The following text can also be downloaded in the links provided here:
Terms of Service Agreement
Effective: September 21, 2018
1. Acceptance of Terms. The Site and Services are made available by MDIB subject to this Agreement. MDIB reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site or in connection with the Services. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Site or Services following changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and MDIB arising prior to the date on which MDIB posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes.
BY ACCESSING OR USING THE SITE OR SERVICES, REGARDLESS OF WHETHER YOU REGISTER AS A USER, YOU AFFIRM THAT YOU ARE (I) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, (II) YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY ENTER INTO THIS AGREEMENT AND PERFORM YOUR OBLIGATIONS; (III) YOU’VE READ THIS AGREEMENT AND YOU AGREE TO BE BOUND BY IT; AND (IV) YOU UNDERSTAND THIS AGREEMENT SETS OUT BINDING LEGAL OBLIGATIONS FOR YOU.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site or Services, with or without notice; charge fees in connection with the use of the Site or Services; modify or waive any fees charged in connection with the Site or Services; or offer opportunities to some or all users of the Site or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or of any Service, content, feature or product, in whole or in part. Your continued access to or use of the Site or Services after such changes will indicate your acceptance of such changes.
2. Site and Services Information. We provide users of the Site and/or Services with access to certain content and services related to the working mothers in the dental and medical professions, which may include, without limitation: (a) seminar registration; (b) live streaming media (e.g., webcasts, podcasts and groupcasts) and on-demand streaming media; (c) downloadable audio and video courses; (e) continuing education; (f) downloadable presentation materials; (f) downloadable publications; (g) blogs; and (h) downloadable forms and other documents (such content and services also part of the “Services”).
The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded and the speed of your Internet connection. MDIB makes no representation or warranty regarding access to content available through the Site or in connection with Services, including the quality of streaming content and the download speed of downloadable content.
The content provided through the Site and/or or in connection with the Services is designed to provide practical and useful information on the subject matter covered. WHILE SUCH CONTENT MAY CONCERN LEGAL ISSUES, ACCOUNTING ISSUES, TAX ISSUES, DENTAL AND MEDICAL PRACTICE ISSUES OR OTHER ISSUES RELATED TO PROFESSIONAL SERVICES, SUCH CONTENT IS NOT LEGAL ADVICE, ACCOUNTING ADVICE, TAX ADVICE, DENTAL OR MEDICAL PRACTICE ADVICE OR OTHER PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THIS SITE OR IN CONNECTION WITH THE SERVICES WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION, OR THE ADVICE OF A COMPETENT PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER. MDIB EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF THIS SITE OR IN CONNECTION WITH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT PROVIDED FOR THE PURPOSE OF RENDERING LEGAL, ACCOUNTING, TAX, DENTAL, MEDICAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. IF YOU BELIEVE YOU REQUIRE LEGAL ADVICE OR OTHER EXPERT ASSISTANCE, YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL.
3. Jurisdictional Issues. The Site and the Services are controlled and operated by MDIB from the United States, and are not intended to subject MDIB to the laws or jurisdiction of any state, country or territory other than that of the United States. MDIB neither represents nor warrants that the Site or the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Moreover, MDIB neither represents nor warrants that the Services or any part thereof may be in compliance or applicable to any state laws in the United States. In choosing to access the Site or Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Site or the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services described on the Site or the Services are available in all states or territories.
A. Account Credentials. You are solely responsible in all respects for all use of and for protecting the confidentiality of your unique password. You agree to notify us immediately of any unauthorized use of your password or other credentials for your subscription and any other suspected breach of security regarding the Site. If you discover or believe that your membership has been accessed or used without your authorization, please contact us at firstname.lastname@example.org. MDIB is not liable for and you hereby release MDIB from any liability for any loss or damage arising from the unauthorized use of your password and credentials. You are responsible for all activity on and use of your membership, and you may not assign or otherwise transfer your membership to any other person or entity.
