TERMS OF USE
Terms of Use Agreement (Last updated June 7, 2023)
You may use our Website only on the condition that you agree to abide by the following terms.
BY USING OUR WEBSITE, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF THIS TERMS OF USE AGREEMENT (THE “TOU” OR “LICENCE”). If you do not agree to the terms of this Licence, do not use this website.
Dave’s Dental CE reserves the right to modify and/or change any of the terms and conditions of this Licence at any time, and without prior notice. If Dave’s Dental CE materially modifies this Licence it will post notice of the change on the Website [https://davesdentalce.com/]. It is your responsibility to check the Website [https://davesdentalce.com/ ] frequently for such modifications and/or changes. By continuing to use the Website after Dave’s Dental CE has posted a modification of this Licence, you agree to be bound by the modified Licence. If the modified Licence is not acceptable to you, your only recourse is to cease using the Website.
1. Software
This Licence applies to the Website and any updates for the Website. The Website is provided by Dave’s Dental CE, its affiliates and suppliers ("We," "Us" or "Our”). We may discontinue or change any feature of the Website at any time and without notice. In this Licence, We use the term "You" or "Your" to mean You as an individual or such entity on whose behalf You act, if any.
2. Ownership
The use of the Website is licensed to You. You agree and acknowledge that We own all right, title and interest in and to the Website, including without limitation all intellectual property rights therein. All rights in content on the Website belong to Us or third parties, as may be indicated by proprietary notices. The Website is protected by Canadian (and other countries’) copyright, and trade mark laws, other statutory and common laws and International Treaties. You will not delete or in any manner alter the copyright, trade mark, and other proprietary rights notices or markings appearing on the website, whether of Us or of third parties. Your rights to use the Website are specified in this Licence and We retain and reserve all rights not expressly granted to You.
3. Licence
You are granted a limited, non-exclusive, non-transferable license to make a reasonable number of copies of the Website’s content (including the home page, advertisements Dental CE event descriptions, Dental CE Providers’ contact information and newsletters and saved searches) and to use the Website solely for Your personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. You may also use the content to contact a Dental CE provider via an electronic message using the Website. Use of the content contained on the Website or on any other internet sites accessed through the Website as part of any networked computer environment or in derivative works, in any media whatsoever, is strictly prohibited. The grant of this limited license is conditional upon Your agreement to and full compliance with this TOU. Any other use of any of the content on the Website including reproduction for any purposes other than those noted above, modification, transmission, communication, or other distribution, display, posting, translation, compilation or republication, without Our prior written permission of is strictly prohibited, and is a violation of Our proprietary rights. All trade marks used on this Website are owned by Us or third parties as identified and You are not granted any licence to use any of these trade marks.
4. Privacy and Legal Rights
4.1 We are committed to protecting the privacy and legal rights of the users of the Website. We prohibit the violation of a users privacy rights and the distribution of content that violates anyone’s privacy rights, are illegal, infringing or may be deemed offensive by Us, in Our sole discretion. The Dave’s Dental CE Privacy Policy (available at https://davesdentalce.com/) contains information about Us and Our procedures regarding the collection, use and disclosure of personal information We receive from users of the Website.
4.2 If You believe that Your legal or privacy rights have been violated while using the Website, We encourage You to report such matters to Us at Your earliest convenience (to report, please visit the Legal & Privacy section Website, at https://davesdentalce.com/). We will, at Our discretion, examine Your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of Our commitment to providing a positive user experience.
4.3 You hereby acknowledge and agree that the Website may periodically send technical data and related information to Us to facilitate the provision of updates, if any, related to the Website. Such information may include, but is not limited to, technical information about Your computer or device (whether mobile device or other), and/or internet browser and/or system.
5. Registration
In order to access and use some features or services of the Website, (e.g. to sign up for Our newsletter, or to be notified if a Dental CE Event matches search criteria You have requested, to save searches or lists of Dental CE Events or Providers, or to comment on the Website on a Dental CE Event or Provider or to receive promotional emails from Us or Our suppliers), You may need to register with Us to create an account and obtain log-in credentials, such as a user ID or screen name or password authorized for use by Us ("User ID"). Please go to [https://davesdentalce.com/login] if You want to register for certain services and obtain a User ID. Your registration for a User ID may be subject to separate terms and conditions, if so, You must agree to abide by those terms and conditions if You use the Website under Your User ID. Also, You may need to register with a third party and obtain log-in credentials, such as a user ID, authorized for use by such third party in order to use this Website or websites with services provided by such third party. Your registration for a user ID issued by a third party will be subject to that party’s separate terms and conditions. You must review and abide by those third party terms and conditions if You use the Website to contact such third party.
