DMD cEnter ContractDMD cEnter Contract:
TERMS OF SERVICE FOR
FREE AND PAID COURSES
Welcome to DMD cEnter, an online learning dental community to review, improve and master your knowledge and skills as dental professionals.
The Paid Digital Online and Offsite Training Programs of DMD cEnter is called "Dental Enhancement Skill Class", DESC in abbreviation. Both the Free and Paid aims to improve the skills of all dental professionals and NOT in anyway claims to provide Preceptorship or University Education or Masteral Degree or PhD. DESC's goal is to hone the skills of what dental professionals already know or review them or introduced or create awareness on something new such as development of dental technology. DMD cEnter considers DESC as an initial step for dental professionals to see if these skills or specialization maybe something for them to continually pursue in a higher learning platform.
We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of June 1, 2021.
Description of Service
The DMD cEnter Service allows users under dental profession, and to find digital online and offsite classes either free or paid that they are interested in taking, and allows Dental Speakers and/or Professionals in their own filed to offer to the DMD cEnter members to be participants or students who are interested in taking their classes.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
Copyright, Licenses and User Submissions
The entire contents of the Service are protected by Philippines’ and international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are DMD Center, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service that’s stated and specifically allowed by DMD cEnter solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.
You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by DMD cEnter in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by DMD cEnter in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of DMD cEnter or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the DMD cEnter name or trademarks without the express written consent of DMD cEnter.
Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms of Service as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms of Service. DMD cEnter does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize DMD cEnter to use the User Submissions in the manner contemplated by the Service and these Terms of Service.
You hereby grant to DMD cEnter a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to DMD cEnter by all means and in any media now known or hereafter developed. You also grant to DMD cEnter the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DMD cEnter for any alleged or actual infringement or misappropriation of any proprietary right in your communications to DMD cEnter.
We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See “Copyrights, Licenses and User Submissions” above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In accordance with the Digital Millennium Copyright Act (“DMCA”), we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to DMD cEnter’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that DMD cEnter is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
(a) remove or disable access to the infringing material;
(b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
(c) terminate such content provider's access to the Service if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
(a) A physical or electronic signature of the content provider;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Local Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the Philippines, for any judicial district in which DMD cEnter is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, DMD cEnter may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that DMD cEnter may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at DMD cEnter’s discretion.
Please contact DMD cEnter's Designated Agent at firstname.lastname@example.org. Alternatively, you may send a complete notice of copy infringement to the following address:
Grand Switch Corp.
Attn: Administrative Representative
G/F Chemphil Building Arnaiz Ave
Legaspi Village Makati City
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
You represent and warrant that you are at least 18 years of age and in the dental profession or related to dental services. If you are under age 18, you may not, under any circumstances or for any reason, use the Service.
You represent that you are a graduate, licensed practitioner and qualified to practice the dental profession when you enroll in any of our DESC training programs and will follow the rules and requirements provided by each DESC training programs you will enroll with us.
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. DMD cEnter will not be liable for any loss or damage from your failure to comply with this security obligation.
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.
Rules for All Users
DMD cEnter is a dental community or for people who provide services for the dental community. When you sign up for the Site, you agree to the following rules:
1. You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
2. Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
3. You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
4. You assume full responsibility for the content of the Service offered.
5. You understand that free Digital online or offsite classes and trainings posted are publicly available to be viewed and accessed by any of the DMD cEnter members and unregistered viewers while paid digital online or offsite classes and trainings posted are accessible only to those who paid for the digital online or offsite classes and trainings. If the paid enrollee shared their paid online program training with someone else via share screening or user's credentials to access or download or screen record the paid online program training/s, Grand Switch Corp. reserved the right to terminate the access of the enrollee or user and even terminate the user's account on DMD cEnter's website without prior notice. The user doesn't reserve the right for a refund of the paid DESC training program/s from which the user is enrolled to.
6. You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
7. You will not share content from the Service with anyone who is not properly licensed to access the content.
8. You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
9. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
10. You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
11. You will not impersonate any person or entity, including any of our employees or representatives.
12. You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
Specific Rules for Speakers | Mentors
When you publish a class on the Site, you agree to the following rules:
1. You will honor any enrollments through DMD cEnter at the price and time listed in the Service, and not to refuse enrollments or participation by any participants for any discriminatory or other illegal reason.
