These terms govern your access to and use of dasconsultantsusa.com. Please read them carefully before using our website or services.
These terms of use are entered into by and between You and DAS Consultants LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.dasconsultantsusa.com, including any content, functionality and services offered on or through www.dasconsultantsusa.com (the "Website"), whether as a guest or a registered user.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.
If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
By opting in to receive SMS messages from DAS Consultants, you consent to receive text messages related to customer service updates and appointment reminders. Your phone number and any information obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
If you have consented to receive SMS messages from DAS Consultants, you may receive messages related to:
We aim to keep SMS communication at a minimal level. You can expect to receive no more than 100 text messages per month. This frequency may vary based on your interactions with us.
Standard message and data rates may apply based on your mobile carrier's pricing structure. DAS Consultants is not responsible for any messaging fees imposed by your carrier.
Customers will opt in for SMS messaging through intake forms on our website at www.dasconsultantsusa.com. SMS consent will not be shared with third parties for marketing purposes.
When collecting phone numbers on our website, we provide an opt-in checkbox that is not pre-selected and is optional. The statement reads: "I agree to Terms & conditions and Privacy Policy provided by DAS Consultants. By providing my phone number, I agree to receive text messages from DAS Consultants."
You may opt out of receiving SMS messages at any time by replying STOP to any received SMS message. Once opted out, you will receive no further SMS communication. You can opt back in at any time by replying START.
Opt-in Message: "Thank you for opting into SMS messages from DAS Consultants. To opt out at any time, reply STOP. For assistance, reply HELP. Message and data rates may apply. Messaging frequency may vary."
Opt-Out Message: "Thank you for opting out of SMS messages from DAS Consultants. To opt back in at any time, reply START. You will not receive any further SMS communication."
Help Message: "Thank you for contacting DAS Consultants. For immediate assistance, please contact us at 347-220-8813 or visit www.dasconsultantsusa.com."
By using our services or communicating with us, you acknowledge and consent that Company may record, monitor, and retain telephone calls, video calls, and related communications for quality assurance, training, compliance, and business purposes, subject to applicable law. You are responsible for ensuring that any third party participating in a communication with Company is informed of and consents to any recording where required by law.
Company gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Company as part of the Services provided to you by Company. You may use this software for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content in any way, except as permitted by the Terms.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
The Website and its entire contents, features and functionality are owned by the Company, 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.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@dasconsultantsusa.com.
The parties agree that the Services are provided as a hosted software subscription (Software-as-a-Service) and do not involve the servicing, maintenance, or repair of any real or personal property. Accordingly, the parties acknowledge that statutes governing automatic renewal of service or maintenance contracts for property, including New York General Obligations Law §5-903, do not apply to this Agreement.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to use any robot, spider or other automatic device to access the Website, introduce any viruses or other malicious code, or attempt to gain unauthorized access to any parts of the Website or its servers.
The Website may contain interactive features that allow users to post content or materials on or through the Website ("User Contributions"). All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, take appropriate legal action for any illegal or unauthorized use of the Website, and terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
User Contributions must not contain any material which is defamatory, obscene, abusive, offensive, harassing, violent, hateful, or otherwise objectionable; promote sexually explicit material, violence, or discrimination; infringe any intellectual property rights; violate the legal rights of others; promote any illegal activity; or give the impression that they emanate from or are endorsed by us if this is not the case.
If you believe that your copyright-protected work has been copied in a way that constitutes copyright infringement, please provide the required information to our Copyright Agent at info@dasconsultantsusa.com, including a description of the copyrighted work, location of the infringing material, your contact information, and a statement of good faith belief that the use is not authorized.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this 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 Website.
All purchases through our site or other transactions for the sale of services or information formed through the Website is subject to the terms of a Purchase Agreement in addition to the Terms of Use. Unless otherwise specified, all fees are in United States dollars. Except as required by law or otherwise stated, all fees are nonrefundable.
Your failure to pay undisputed fees when due constitutes a material breach of these Terms of Use. If payment is not made within thirty (30) days of when it is due, Company may, in its sole discretion: (i) charge a late fee of 1.5% per month on the unpaid balance; (ii) charge your payment method on a prorated monthly basis; or (iii) suspend your access to the Services.
Collections Provision: Customer consents to all payments being made directly to DAS Consultants, LLC from Customer's account receivables for any balance owed, without further notice in the event of unpaid fees. This provision is irrevocable until the full balance owed is paid in full.
DAS Consultants, LLC will deliver all services and deliverables as outlined in the applicable Purchase Agreement, Statement of Work, or Payment Agreement, regardless of whether the Client chooses to use, publish, implement, or otherwise act upon such deliverables. DAS Consultants, LLC's obligation is fully satisfied upon delivery of the agreed-upon services or deliverables, and the Client's obligation to pay all associated fees is not contingent upon the Client's use, publication, or implementation of such deliverables.
DAS Consultants, LLC provides marketing, digital, and technology services. While our services are designed to improve exposure and assist in generating new opportunities, we do not guarantee any specific results, outcomes, patient leads, revenue, or referrals. The effectiveness of marketing services can vary based on numerous factors outside of DAS Consultants, LLC's control, including market conditions, competitive activity, client participation, and implementation by the client or their representatives.
The Client's obligation to pay for any Renewal Term is not contingent upon actual usage of the Services during that term. Client acknowledges that Deliverables may be scheduled, reserved, or otherwise allocated in advance and that any non-use by Client does not relieve Client from payment obligations.
By entering into this agreement, the client acknowledges and agrees that all payments made are non-refundable and not subject to proration. The client further waives any right to initiate a chargeback with their credit card issuer or payment processor.
In the event that a chargeback is submitted in violation of this agreement, the client shall be responsible for a one-time administrative fee equal to twenty-five percent (25%) of the total contract value, or two thousand five hundred dollars ($2,500), whichever is greater. This administrative fee will be invoiced immediately and is payable upon receipt, regardless of the outcome of the chargeback process.
Without limiting other remedies, Company may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. After any termination, we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you will immediately cease.
If you enter into a contract with Company for Services, your contract is for the minimum of one year. You do not have the right to terminate for convenience unless you pay the remainder of the fees due under the current term of the agreement.
All contracts will automatically renew at the end of each term unless either party provides verbal and written notice of non-renewal at least 30 days prior to the end of the current term. The Terms of Use will continue to apply during any renewal period.
Renewal by Continued Performance: If the Client continues to access, use, accept, or benefit from any Services after the expiration of the then-current Term, such continued use shall constitute the Client's binding agreement to renew this Agreement for a Renewal Term on the same terms and conditions (including fees), unless otherwise agreed in writing.
No Early Termination; No Refunds: Customer cannot cancel the Contractual Agreement during the Term in effect. DAS Consultants does not provide refunds if Customer decides to stop using the Service before the end of the Term.
The Services incorporate certain third-party software licensed subject to the terms and conditions of the third party licensing such software. You may be able to access third party services, resources, content, or materials as part of your use of the Services. You acknowledge and agree to sole responsibility for and assume all risk arising from your access to or use of any such third party materials. Company disclaims any liability that you may incur from your access to or use of such materials.
To the extent required by law and as applicable to the parties, the parties shall comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the "TCPA"). You will be solely responsible for complying with any messaging consent obligations under the TCPA and TSR in the course of accessing and using the Company Services. You are responsible for obtaining explicit consent(s) from any and all third parties (including your customers) to send and receive SMS and/or emails using the Company Services.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
All matters relating to the Website and these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
This website is operated by DAS Consultants LLC, 10 West 33rd Street, New York, NY 10001.
All notices of copyright infringement claims and all feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@dasconsultantsusa.com