6. Representations and Warranties
You agree to comply with all applicable local and international laws, rules and regulations when using the Website. You will not use the Website or its Content in to (a) infringe anyones copyrights, trade mark or other legal rights, statutory or contractual, (b) for any purpose that is unlawful or prohibited by this TOU or (c) in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and engagement of the Website. You will also not upload or otherwise add content to the Website which infringes anyone’s copyrights, trade marks, patents or other legal rights, common law, statutory or contractual, or which is obscene, scandalous, defamatory, libellous, false or misleading, fraudulent, inflammatory, discriminatory, threatening, vulgar, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful, aimed at gender, race, colour, sexual orientation, national origin, religious views and disability. Additionally, You agree that You will not: make any submission of content (“Submission”) that is an advertisement or solicitation of business; a chain letter or pyramid scheme; impersonates another person; distributes viruses or other harmful computer code; harvests or otherwise collects information about others, including email addresses, without their consent; transmits the same Submission more than once or engage in “spamming”; or engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in Our judgment of, exposes Us or any of Our licensors, partners, or customers to any liability or detriment of any type.
We are not responsible for any content in Submissions submitted by You on the Website. You are solely responsible for Your Submission, the consequences of making a Submission, and Your reliance on any Submissions. We are not responsible for pre-screening, monitoring or editing Submissions made to this Site by users. However, We reserve the right to remove Submissions at any time that, in Our judgement, do not comply with these TOU. For example, if notified by a user of a Submission allegedly in violation of these TOU, We may investigate the allegation and determine in Our sole discretion whether to remove or edit such Submission. We also reserve the right, but not the obligation, to monitor, edit, disclose, or delete any Submission, regardless of whether such Submission violates these TOU. We will have no liability or responsibility to You for performance or non-performance of such activities.
By making a Submission, You agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Us. If You make a Submission, You automatically grant—or warrant that the owner of such content has expressly granted—Us a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media, or any form, format, or forum now known or hereafter developed, and to sub-license such rights. You also waive all moral rights in and to the Submission in favor of Us. You represent and warrant that: (a) You own or otherwise control all the rights to the Submission’s content; (b) the Submission’s content is accurate; (c) use of the Submission’s content You supply does not violate these TOU, any local, state, national, or international law, or the rights of any third party; (d) use of the Submission’s content You supply will not cause injury to any person or entity; and (e) You will indemnify Us for all claims resulting from the Submission’s content. Notwithstanding the foregoing, We are not required to use any Submission.
7. Disclaimer of Warranty
You expressly acknowledge and agree that You assume all the responsibility and risk for Your use of the Website and the results and performance thereof and Your use of any Third Party Sites. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE AND/OR US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT REPRESENT OR WARRANT: (I) THAT THE WEBSITE OR ANY THIRD PARTY WEBSITE ACCESSIBLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE WEBSITE OR ANY OF THIRD PARTY CONTENT ON THE WEBSITE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE WEBSITE, OR ANY THIRD PARTY CONTENT ON THE WEBSITE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND WE AND OUR THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. WE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN OR ON THE WEBSITE OR THE CONTENT, INCLUDING THIRD PARTY CONTENT, AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE USE OF IT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS AND OUR THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR INACCURATE OR UNMET PROMISES OR CLAIMS MADE BY THIRD PARTY DENTAL CE PROVIDERS REGARDING (A) KNOWLEDGE OR INFORMATION YOU MAY GAIN OR LEARN FROM ATTENDING ANY PARTICULAR DENTAL CE EVENT, (B) ANY CE CREDITS YOU MIGHT RECEIVE BY ATTENDING ANY PARTICULAR DENTAL CE EVENT OR (C) ANY TAX DEDUCTIONS AND/OR BENEFITS YOU MAY RECEIVE IN RESPECT OF PAYMENTS MADE TO ATTEND ANY PARTICULAR DENTAL CE EVENT. (IT IS YOUR RESPONSIBILITY TO VERIFY ANY SUCH CLAIMS DIRECTLY WITH THE DENTAL CE PROVIDER). INACCURATE, LOST OR MISDIRECTED DATA, WHETHER THROUGH ERROR, TECHNICAL FAILURE OR THIRD PARTY HACKING, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR NEGLIGENT MIS-STATEMENT ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE AGREEMENT OR THE USE OF OR INABILITY TO USE THE CONTENT, OR ANY THIRD PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE OR OUR THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE ACCESS AND/OR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify and hold Us harmless from and against any loss, liability, costs or expenses (including but not limited to reasonable lawyer’s fees) arising from or incurred as a result of any third party claims, to the extent that such claims relate to or are based on Your breach of this TOU or Your use of the Website or Third Party Websites.