2. You grant us the right to place advertisements on your content at our sole discretion.
3. Any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
4. You represent and warrant to DMD cEnter that you are qualified to teach the classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
5. You understand that, if you teach a class, your participants will have the ability to post a review of this class. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
6. You will continue to own such content, but we will continue to have the right to use that content and to provide it to participants who have paid for or enrolled in your class. You may only request for removal of video classes or prohibit DMD cEnter to continually sell or feature it based on the Speaker’s contract signed between the Speaker and DMD cEnter prior to the offering of the said digital online or offsite class or training offered by the Speaker to DMD cEnter.
7. You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content. You agree that you will not submit content to DMD cEnter that violates the DMD cEnter Community and Class Guidelines, which may be occasionally updated.
8. DMD cEnter reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.
9. The Speaker shall strictly abide with the contract that the Speaker agreed with DMD cEnter prior to the launching of Speaker’s digital online and offsite classes either free or paid at DMD cEnter website/s and its affiliates.
Specific Rules for Participants
When you enroll in a class on the Site, you agree to the following rules:
1. You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access a class on DMD cEnter.
2. You will follow all reasonable rules set by the Speaker with respect to a class, and you will not take any actions to interfere with the Speaker or any other participants in an offsite class.
3. You may access class content for your information and personal use only.
4. You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or share your login or screen access to your colleagues or others who are not authorized to access and view a specified paid class.
5. DMD cEnter reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.
6. As a dental professional, the implementation and actions you do in the application/s of what you learned from DMD cEnter courses or classes provided by the Speakers is your sole responsibility.
7. Certain DESC training programs offer actual face to face workshops outside our online services. Thus, the user or enrollee has to follow the requirements, protocols and regulations set by DMD cEnter for these workshops. Failure to do so by the user or enrollee means the user or enrollee waives any liability claim/s by the user or enrollee or the enrollee's patient/s during the workshop.
8. It is the responsibility of the enrollee or user to do their workshops properly and correctly. The enrollee is fully responsible for their patient/s during the face to face DESC workshops, thus, waives any claims or responsibility of their errors to DMD cEnter. The contract must lie between the enrollee and their patient/s with full understanding and DMD cEnter and its mentor/s during the workshop are considered only the organizer and/or teacher, respectively to deliver the workshop for educational purposes.
When a participant takes a DESC on DMD cEnter, we will share the participant’s username and profile with the Speaker for the purpose of teaching these participants on DMD cEnter. By enrolling in a class on DMD cEnter, a participant grants to us permission to share that participant ’s information with the Speaker. The Speaker is required to respect the privacy of the participant. The Speaker has a limited license to use this information only for DMD cEnter-related communications or for DMD cEnter-facilitated transactions. The Speaker may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any DMD cEnter misuse any participant’s personal information. Remember that you need to comply with all relevant legal rules when you use DMD cEnter. This include applicable data protection and privacy laws which govern the ways in which you can use another DMD cEnter user’s information.
Teaching or Participating in a Class
These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the “DMD cEnter Contract or DESC Agreements”) that a speaker and participant may enter into in connection with a class, including any DMD cEnter Contract entered into through the Service. Participants and speakers are each responsible to the other for complying with the terms of the DMD cEnter Contract, but DMD cEnter has no control over either party’s compliance. Among other things, DMD cEnter cannot control (a) the provisions of the DMD cEnter Contract, (b) the accuracy or legality of the DMD cEnter Contract or (c) any party’s performance of its obligations under the DMD cEnter Contract. Accordingly, DMD cEnter shall not be held responsible for any liability arising out of the DMD cEnter Contract or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE DMD cEnter AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “DMD cEnter PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE DMD cEnter Contract OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A Participant OR Speaker). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your teaching or mentoring or participation in a FREE or DESC class is at your sole risk. DMD cEnter does not supervise classes online or offsite and is not involved in any way with the actions of any individuals (whether participants or speakers) at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when participating in Classes. You acknowledge and agree that by participating in any class (whether as a participant or speaker) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE DMD cEnter AND EACH OF THE OTHER DMD cEnter PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A Participant OR Speaker. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
DMD cEnter collects all fees and pays out all speakers through third party providers. Each provider is its own company, and DMD cEnter isn’t responsible for its performance.
