@decisionfi.com with a subject line “Notice to Arbitration”, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, or virtual video hearing through a video conferencing platform agreed by the parties, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules (or any other applicable arbitration rules, as applicable). If requested, you shall personally appear (with your counsel if you have one) at an initial telephone, or video conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, DECISIONFI.COM will pay all fees and costs that we are required by law to pay.

AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section 17 (Dispute Resolution), the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against DECISIONFI.COM by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for DECISIONFI.COM shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against DECISIONFI.COM.

Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if DECISIONFI.COM makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.

Opt-Out. You may reject this arbitration agreement, in which case only a court may be used to resolve any Dispute. To reject this agreement, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first create your account on the Service, or for existing customers who agree to this as a terms update, within thirty (30) days of agreeing to such updated terms. The Opt Out must be mailed to Dentech Patient Solutions, Inc., 2735 S. Alma School Road, Suite 1, Chandler, AZ 85286 (please note that any correspondence not related to opting out sent to this address will not receive a reply).

18. DATA STORAGE; ACCESS OUTSIDE OF THE UNITED STATES

Your personal information will be processed for DECISIONFI.COM by D&B, TransUnion, Experian, Equifax or similar third-party providers, whose data protection and privacy protections may not afford the same level of protection as required by laws of certain countries, such as the member nations of the European Union. We make no claims that the Service or any of its contents are appropriate or may be downloaded or accessed outside of the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country. You may not use or export any content of the Service in violation of U.S. export laws and regulations.

The Service may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from the Service may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

19. SEVERABILITY

Should any clause, section, subsection, word, or use of a word or phrase within these Terms of Use be found to be legally unenforceable, such item shall be stricken from these ToU as though they had never contained the legally enforceable item. In such instances, these ToU shall be construed as though such item had never existed and the surviving portions of the ToU shall be given full weight and authority in all matters. The parties irrevocably agree and consent that when such language may be found unenforceable, these TOU shall be construed so as to provide for the intent of the parties in having the original language, and such construction shall seek to give the intent of the language proper consideration and enforcement, when possible.

20. ENTIRETY OF THE AGREEMENT

These ToU shall solely represent the full and complete terms and conditions of use of the website, Service, services, and such products as may be provided by DECISIONFI.COM. Any verbal or written representation, promise, entreaty, pledge, advertisement, or any other form of entreaty, plea, or promise, shall be given no weight nor effect. These ToU shall represent the full and complete agreement of the parties. Should the subscriber disagree with such ToU, they should promptly and immediately cease and desist all use of the service. The parties irrevocably agree that no outside material shall be considered to be legally binding nor to have legal effect on these TOU.

Additional, enforceable agreements referred to as “Provider Agreements” may be executed from time to time. In such instance of conflict, the Provider Agreement shall take precedent in clarifying, superseding, or otherwise dictating the terms of these TOU. If there is no Provider Agreement between the parties, then these TOU shall be the sole authority.

21. GENERAL

All rights not otherwise expressly granted to you by the ToU are reserved to DECISIONFI.COM. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DECISIONFI.COM as a result of the ToU or any use of the Service. The failure of DECISIONFI.COM to exercise or enforce any right or provision of the ToU shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ToU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the ToU are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and DECISIONFI.COM, nor trade practice shall act to modify any provision of the ToU. The ToU are not assignable, transferable or sub licensable by you. In the case of any conflict between the terms of the ToU and the terms of your agreement with DECISIONFI.COM, as applicable, the terms of that agreement with DECISIONFI.COM shall control.

22. NOTICE REGARDING ELECTRONIC COMMERCIAL SERVICES FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users are entitled to the specific consumer rights notice:

• The provider of the Services is: Dentech Patient Solutions, Inc., a Delaware Corporation having a principal place of business at 2735 S. Alma School Road, Suite 1, Chandler, AZ 85286
• You may file a complaint regarding the Service or receive further information regarding the use of the Service by sending an email to legal@decisionfi.com, or by calling us at 1-866-520-0912.
• You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

QUESTIONS OR COMMENTS

DECISIONFI.COM welcomes questions and comments about the ToU. Questions or comments should be directed to the email address below:

• legal@decifionfi.com