1-8 E DENTURES Terms of Service

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Terms of Service Agreement for Users

1-8 E DENTURES (the “Company”, “us,” “we” or “our”)provides certain services,to dental offices/practices, dentists, and patients seeking dentist/s through, among other things, our premium toll free vanity telephone number 1-8 E DENTURES (1-833-368-8737), proprietary technology, in-bound call processing platform, Text/SMS messaging platform, web technology, software, and mobile applications, including our web application 18edentures.com (the “Website”) and our mobile application (under development) and any mobile application owned by the Company and used by you in connection with products and services provided by the Company (collectively, the “App”).

Use of website, 18edentures.com and associated services to the Company are all subject to the terms of this legal agreement between you and Company. Company offers services to you, dental offices/practices, dentists, and patients seeking dentist/s and general public interested in dentistry and associated services(the “User”), conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your registration with 18edentures.com and/or use of associated services constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Service on a regular basis. With respect to 18edentures.com, this agreement is in essence the grant to you by Company of a limited license to visit and use the 18edentures.com website subject to this Terms of Service agreement. Each visit or use by you constitutes a new limited license and a re-affirmation of the Terms of Service incorporating any intervening changes.

Furthermore, all other agreements between you and Company will be subject to the provisions of this Terms of Service agreement. But you may not use the service or agree to the Terms of Service or use any of Company’s services or enter into any valid contract with Company if you are not of legal age or incapable of forming a binding contract

Company allows Users to locate, view, review and book appointment with local dentists searchable by Zip Code, address, metro or specific location. Users agree to supply Company with information about themselves and their specific dental needs.. Company will use this information within Company and will provide certain details on an anonymous or non-anonymous basis depending on the Company service to third parties who are, in most cases, appropriate members of its dentist network. Users may also agree to have the information he/she has supplied to Company forwarded to dental offices/practices and/or dentists or other third-party professionals referred by Company. As Company uses email, and Text/SMS on a regular basis, to provide services, all Users must consent to receive Email and Text/SMS from Company to register for Company’s services. Users also agree to receive calls from Company when using Company’s services. Users will also be required to consent to receive emails and Text/SMS from third party/ies if the Company service requested requires services from a third party/ies.

Company refers dental offices/practices, or dentist/s to Users, but Company does not engage in actual dental practice, Dental consultation, and any associated dental work is performed by dentists duly licensed in the state, county or city as required, where they practice, and registered with the Company, and/or local to the User and have requested Company to provide patient leads. The terms of any agreement between a dental offices/practices, or dentist/s and Users are not endorsed, recommended or otherwise known to or by Company.

For its services Company may receive payment including, but not limited to a referral fee that may be a monthly/annual subscription fee or lead generation fee or percentage of total spend by the User. Company’s payment is due based on an agreement between Company and the dental offices/practices, or dentist/s involved. Your registration with 18edentures.com , or mobile app, and use of Company services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

Company may from time to time offer eligible Users promotional opportunities to incentivize use of Company’s services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives that are only available to Users who use a Company affiliated dental offices/practices, or dentist/s. User eligibility for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities.

To assure the value of Company’s services, you agree that all of the information you have provided to Company, whether online or otherwise, is accurate and complete. Company reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading. If required by the terms of the Company’s service requested by User, you authorize Company to forward your information to its network of dental offices/practices, or dentist/s according to the terms of the Company’s service that you use.

