This is a template provided for your convenience.
You are strongly advised to adapt the text to fit your particular case.
This User Agreement is between Dental Online Training, LLC and the person or entity that has checked the “AGREE” box at the end of the registration page at www.dothandson.com/registter or is using any portion of the dothandson.com website. This Agreement sets forth the general terms and conditions of your use of the Dental Online Training website, courses, mobile app, social media site or other content / service and the content, products or services purchased or accessed through the dothandson.com, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. By checking the “AGREE” box you are agreeing to comply with and be bound by all the terms of this Agreement. If you do not agree to these terms, please do not use the Website.
I. Sign Up Page Registration, Accounts and Practice Information.
Dothandson.com contains many features, including the capacity to allow uploading, downloading and streaming of certain photographic and video content. In order to use such features, you must first register with Dental Online Training (DOT). You may register with DOT and create a personal account by fully and accurately completing the sign up page, and providing to DOT such fully accurate information as DOT may reasonably require, including without limitation, your name, street address, credit card number, email address, zip code, practice name, and dental school info. Your Account is personal to you, and you may not share it or allow it to be used by anyone other than you. You are solely responsible to ensure that your Account is used only by you (or authorized people in your entity, if applicable) and in a manner consistent with this Agreement. DOT shall allow you to select a user name and password for your Account, subject to DOT’s rules. You agree to keep such user name and password confidential, and not allow any third party to access or use such user name or password.
A. DOT Users
1. Licensed dentists in the U.S. need to provide dental office address to receive dental products. If we cannot find the address to be a dental office, we will not mail the products until a correct address is provided. If product returns, we will not send it again until address is updated
2. Dental Students. We will mail the dental products to the university with attn to the student or the student might contact us (email@example.com) to request a different mailing address.
II. Fees and Payment
Memberships - When you register and create an Account, you will be able to become a member and pay a monthly or yearly subscription fee. The user who owns the account is the only person authorized to take the view the courses. Such courses are not available to any affiliated dentist or dental practice (whether affiliated by common ownership, contract or otherwise) or any expansion of the dental practice via the addition of dental professionals or via merger or acquisition. DOT reserves the right to change or modify its Fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to you. All fees are in U.S. Dollars (USD). We are not responsible for any exchange rate variances, currency fluctuations, third party charges or fees associated with payment by any currency other than U.S. Dollars.
B. Payment Method. You may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card. DOT will not accept checks or establish any direct debit or payment from a bank account. DOT will automatically charge all Fees for selected Services and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address provided during the checkcout process. Your Payment Method on file must be kept valid if you have any active Services in your Account.
Memberships - You might cancel your membership anytime during your membership cycle and we won't charge your card again. You will keep access to your membership until the current membership cycle ends. From time to time, DOT may offer free trial periods. We will send you an e-mail three days before your trial ends. Cancel your membership before your trial expires and you won't be charged.
D. Nonpayment. If for any reason DOT is unable to charge your Payment Method for the full amount of the courses ordered by you, or if DOT rreceives notification of a chargeback, reversal or payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, DOT may deem such nonpayment or penalty a material breach of this Agreement by you. If such breach is not cured by you within 10 days after receiving notice from DOT, DOT may suspend any or all Services. If such breach is not cured by you within 30 days after receiving notice from DOT, DOT may pursue all available lawful remedies in order to obtain payment, an may immediately, without further notice to you, terminate any or all Services and/or purge DOT course of your Account and records. DOT also reserves the right to charge you reasonable administrative fees or processing fees up to $50.00 for (i) tasks DOT may perform outside the normal scope of its Services, (ii) additional time and/or costs DOT may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by DOT in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention and (ii) recouping any and all costs and fees, including the cost of courses, incurred by DOT as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to your primary payment method.
E. Reinstatement. If your account has been suspended or cancelled, you must cure any default before DOT will reinstate your Account and continue providing the Services. If you request reinstatement after your account has been suspended or cancelled for 10 days or more, DOT will charge a $50.00 reinstatement fee to your primary Payment Method.
