This User Agreement is between San Diego Dental Education Center (“SDDEC”) and the person or entity that has checked the “ I have read and agree to the website terms and conditions” box at the end of the sandiegodentalhealthcenter.com checkout page or is using any portion of the sandiegodentalhealthcenter.com website. This Agreement sets forth the general terms and conditions of your use of the San Diego Dental Education Center website, courses, posts, reviews, or other content, products, or service, purchased or accessed through the website sandiegodentalhealthcenter.com, and is in addition to any specific terms and conditions that apply to a particular service(s). By checking the “I have read and agree to the website terms and conditions” 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 sandiegodentalhealthcenter.com website.
Registration and Accounts
The website, sandiegodentalhealthcenter.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 the San Diego Dental Education Center (SDDEC). You may register with SDDEC and create a personal account by fully and accurately completing the registration page, and provide to SDDEC such fully accurate information as SDDEC may reasonably require, including without limitation, your name, street address, email address, zip code, practice name, and bio/dental school information. 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. SDDEC shall allow you to select a username and password for your Account, subject to SDDEC’s rules. You agree to keep such username and password confidential, and not allow any third party to access or use such username or password.
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 a product is returned, we will not send it again until the address is updated.
Dental Students. We will mail the dental products to the university with attention to the student or the student might contact us (email@example.com) to request a different mailing address.
The user who owns the account is the only person authorized to view a course(s). 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. SDDEC 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 be 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.
You may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card (to PayPal). SDDEC will not accept checks or establish any direct debit or payment from a bank account. SDDEC 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 checkout process. Your Payment Method on file must be kept valid if you have any active Services in your Account.
Refunds and Refund Credit
Because courses once viewed cannot be returned, we do not offer refunds, except in rare cases where a course was unavailable for viewing due to technical difficulties on our part. In such a case, you can request, within the (10) days of your purchase, that SDDEC apply a refund to your account. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion. If we decide to issue a refund credit to your account, it will be automatically applied towards your next course purchase on our website. Refund credits expire if not used within one (1) year and have no cash value unless otherwise required by applicable law. At our discretion, if we believe you are abusing our refund policy, such as if you’ve viewed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive a refund. For matters concerning a refund request, email us at firstname.lastname@example.org within the refund period.
If for any reason SDDEC is unable to charge your Payment Method for the full amount of the courses ordered by you, or if SDDEC receives the notification of a chargeback, reversal, or payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, SDDEC 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 SDDEC, SDDEC may suspend any or all Services. If such breach is not resolved by you within thirty (30) days after receiving notice from SDDEC, SDDEC may pursue all available lawful remedies in order to obtain payment, and may immediately, without further notice to you, terminate any or all Services and/or purge your account and records. SDDEC also reserves the right to charge you reasonable administrative fees or processing fees up to $50.00 for (i) tasks SDDEC may perform outside the normal scope of its Services, (ii) additional time and/or costs SDDEC may incur in providing its Services, and/or (iii) your non-compliance with this Agreement (as determined by SDDEC 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 SDDEC 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.
If your account has been suspended or canceled, you must resolve any default before SDDEC will reinstate your account and continue providing the Services. If you request reinstatement after your account has been suspended or canceled for ten (10) days or more, SDDEC will charge a $50.00 reinstatement fee to your primary Payment Method.
By using SDDEC’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 SDDEC 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 SDDEC 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.
SDDEC may offer the opportunity to view a course for free on a limited trial basis and without any applicable Fees. Any such offer and the temporary course shall be subject to the terms of this Agreement.
Use of the Website
The Website, sandiegodentalhealthcenter.com contains a course player in which text, photographs, online videos, and other educational content and materials regarding dentistry are presented (“SDDEC Online Content”).
Q&A, reviews, and Comments
The Website may contain a Questions and Answers function (the “Q&A”) in which you may post questions, and in which you may comment upon or answer questions posted by others. The Website also contains a blog (“Blog”) which contains commentary and information on which you may also comment. Your questions, answers, reviews, and comments with respect to the Questions and Answers function 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.
