AGREEMENT BETWEEN USER AND REALWORLDENDO.COM WEBSITE
These terms of use are an agreement between Endodontic Education Seminars, LLC, (Herein referred to as EES) and its communities; i.e. RealWorldDentistry, RealWorldEndo, RealWorldPerio, RealworldPros, RealWorldManagement (herein referred to as the “Website”) and users of its Website (herein referred to as “you” or “user”). This agreement (herein referred to as the “Agreement”) also governs your use of the products and services made available to you through our Website. By clicking on the button below marked “I Accept” or by using the Website, you acknowledge that you have reviewed and agree to all of the provisions, disclosures and disclaimers in this Agreement and agree to be bound by them in connection with your use of the Website. The Website reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. EES reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website(s) or to change, suspend or discontinue all or any aspect of the Website(s), including the availability of any feature, database, information or content, at any time and without prior notice or liability.
As you use the Website, you will encounter windows and hyperlinks that take you to web pages or websites of other companies with which we contract, either to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. Where such web page or website contains terms, conditions, policies, notices or disclaimers prepared by EES related to the use of our Website or other web pages, or websites accessed through our Website, such terms, conditions, policies, notices or disclaimers are incorporated by reference into this Agreement whether or not any such term, condition, policy, notice, or disclaimer is referenced below. You acknowledge that you are aware of and accept the terms and conditions of the Website’s Privacy Policy.
EMERGENCY MEDICAL CONDITIONS
The information on this website is not intended as a treatment guideline; but rather sharing of ideas by various members and faculty of the site. Standards of care are set by each country, state, and various localities and EES is not responsible for teaching or sharing of information or techniques that may conflict with local regulations. Please consult your local health board, or professional regulations board to understand local standards of care before attempting any information you read, watch, and learn on this website. EES can not be held responsible for information you learn and apply either in the main portion of the Website, where information is shared by EES Faculty, or in the Forums section of the Website, where all members contribute content to the Website.
RESTRICTED TO ADULTS AND DENTAL AND MEDICAL PROFESSIONALS
You must be at least 18 years of age to use the Website and its Communities. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to the Website by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults. Use of portions of the Website that require an account and you to log in are intended for and restricted to dental and medical professionals unless you sign with a COM membership that is used specifically for commercial use by salesforce or company representatives.
OUR MEMBERS
The Website does not clinically evaluate or perform credentialing of the Professional participants, because the Professional participants are not practicing medicine or providing medical advice about individual-specific treatment matters with patients. Our communities are restricted to dental or healthcare professionals only and consumers are restricted from creating an account on our Website.
When we receive an e-mail, we make reasonable efforts to respond in as timely a manner as possible but EES does not guarantee that it will respond to all inquiries. We reserve the right to ignore or delete any information including, without limitation, information that is fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person. You should be aware of the general risks of transmitting information over the Internet. While we attempt to prevent unauthorized persons from accessing our files or tampering with our site, we cannot guarantee that these efforts will always be successful or that information will be transmitted without interruption or error and EES specifically disclaims any liability with respect thereto.
OUR SPONSORS
EES and its Communities provide you with the opportunity to contact various manufacturers of products and services advertised, and sometimes, showcased on our Website (the “Sponsors”). Some content may be sponsored and others is not sponsored. All information regarding a specific Sponsor has been provided by that Sponsor.
We contract with Sponsors for a fee and such fee is not based on the volume or value of any services Sponsors may or may not provide to our users. We do not endorse, credential or accredit the services our Sponsors advertise and make no representations or warranties about the type of services, quality of care, source of payment or billing practices of our Sponsors. We do not verify or update the licenses, accreditations, certifications or other permits and approvals of any Sponsor. You are ultimately responsible for all activities between you and a Sponsor.
If you indicate that you wish information about or from a Sponsor, or to be contacted by a Sponsor, this information is passed along to the Sponsor. We also provide to our Sponsors general information about the users who contact our Website.
CONTACTS WITH OTHERS WEBSITES
Our Website may include or provide links to other web sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, we do not represent to you that it has investigated the content of such information, opinions or recommendations, and thus you understand and agree that our Website does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that EES has no control over such sites and is not responsible for the availability of such external sites. You also acknowledge and agree that we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You should contact the site administrator or Webmaster for other websites if you have any concerns regarding such links or the content located on such other websites.