10. Term and Termination
Your license to use the Website under this TOU shall continue until it is terminated by either party. You may terminate this TOU at any time, by discontinuing use of the Website. This TOU and the License granted to You under this TOU terminate automatically if You breach any term of this TOU. Sections 2, 4, 7, 9, 10 and 11 shall survive the termination of this TOU.
11. Links / Framing
The Website may contain links to other Internet sites. We provide such links for Your convenience only, and We are not responsible for the content in any site linked to or from the Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements. You should review the Terms of Use and/or Privacy Policies on any third party sites You visit through these links. You may not, without Our prior written permission, frame or inline link any of the content of the Website, or incorporate into another website or other service any of Our material, content or intellectual property.
12. Miscellaneous
(a) This TOU and all the policies referenced herein constitute the entire agreement between Us and You concerning the subject matter hereof, and it may only be modified by a written amendment. (b) The section titles in this TOU are provided solely for convenience and have no legal or contractual significance. (c) This TOU shall be governed by and interpreted under the laws of the Province of Ontario, without regard to its conflicts of laws provisions. All actions relating to this TOU shall be brought in the competent court in the Province of Ontario. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of this TOU or portion thereof, to be invalid, unlawful or unenforceable, that provision of this TOU shall be enforced to the maximum extent permissible so as to affect the intent of the parties, or if completely unenforceable shall be deemed severable and the remainder of this TOU shall continue in full force and effect. (f) We reserve the right, at Our discretion, to update or revise this TOU (g) except as required by law, the controlling language of this TOU is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (h) You may not assign Your rights under this TOU to any party without Our consent. (i) Nothing in this TOU will be construed as creating a joint venture, partnership, employment or agency relationship between You and Us, and You do not have any authority to create any obligation or make any representation on Our behalf. (j) The parties have agreed that this TOU be drafted in the English language. Les parties ont convenu que cette entente soit rédigée en langue anglaise. (k) This TOU shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
13. Questions, Comments and Contact Information
If You have any questions, complaints and/or claims You may contact DR. DAVID WOLLE at [email protected] or directly through https://davesdentalce.com/contact-us.
Terms of Use Agreement for Dental CE Providers
If You are a Dental CE Provider, You may also use Our Website to provide Users with information about and access to Your Dental CE Courses and Events (“Dental CE Events”), but only if You agree to abide by the terms of this Dental CE Providers Terms of Use Agreement (the “Dental CE Providers TOU”). These terms are in addition to the terms in the Website’s general TOU for all users by which You are also bound by using Our Website. This TOU can be reviewed here: https://davesdentalce.com/terms_of_use.
We reserve the right to modify and/or change any of the terms and conditions of this Dental CE Provider’s TOU at any time, and without prior notice. If We materially modify this Dental CE Provider’s TOU, We will post notice of the change on the Website [https://davesdentalce.com/] It is Your responsibility to check the Website frequently for such modifications and/or changes. By continuing to use the Website after We have posted a modification, You agree to be bound by the modified Dental CE Provider’s TOU. If the modified Dental CE Providers TOU is not acceptable to You, Your only recourse is to cancel Your registration and cease using the Website.
Registration
In order to use this Website to provide users with access to Your Dental CE Events, You must register an account with Us and obtain log-in credentials, such as a user ID or screen name authorised for use by Us (“User ID”). Please click on the “Register” or “Post Course Free” buttons if You want to register. Our system will notify Us that You have registered and/or uploaded one or more Dental CE Events and We will review Your information. You will receive an email advising either (a) that You have been authorised as a Dental CE Provider on Our Website and any Dental CE Events that You have uploaded will then be visible to users or (b) that You have not been authorised with an explanation. Until You are authorised, none of Your uploaded Dental CE Events will be accessible to users. Therefore, it may take a few business days between the first time You upload Your first Dental CE Events and when those Events become accessible to users. After authorization, any further Dental CE Events You upload will be immediately accessible. We reserve the right, should We become aware that You are not actually providing a Dental CE Event that You have posted, to remove such Event from the Website and to cancel Your registration. No monies paid, if any, in respect of posting that deleted Dental CE Event will be refunded.
It is possible that We have already uploaded a listing for Your Dental CE Event(s) and created login and account information for You. We would then send You an email requesting whether You wish to have these Events remain in Our listings, in which case, You may immediately access Your account and login credentials set out in that email. If not, We will promptly delete Your Dental CE Event(s).