F. PayPal. By using DOT’s pay by PayPal payment option (“PayPal”), you can purchase Courses using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”). It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor DOT shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and DOT may pursue all available lawful remedies in order to obtain payment. You agree that if any PayPal transaction is returned unpaid, you will pay a service charge equal to the lesser of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source. By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
G. AmazonPay. By using DOT’s pay by AmazonPay payment option (“AmazonPay”), you can purchase Courses using your Amazon Accoun. In connection therewith, you agree to allow Amazon to debit the full amount of your purchase from your Amazon account (“Amazon Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your Amazon Account. It is your responsibility to keep your Amazon Account and current and funded, and your Amazon Account backed by a valid credit card. You acknowledge and agree that (i) Amazon reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Amazon Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither AmazonPay nor DOT shall be liable to you or any third party regarding the same. If for any reason Amazon is unable to withdraw the full amount owed for your purchase, you agree that Amazon and DOT may pursue all available lawful remedies in order to obtain payment. You agree that if any Amazon transaction is returned unpaid, you will pay a service charge equal to the lesser of $25.00 or the maximum amount allowed by law, which may be debited from your Amazon Account. By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your Amazon Account.
H. Trial Periods. DOT may offer the opportunity to view courses for free on a limited “trial” basis and without any applicable Fees. Any such offer and temporary course shall be subject to the terms of this Agreement.
III. Use of the Website.
A. DOTHANDSON.COM. The Website contains a course player in which text, photographs, online videos and other educational content and materials regarding dentistry are presented (the “DOT Online”).
B. Discussion Board and Blog. The Website contains a discussion forum (the “Discussion Board”) in which you may post questions regarding dentistry, and in which you may comment upon or answer questions posted by others. The Website also contains a weblog (“Blog”) which contains commentary and information from Dr. Dennis Hartlieb, and on which you may also comment. Your questions, answers and comments with respect to the Discussion Board and the Blog are referred to collectively as “Commentary.” Commentary may not include confidential, personally identifiable information or personal health information about individuals or patients.
C. Streaming Video. DOT may, from time to time, make available on the Website certain still photographs or videos of dental patients and procedures (“Stock Material”). Such Stock Material shall belong solely to DOT or its licensors; provided, however, that if you have complied with this Agreement and paid any applicable Fees, you may access such Stock Material. Subject to your performance under this Agreement, including, without limitation, the timely payment of Fees, DOT hereby grants to you a revocable, non-exclusive, non-transferable license (without the right to grant sublicense) to use, copy and display Stock Material: (i) solely at the dental offices owned and operated by you to facilitate the provision of dental services to your patients; (ii) solely in the manner provided by DOT, without any alteration and with such notices and legends as may accompany such Stock Material; and (iii) solely in an honest and fair manner in order to illustrate to, and for the benefit of, your patients’ various dental and periodontal conditions, treatment options and possible outcomes. There are no implied licenses under this Agreement.
D. Postings. DOT may from time to time allow you to use your Account to submit your own still or video photographs of your patients without any identifying personal health information (collectively, “Postings”) to the Website to be stored by DOT on its servers for access by you via your password. In such case, you agree to ensure that you have all rights, including written consents to transmit and upload the patient’s protected health information to your Account, necessary to submit Postings, and that neither you nor any third party has any expectation of privacy or confidentiality as to any Postings. You shall be solely responsible for your Postings and the consequences of submitting them. In connection with Postings, you represent and warrant that you have all necessary rights to allow inclusion and use of the Postings on the Website.
E. Licenses. By submitting Commentary or Postings to DOT, you hereby grant DOT a worldwide, non- exclusive, royalty-free, paid-up, sublicensable, perpetual, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform such Commentary and Postings in connection with the Website and DOT’s (and its successors’ and affiliates’) businesses. You understand and agree that DOT may retain indefinitely copies of Commentary and Postings that have been removed by DOT from the Website.
