WEBSITE TERMS AND CONDITIONS OF USE
Updated by MVA: August 13, 2018
These Website Terms and Conditions of Use (“Terms”) govern your access and use to the website located at www.cadproacademy.com (the “Site”), which is made available to you by CADpro Academy, LLC. (“CADpro”). These Terms set forth the terms and conditions under which you may access and use the Site and all services (as further described in Section 3 of these Terms) provided by CADpro and made available on the Site (the “Services”).
You should print and retain a copy of these Terms for your records.
1. GENERAL TERMS
(a) By accessing the Site, or using the Services, you consent to be bound by these Terms. If you do not agree to all of the terms and conditions provided in these Terms, do not use the Site or the Services.
(b) CADpro may modify these Terms from time to time in its sole discretion and without notice to you. You understand and agree that your continued use of the Site and/or Services after any changes to the Terms have been made indicates your acceptance of such changes.
3. DESCRIPTION OF SERVICES
(a) The Services include, among other things (i) online training for dentists and dental professionals; (ii) live course material available through video and/or streaming; (iii) listing in-person learning programs available for enrollment; and (iv) discussion boards permitting communication between you, other dental professionals, and other users. The Services are provided to you on a subscription basis.
4. YOUR USE OF THE SITE AND SERVICES
(a) The Site and Services are for use by individuals who are at least eighteen (18) years old. The Site and Services are offered for use only in accordance with these Terms, and CADpro reserves all rights not expressly granted to you herein. Access to the Services is limited to those who have created a user ID and password in accordance with Section 4.C below.
(b) CADpro reserves the right from time to time to temporarily or permanently modify or discontinue, and restrict or block the Services and/or access to the Site or any part thereof, without notice. The Site may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. CADpro is not responsible for any delays, failure or other damage resulting from such problems. Your sole and exclusive remedy for any failure or non-performance of the Site and/or Services is for CADpro to use commercially reasonable efforts to restore or repair the applicable Site or Service.
(c) In order to access the Services, you will need to register for an account by selecting a user ID and password. In creating your account, you must provide complete and accurate information about yourself, including but not limited to your full name, email address, and other information as required by CADpro. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You are responsible for maintaining the confidentiality of your user ID and password. You are fully responsible for all activities that occur through the use of your user ID and password.
(d) In order to receive the Services, CADpro may need to communicate with you from time to time via email, SMS message, or other means of electronic communication. By providing CADpro with your email address, phone number, and any other information as may be required, you consent to receive all required notices and information. Electronic communications may be posted on the Site and/or delivered to your email address. You are responsible for promptly informing CADpro of any change in your contact information, including your email address.
(e) Subject to your compliance with these Terms, CADpro grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services. You acknowledge and agree that you will not reproduce, duplicate, copy, sell or resell the Site, the Services or any content, features, or other material contained on the Site or in the Services.
(f) CADpro retains the right, in its sole discretion, to determine whether your use of the Site or Services is consistent with these Terms. CADpro may suspend, restrict or terminate your use of the Site or Services if we determine that your use of the Site or Services fails to comply with these Terms.
5. CONTENT SUBMISSION
(a) Content. From time to time, CADpro may allow you and other users to post messages, discussions, reviews, questions, ratings, photos, and other content (collectively “Content”) to the Site or to otherwise provide such Content to CADpro in accordance with these Terms.
(b) Use of Content. By submitting Content to CADpro or the Site, you automatically grant to CADpro an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide, assignable license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses of the Content. You also grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Site by any other party.
(c) Responsibility for Content. You alone are responsible for the Content you submit to CADpro or the Site. You assume all risks associated with the Content you submit, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information that makes you personally identifiable. You represent and warrant that you own, or have the necessary permissions to use and authorize the use of the Content that you submit.
(d) Publication and Distribution of Content. CADpro does not guarantee the accuracy, integrity, quality or appropriateness of any Content submitted to or posted on the Site. You acknowledge that CADpro simply acts as a passive conduit and an interactive computer service provider with respect to the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through the Site, are the sole responsibility of the person from whom such Content originated. You understand that by using the Site you may be exposed to Content that is inaccurate, misleading or offensive. You agree that you will evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
(e) You further acknowledge that CADpro has no obligation to screen, preview, monitor or approve any Content. CADpro does, however, reserve the right to review and delete any Content that, in its sole judgment, violates these Terms. By using the Site, you agree that you will evaluate the risks associated with the use, accuracy, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Site. Under no circumstances will CADpro be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Site. You waive the right to bring or assert any claim against CADpro relating to Content and release CADpro from any and all liability for or relating to any Content.
6. PROHIBITED ACTIVITIES
(a) You agree that you will only use the Site and Services for the purposes expressly set forth in these Terms. You agree that you will not:
- i. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site, Services or any portion thereof;
- ii. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services, other than the search engines and search agents available through the Site or Services and other than generally available third-party web browsers;
- iii. submit any Content to the Site that, in CADpro’s sole discretion, is unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or racially, ethnically or otherwise objectionable;
- iv. post any Content that violates any third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual or proprietary right;
- v. submit or transmit any file or other Content which is encrypted or contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site and Services;
- vi. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or Services; or
- vii. attempt to gain an unauthorized access to any portion of the Site or Services.