Upgrade Credits
As an authorised Dental CE Provider, You may at no charge, upload an unlimited number of Dental CE Events for general viewing on the Website. You can upgrade one or more of Your Dental CE Events by purchasing an Upgrade Plan that can consist of 1, 5, 10 or unlimited Upgrade Credits. Each Upgrade Credit can be used to have one of Your Dental CE Events listed higher up and with a stronger visual field in any search results using a criteria that that matches that Event, along with other benefits that are described in Our FAQ section at https://davesdentalce.com/faq. The fee structure for purchasing Upgrades Credits is: Free Trial (Your first month is free, then, unless We are notified otherwise, will automatically convert to a 1Upgrade Credit Plan); 1 Upgrade Credit -$99.00 per month; 5 Upgrade Credits- $297.00 per month, 10 Upgrade Credits- $594.00 per month; Unlimited Upgrade Credits-$794.00 per month. If You have a Canadian IP address, You will be charged in Canadian dollars. All other IP addresses originating outside Canada will be charged in United States dollars.
Your fees for Upgrade Credits must be paid for by credit card which will be processed through the third party provider Braintree.com. We are not responsible for any errors, malfunctions, tampering, hacking or other security breaches or other transactional problems arising from Your use of Braintree.com. We advise You to review Braintree’s Terms of Use Agreement and Privacy Policy prior to using their services.
Unless We are advised otherwise by email at [email protected] or You cancel the Upgrade through Your Dental CE Provider account any Upgrade Plan You purchase will be automatically renewed every month, on the same day of the month on which You first paid for it and Your credit card charged accordingly. As stated above, You have the opportunity of signing up, one time only, for a free 1 month trial period during which You will be given a free Upgrade Credit to use for any of Your Dental CE Events. Unless We are advised otherwise by email, or You cancel the Upgrade through Your Dental CE Provider account, the free trial will automatically convert to a paid 1 Upgrade Plan at the end of the free month and Your credit card will be automatically charged accordingly for the subsequent months.
We do not provide any refunds on Upgrades once purchased.
You may increase or decrease the number of Your Upgrade Credits at any time through Your CE provider account.
The only Dental CE Events that can be upgraded under an Upgrade Plan are those which You offer as the provider. You may not apply any Upgrade Credits under Your Plan to Dental CE Events which are provided by anyone other than You, even if they are related, affiliated or partially owned by You. If We discover that You have used Upgrade Credits for Dental CE Events not provided by You, Your rights to register for Upgrades or Add-Ons on this Website may be terminated and any fees already paid will not be refunded.
It is Your responsibility to designate which of Your courses will be upgraded. even if You only have one course, the course to be upgraded must be designated by You. Even if You have signed up for and paid for the unlimited upgrade credits plan, You must designate which courses should be upgraded.
Purchasing Add-Ons
If You have an Upgrade Credit Plan, You may also purchase one or more Add-Ons for a separate fee and We will place one or more of Your Dental CE Events on the Website’s homepage. The fees for purchasing each Add-On are $600.00 per month. If You cancel Your Upgrade Credit Plan or it is otherwise terminated, any Add-Ons You have purchased will also be cancelled or terminated and any such Add-Ons on Our homepage will be deleted at the end of the month in which they are cancelled. We reserve the right in future to limit the number of homepage Add-Ons that can be purchased by each Dental CE Provider and the right to cancel multiple homepage Add-Ons purchased by a single Dental CE Provider at the end of any given month
Provision of Information on Dental CE Events
You give consent or Us to (a)upload, reproduce, communicate, display and distribute over the Website or in printed material information concerning Your Dental CE Events, including Your name, address, telephone number and email address(es), course name and description (including location, date, topic, type, intended for, language, cost, speakers, length, sponsors, and text description) (b) to display all such information in any format that may be adopted by Us and (c) to provide users of the Website with an electronic link to You so they can register for any of Your Dental CE Events. We are not and will not be responsible for any errors or inaccuracies in the information, including contact information, that You have provided for any Dental CE Event, regardless of whether this information has been uploaded by You or Us.
Privacy Policy
When collecting, storing and using any personal information obtained from users via Our Website, You agree to comply with and use the same terms and conditions regarding this personal information as provided for under Our Privacy Policy at: https://davesdentalce.com/privacy_policy.
* Always consult with a qualified and licensed tax advisor when making decisions regarding the acceptability of an expense being tax deductible. Due to the complex nature of tax codes, Dave's Dental CE cannot ensure any expenses incurred will be tax deductible for you.