B. Billing and Payment. If you sign up for a paid membership subscription, you agree to pay MDIB all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize MDIB, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. MDIB reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent MDIB provides additional Services for purchase, and you elect to purchase other Services or product offerings we may offer for a fee, you authorize MDIB to charge your chosen payment provider for the Services and/or products you purchase. You agree that if MDIB already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
C. Automatic Subscription Renewal and Cancellation
MDIB PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
You agree to pay all fees under this Agreement, including any applicable sales or similar taxes. Except as otherwise specified herein (i) fees are based on the subscription purchased and not actual usage, (ii) payment obligations are noncancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the applicable Term. You will provide MDIB with valid and updated credit card information. You authorize MDIB to charge such credit card for the subscription plan for the initial term and any subsequent renewal term. You also authorize MDIB to charge you for any sales or similar taxes that may be imposed on your payments.
D. Refund Policy. Except as set forth in this Agreement or as described on the Site at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. However, MDIB reserves the right to provide refunds or credits if it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
5. Rules of Conduct. You must comply with all applicable laws, rules and regulations while accessing or using the Site and/or Services. In addition, we expect users to respect the rights and dignity of others. Your use of the Site and/or Services is conditioned upon your compliance with the rules set forth in this section. You must not:
Post, transmit, or otherwise make available, through or in connection with the Site or Services,(a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;(d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.
Use the Site or Services (a) to defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or Submissions (as defined below); or (c) for any other fraudulent or unlawful purpose.
Interfere with or disrupt the operation of the Site or Services or the servers or networks used to make the Site or Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or in connection with the Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
Restrict or inhibit any other person from using the Site or Services (including by hacking or defacing the Site).
Use the Site or Services to advertise or offer to sell or buy any goods or services.
License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or Services or any access to or use of the Site or Services.
Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or Services.
Remove any copyright, trademark or other proprietary rights notice from the Site or Services or any materials available through the Site or Services.
Frame or mirror any part of the Site or Services without MDIB’s express prior written consent.
Systematically download or store content from the Site or Services.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or Services without MDIB’s express prior written consent. Notwithstanding the foregoing, MDIB grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MDIB reserves the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you (and not MDIB) are responsible for obtaining access to the Site or Services and for having all the equipment necessary to do so, even if that means you incur fees from a third party (such as an Internet Service Provider), including telephone, equipment, airtime, or Internet Service Provider charges.
We may terminate your use of the Site or Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct set forth above (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site or Services).
6. Forums. We and our service providers may make available through the Site or Services certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, among other services) to which you are able to post information and materials (each, a “Forum”).
Information contained in Forums may be provided by employees of MDIB as well as by third-party visitors to the Site or Services. Please note that visitors to the Site or Services may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. MDIB and its directors, officers, employees, representatives, affiliates, licensors and service providers (collectively, with MDIB, the “MDIB Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, the MDIB Entities are not responsible for any information or materials made available through the Forums (including errors or omissions in Forum postings or links or images embedded in Forum postings) or results obtained by using any such information or materials. Under no circumstances will the MDIB Entities be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of MDIB.
In addition, the MDIB Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party information voluntarily made public through a Forum or any other part of the Site or Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE OR SERVICES, YOU DO SO AT YOUR OWN RISK.
7. Submissions. The Site or Services may make available certain functionality (including Forums and e-mail addresses) through which you are able to post, send or make available information and materials (each, a “Submission”). For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the Site or Services, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or here after developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site or Services as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Submissions for any purpose whatsoever without compensation to you or any other person. You are and remain responsible and liable for the content of any Submission.
8. Feedback. Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (including training materials) (“Feedback”), whether related to the Site, the Services or otherwise, you hereby acknowledge and agree that (a) your provision of any Feedback is gratuitous, unsolicited and without restriction and does not place MDIB under any fiduciary or other obligation; and (b) any Feedback is not confidential and MDIB has no confidentiality obligations with respect to such Feedback. Without limiting the foregoing, you agree that all Feedback shall be and remain the exclusive property of MDIB and we may use all Feedback, all without notice to, consent from, or compensation to you.
