Last updated: July 30, 2012
ReputationMonitor®  | Terms and Conditions
The following Terms and Conditions, referred to as the Agreement (“Agreement” or “Terms”), sets forth the entire rights and obligations of Futuredontics, Inc., dba 1-800-DENTIST® (“we,” “our” “us” ) and Subscriber (collectively referred to as “Parties”) as mutually agreed upon by the Parties for the ReputationMonitor® service. The following describes the terms and conditions which are applicable to Subscribers of the ReputationMonitor service and related software (“Service”) available under the domain and sub-domains of www.18DReputationMonitor.com (the “Site”).
Upon activation of the service you are stating that you, or the dentist or dental office with which you are associated (collectively, “you” or “Subscriber”), have read, accept and agree to be bound by the Terms and Conditions. If you are entering into this Agreement on behalf of a dentist or dental office, you represent that you have the authority to bind the dentist or dental office to this Agreement. Futuredontics reserves the right to update and change the Terms and Conditions from time to time, without notice. You should visit the Terms and Conditions on the Site from time to time to review the then-current Terms, because they are binding to you. Changes to the Terms and Conditions are effective as of the “Last Updated” date. Continued use of the Service after any such changes or update shall constitute your consent to such changes.
1.  Services and Fees
Subscriber shall pay the current monthly service fee or promotional rate, as quoted. During the time that any Subscriber is an active Subscriber of the Patient Producer service, or has any additional ReputationMonitor listings a discount rate may apply and will be effective as of the first billing cycle following qualification. Futuredontics reserves the right to increase the monthly service fees upon 30 days’ notice. Continued use of the Service and Site after notification shall constitute your consent to such increase.
2.  Payment
Service fees are due and payable on the first business day of the month, or unless as agreed to by Futuredontics. Subscriber authorizes Futuredontics to automatically debit the credit card provided by Subscriber. If payment is not received when due, Futuredontics may immediately suspend or terminate Subscriber’s use and access to the Service and Site. Upon starting the Service, the first payment may be a prorated charge if the date of activation is after the first of the month. This charge will be done on the date of activation.
3.  Term
If you activate on the first of the month, the term of this Agreement is for a twelve (12) month period. If you activate on any day other than the first of the month the term of this Agreement is from the date of activation through the end of month plus a twelve (12) month period. There is no termination of convenience. Subscriber will be responsible for the balance of their term if they cancel before the term of the contract. This term will auto-renew for another twelve (12) month period at the end of the term period unless a written cancellation notice is sent 30 days prior to the annual renewal. Futuredontics may immediately suspend or terminate the use of the Service or Site if Subscriber breaches any terms of this Agreement and/or the Privacy Policy. Upon termination, you must immediately discontinue use of the Site and destroy any copy you have made of any portion of the Site.
4.  Responsible Party
Subscribers must provide a valid e-mail address, their legal name and any other required information to complete the registration process. As part of accessing the Site you will have a username. Subscribers are responsible for maintaining the privacy and security of their username and password. Futuredontics will not be held liable for any damage or loss that may result from your failure to protect your login information, including, but not limited to, your password. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.

5.  Intellectual Property/Use of Site
The Parties agree that Futuredontics owns all right, title and interest to the trademarks, service marks, copyrights and/or other intellectual property rights of ReputationMonitor, the Service and the Site. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way. During the term of this Agreement, subject to the terms and conditions of this Agreement, Futuredontics grants Subscriber a persona, limited, non-exclusive, non-transferable right to use the Service solely for its own business purpose. Subscriber shall not sell, re-sell, license, sublicense, assign, distribute or make available the ReputationMonitor Service to any third party. Subscriber shall not modify or make derivative works of the Service; create links to the Service or frame or mirror any Site pages; or reverse engineer, republish or copy any materials from the Site or Service.
We do not permit or authorize any attempt to use the Services in a manner that could damage, disable, overburden or impair any aspect of any of our Site or Services. Unless otherwise provided by these Terms, or unless specific applicable law requires Futuredontics to allow Subscriber to do so, Subscriber may not do any of the following without the prior written consent of Futuredontics:
•  Use the Site other than for legitimate personal and non-commercial purposes;
•  Imply in any fashion that Futuredontics is endorsing Subscriber’s products or services;
•  Use or access of the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Futuredontics;
•  Use any robot, spider, other automatic device, or manual process (1) to monitor or copy our Site or permanently store the content contained thereon or (2) for any other unauthorized purpose including, without limitation, using or attempting to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site;
•  Copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except exclusively for Subscriber’s own personal, non-commercial use) from the Site; or
•  Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our Site, or take any action that imposes an unreasonable load on our equipment.
If we believe that unauthorized or improper use is being made of any Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate. We may immediately terminate any Subscriber’s account on any Service which we determine, in our sole discretion.
6.  Services and Content
6.1 Availability
We will use our reasonable commercial efforts to keep the Service and Site available on a 24-hour/7-days-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability to any user for any delay, interruption or downtime in connection with our operation of, and Subscriber’s access to the Service and the Site.