You may use our Website only on the condition that you agree to abide by the following terms.
BY USING OUR WEBSITE, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF THIS TERMS OF USE AGREEMENT (THE “TOU” OR “LICENCE”). If you do not agree to the terms of this Licence, do not use this website.
Dave’s Dental CE reserves the right to modify and/or change any of the terms and conditions of this Licence at any time, and without prior notice. If Dave’s Dental CE materially modifies this Licence it will post notice of the change on the Website [https://davesdentalce.com/]. It is your responsibility to check the Website [https://davesdentalce.com/ ] frequently for such modifications and/or changes. By continuing to use the Website after Dave’s Dental CE has posted a modification of this Licence, you agree to be bound by the modified Licence. If the modified Licence is not acceptable to you, your only recourse is to cease using the Website.
1. Software
This Licence applies to the Website and any updates for the Website. The Website is provided by Dave’s Dental CE, its affiliates and suppliers ("We," "Us" or "Our”). We may discontinue or change any feature of the Website at any time and without notice. In this Licence, We use the term "You" or "Your" to mean You as an individual or such entity on whose behalf You act, if any.
2. Ownership
The use of the Website is licensed to You. You agree and acknowledge that We own all right, title and interest in and to the Website, including without limitation all intellectual property rights therein. All rights in content on the Website belong to Us or third parties, as may be indicated by proprietary notices. The Website is protected by Canadian (and other countries’) copyright, and trade mark laws, other statutory and common laws and International Treaties. You will not delete or in any manner alter the copyright, trade mark, and other proprietary rights notices or markings appearing on the website, whether of Us or of third parties. Your rights to use the Website are specified in this Licence and We retain and reserve all rights not expressly granted to You.
3. Licence
You are granted a limited, non-exclusive, non-transferable license to make a reasonable number of copies of the Website’s content (including the home page, advertisements Dental CE event descriptions, Dental CE Providers’ contact information and newsletters and saved searches) and to use the Website solely for Your personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. You may also use the content to contact a Dental CE provider via an electronic message using the Website. Use of the content contained on the Website or on any other internet sites accessed through the Website as part of any networked computer environment or in derivative works, in any media whatsoever, is strictly prohibited. The grant of this limited license is conditional upon Your agreement to and full compliance with this TOU. Any other use of any of the content on the Website including reproduction for any purposes other than those noted above, modification, transmission, communication, or other distribution, display, posting, translation, compilation or republication, without Our prior written permission of is strictly prohibited, and is a violation of Our proprietary rights. All trade marks used on this Website are owned by Us or third parties as identified and You are not granted any licence to use any of these trade marks.
4. Privacy and Legal Rights
4.1 We are committed to protecting the privacy and legal rights of the users of the Website. We prohibit the violation of a users privacy rights and the distribution of content that violates anyone’s privacy rights, are illegal, infringing or may be deemed offensive by Us, in Our sole discretion. The Dave’s Dental CE Privacy Policy (available at https://davesdentalce.com/) contains information about Us and Our procedures regarding the collection, use and disclosure of personal information We receive from users of the Website.
4.2 If You believe that Your legal or privacy rights have been violated while using the Website, We encourage You to report such matters to Us at Your earliest convenience (to report, please visit the Legal & Privacy section Website, at https://davesdentalce.com/). We will, at Our discretion, examine Your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of Our commitment to providing a positive user experience.
4.3 You hereby acknowledge and agree that the Website may periodically send technical data and related information to Us to facilitate the provision of updates, if any, related to the Website. Such information may include, but is not limited to, technical information about Your computer or device (whether mobile device or other), and/or internet browser and/or system.
5. Registration
In order to access and use some features or services of the Website, (e.g. to sign up for Our newsletter, or to be notified if a Dental CE Event matches search criteria You have requested, to save searches or lists of Dental CE Events or Providers, or to comment on the Website on a Dental CE Event or Provider or to receive promotional emails from Us or Our suppliers), You may need to register with Us to create an account and obtain log-in credentials, such as a user ID or screen name or password authorized for use by Us ("User ID"). Please go to [https://davesdentalce.com/login] if You want to register for certain services and obtain a User ID. Your registration for a User ID may be subject to separate terms and conditions, if so, You must agree to abide by those terms and conditions if You use the Website under Your User ID. Also, You may need to register with a third party and obtain log-in credentials, such as a user ID, authorized for use by such third party in order to use this Website or websites with services provided by such third party. Your registration for a user ID issued by a third party will be subject to that party’s separate terms and conditions. You must review and abide by those third party terms and conditions if You use the Website to contact such third party.
