NOTE: Your access to and use of the Services shall be for eighteen (18) months, commencing on the date of your acceptance of these Terms, unless terminated sooner.
TERMS AND CONDITIONS OF USE
DAVID SCHWAB & ASSOCIATES TEAM TRAINING VIDEO SERIES
The following terms and conditions (the “Terms”) describe what you are legally entitled to expect upon your purchase of the video education modules and related content from David Schwab & Associates, Inc., (hereafter referred to as “DSA”), in addition to your obligations as a customer. The terms “we”, “us”, and “our” refer to DSA.. The terms “you” and “your” refer to the customer visiting our website or otherwise using our content and services. Services are intended for dental practices with three or fewer offices. Group practices or entities with more than three offices are not authorized to use these services unless authorization has been granted in writing by DSA pursuant to a group pricing agreement.
1. OUR AGREEMENT WITH YOU
These Terms and Conditions of Use (the “Terms”) govern your access and use of all applications, websites, content, products, and services (the “Services”) made available by DSA.
Your access to and use of the Services establishes a contractual relationship between you and DSA as such access and use constitutes your acceptance of DSA’s offer to provide you with the Services subject to your agreement to be bound by these Terms. If you do not agree to accept these Terms in any respect whatsoever, you may not access or use DSA’s Services. These Terms expressly supersede any and all prior agreements or arrangements between you and DSA. DSA may immediately suspend or terminate these Terms or any Services with respect to you, or may generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason at DSA’s sole discretion.
You hereby agree and acknowledge that DSA may amend these Terms at any time and from time to time. Amendments will be immediately effective upon DSA's posting of such amended Terms at this location. Your continued access or use of the Services after such posting constitutes your acceptance of such amendment and your consent to be bound by the Terms, as amended.
2.YOUR LICENSE TO USE OUR SERVICES
Subject to your continued compliance with these Terms, DSA hereby grants to you a limited, revocable, non-exclusive, non-assignable, non-sublicensable, non-transferrable license to: (1) use and access the video educational modules on your company’s device solely in connection with your use of the Services; and (2) use and access any content, information and related materials that may be made available to you through the Services. Any rights not expressly granted herein are reserved by DSA.
3.RESTRICTIONS ON YOUR ACCESS AND USE
You may not: (1) remove any copyright, trademark or other notices from any portion of the Services; (2) reproduce, modify, duplicate, publish, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except with the prior express written consent of DSA; (3) link to, mirror or frame any portion of the Services; (4) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or in any way unduly burdening or hindering the operation or functionality of any aspect of the Services; (5) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (6) authorize any third party to use your username or account; or (7) assign or otherwise transfer your username or account to any other person or entity. Notwithstanding the foregoing, you are not restricted from providing access to the Services to other internal parties of customer (i.e., your employees, agents, subcontractors, subsidiaries, affiliates, etc.); provided, however, that access to other internal parties is limited to up to three (3) physical locations. In the event you wish to share access to the Services with internal parties whom are located in more than three (3) physical locations, an additional charge may be applicable.
The Services and all rights therein (such as rights under intellectual property laws) are and shall at all times remain the property of DSA and your use of the Services shall not convey or grant to you any rights: (1) in or to the Services other than the limited license expressly granted above; or (2) to use or reference in any manner DSA company names, logos, product and service names, trademarks or services marks.
5.YOUR NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network and web access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. DSA does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Your access to and use of the Services shall be for eighteen (18) months, commencing on the date of your acceptance of these Terms, unless terminated sooner.
6.YOUR PAYMENT TO DSA
You understand that your use of the Services will result in charges to you for the Services (the “Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by DSA.
7.DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DSA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DSA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DSA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
8. LIMITATION OF LIABILITY.
DSA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DSA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. DSA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DSA’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold DSA and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (1) your use of the Services, video content, or goods obtained through your use of the Services; (2) your breach or violation of any of these Terms; or (3) your violation of the rights of any third party.
10. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles.
You may not assign these Terms without DSA’s prior written approval. DSA may assign these Terms without your consent to: (1) a subsidiary or affiliate; (2) an acquirer of DSA's equity, business or assets; or (3) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or DSA as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. DSA's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DSA in writing.
NOTE: Distributing and/or publicly showing the content of DSA Team Training Video Series is a violation of U.S. copyright law.