6.2 Changes
Any aspect of any Site may be changed, supplemented, deleted, updated, discontinued, suspended or modified at any time at Futuredontics sole and absolute discretion and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Futuredontics shall not be liable to you for any delay or other damages that might result from such modification, suspension or discontinuance.
6.3 Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. you are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
6.4 Outbound Links
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our Site and entering another site. We are not responsible for any Content, Products and Services provided through such third party websites.
6.5 Reviews and Ratings
Reviews and ratings do not reflect the views of Futuredontics; its affiliated entities; or its employees, officers, directors, or shareholders. We reserve the right, but do not undertake the obligation, to refuse or to remove any unacceptable review or other content in our sole and absolute discretion. A non-exhaustive list of unacceptable review or content includes, but is not limited to, the following: Offensive language, including obscenities, hate speech, or harassing, vulgar or explicit language; references to illegal activity; personal threats; or disclosure of personal information. We do not assume responsibility or liability for any claims, damages, or losses resulting from any use of the Site or any Review or other Content posted on the Site.
7.  Indemnity
You agree to defend, indemnify and hold Futuredontics, its directors, officers, agents, subsidiary companies, employees, affiliates and representatives harmless from and against any losses, costs or claims, including court costs and attorneys’ fees and costs, arising from or asserted by a third party against the indemnified parties due to or arising out of your breach of this Agreement, your violation of any law or the rights of any third party and/or any use of the Service and Site.
8.  Warranties and Representations
You warrant and represent to Futuredontics that you possess all request rights, power and authority to execute this Agreement and perform its obligations hereunder, the transactions hereunder will not result in a breach or violation of, or a default under, any agreement by which you are bound, and that you will not engage in any of the following activities, and will make commercially reasonable efforts to ensure that your affiliates also will not: violate any applicable federal or state law or engage in activities that: (a) give rise to criminal or civil liability or infringe any copyright, patent, trademark or service mark, trade secret rights or any other personal, moral, contract, property or privacy right of any third party; (b) contain or promote viruses, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or warez content or conduct; (c) encourage conduct that would constitute unlawful conduct or offensive conduct or (d) access the Site in any manner that adversely affects the goodwill and reputation of the ReputationMonitor service and/or Futuredontics or (e) all registration information you provide is truthful and accurate and that you will maintain the accuracy of such information throughout the term.
9.  Disclaimer
THE SERVICE IS PROVIDED "AS IS", AND FUTUREDONTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS REGARDING THE SERVICE OR TECHNOLOGY. FUTUREDONTICS, ITS REPRESENTATIVES, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICE OR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES, THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE AND NOT INTERRUPTED, OR HARMFUL CODE. FUTUREDONTICS MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, TIMELY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SITE.
10.  Limited Liability
FUTUREDONTICS SHALL NOT BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, TORT OR COVER DAMAGES; DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER OR NOT YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES; COSTS OF SUBSTITUTE SERVICES; OR LOSS OF DATA RESULTING FROM DELAYS, SERVICE BREACHES OR SERVICE INTERRUPTIONS.
IN NO EVENT SHALL FUTUREDONTICS BE LIABLE TO ANY SUBSCRIBER IN ANY AMOUNT THAT EXCEEDS THE AMOUNT OF FEES PAID OR CHARGED FOR A MONTH OF SERVICE. For the avoidance of doubt, Subscriber expressly agrees that Subscriber’s sole and exclusive remedy for any and all claims for damage under this Agreement is limited to the total sum of fees paid by Subscriber for one month, or if Service is being provided for free, for the value of one month of service.
11.  Miscellaneous
11.1 Governing Law
Futuredontics, Inc. maintains this Site in California, U.S.A. and Subscriber agrees that this Agreement will be interpreted and construed in accordance with the laws of the State of California without reference to its choice of law rules. Any disputes arising out of this Agreement shall be resolved before a single arbitrator through binding arbitration to be conducted before J.A.M.S./Endispute, Inc. in Los Angeles, California, and under its then existing rules governing arbitration of commercial disputes. Any award made by an arbitrator shall be binding upon the Parties and may be entered into judgment in a court of competent jurisdiction. Further, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and nontaxable, and reasonable attorneys’ fees.
11.2 Independent Contractor
Neither party shall represent itself to be an agent, joint venturer, principal or owner of the other.
12.  Complete Agreement
This Agreement constitutes the Parties’ complete agreement as to the subject matter covered by this Agreement and supersedes all prior verbal or written agreements.
13.  Contact Information
If you have any questions or concerns about these Terms or if you need any further assistance using or accessing the Site or the Services offered by ReputationMonitor, you may contact us as indicated below.
Email: Support@18DReputationMonitor.com
Mailing Address:
Customer Service- ReputationMonitor
Futuredontics, Inc.
6060 Center Drive 7th Floor
Los Angeles, CA 90045
Telephone: 855-249-1491