TERMS OF SERVICE
This User Agreement (“Agreement”) is between the person or entity that has checked the “AGREE” box at the end of this Agreement (“you,” “your” or “yours”) and Dr. Jason Hoium, DMD This Agreement lays out the general terms and conditions of your use of the Local Anesthetic Master Course website (“Website”) and the products and services purchased or accessed through the Website (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. By checking the “AGREE” box you are agreeing to comply with and be bound by all the terms of this Agreement.
1. REGISTRATION, ACCOUNTS AND PERSONAL INFORMATION.
The Website allows streaming of video content which is the property of Dr. Jason Hoium, DMD. In order to view this content, you must first register on the www.loca-anesthetic.com website. You may subscribe to the Local Anesthetic Master Course and create a personal account (“Account”) by fully and accurately completing the sign up fields, and providing to Dr. Jason Hoium, DMD such fully accurate information as Dr. Jason Hoium, DMD may reasonably require, including without limitation, your name, street address, credit card number, email address, zip code/postal code and gender (collectively, “Personal Information”). You agree to keep all Personal Information updated and correct and to notify Dr. Jason Hoium, DMD immediately of any changes to your Account or Personal Information. Your Account is to be viewed by you, and under no circumstances may you share access to your account with another individual. You are solely responsible to ensure that your Account is used only by you and in a way that is consistent with this Agreement. You will select a user name and password for your Account and you agree to keep such user name and password confidential, and not allow any third party to access or use such user name or password. You agree to defend and/or indemnify Dr. Jason Hoium, DMD and hold Dr. Jason Hoium, DMD harmless from and against any losses or liabilities arising from any disclosure or unauthorized use of your user name, password, or Personal Information.
2. PAYMENT AND FEES.
A. Fees. When you register and create a Subscription, you will be charged certain recurring fees as described on the sign up page (“Fees”) for your use of the Services pursuant to this Agreement, which Fees may include an initial Fee or Fees for upgraded Services. Dr. Jason Hoium, DMD may change or modify Fees at any time, and such changes or modifications will be effective immediately after posting to the Website without need for further notice to you. However, if you have an active subscription to a Service, any subsequent changes or modifications in prices and fees for such Services shall be effective only when such period expires. Dr. Jason Hoium, DMD may from time to time offer “Discounted” Services or other different types of accounts which will have a lower Fee than other existing accounts. In these instances you are not entitled to any refund or compensation if you have purchased the Service at a higher price. All fees listed on the Website are in U.S. Dollars (USD). Dr. Jason Hoium, DMD will not be held liable for currency fluctuations, any exchange rate variances, or third party fees associated with payment by any currency other than USD.
B. Payment Method. Dr. Jason Hoium, DMD will only accept the payment methods listed on the Website. Dr. Jason Hoium, DMD will automatically charge all Fees for selected Services and charge the primary Payment Method on file for your Account. E-mail confirmation of purchases will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. Failure to stay current with your payments will result in the suspension and/or cancellation of your subscription.
C. Subscription Renewal or Extension. Subscription renewal must be paid in full prior to accessing your account. Extensions of access to your account must be paid in full prior to the expiration date, otherwise the account will be inactivated and it will be necessary to pay a renewal fee to re-activate the account.
D. Cancellation of Services. Each monthly payment will provide 30 days of access to the Services. Upon cancellation of Services, you will retain access to the services until the end of the 30 day access period at which time you will not be billed for any further services and your subscription will be cancelled along with your access to the Services. No refunds or compensation will be provided if cancelling early. All Fees are non-refundable, even if your Services are suspended or terminated prior to the end of the Services term.
E. Late Payment. An interest charge of four and one-half percent (4.5%) per month on all Fees owed and unpaid, or the highest rate allowed by law, whichever is lower, will be applied to outstanding balances.