Obligations of Users

By completing your registration with 18edentures.com as a potential User of dental services offered by network of Company dental offices/practices, or dentist/s you agree that:

  • You are of legal age and are otherwise capable of forming a legally binding contract;
  • You are interested in dental services or consultation for dentistry related services
  • You acknowledge that Company recommends your independent use of dental services offered by network of Company dental offices/practices, or dentist/s as 18edentures.com, makes no representations and/or warranties about any dental services provided by dental offices/practices, or dentist/s that may use the Company service.
  • You do not have an exclusive contractual or other arrangement with any dental offices/practices, or dentist/s for using 18edentures.com website or agreeing to the terms of using 18edentures.com
  • You agree to be contacted via Email, Text/SMS or other means by Company, and by third parties for services you have requested;

Void Where Prohibited

Although 18edentures.com is accessible worldwide, not all products or services discussed or referenced on 18edentures.com are available to all persons or in all geographic locations or jurisdictions. 18edentures.com reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on 18edentures.com is void where prohibited. In addition, 18edentures.com /Tiny Planet Inc. makes no representation that materials on 18edentures.com are appropriate or available for use in locations outside the United States; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access 18edentures.com from locations outside the United States do so on their own initiative and are responsible for compliance with local laws.

Referral Fee

Dental offices/practices, or dentist/s who partners with Company agrees to pay a referral fee and/or patient lead fee and/or subscription fee as stated by the terms and conditions of the Subscription agreement/Referral Agreement or Lead fee agreement signed by or agreed on web by dental offices/practices, or dentist/s

Modification of Company Services

Company reserves the right at any time to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, goods, content, product or service with or without notice to any User. Your continued use of the website or any service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Company shall not be liable to any User or to any third party should Company exercise its right to modify or discontinue a service.

Use of 3rd party services

You understand and agree that the dental offices/practices, or dentist/s and others who appear on the Company’s website or who may be referred by Company are not employed by Company. Company is not responsible or liable for any acts or omissions created or performed by these third parties. Company’s Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Company does not operate or control in any respect any information, software, products or services available on such Web sites. Company’s inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on their servers. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Our site features Google Maps, please review their privacy policy, legal notices and terms of service.

Webscraping of Listing & Property Data Is Not Allowed

Crawling the 18edentures.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another dentistry search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Company.

Links

Links provided on 18edentures.com are put there for the user’s convenience. Links may be directed to third-party content and other sites, meaning that 18edentures.com has no control over what is actually posted at the destination end sites. Company does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that Company can review the content and make changes to links where necessary.

License

Unless otherwise agreed in a writing signed by Company, by submitting content, photos, video, data or other materials directly through the mobile app, or Company’s web sites including 18edentures.com (collectively, “Materials”), you hereby grant to Company a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sub licensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers. You further grant to Company a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials.

Interactive Areas

The Company’s web sites may offer forums, blogs, bulletin boards and Question and Answers (collectively, “Forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Company does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Company web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Company responsible for any third party’s use of information contained in such posting.

Company Rights

Given the nature of the Company’s web sites and the volume of Materials submitted, Company cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the web site, including, without limitation, any Materials posted via the Forums. You expressly agree that Company: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you.

Representations and Warranties

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the web site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the web site shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; (e) your use of the web site shall not violate any agreements between you and a third party.

Indemnification

You agree to indemnify Company and its employees, contractors, agents, officers, directors, investors, assigns, subsidiaries and affiliates for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses(even if Company has been given notice or advice of the possibility of such damages) resulting from the use or the inability to use the service, whether such claim is based on breach of warranty, contract, tort(including negligence), or otherwise.

Company bears no responsibility for any damages arising from any failure of performance, failure of service, failure to maintain, omission, interruption, deletion, defect, delay in operation or transmission, error in operation or transmission, viruses, destruction, unauthorized access, altercation or use of records, breach of contract, behavior resulting in a tort claim, negligence and any other cause of action.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Company web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the Content contained in the Site or for any other unauthorized purpose without Company’s prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Company web site or Company’s hardware and software infrastructure or that of any of its Licensors or Suppliers.

Termination

Company reserves the right to cancel the membership of any User in any Company Service without liability at any time without notice for any reason, including a User’s breach of these Terms of Service, or the terms and conditions of any service for which the User may have registered. A User may cancel membership at any time for any reason by delivering a written notice by email to [email protected].

Copyright and Trade Mark Notices

All contents of the 18edentures.com website are Copyrighted material of the Company and or its suppliers. All rights reserved – 18edentures.com and 1-8 E DENTURES is a registered domain and service mark of Tiny Planet Inc. Other product and company names may be trade or service marks of their respective owners.