6. Representations and Warranties
You agree to comply with all applicable local and international laws, rules and regulations when using the Website. You will not use the Website or its Content in to (a) infringe anyones copyrights, trade mark or other legal rights, statutory or contractual, (b) for any purpose that is unlawful or prohibited by this TOU or (c) in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and engagement of the Website. You will also not upload or otherwise add content to the Website which infringes anyone’s copyrights, trade marks, patents or other legal rights, common law, statutory or contractual, or which is obscene, scandalous, defamatory, libellous, false or misleading, fraudulent, inflammatory, discriminatory, threatening, vulgar, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful, aimed at gender, race, colour, sexual orientation, national origin, religious views and disability. Additionally, You agree that You will not: make any submission of content (“Submission”) that is an advertisement or solicitation of business; a chain letter or pyramid scheme; impersonates another person; distributes viruses or other harmful computer code; harvests or otherwise collects information about others, including email addresses, without their consent; transmits the same Submission more than once or engage in “spamming”; or engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in Our judgment of, exposes Us or any of Our licensors, partners, or customers to any liability or detriment of any type.
We are not responsible for any content in Submissions submitted by You on the Website. You are solely responsible for Your Submission, the consequences of making a Submission, and Your reliance on any Submissions. We are not responsible for pre-screening, monitoring or editing Submissions made to this Site by users. However, We reserve the right to remove Submissions at any time that, in Our judgement, do not comply with these TOU. For example, if notified by a user of a Submission allegedly in violation of these TOU, We may investigate the allegation and determine in Our sole discretion whether to remove or edit such Submission. We also reserve the right, but not the obligation, to monitor, edit, disclose, or delete any Submission, regardless of whether such Submission violates these TOU. We will have no liability or responsibility to You for performance or non-performance of such activities.
By making a Submission, You agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Us. If You make a Submission, You automatically grant—or warrant that the owner of such content has expressly granted—Us a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media, or any form, format, or forum now known or hereafter developed, and to sub-license such rights. You also waive all moral rights in and to the Submission in favor of Us. You represent and warrant that: (a) You own or otherwise control all the rights to the Submission’s content; (b) the Submission’s content is accurate; (c) use of the Submission’s content You supply does not violate these TOU, any local, state, national, or international law, or the rights of any third party; (d) use of the Submission’s content You supply will not cause injury to any person or entity; and (e) You will indemnify Us for all claims resulting from the Submission’s content. Notwithstanding the foregoing, We are not required to use any Submission.
7. Disclaimer of Warranty
You expressly acknowledge and agree that You assume all the responsibility and risk for Your use of the Website and the results and performance thereof and Your use of any Third Party Sites. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE AND/OR US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT REPRESENT OR WARRANT: (I) THAT THE WEBSITE OR ANY THIRD PARTY WEBSITE ACCESSIBLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE WEBSITE OR ANY OF THIRD PARTY CONTENT ON THE WEBSITE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE WEBSITE, OR ANY THIRD PARTY CONTENT ON THE WEBSITE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND WE AND OUR THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. WE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN OR ON THE WEBSITE OR THE CONTENT, INCLUDING THIRD PARTY CONTENT, AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE USE OF IT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS AND OUR THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR INACCURATE OR UNMET PROMISES OR CLAIMS MADE BY THIRD PARTY DENTAL CE PROVIDERS REGARDING (A) KNOWLEDGE OR INFORMATION YOU MAY GAIN OR LEARN FROM ATTENDING ANY PARTICULAR DENTAL CE EVENT, (B) ANY CE CREDITS YOU MIGHT RECEIVE BY ATTENDING ANY PARTICULAR DENTAL CE EVENT OR (C) ANY TAX DEDUCTIONS AND/OR BENEFITS YOU MAY RECEIVE IN RESPECT OF PAYMENTS MADE TO ATTEND ANY PARTICULAR DENTAL CE EVENT. (IT IS YOUR RESPONSIBILITY TO VERIFY ANY SUCH CLAIMS DIRECTLY WITH THE DENTAL CE PROVIDER). INACCURATE, LOST OR MISDIRECTED DATA, WHETHER THROUGH ERROR, TECHNICAL FAILURE OR THIRD PARTY HACKING, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR NEGLIGENT MIS-STATEMENT ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE AGREEMENT OR THE USE OF OR INABILITY TO USE THE CONTENT, OR ANY THIRD PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE OR OUR THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE ACCESS AND/OR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify and hold Us harmless from and against any loss, liability, costs or expenses (including but not limited to reasonable lawyer’s fees) arising from or incurred as a result of any third party claims, to the extent that such claims relate to or are based on Your breach of this TOU or Your use of the Website or Third Party Websites.