F. Nonpayment. If for any reason Dr. Jason Hoium, DMD is unable to charge your Payment Method for the full amount owed for the Services purchased or ordered by you, or if Dr. Jason Hoium, DMD receives notification of a chargeback, reversal or payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, Dr. Jason Hoium, DMD will deem such nonpayment or penalty a material breach of this Agreement by you and your account will be suspended. If such breach is not rectified by you within 15 days after receiving notice from Dr. Jason Hoium, DMD, Dr. Jason Hoium, DMD 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 permanently delete your account and information from the database. Dr. Jason Hoium, DMD also reserves the right to charge you administrative fees or processing fees up to $150.00 for (i) tasks outside the normal scope of Dr. Jason Hoium, DMD’s Services, (ii) Costs and/or time incurred in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Dr. Jason Hoium, DMD in sole and absolute discretion). Administrative or processing fee scenarios include, but are not limited to (i) recouping any and all costs and fees, including the cost of Services, incurred by Dr. Jason Hoium, DMD as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor and (ii) customer service issues that require additional personal time or attention. Dr. Jason Hoium, DMD will bill these administrative fees or processing fees to your Payment Method.
G. Reinstatement. In the event of an account suspension or cancellation, you must rectify any default before Dr. Jason Hoium, DMD will reinstate your Account and continue granting access to the Services. If you request your account be reinstated, Dr. Jason Hoium, DMD will charge a $75.00 reinstatement fee to your primary Payment Method.
3. USE OF THE WEBSITE.
A. Website. The Website contains a forum in which text, photographs, online videos and other educational materials regarding dentistry are presented (the “Digital Suite”).
B. Streaming Video. Dr. Jason Hoium, DMD has available on the Website educational dental videos (“Stock Material”). Such Stock Material shall belong solely to Dr. Jason Hoium, DMD. Provided, however, that if you have complied with this Agreement and paid any applicable Fees, you may access such Stock Material for a defined period of time.
C. Content. Nothing from the Website may be copied, republished, reproduced, transferred, sold, licensed, distributed or modified without written consent from Dr. Jason Hoium, DMD.
When using this Website in any form, you must conform to the following:
A. Any content appearing on or visible through the Website shall not be redistributed in any way or form.
B. You agree that Website content, trademarks and service marks on the Website are owned by Dr. Jason Hoium, DMD, and that you have no license or other rights of use with respect to the same.
C. Changes, additions, and/or deletions of material of or from the Website can be completed at any time without notice and without permission from you.
D. You agree not to disable, circumvent or interfere with security-related features of the Website.
E. You will gain access to or view Stock Material only through the interface pages of the Website itself after purchasing a subscription to the Services.
F. The use of “spiders”, “worms”, “Trojan horses”, “robots”, or other automated programs to access the Website is strictly prohibited.
G. You will attempt to extract any personally identifiable information from any other users of the Website.
H. You will refrain from using any form of technology to record and/or redistribute the content of the Website. This includes, but is not limited to the use of screen-recording software.
I.You agree to hold harmless, defend and indemnify Dr. Jason Hoium, DMD, its officers and directors, 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;
- (ii) your violation of this Agreement; or
- (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right. This defense and indemnification obligation will survive the expiration or termination of this Agreement.
A. Use. Dr. Jason Hoium, DMD may terminate your Account and your access to the Website at any time and for any reason.
B. Age. We do not knowingly collect any personally identifiable information from any person under the age of 18.
C. Qualifications. The information on this Website is designed to be viewed by qualified, accredited dentists (D.D.S, D.M.D, or B.D.S). These individuals possess the knowledge necessary to develop an informed choice as to how to best utilize the material covered in the videos. Anyone may sign up for the Services, however Dr. Jason Hoium, DMD does not endorse the viewing of this material by individuals other than certified dental professionals. If you are viewing the Services offered by Dr. Jason Hoium, DMD and are not a certified dental professional, Dr. Jason Hoium, DMD is hereby relieved of any liability for damages of any kind to any party.
Despite all efforts by Dr. Jason Hoium, DMD, information that is to be considered private could be become compromised through attacks to this website. Flawless security of private information is the goal of Dr. Jason Hoium, DMD, however flawless security does not exist anywhere and therefore you accept and agree that you will not provide any information to Dr. Jason Hoium, DMD which you would not want disclosed or exposed in the public arena.