No refunds are offered for ANY digital online and certain offsite fees or any other fees for digital products and services collected by the Service.
Fees for digital online and offsite classes or any other portion of the Service may be changed at any time without prior notice.
Speakers may earn a portion of the revenue from the ticket sales of the digital online and offsite classes as stated on Speakers’ contract services with DMD cEnter prior to the launching and/selling of the Speaker’s DESC class/classes.
DMD cEnter pays Speakers and payout time will be sent as stated under the stipulated contract between the Speaker and DMD cEnter agreed upon prior to the launching and/selling of the Speaker’s class/classes.
Speakers and participants agree that DMD cEnter’s sole responsibility is to process payments and pay out speakers in the proportions agreed as stipulated in the contract and mentioned in the above statement. DMD cEnter is not party to any transaction between any participant and/or speaker and cannot be held responsible for any issues arising from any such transaction.
Speakers are responsible for all the cost, fees and taxes associated with the fees they earn as stated under the stipulated contract between the Speaker and DMD cEnter. DMD cEnter speakers are solely responsible for paying their own taxes under the governing law of the country where they reside. DMD cEnter reserves the right to withhold any payment until it has received all tax identification information it requires to satisfy its obligations.
DMD cEnter reserves the right to withhold or cancel payments to Speakers if it deems, in its sole judgement and absolute discretion, that the Speaker engaged in behavior that violated any part of this Agreement.
Affiliate Referral Program
As a member of DMD cEnter, you may participate in our “Affiliate Referral Program” by referring potential participants to the Service. Under the Affiliate Referral Program, you may receive credit points or commission or discount on the GSC online store for each new user that purchases the DMD cEnter digital online or offsite training classes through your unique referral link in accordance to what is being currently offered as a reward for referral for that specified DMD cEnter digital online or offsite training classes. Award payments are subject to forfeiture or clawback if the participant disputes the credit card charge or otherwise violates the payment terms, or if the member is found to be in violation of our terms. You will receive this reward within 30 days of the participant paying for DMD cEnter digital online or offsite training classes.
In order to receive a Affiliate Referral Program, each of the following requirements must be met: (i) you must log in to your DMD cEnter profile account on the Service and locate your “Referral Link”; (ii) you must share the Referral Link generated by DMD cEnter with friends, colleagues and followers in your website and/or social media account; (iii) a participant who clicks your Referral Link must create a DMD cEnter account and make his enrollment and paid for the DMD cEnter digital online or offsite training classes. You must also agree on the Terms and Conditions as stated on the DMD cEnter's Marketing Affiliate Program Terms & Policies (click this highlighted portion to proceed to that page and READ and UNDERSTAND it well).
We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
Cancellations and Refunds
DMD cEnter is not responsible or liable for any refunds for DMD cEnter digital online or offsite training classes, workshops, or other purchases on the Service.
The exception for refund is only available for Pre-Enroll DESC workshop programs within all the following premises present or conditions: (1) The enrollee or user enrolled and paid ahead of time for an undetermined and unconfirmed workshop schedule (2) ONLY if DMD cEnter is the one who cancelled the intended possible workshop the enrollee paid for. And, the amount to be returned is based on the price of the workshop only, especially for bundled or packaged DESC training programs, upon purchased less 12% VAT.
Payments are nonrefundable and there are no refund or credits for partially used periods. However, you will continue to have the access of your DMD cEnter digital online or offsite training classes up to the end of the specified date of your access of the DMD cEnter digital online or offsite training classes you purchased.