10. Term and Termination
Your license to use the Website under this TOU shall continue until it is terminated by either party. You may terminate this TOU at any time, by discontinuing use of the Website. This TOU and the License granted to You under this TOU terminate automatically if You breach any term of this TOU. Sections 2, 4, 7, 9, 10 and 11 shall survive the termination of this TOU.
11. Links / Framing
The Website may contain links to other Internet sites. We provide such links for Your convenience only, and We are not responsible for the content in any site linked to or from the Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements. You should review the Terms of Use and/or Privacy Policies on any third party sites You visit through these links. You may not, without Our prior written permission, frame or inline link any of the content of the Website, or incorporate into another website or other service any of Our material, content or intellectual property.
12. Miscellaneous
(a) This TOU and all the policies referenced herein constitute the entire agreement between Us and You concerning the subject matter hereof, and it may only be modified by a written amendment. (b) The section titles in this TOU are provided solely for convenience and have no legal or contractual significance. (c) This TOU shall be governed by and interpreted under the laws of the Province of Ontario, without regard to its conflicts of laws provisions. All actions relating to this TOU shall be brought in the competent court in the Province of Ontario. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of this TOU or portion thereof, to be invalid, unlawful or unenforceable, that provision of this TOU shall be enforced to the maximum extent permissible so as to affect the intent of the parties, or if completely unenforceable shall be deemed severable and the remainder of this TOU shall continue in full force and effect. (f) We reserve the right, at Our discretion, to update or revise this TOU (g) except as required by law, the controlling language of this TOU is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (h) You may not assign Your rights under this TOU to any party without Our consent. (i) Nothing in this TOU will be construed as creating a joint venture, partnership, employment or agency relationship between You and Us, and You do not have any authority to create any obligation or make any representation on Our behalf. (j) The parties have agreed that this TOU be drafted in the English language. Les parties ont convenu que cette entente soit rédigée en langue anglaise. (k) This TOU shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
13. Questions, Comments and Contact Information
If You have any questions, complaints and/or claims You may contact DR. DAVID WOLLE at [email protected] or directly through https://davesdentalce.com/contact-us.
Terms of Use Agreement for Dental CE Providers
If You are a Dental CE Provider, You may also use Our Website to provide Users with information about and access to Your Dental CE Courses and Events (“Dental CE Events”), but only if You agree to abide by the terms of this Dental CE Providers Terms of Use Agreement (the “Dental CE Providers TOU”). These terms are in addition to the terms in the Website’s general TOU for all users by which You are also bound by using Our Website. This TOU can be reviewed here: https://davesdentalce.com/terms_of_use.
We reserve the right to modify and/or change any of the terms and conditions of this Dental CE Provider’s TOU at any time, and without prior notice. If We materially modify this Dental CE Provider’s TOU, We will post notice of the change on the Website [https://davesdentalce.com/] It is Your responsibility to check the Website frequently for such modifications and/or changes. By continuing to use the Website after We have posted a modification, You agree to be bound by the modified Dental CE Provider’s TOU. If the modified Dental CE Providers TOU is not acceptable to You, Your only recourse is to cancel Your registration and cease using the Website.
Registration
In order to use this Website to provide users with access to Your Dental CE Events, You must register an account with Us and obtain log-in credentials, such as a user ID or screen name authorised for use by Us (“User ID”). Please click on the “Register” or “Post Course Free” buttons if You want to register. Our system will notify Us that You have registered and/or uploaded one or more Dental CE Events and We will review Your information. You will receive an email advising either (a) that You have been authorised as a Dental CE Provider on Our Website and any Dental CE Events that You have uploaded will then be visible to users or (b) that You have not been authorised with an explanation. Until You are authorised, none of Your uploaded Dental CE Events will be accessible to users. Therefore, it may take a few business days between the first time You upload Your first Dental CE Events and when those Events become accessible to users. After authorization, any further Dental CE Events You upload will be immediately accessible. We reserve the right, should We become aware that You are not actually providing a Dental CE Event that You have posted, to remove such Event from the Website and to cancel Your registration. No monies paid, if any, in respect of posting that deleted Dental CE Event will be refunded.
It is possible that We have already uploaded a listing for Your Dental CE Event(s) and created login and account information for You. We would then send You an email requesting whether You wish to have these Events remain in Our listings, in which case, You may immediately access Your account and login credentials set out in that email. If not, We will promptly delete Your Dental CE Event(s).