The term of this Agreement will continue until terminated by you or Dr. Jason Hoium, DMD. Access to your account may be suspended at any time by Dr. Jason Hoium, DMD without explanation or compensation and either party may terminate this Agreement, at any time with or without notice and with or without cause. Liabilities for breaching this agreement shall not be relieved through Termination of this Agreement nor will payment obligations be relieved upon Termination of this Agreement. Section 4 contains provisions which shall survive the termination of this Agreement in addition to the complete copy contained in 8 through 14 inclusive.
8. CONTINUING EDUCATION CREDIT.
Due to the diversity of state/provincial regulatory policies for continuing education, Dr. Jason Hoium, DMD does not guarantee that all dental regulatory bodies will accept the continuing education credits earned from www.local-anesthetic.com. It is recommended that you contact the regulatory body in your state or province prior to enrolling in the course. By subscribing to www.local-anesthetic.com, you are waiving any rights to a refund or reimbursement should the regulatory body in your jurisdiction reject your CE credit submission.
9. COMMERCIAL INFLUENCES OR SUPPORT.
It is the policy of Dr. Jason Hoium, DMD that all presenters representing Dr. Jason Hoium, DMD abide by the following:
- The speaker shall avoid distributing or making available for download, any material that includes a company name, address, and/or phone number, or any material that could be construed as attempting to promote a particular product.
- No salesperson representing a company or product may take an active role in the presentation of a course.
- All programs offered by Dr. Jason Hoium, DMD will be for scientific and educational purposes only.
- Dr. Jason Hoium, DMD is responsible for the control of content and the selection of presenters and moderators.
- Dr. Jason Hoium, DMD will not work with or accept financial or in-kind support from commercial organizations.
- Dr. Jason Hoium, DMD or its presenters, receive no compensation for the use of specific brands or products.
11. LIMITATION OF LIABILITY.
THE INFORMATION PRESENTED IN THESE VIDEOS IS FOR EDUCATIONAL PURPOSES ONLY AND IN NO EVENT SHALL DR. JASON HOIUM, DMD OR THE PRESENTERS OR LECTURERS BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL IN NATURE, ARISING FROM THE APPLICATION OR USE OF THIS INFORMATION. THE TOTAL LIABILITY OF DR. JASON HOIUM, DMD UNDER THIS AGREEMENT OR REGARDING THE WEBSITE SHALL IN NO EVENT EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1000.00 USD). IT IS UNDERSTOOD THAT SOME OF THE INFORMATION PRESENTED AT WWW.LOCAL-ANESTHETIC.COM COULD BE HARMFUL IF IMPLEMENTED BY A PRACTITIONER THAT DOES NOT HAVE SUFFICIENT HANDS-ON OR TECHNICAL EXPERIENCE. IT IS THE EXPECTATION OF DR. JASON HOIUM, DMD, THAT SUBSCRIBERS TO WWW.LOCAL-ANESTHETIC.COM ACT ETHICALLY AND RESPONSIBLY WITH THE INFORMATION THEY ARE PROVIDED AND WILL ASSUME FULL RESPONSIBILITY FOR THE PROCEDURES THEY CHOOSE TO PERFORM.
12. JURISDICTION AND VENUE.
This Agreement shall be subject to the laws of the Province of Saskatchewan as apply to contracts entered into and performed in Saskatchewan, Canada between Saskatchewan, Canada residents and without regard to conflicts of laws principles. The Provincial courts located in Regina, Saskatchewan, Canada, shall have sole and exclusive jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts.
Dr. Jason Hoium, DMD DOES NOT PROVIDE A WARRANTY FOR THE WEBSITE OR ITS SERVICES. Dr. Jason Hoium, DMD HEREBY DISCLAIMS ALL WARRANTIES, IMPLIED, EXPRESS, 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 Dr. Jason Hoium, DMD. Any purported assignment without such permission shall be void. Any waiver of any rights of Dr. Jason Hoium, DMD under this Agreement must be in writing, signed by Dr. Jason Hoium, DMD, 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 Dr. Jason Hoium, DMD with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You will indemnify and hold Dr. Jason Hoium, DMD (and our officers, directors, shareholders, and managers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party. You agree that: (i) the Website shall be deemed solely located in Saskatchewan; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over Dr. Jason Hoium, DMD, either specific or general, in jurisdictions other than Saskatchewan. YOU AND Dr. Jason Hoium, DMD AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.