7. INTELLECTUAL PROPERTY
(a) As used in these Terms, “Intellectual Property Rights” shall mean all intellectual property rights throughout the world, including copyrights, patents, trademarks, trade secrets, know how, authors’ rights, rights of attribution, and other proprietary rights, and all applications and rights to apply for registration or protection of such rights.
(b) The text, graphics, images, information, content and other materials (“CADpro IP”) that we make available at the Site or as part of the Services are protected by copyright under both United States and foreign laws. Ownership of CADpro IP, including the design, organization, layout, and the look and feel of the Site, remains with CADpro. Any use of CADpro IP not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws or Intellectual Property Rights. Content and features of the Site and Services are subject to change or terminate without notice in the sole discretion of CADpro. CADpro IP may contain inaccuracies or typographical errors.
(c) CADpro owns and retains all right, title and interest, including, without limitation, all Intellectual Property Rights, in and to the Site, Services and all of CADpro IP. Except as expressly provided in these Terms, you will not, through use of the Site or Services, by virtue of these Terms or otherwise, acquire any rights whatsoever in the Site, Services or CADpro IP.
8. USE WITH YOUR MOBILE DEVICE
(a) CADpro provides the Site and Services over the Internet and you may access the Site and Services using compatible mobile devices. You acknowledge and agree that you are solely responsible for ensuring the compatibility of any device you use to access the Site and Services, and that you remain in compliance with any agreement you have entered into with your mobile device and/or telecommunications service provider.
(b) CADPRO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FOR YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
9. SOCIAL MEDIA SITES
10. DISCLAIMER AND REPRESENTATIONS AND WARRANTIES
(a) THE SITE, SERVICES, CADPRO IP, AND ANY OTHER DATA, FEATURES, CONTENT, OR OTHER INFORMATION THAT CADPRO PROVIDES TO YOU IN CONNECTION WITH THE SITE AND/OR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. CADPRO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, SERVICES, CADPRO IP OR ANY OTHER DATA, FEATURES, CONTENT OR OTHER INFORMATION PROVIDED TO YOU IN CONNECTION WITH THE SITE AND/OR SERVICES.
(b) CADPRO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICES WILL BE PROVIDED TO YOU FREE FROM ANY VIRUSES, MALICIOUS CODE, MALWARE, OR OTHER COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
11. LIMITATIONS OF LIABILITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CADPRO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, FOR BODILY INJURY OR HARM AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR SERVICES (INCLUDING THE USE OR INABILITY TO USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER PROFESSIONAL SERVICES RELATING TO THE SITE OR SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES).
(b) YOU AGREE THAT IN THE EVENT THAT CADPRO IS FOUND LIABLE, IN NO CASE SHALL THE LIABILITY OF CADPRO EXCEED THE FEES PAID FOR THE USE OF THE SITE OR SERVICES TO CADPRO OR THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS GREATER.
(c) IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) You shall indemnify, defend and hold harmless CADpro, its directors, officers, employees, independent contractors and agents from any and all third party claims, damages, losses, liabilities, costs, and expenses including, without limitation, attorneys’ fees and court costs (collectively, “Losses”) arising out of or in connection with (a) your breach of any certification, covenant, obligation, representation or warranty in these Terms; (b) your use of the Site and Services; and (c) any other activity by you in relation to the Site or your use of the Services.
13. GOVERNING LAW
(a) The laws of the State of New York shall govern the validity, interpretation, construction, and other performance of these Terms, without giving effect to the principles of conflict of laws. You agree and consent to the exclusive jurisdiction and venue for any litigation, proceeding, or other action which may be brought or arise out of or in connection with these Terms shall be a state or federal court located in Nassau County, New York.
14. ADDITIONAL TERMS
(a) These Terms constitute the entire agreement between you and CADpro and supersede any other prior agreements, proposals, communications or advertising, or written, with respect to the Site, Services, and any other subject matter contained in these Terms.
(b) You acknowledge and agree that you may not transfer or assign any of the rights granted to you under these Terms or any of your obligations pursuant hereto.
(c) If any provision of these Terms is found by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, in whole or in part, such provision will be narrowly construed so that it becomes legal and enforceable, and the entire Terms will not fail on account thereof and the balance of the Terms will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent.
(d) No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of CADpro provided that no waiver of any breach of any provisions of these Terms will constitute a waiver of any prior, concurrent or subsequent breach. CADpro’s failure to insist upon or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of any such provision or right.
15. DIGITAL MILLENNIUM COPYRIGHT ACT
(a) In accordance with the Digital Millennium Copyright Act (“DMCA”), CADpro will promptly respond to claims of copyright infringement that are reported to the agent we have designated to receive notifications of claims of infringement, whose contact information is:
CADpro Academy, LLC
Attn: Barbara Jurim
370 Crossways Park Drive
Woodbury, NY 11771
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice of the claimed infringement that includes the following:
- i. A physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- ii. A description of the copyrighted work that is claimed to have been infringed;
- iii. A description of where the allegedly infringing material is located on the Site;
- iv. Your address, telephone number, email address and any other information reasonably sufficient to allow CADpro to contact you;
- v. A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- vi. A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
16. CONTACT INFORMATION
(a) Any claims by you or any third party relating to the Site or to your use of the Site or Services shall be directed to CADpro. Questions, complaints, or claims related to the Site or Services shall be addressed to:
CADpro Academy, LLC
Attn: Barbara Jurim
370 Crossways Park Drive
Woodbury, NY 11771