F. Restrictions. In connection with Commentary and Postings and your use of the Website, you agree that you will not submit material that is illegal, inaccurate, hateful, racist, offensive, vulgar, obscene, indecent or objectionable. In connection with Commentary and Postings, you also agree that you will not submit confidential, personally identifiable information or personal health information about individuals or patients and material that is infringing third party rights, misappropriating third party rights, copyrighted by, protected by trade secrets of or otherwise subject to the proprietary rights (including, without limitation, privacy and publicity rights) of any third party, unless you have permission from that third party to do so and to grant DOT all of the royalty-free license rights granted herein. You agree that DOT shall be the sole arbiter of whether any Commentary and Postings are in breach of any and all of the foregoing obligations. You further understand and agree that the Website (including, without limitation, the Digital Campus, the Discussion Board and Blog, and further including without limitation any and all Commentary and Postings) may include information that is inaccurate or incomplete. You therefore agree that you will not rely on the Website for professional advice or guidance, and DOT has no liability with respect to any reliance. DOT may, but is not obligated to, monitor, edit, refuse to post, or remove any Commentary or Posting, in DOT’s sole discretion. Nevertheless, DOT is not responsible for the content of Commentary or Posting posted by you or other users. We do not verify the accuracy of the information contained therein and any monitoring we perform should not be relied upon by you for any purpose.
Does HIPPA apply to dentistry? Should you have a hippa paragraph here?
G. Removal. DOT does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and DOT reserves the right to remove any and all Commentary and Postings without notice.
Any use of the Website through your Account or otherwise must conform to the following:
A. You will not redistribute any part of the Website or any content appearing on or visible through the Website, including, without limitation, Commentary or Postings.
B. Except for permitted Commentary and Postings, you will not change, remove, obscure or add to any part of the Website.
C. You will not gain access to or view Stock Material through any technology or means other than interface pages of the Website itself.
D. If you use a DOT uploader program, you agree to use such uploader solely in conformance with this Agreement and solely to upload Commentary and Postings to the Website.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “worms,” “Trojan horses,” or other automated programs to access the Website. You will not obtain or attempt to obtain any personally identifiable information from any other users or third parties from the Website. You agree to not conduct any systemic or automated data collection activities (including without limitation any scraping, data mining, data extraction, data harvesting, or the like) on or in relation to the Website. You agree to not access or interact with the Website using any robot, spider, or other automated means.
F. You agree that DOT may add to, delete from or modify the Website at any time without notice and without permission from you or any third party.
G. You agree that the content on the Website and the trademarks and service marks on the Website are owned by or licensed to DOT, and that you have no license or other rights of use with respect to the same. You agree to not republish, redistribute, sell, rent, exploit for a commercial purpose, show in public, or sub-license any Commentary and Postings or other content or material from the Website.
H. You may access others’ Commentary and Postings on the Website solely for your own use. We do not monitor, vet or edit, and are not responsible for, any Commentary or Postings on the Website, and your reliance on such Commentary or Postings on the Website is at your own risk. You may not use data collected from the Website for any direct marketing activity, or to contact any individual, company, other person or other entity.
I. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website, and you will not impersonate any third party or interfere with any third party’s use of the Website.
J. You agree to defend, indemnify and hold harmless DOT (and our officers, directors, employees, members, shareholders, managers, subsidiaries, affiliates, counsel, insurers, representatives, and agents) from and against any and all claims, damages, threats, suits, proceedings, losses and liabilities (including attorneys’ fees) arising from or related to: (i) your use of and access to the Website or any disclosure or unauthorized use of your user name or password; (ii) your violation of this Agreement; (iii) your violation of any law, regulation or third party right, including, without limitation, any copyright, property or privacy right; (iv) any claim that one of your Commentary or Postings caused damage to a third party; or (v) a dispute with another user or patient. This defense and indemnification obligation will survive the expiration or termination of this Agreement.
