The following constitute the terms and conditions (the “Terms and Conditions”) to which, you, as the end user, agree when booking any online training or webinar course services provided by Brett Gilbert, DDS (“Licensor”).
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING OR ACCESSING THE SERVICE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS.
Grant of License. In consideration of payment of the the price you paid for access to the services (the “Course Registration Fee”) Licensor grants you, as licensee, a nonexclusive right to access such services, wherein you may, use and (if applicable) temporarily download one copy of the Online Course (as herein defined) and other materials for personal, non-commercial viewing only (the “License”). Under this License you may not:
- modify or copy the Online Course (as herein defined);
- use the Online Course (as herein defined) for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer the Online Course;
- remove any copyright or other proprietary notations from the Online Course; or
- transfer the Online Course to another person or “mirror” the materials on any other server.
This License will automatically terminate if any of these restrictions are violated. This License may be terminated by Licensor at any time.
- Intellectual Property. For purposes of these Terms and Conditions, “Online Course” refers to certain educational course materials provided by Licensor which include but are not limited to, online lectures, speeches, video lessons, tests, presentation materials, homework assignments, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML files. All Online Course content is owned exclusively by Licensor. No Online Course material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without obtaining the prior permission of Licensor. Any such use is strictly prohibited and will constitute an infringement of Licensor’s intellectual property rights.
- User Accounts. In order to access the Online Course, you must create an account (the "Account"). In setting up your Account, you will be prompted or required to enter personal information, including your name and email address and a user password. You agree that you will never divulge or share access or access information to your Account with any third party for any reason. Your Account information will be collected and hosted by our learning management system provider, Thinkific. For any paid products, your credit card or other payment information, billing address, and such other information as is required to complete the transaction will be collected by our learning management system provider.
- DISCLAIMER OF WARRANTY AND LIMITED WARRANTY. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, FOR THE USE OR RESULTS OF THE ONLINE COURSE AND MATERIALS, THAT YOU WILL SUCCESSFULLY COMPLETE THE ONLINE COURSE, OR THAT ANY PARTICULAR LEVEL OF KNOWLEDGE WILL BE ATTAINED BY YOU THROUGH COMPLETION OF THE COURSE. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED IN THE ONLINE COURSE IS FOR INFORMATIONAL PURPOSES ONLY AND THAT SUCH INFORMATION SHALL NOT BE CONSTRUED OR RELIED UPON AS MEDICAL OR CLINICAL ADVICE. FURTHER, LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE ONLINE COURSE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY LICENSOR, LICENSOR’S AGENTS, DISTRIBUTORS, OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY ON SUCH ADVICE OR INFORMATION. LICENSOR DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY. LICENSOR DOES NOT ACCEPT RESPONSIBILITY FOR ANYONE ACTING AS A RESULT OF INFORMATION IN, OR VIEWS EXPRESSED ON, THE ONLINE COURSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR’S AGGREGATE LIABILITY TO THE OTHER SHALL NOT EXCEED THE COURSE REGISTRATION FEE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, AND, THUS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Termination. You agree that Licensor, in its sole discretion, may limit, suspend, or terminate your use of the Online Course for any reason or no reason, including, without limitation, if Licensor believes that you have: (a) violated or acted inconsistently with the letter or spirit of these Terms and Conditions; (b) infringed upon Licensor’s intellectual property rights; or (c) posted, uploaded, or transmitted unauthorized content to the Online Course. You agree that any deactivation or termination of your access to the Online Course may be effected without prior notice to you and that Licensor shall not be liable to you nor any third party for any termination of your Account. You also understand that Licensor reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Online Course, or any part or portion thereof, with or without notice to you.
- Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Licensor.
- Severability. If any part of these Terms and Conditions is held invalid or unenforceable, such holding shall not in any way affect the enforceability of the remaining sections.