9. Monitoring. We may (but have no obligation to) monitor, evaluate or alter Submissions before or after they appear on the Site or in connection with the Services. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.
10. Intellectual Property and Proprietary Rights.
Technology. The Site, Services, and entire contents, features and functionality, including but not limited to, the information, software, hardware, databases, data, digital newsletters, magazines, guides and articles, blogs, podcasts, webinars, educational materials, forms, and underlying information, text, displays, user interfaces, images, video and audio, and the design, selection and arrangement thereof (collectively, “Technology”) is owned by MDIB and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site and Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• To the extent we link to social media networks in connection with the Website, e.g., Facebook, Google +, Pinterest, Twitter, LinkedIn and other social media networks, you may take such actions as are enabled by such features.
You must not:
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by MDIB.
Trademarks. MDIB, MOMMY DENTISTS IN BUSINESS, and MOMMY DENTISTS IN BUSINESS logo, and all related trademarks, service marks names, logos, product and service names, designs and slogans are trademarks of MDIB. In addition, the names of other companies and products mentioned on the Site and/or third party trade names and logos displayed on the Site may be the trademarks of their respective owners. Nothing contained on the Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any MDIB trademark or third party trademarks displayed on the Site without the written permission of MDIB or such third party that may own or holds the right, title and interest in other trademarks displayed on the Site.
Copyright Policy. MDIB respects the copyrights of third parties. You may not use the Site to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party. It is our policy to terminate the accounts of users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent. If you believe that your copyrighted work has been posted or used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent (defined below) with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our “Copyright Agent” for notice of claims of copyright infringement may be reached by mail at: [INSERT NAME, EMAIL ADDRESS AND MAILING ADDRESS FOR CONTACT PERSON].
11. Accuracy of Information; Products, Content and Specifications. We attempt to ensure that information provided on or in connection with the Site or Services is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site or Services. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third-party products or services available in connection with the Site or Services do not imply MDIB’s endorsement of such third-party products or services. The inclusion of any products or services on the Site or Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site or in connection with the Services.
13. DISCLAIMER OF WARRANTIES. THE SITE, SERVICES AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. THE MDIB ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
MDIB AND OUR SUPPLIERS OR PROVIDERS DO NOT WARRANT THAT THE MDIB SITE WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR NEEDS, OR OPERATE UNINTERRUPTED, TIMELY, SECURELY, OR WITHOUT ERROR. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MDIB SITE WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, SAFE, OR FREE OF MALWARE OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR EMPLOYEES, PROVIDERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO; THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT.
14. LIMITATION OF LIABILITY. THE MDIB ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE MDIB ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES BY MDIB OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES. THE MAXIMUM LIABILITY OF MDIB FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MDIB TO ACCESS AND USE THE SITE OR SERVICES DURING THE PRIOR TWELVE MONTH TERM.
While we try to maintain the integrity and security of the Site and Services and the servers from which the Site and Services are operated, we do not guarantee that the Site or Services will be or remain secure, complete or correct, or that access to the Site or Services will be uninterrupted. The Site or Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or Services. If you become aware of any unauthorized third party alteration to the Site or Services, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the Site or Services where such material(s) appear.
15. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each of the MDIB Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or Services; (b) any violation or alleged violation of this Agreement by you; (c) your violation of any rights of a third party, including privacy rights and, without limitation, any trademark, copyright, patent, trade secret, or other intellectual property or proprietary rights including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing; or (d) your violation of any applicable laws or regulations.
16. Termination. This Agreement is effective until terminated. MDIB may terminate your access to or use of the Site or Services, at any time and for any reason, including if MDIB believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Site or Services will immediately cease. You agree that any termination of your access to or use of the Site or Services may be effected without prior notice, and that MDIB may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that MDIB shall not be liable to you or any third party for any termination of your access to the Site or Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
21. Governing Law and Arbitration. This Agreement is governed by the laws of the State of Illinois, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MDIB, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE OR SERVICES, YOU AGREE THAT YOU AND MDIB ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in Cook County, State of Illinois, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
17. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
18. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site or Services, please contact us by writing to: [INSERT CONTACT TITLE; MAILING ADDRESS AND PHONE NUMBER]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.