Upgrade Credits
As an authorised Dental CE Provider, You may at no charge, upload an unlimited number of Dental CE Events for general viewing on the Website. You can upgrade one or more of Your Dental CE Events by purchasing an Upgrade Plan that can consist of 1, 5, 10 or unlimited Upgrade Credits. Each Upgrade Credit can be used to have one of Your Dental CE Events listed higher up and with a stronger visual field in any search results using a criteria that that matches that Event, along with other benefits that are described in Our FAQ section at https://davesdentalce.com/faq. The fee structure for purchasing Upgrades Credits is: Free Trial (Your first month is free, then, unless We are notified otherwise, will automatically convert to a 1Upgrade Credit Plan); 1 Upgrade Credit -$99.00 per month; 5 Upgrade Credits- $297.00 per month, 10 Upgrade Credits- $594.00 per month; Unlimited Upgrade Credits-$794.00 per month. If You have a Canadian IP address, You will be charged in Canadian dollars. All other IP addresses originating outside Canada will be charged in United States dollars.
Your fees for Upgrade Credits must be paid for by credit card which will be processed through the third party provider Braintree.com. We are not responsible for any errors, malfunctions, tampering, hacking or other security breaches or other transactional problems arising from Your use of Braintree.com. We advise You to review Braintree’s Terms of Use Agreement and Privacy Policy prior to using their services.
Unless We are advised otherwise by email at [email protected] or You cancel the Upgrade through Your Dental CE Provider account any Upgrade Plan You purchase will be automatically renewed every month, on the same day of the month on which You first paid for it and Your credit card charged accordingly. As stated above, You have the opportunity of signing up, one time only, for a free 1 month trial period during which You will be given a free Upgrade Credit to use for any of Your Dental CE Events. Unless We are advised otherwise by email, or You cancel the Upgrade through Your Dental CE Provider account, the free trial will automatically convert to a paid 1 Upgrade Plan at the end of the free month and Your credit card will be automatically charged accordingly for the subsequent months.
We do not provide any refunds on Upgrades once purchased.
You may increase or decrease the number of Your Upgrade Credits at any time through Your CE provider account.
The only Dental CE Events that can be upgraded under an Upgrade Plan are those which You offer as the provider. You may not apply any Upgrade Credits under Your Plan to Dental CE Events which are provided by anyone other than You, even if they are related, affiliated or partially owned by You. If We discover that You have used Upgrade Credits for Dental CE Events not provided by You, Your rights to register for Upgrades or Add-Ons on this Website may be terminated and any fees already paid will not be refunded.
It is Your responsibility to designate which of Your courses will be upgraded. even if You only have one course, the course to be upgraded must be designated by You. Even if You have signed up for and paid for the unlimited upgrade credits plan, You must designate which courses should be upgraded.
Purchasing Add-Ons
If You have an Upgrade Credit Plan, You may also purchase one or more Add-Ons for a separate fee and We will place one or more of Your Dental CE Events on the Website’s homepage. The fees for purchasing each Add-On are $600.00 per month. If You cancel Your Upgrade Credit Plan or it is otherwise terminated, any Add-Ons You have purchased will also be cancelled or terminated and any such Add-Ons on Our homepage will be deleted at the end of the month in which they are cancelled. We reserve the right in future to limit the number of homepage Add-Ons that can be purchased by each Dental CE Provider and the right to cancel multiple homepage Add-Ons purchased by a single Dental CE Provider at the end of any given month
Provision of Information on Dental CE Events
You give consent or Us to (a)upload, reproduce, communicate, display and distribute over the Website or in printed material information concerning Your Dental CE Events, including Your name, address, telephone number and email address(es), course name and description (including location, date, topic, type, intended for, language, cost, speakers, length, sponsors, and text description) (b) to display all such information in any format that may be adopted by Us and (c) to provide users of the Website with an electronic link to You so they can register for any of Your Dental CE Events. We are not and will not be responsible for any errors or inaccuracies in the information, including contact information, that You have provided for any Dental CE Event, regardless of whether this information has been uploaded by You or Us.
Privacy Policy
When collecting, storing and using any personal information obtained from users via Our Website, You agree to comply with and use the same terms and conditions regarding this personal information as provided for under Our Privacy Policy at: https://davesdentalce.com/privacy_policy.
* Always consult with a qualified and licensed tax advisor when making decisions regarding the acceptability of an expense being tax deductible. Due to the complex nature of tax codes, Dave's Dental CE cannot ensure any expenses incurred will be tax deductible for you.