You cannot cancel your payment for any DMD cEnter digital online training classes you purchased as access to the class will be immediately given. This is for the protection of DMD cEnter and Speaker’s rights for the service in terms of security and usage. For DMD cEnter offsite training classes, a participant or user can cancel one’s enrollment payment 30 Days after enrollment ONLY. To cancel the participation for DMD cEnter offsite training classes, you will have to e-mail DMD cEnter through either our support or contact page and subject the email “Cancellation & Refund Request for Offsite Training Class”. If you have canceled your DMD cEnter offsite training classes, you will lose access to the class you enrolled into. If one chooses to enroll again on the same class cancelled, then, the user must process the purchase of the DMD cEnter offsite training class again through GSC (Grand Switch Corp) online store.
From time to time, we or others on our behalf may offer trials of paid courses for our DMD cEnter digital online training classes for a specified period without payment or at a reduced rate (a “Trial”). DMD cEnter reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some trials, we will require you to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial on a recurring monthly or annual basis. When you provide a Payment Method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but, your available balance or credit limit may be reduced. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription via sending us an email at email@example.com with with SUBJECT TITLE: Discontinue Subscription.
DMD cEnter Rights
DMD cEnter reserves these rights:
We can make changes to the DMD cEnter Site and Services without notice or liability.
We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use DMD cEnter in that jurisdiction.
We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We have the right to remove a courses or classes at any time, without prior notice, at our sole discretion, should we identify that the class is associated with behavior that we deem to be in violation of our rules or guidelines.
We have the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason.
DMD cEnter is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) participants and speakers. You acknowledge that all transactions relating to any class or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the Service or presented at any class represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized DMD cEnter spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.
The FREE or PAID DESC Classes offered on DMD cEnter educational materials are created by the speakers. DMD cEnter is not responsible or liable for any information on its Service listings or profiles. DMD cEnter is not responsible for any changes made in FREE or PAID DESC class by the speaker. DMD cEnter ONLY acts as PLATFORM for these FREE or PAID DESC Classes to be offered to the dental professional by your choosing.
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR ANY OTHER DMD CENTER PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.
DMD CENTER SHALL NOT BE LIABLE TO THE LESSONS AND CONTENT OF THE SPEAKERS OR MENTORS FOR THEIR OWN COURSES OR TRAININGS. DMD CENTER IS ONLY A PLATFORM TO THESE PROFESSIONAL SPEAKERS TO TEACH WHAT THEY CLAIMED TO BE AN EXPERT IN THAT FIELD IN DENTISTRY. THE CONTENT OF THEIR LESSONS ARE PRODUCED AND OWNED BY THE SPEAKERS OR LECTURERS.
DMD CENTER SHALL NOT BE LIABLE FOR THE ERRONEOUS MANNER OR IMPLEMENTATION OF THE STUDENTS OR PARTICIPANTS IN THEIR ACTUAL APPLICATION OF THEIR TREATMENTS WITH THEIR PATIENTS IF CLAIMED TO BE BASED ON WHAT THEY'VE LEARNED WHETHER FREE OR PAID FROM THE COURSES OR TRAININGS AT DMD CENTER RESULTING TO MALPRACTICE. IT IS THE DUTY OF THE STUDENTS OR PARTICIPANTS AS LICENSED PROFESSIONALS TO DO THEIR DUE DILIGENCE IN THE IMPLEMENTATION OF TREATMENT/S OR DO ACTION/S IN THE APPLICATION OF THE SPECIFIED DENTAL TREATMENT. IT’S THE SOLE RESPONSIBILITY OF THE PROFESSIONAL LICENSED DENTAL PRACTITIONER TO MAKE HIS/HER OWN DECISION HOW, WHEN, WHERE AND WHAT TO PRUDENTLY APPLY FROM THE INFORMATION GIVEN BY THE SPEAKER FROM THE OFFERED ONLINE OR ONSITE DMD CENTER COURSE PROGRAMS.
FURTHER, NEITHER WE,NOR ANY OTHER DMD CENTER PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A Participant AND Speaker.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and the other DMD cEnter Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
You and DMD cEnter agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English or Filipino language. Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitration and class actions are not permitted. You understand that by agreeing to the Terms, you and DMD cEnter are each waiving the right to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
Most communication between DMD cEnter and you will be sent and received electronically. You agree that all electronic communication between DMD cEnter and you shall satisfy any legal requirements that such communications be in writing.
Any rights of DMD cEnter not expressly granted herein are reserved.
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