Data Breach. While MDIB employs security measures to maintain data security, data breaches can occasionally happen, even to the most secure of systems. In the event of such a situation, MDIB will, in compliance with any applicable federal and state data breach laws, endeavor to timely notify all users whose personal information MDIB knows or has irrefutable reason to believe was accessed by an unauthorized person.
Force Majeure. You agree that we are not responsible to you for anything that MDIB may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials.
Assignment. You may not assign your rights or obligations under this Agreement to any other party without our prior written consent. We may assign our rights or obligations under this Agreement to any other party at our sole discretion.
Entire Agreement. Unless we later reach some other separate agreement with you, this Agreement constitutes the complete and exclusive agreement between us regarding your access to and use of our Site and Services. This Agreement supersede any prior agreements, proposals, or communications, oral or written, between you and MDIB relating to your use of our Services.
Severability. In the event that a provision of this Agreement is found to be unlawful, in conflict with another provision in the Agreement, or otherwise unenforceable, the remainder of the Agreement will continue to be enforceable as though it had been entered into without the unenforceable provisions being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, MDIB has the sole right to decide which provision remains in force.
Non-Waiver. We reserve all rights permitted to us under this Agreement as well as under any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or of any applicable law shall not be construed as a waiver of our right to enforce that same provision or provisions under the same or different circumstances at any time in the future.
Effective: September 21, 2018
Personal Information We May Collect
“Personal Information” is information that identifies you as an individual, which may include:
- Postal address (including billing and shipping addresses)
- Telephone number
- Fax number
- Email address
- Credit or debit card number
How We May Collect Personal Information
We and our service providers may collect Personal Information in a variety of ways, including:
- Through the Services: We may collect Personal Information through the Services, e.g., when you purchase a subscription, register for a seminar or webcast, order and view live and on-demand streaming media, make a purchase, or use mobile and/or desktop applications or solutions you download and/or access from this Site.
- Offline: We may collect Personal Information from you offline, such as when you attend one of our seminars, place an order over the phone or contact customer service.
- From Other Sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties.
How We May Use Personal Information
We and our service providers may use Personal Information:
- To respond to your inquiries and fulfill your requests, such as to send you new service and product offerings, newsletters, brochures, articles and e-mails.
- To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
- To provide you the Services.
- To complete and fulfill your purchase for Services or other products, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase of Services and provide you with related customer service.
- To send you marketing communications that we believe may be of interest to you.
- To personalize your experience on the Services by presenting products and offers tailored to you.
- To allow you to participate in surveys, sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
- To facilitate social sharing functionality.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
- For any other purpose with your consent.
We may use and/or disclose aggregated, de-identified information about our users, and non-aggregated information that does not identify any individual, without restriction.
How Personal Information May Be Disclosed
Your Personal Information may be disclosed:
- To our third party service providers who provide services such as data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
- To third parties to permit them to send you marketing communications, if you have opted in to such sharing.
- To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
- When you have otherwise consented to such disclosure.
Other Information We May Collect
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:
- Browser and device information
- Information collected through cookies, pixel tags and other technologies
- Demographic information and other information provided by you
- Aggregated information
We and our third party service providers may collect Other Information in a variety of ways, including:
- Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function.
- IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
- From you: Information such as your location, as well as other information, such as your preferred means of communication, practice area and year of dental or medical school graduation, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services.
- By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services, (for example, we may aggregated Personal Information to calculate the percentage of our users who have a particular telephone area code).
How We May Use and Disclose Other Information
Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information.
In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other
Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
THIRD PARTY SERVICES
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with our Social Media Pages.