OUR INFORMATION
EES strives to be a valuable resource of timely information for our users. We cannot ensure that information we provide is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic.
YOUR INFORMATION
The Website may gather and share customer and client information with its Sponsors about the areas, topics and communities of interest, zip codes, and products and services identified, purchased or used by you and our other users of the Website. Such information may be aggregate or individual. Information we gather about the use of our website may be used, for example, in providing information to our Sponsors, advertisers or vendors of products and services with which we have a relationship. The manner in which we collect and use personally identifying information voluntarily provided by you is described in our Privacy Policy. Such information may also be used by the Website to enforce this Agreement. You agree that all information submitted by you is accurate and complete. You further agree that you will not access the portions of the Website requiring a login unless you are a dentist, a dental student, or have a COM account membership. EES may restrict or terminate your access to the Website if it has reason to believe you have provided false or inaccurate information.
COPYRIGHT AND TRADEMARK
All text and images Copyright© by EES. The names on our Websites and associated logos are proprietary trademarks and service marks of EES.
The Website contains information, software, text, photographs, graphics and other material that are protected by copyright, trademark or other proprietary rights of EES. All content on the Website is copyrighted as a collective work pursuant to applicable copyright law. You are granted a limited nonexclusive license to use the information for your personal and noncommercial use. Otherwise, you may not copy, store in an electronic form, modify, print, transmit, sell or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any materials is expressly prohibited without prior written consent from EES.. You may hyperlink to the Website provided that the link is to the “home” page of the Website.
The Website includes an interactive portion (Forums) that allows users to submit information and materials. Users shall not provide copyrighted or other proprietary information without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnify EES. and the Website for any claim that information or materials submitted by you infringe any third-party intellectual property right or patient privacy rights. You grant EES a nonexclusive license to use, copy, edit, modify, transmit, distribute and to create a derivative work of any information or material submitted by you through the Website, including but not limited to distribution in the Website electronic and or print media or other magazines.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by email: info@RealWorldEndo.com
YOUR CONDUCT
We may adopt and revise policies from time to time governing the conduct of our users, including, without limitation, when they exchange messages or information, participate in chat sites or community forums, which policies are incorporated by reference into this Agreement as noted above. We have the right, but not the obligation, to review, modify, block or delete any postings or messages we consider to be potentially defamatory, obscene, harassing, abusive, threatening or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Website and may decide, at our own discretion, to dismiss you from the website if you are a Free, Pro or COM member (please see refund policy). You agree not to use the Website or information from other users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. If you post information, or other materials on the Website, you agree and represent and warrant that you have all rights under applicable law, including without limitation, copyright, trademark, trade secret, or other intellectual property laws, that permit you to provide this information on the Website and that we and all users have the right to download and use that information, software or other materials. You warrant to EES and its Website that you will not use them for any purpose that is unlawful or prohibited by this Agreement of use in any manner.
REFUND POLICY
The Website will offer you a full refund if you submit a cancel request within the first 30 days of signing and paid membership if you are dissatisfied with our services. Refund requests must be submitted to: Support@zagrebguide.com or you may call us at (866)793-3636. No membership refunds are available, for any reason, beyond 30 days of a paid membership (Com or Pro).
If your Pro or COM membership was canceled by the Website due to misconduct, or reasons deemed appropriate for termination of your membership by a moderator or the administrator, you are entitled to a refund ONLY if this cancellation is within the first 30 days of your membership. Any annual, or semiannual membership cancelled beyond the 30 day period is non-refundable for any remaining portion of time left on the original membership (See Use of Message Boards).
USE OF MESSAGE BOARDS
The websiteincludes many community message boards and participation in this area is restricted to members (Free, Pro, and COM). Considering the real-time nature of the message board(s), EES cannot review messages or confirm the validity of information posted. We do not actively monitor the contents of posted messages, are not responsible for any messages posted, do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of the Administrators or any entity or individual associated with EES. Any user who feels that a posted message is objectionable is encouraged to contact the Administrators immediately by email. The Website Administrators may in its discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular messages may not occur immediately.
You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. Although the Administrators do not and cannot review the messages posted and are not responsible for the content of any of these messages, they reserve the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold the Website harmless with respect to any claim based upon transmission of your message(s). The Website reserves the right to reveal your identity (or whatever information we know about you) in the event of a formal subpoena arising from any message posted by you. We reserve the right to use any messages or information posted by you for any purpose, including but not limited to reproduction in its electronic or printed publications and you grant EES, a nonexclusive license to use, copy, edit, modify, transmit, distribute and to create a derivative work of any such message or information in it’s electronic and printed publications.