K. Expand indemnification provision?
L. You agree to not use the Website to impersonate or attempt to impersonate DOT, a DOT employee, another DOT user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
L. You agree to not use the Website to impersonate or attempt to impersonate DOT, a DOT employee, another DOT user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
V. Content, Commentary and Postings.
A. Use. DOT may terminate your Account and your access to the Website at any time and for any reason. DOT reserves the right in its sole discretion to decide whether Commentary or Postings are appropriate and comply with this Agreement.
1. Notices. If you are a copyright owner or an agent thereof and believe that any part of the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing DOT’s Copyright Agent (identified below) with the following information in writing:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit DOT to locate the material;
d. Information reasonably sufficient to permit DOT to contact you, such as an address, telephone number or email address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Copyright Agent. DOT’s designated Copyright Agent to receive notifications of claimed infringement is: Marco Madeira, email: firstname.lastname@example.org. Only claimed infringement notifications may be sent to the Copyright Agent.
C. HIPAA. Our Services do not contain any protected health information. You agree that you will not post confidential, individually identifiable information, or protected health information about individuals or patients in violation of HIPAA. You may report a suspected HIPAA violation by fax, mail or email as set forth below.
D. Children’s Privacy. We are committed to protecting the privacy of children. You should be aware that our sites are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
VI. Your Conduct.
You understand and agree that perfect security does not exist anywhere, and you will therefore protect your Practice Information in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Practice Information to those that would reasonably be expected to improperly use or disclose that Practice Information.
The term of this Agreement will continue until terminated by you or DOT. DOT may suspend access to your Account, and either party may terminate this Agreement, at any time with or without notice and with or without cause. Termination of this Agreement shall not relieve you of your payment obligations hereunder or your liability for any breach of this Agreement occurring before the effective time of termination. The provisions of Sections III.E., III.G., IV, V.E., and VII – XIII inclusive shall survive the termination of this Agreement.
VIII. Other Agreements.
IX Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR RELATED TO THE INFORMATION, CONTENT, AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE WEBSITE, BY ANOTHER USER, OR BY UNAUTHORIZED ACCESS TO THE WEBSITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, DISRUPTIONS OR DELAYS ON THE WEBSITE, THIRD PARTY ACTIONS TAKEN THROUGH THE WEBSITE, ACTIONS TAKEN RELATED TO YOUR ACCOUNT, MALWARE OR COMPUTER VIRUSES OBTAINED BY USING THE WEBSITE, OR LINKS ON THE WEBSITE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DOT UNDER THIS AGREEMENT OR REGARDING THE WEBSITE EXCEED ONE THOUSAND DOLLARS ($1000.00). Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
If you have a dispute with one or more users, you release DOT (and our officers, directors, employees, members, shareholders, managers, subsidiaries, affiliates, counsel, insurers, representatives, and agents) from any and all claims (monetary or otherwise), demands, lawsuits, attorneys’ fees, costs, losses, liabilities and/or causes of action, whether under contract, tort, or any other theory of legal liability, and whether presently known or unknown, accrued, liquidated or contingent, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XI Jurisdiction and Venue.
This Agreement shall be subject to the laws of the State of Illinois as apply to contracts entered into and performed in Illinois between Illinois residents and without regard to conflicts of laws principles. The State and Federal courts located in Chicago, IL (?), shall have sole and exclusive jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
DOT PROVIDES THE WEBSITE AND ALL SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY. DOT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE.
Add something specific about the materials being sent to the users and disclaim all warranties related to them.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of DOT. Any purported assignment without such permission shall be void. This Agreement, including corresponding access to your Practice Information, Commentary and Postings, may be assigned by DOT in whole or in part without notice. Any waiver of any rights of DOT under this Agreement must be in writing, signed by DOT, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Website shall at all times comply with all applicable laws, rules and regulations. Except as set forth in Section VIII, this Agreement is the entire agreement between you and DOT with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You agree that: (i) the Website shall be deemed solely located in Illinois; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over DOT, either specific or general, in jurisdictions other than Illinois. YOU AND DOT AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions or comments about DOT or this Agreement, you may contact DOT at:
Dental Online Training, LLC
2600 Compass Rd, Ste 100