End of Terms of Service for User


Terms of Service FOR dental offices/practices, or dentist/s for Company

Company offers services to you, the “dental offices/practices, or dentist/s” conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your registration with Company and/or use of Company’s services constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. dental offices/practices, or dentist/s shall obtain any required certifications/licenses to practice prior to participation in any Company service, and dental offices/practices, or dentist/s expressly represents that all such certifications/licenses and permissions have been obtained. You are responsible for reviewing these Terms of Service on a regular basis.

Photography Service

If you choose to use the Company photography service for your magazine style profile, you recognize that Company holds all right, title and interest in and copyright rights in the resulting images as a work for hire under our contract with our photographers.

Obligations of dental offices/practices, or dentist/s Registered with Company

By completing your registration with 18edentures.com as a dental offices/practices, or dentist/s, you agree that:

  • You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the Company services;
  • You are an individual person (not a company or other association);
  • All information you submit to Company or pursuant to a Company service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to Company or to Users to ensure accuracy at all times;
  • YYou agree to be contacted via email, phone or text by Company, and third parties if relevant, regarding Company’s services;
  • You have acquired and will maintain appropriate insurance coverage and have complied with all licensing and regulatory requirements applicable to the areas for which you have requested Company service;
  • You will not refer Company supplied referrals to any other person;
  • You hereby grant Company permission to e-mail, Text/SMS, or display your Profile and such other information as may be supplied by you to Company on or from Company’s website (18edentures.com) and any such other partner and affiliate websites as Company shall deem advisable in its sole determination for marketing purposes.

SERVICE LEVEL AGREEMENT

Service Standards: Dental offices/practices, or dentist/s will make best efforts to follow up on all referrals generated through Company, thus reinforcing Company and its partners’ reputation. The dental offices/practices, or dentist/s will respond to each referral within 1-2 hours, during work day, or let Company know within that time frame of their inability to meet this minimum service standard. If the dental offices/practices, or dentist/s does not meet this service standard, Company may reassign, in its sole discretion, any un-serviced referrals to another dental offices/practices, or dentist/s.

The dental offices/practices, or dentist/s may not redistribute or resell any Company referrals without prior written permission from Company. Dental offices/practices, or dentist/s acknowledges that not all referrals will result in benefit to the dental offices/practices, or dentist/s, and that ongoing cultivation and superior customer service of these referrals may be required. Real estate agent realizes that referrals received through Company may be consumers who have previously used and/or are currently using other Internet real estate sites and services, including but not limited to Company’s, to help them in the home selling and/or buying process.

1-8 E DENTURES (Company) is a DBA of Tiny Planet Inc., corporation organized under the laws of the State of Nevada doing business as 1-8 E DENTURES. 18edentures.com and toll free vanity number 1-8 E DENTURES (1-833-368-8737) is owned and operated by Company. Company operates to assist dental patients in locating competent, trained, and qualified local dentists, dental offices that are licensed in their respective areas.

Disclaimers and Limitations on Liability

You expressly understand and agree that: Company provides the service on an “As-Is”, and “As-Available basis.” Using the service of Company is at your own individual risk. Any material that you download or otherwise obtain via the service is at your sole-own risk, and you will be solely responsible for any and all damages to your computer system for any loss of information or data resulting from downloading of such material.

The information provided by the service is deemed to be correct but Company cannot guarantee its accuracy. To the fullest extent permitted by law, Company expressly disclaims all warranties or representations of any kind, either express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness or particular purpose and non-infringement of proprietary rights, and warranties regarding the accuracy, sufficiency, veracity, value, aptness, inclusiveness, authenticity, safety, accessibility, operability, appropriateness, dependability, or relevance of the information, real estate data, and services provided through on in connection with, the service. Company does not intend the information to be a substitute for any professional advice. We recommend that you confirm the accuracy of any of the information portrayed on this website or through the course of the service. You are responsible to seek advice as deemed necessary.