In accordance with industry standards, we have implemented security safeguards to protect MDIB and its users against unauthorized accessing, disclosure, alteration, or destruction of Personal Information. Some of the safeguards may include:
- Requiring passwords in order to access sections of the Site or certain data;
- Employing firewalls to prevent unauthorized Site and data access; and
- Restricting access to Personal Information to certain MDIB employees, contactors, agents, and operators; and
While we are always looking to take reasonable steps to improve our security, the Internet can never be completely secure, and we cannot guarantee the security of the information transmitted to MDIB. In particular, emails, messages, and other communications between MDIB users are not encrypted, and you should never use these communication methods to convey personal information that you wish to keep private. Ultimately, you are responsible for protecting the security of your password and login information.
While MDIB employs multiple security measures to maintain data security, data breaches can occasionally happen, even to the most secure of systems. In the event of such a situation, MDIB will, in compliance with any applicable federal and state data breach laws, endeavor to timely notify all users whose Personal Information MDIB knows or has clear reason to believe was accessed by an unauthorized person.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
- Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by sending an email to email@example.com or follow the unsubscribe instructions included in each marketing-related email.
- Receiving telephone calls, fax messages or postal mail from us: If you no longer want to receive marketing-related telephone calls or postal mail from us on a going-forward basis, you may opt-out of receiving these marketing communications by sending an email to firstname.lastname@example.org and specifying the contact information used and form of marketing from which you are opting out.
- Our sharing of your Personal Information with third parties for their direct marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with third parties for their direct marketing purposes, you may opt-out of this sharing by sending an email to email@example.com.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.
How you can access, change or suppress your Personal Information
If you would like to review, correct, update, suppress, or delete Personal Information that has been previously provided to us by you, you may contact us by writing to:
[INSERT CONTACT PERSON, MAILING ADDRESS and EMAIL ADDRESS]
In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information that you have provided to us suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.
YOUR RIGHTS UNDER THE EU GENERAL DATA PROTECTION REGULATION
Data Controller/Processor. For purposes of the EU General Data Protection Regulation (“GDPR”), if you are located in the European Economic Area, MDIB is the Controller (as defined in the GDPR) of your Personal Information.
Data Protection Officer: MDIBhas a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at [INSERT EMAIL ADDRESS AND PHYSICAL ADDRESS]
Your Rights as a Data Subject. The GDPR may provide you the right to:
- Make a Data Subject Access Request to access your Personal Information at any time. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
- Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate Personal Information we hold about you corrected, although we may need to verify the accuracy of the new data you provide to us.
- Request erasure / deletion / removal of your Personal Information. This enables you to ask us to delete or remove your Personal Information where we do not have a valid reason to continue to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Please Note: we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a 3rd party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to process it.
- Data Portability / Request the transfer of your Personal Information to you or directly to another controller. This right only applies to automated information which you initially provided consent for us to use or where we used the Personal Information to perform a contract with you. We will (unless there is an exemption) assist you by securely transferring your Personal Information directly to another controller where technically feasible or by providing you with a copy in a structured commonly used machine readable format.
- Withdraw consent at any time where we are relying on your consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
Legal Basis for processing your Personal Information. We have set out a short description of main ways we will collect, store, process, share and disclose your Personal Information and the legal basis we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
We will only use your Personal information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:
- To fulfill a contract we are about to enter into or have entered into with you;
- Where it is in our legitimate interests, i.e. a business or commercial reason to use your information in conducting and managing our business;
- When it is our legal or regulatory duty; and
- When you consent.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Information through the Services.
The Services are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Services or otherwise to us.
Your California Privacy Rights. California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal information with third parties for their own direct marketing purposes. California residents who are registered users of the Services and are under the age of 18 are entitled, in accordance with California law, to request and obtain removal of content and information that they themselves post on the Services.
Monitoring and Enforcement. In accordance with applicable laws, you may request access and raise concerns or complaints regarding your personal information processed by us with by contacting us: by email firstname.lastname@example.org ; or by mailing MIDB at _______________________.
Please note that email communications are not always secure; so please do not include credit card information or sensitive information in your emails to