SDDEC makes available on the Website certain still photographs or videos of dental patients and procedures (“Stock Material”). Such Stock Material shall belong solely to SDDEC 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, SDDEC 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 SDDEC, 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.
SDDEC 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 SDDEC 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 the necessary rights to allow inclusion and use of the Postings on the Website.
By submitting Commentary or Postings to SDDEC, you hereby grant SDDEC a worldwide, non- exclusive, royalty-free, 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 SDDEC’s (and its successors’ and affiliates’) businesses. You understand and agree that SDDEC may retain indefinitely copies of Commentary and Postings that have been removed by SDDEC from the Website.
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 SDDEC all of the royalty-free license rights granted herein. You agree that SDDEC 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 Discussion Q&A 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 SDDEC has no liability with respect to any reliance. SDDEC may, but is not obligated to, monitor, edit, refuse to post, or remove any Commentary or Posting, in SDDEC’s sole discretion. Nevertheless, SDDEC 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.
SDDEC does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and SDDEC 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:
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.
Except for permitted Commentary and Postings, you will not change, remove, obscure, or add to any part of the Website.
You will not gain access to or view Stock Material through any technology or means other than the interface pages of the Website itself through a web browser.
If you use an SDDEC uploader program, you agree to use such uploader solely in conformance with this Agreement and solely to upload Commentary and Postings to the Website.
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.
You agree that SDDEC may add to, delete from or modify the Website at any time without notice and without permission from you or any third party.
You agree that the content on the Website and the trademarks and service marks on the Website are owned by or licensed to SDDEC, 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 Content, Digital Media, Commentary, Postings, or other content or material from the Website.
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, another person, or other entity.
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.
You agree to defend, indemnify and hold harmless SDDEC (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.
Expand indemnification provision
You agree to not use the Website to impersonate or attempt to impersonate SDDEC, an SDDEC employee, another SDDEC user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
Content, Commentary, and Postings
SDDEC may terminate your Account and your access to the Website at any time and for any reason. SDDEC reserves the right in its sole discretion to decide whether Commentary or Postings are appropriate and comply with this Agreement.
Intellectual Property; Limited License to Users
All content on this Website, including but not limited to images, videos, video courses, footage, music, and related metadata (collectively “SDDEC Content”), as well as the selection and arrangement of the SDDEC Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any SDDEC Content violates such laws and these Terms. Except as expressly provided herein or in a separate license agreement between you and SDDEC, SDDEC does not grant any express or implied permission to use the Website or any SDDEC Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any SDDEC Content. In addition, you agree not to use any data mining, robots, or similar data and or image gathering and extraction methods in connection with the Website or SDDEC Content.
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 SDDEC’s Copyright Agent (identified below) with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed.
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.
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 SDDEC to locate the material.
Information reasonably sufficient to permit SDDEC to contact you, such as an address, telephone number, or email address.
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
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.
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.
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.
Links to Websites
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 SDDEC. SDDEC 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 in this Agreement shall survive the termination of this Agreement.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SDDEC AND OR SDDHC 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 SDDEC 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 SDDEC (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.”
Jurisdiction and Venue
This Agreement shall be subject to the laws of the State of California as applied to contracts entered into and performed in California between California residents and without regard to conflicts of laws principles. The State and Federal Courts located in Los Angeles, CA, 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.
SDDEC PROVIDES THE WEBSITE AND ALL SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY. SDDEC 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.
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 SDDEC. 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 SDDEC in whole or in part without notice. Any waiver of any rights of SDDEC under this Agreement must be in writing, signed by SDDEC, 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. This Agreement is the entire agreement between you and SDDEC 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 the United States; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over SDDEC, either specific or general, in jurisdictions other than California. YOU AND SDDEC 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 OCCURRED. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Ways to Contact Us
If you have any questions or comments about SDDEC’s Website Terms of Sale or this Agreement, you may contact SDDEC at:
San Diego Dental Education Center
San Diego Dental Health Center
9350 Campus Point Drive Suite 1D
La Jolla, CA 92037
San Diego Dental Health Center, All Rights Reserved