Limitation of Liability

Company and its employees, contractors, agents, officers, directors, investors, assigns, subsidiaries and affiliates shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses(even if Company has been given notice or advice of the possibility of such damages) resulting from the use or the inability to use the service, whether such claim is based on breach of warranty, contract, tort(including negligence), or otherwise.

Company bears no responsibility for any damages arising from any failure of performance, failure of service, failure to maintain, omission, interruption, deletion, defect, delay in operation or transmission, error in operation or transmission, viruses, destruction, unauthorized access, altercation or use of records, breach of contract, behavior resulting in a tort claim, negligence and any other cause of action.

Online Listings

Company offers real estate agents the ability to upload his/her listings for display on the Company and other affiliated websites. Company makes no warranty or representation with respect to exposure or display of such listings.

License

Unless otherwise agreed in a writing signed by Company, by submitting or approving for posting content, photos, video, data, contact information, and or other materials directly through the Company web site (18edentures.com) or mobile app (when available) (collectively, “Materials”), you hereby grant to Company a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers. You further grant to Company a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials.

Errors and Delays

Company is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address or telephone number provided by you or other technical problems beyond our reasonable control.

Digital Millennium Copyright Act Policy

It is the policy of Company to respect the legitimate rights of copyright owners, their agents, and representatives while at the same time reducing the number of allegations that we receive that are fraudulent or difficult to understand or verify. This page explains our policy regarding notices of copyright infringement and is intended to implement the procedures for the reporting of alleged copyright infringement set forth in the United States Digital Millennium Copyright Act, or DMCA (see U.S. Copyright Office website, http://www.copyright.gov, for DMCA text). Our policy includes responding to clear notices of copyright infringement. The purpose of this page is to help you understand what should be present in these notices.

Designated Agent

Notices of copyright infringement should be sent to our Designated Agent.

Our Designated Agent to receive notification of alleged infringement under the DMCA is:

1-8 E DENTURES
Attn: DMCA Compliance
PO Box 67
Artesia CA 90702
Email to: [email protected]

Infringement Notifications

To file a notice of infringement with us, you must provide a written communication regular mail setting forth the information identified in each of the numbered paragraphs below. Email will not be accepted except by prior agreement. Please note that if you materially misrepresent that a product or activity is infringing your copyrights, you will be liable for damages, including attorneys’ fees and costs.

Please use the following format to assist us in expeditiously processing your request:

  • Identify the copyrighted work that you believe has been infringed using reasonable sufficient detail. For example, you may provide the title of the work, any ISBN number, or copyright registration numbers. You may also use URLs where the original copyrighted text appears.
  • Identify the material that you claim is infringing the copyrighted work listed in paragraph #1 above with reasonably sufficient detail to permit us to locate it. This requires that you provide any search query that you used to locate allegedly infringing content, and the URL for each allegedly infringing search result.
  • Provide Company information reasonably sufficient to permit us to contact you. If available, please provide your email address.
  • If available, provide Company information reasonably sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content. If available, please provide their email address.
  • Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Sign the notice.
  • Send the written communication to our Designated Agent at the following address:

1-8 E DENTURES
Attn: DMCA Compliance, Notifications
PO Box 67
Artesia CA 90702
Email to: [email protected]

We remind you that this legal notice will be forwarded to the person who provided the allegedly infringing content and may be sent to a third-party which may publish and/or annotate it.

Account Termination

Under appropriate circumstances, Company may, in its discretion, terminate authorization of users of its system or network who are repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please contact Company as set forth above and provide information sufficient for us to verify the repetitive infringing conduct

Dispute Resolution Process

Any claim or controversy arising out of or relating to the use of this Web site, to the services provided by Company, or to any acts or omissions for which you may contend Company is liable, including but not limited to any claim or controversy as to its arbitration value (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Orange County, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Company. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Orange County, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Company WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Company’s goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Company, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Orange County, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.