If abuse or spam is reported by other members on a post, reply, or other comments on a Free, Pro, or Com member’s comment either in the forums, Classified ads, or comments on content on the Website, the Administrators and moderators have the right to suspend or cancel the member’s membership. This may result in no cancellation without any refunds if membership is beyond the allotted 30 day refund policy (see refund policy).
USE OF CLASSIFIED ADS
The Website includes a community Classified Ad section in the forums. In order to post an ad in this section you will be required to select a user name and password. In order to edit or delete your ad the user must be logged in with the same account information as when the original ad was posted.
Considering the real-time nature and volume of traffic on this website, the administration cannot review ads or confirm the validity of information posted. The administration does not actively monitor the contents of ads posted, is not responsible for any ads posted, does not vouch for or warrant the accuracy, completeness or usefulness of any message or content of ad, and is not responsible for the contents of any ad. Buyer Beware and due diligence is recommended before purchases are made from any classified ad. Any user who feels that any posted ad is objectionable is encouraged to contact the website’s administrator immediately. We may in our discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular ads may not occur immediately.
You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. You remain solely responsible for the transactions of Classified Ads, and you agree to indemnify and hold EES harmless with respect to any claim based upon transactions of goods sold through the Website. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a formal subpoena arising from any fraudulent act committed by you with regard to a classified ad.
LIMITATION OF WARRANTY
INFORMATION SUPPLIED BY OUR WEBSITE IS PROVIDED “AS IS, AS AVAILABLE” AND NEITHER EES NOR ANY OF THE PROFESSIONAL PARTICIPANTS, INCLUDING WITHOUT LIMITATION OUR DOCTORS AND SPONSORS, MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THE WEBSITE OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. YOU HEREBY ALSO AGREE THAT EES, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THIS WEBSITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH EES OR ITS SUBSIDIARIES. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF EES OR ITS SUBSIDIARIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.
EES & THE WEBSITE CANNOT AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING ERRORS, OMISSIONS, DELAYS OR OTHER DEFECTS IN THE INFORMATION SUPPLIED TO OTHERS, OR THAT ITS FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS. THE FOREGOING IS IN ADDITION TO ANY OTHER LIMITATIONS AND DISCLAIMERS SET FORTH ELSEWHERE IN THIS AGREEMENT.
INDEMNIFICATION
IN ADDITION TO ANY OTHER INDEMNIFICATIONS BY YOU SET FORTH ELSEWHERE IN THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EES, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY CLAIM, DEMAND, OR CAUSE OF ACTION, INCLUDING ANY (INCLUDING ATTORNEYS FEES) ARISING OUT OF CLAIMS BASED ON ANY ASPECT OF YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, (I) CLAIMS BASED ON DEFAMATION OR OTHER CONDUCT BY YOU IN USING THE WEBSITE, OR (II) YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY LAWS INCLUDING WITHOUT LIMITATION THOSE RELATING TO COPYRIGHT, TRADEMARKS OR TRADE SECRETS.
TECHNOLOGICAL REQUIREMENTS
Computer Requirements
• The latest version of Java
• The latest version of QuickTime
• The latest version of Adobe Reader
• A computer (MAC or PC) or tablet with speakers or headphones
• Internet Access
Browser Requirements
• Firefox or Chorme for Windows computers (use of Internet Explorer is available but not recommended)
• Firefox, Chrome or Safari for Apple computers
• Broadband Internet connection is required. Examples of broadband Internet connection
MISCELLANEOUS
If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from our Website shall be governed by the laws of the United States of America and the State of Massachusetts. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from EES shall be brought exclusively in the United States District Court, Massachusetts District, Suffolk Division or the Circuit Court for Suffolk County, Massachusetts, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its right to a jury trial with respect to any action brought under or in connection with this Agreement. Any notice to EES shall be given in writing and sent by certified and registered mail to Real World Endo, 607 Boylston Street 2nd Floor Boston, MA 02116 Attn: President, Allen Ali Nasseh, DDS. MMSc.
This Agreement constitutes your entire agreement with our website(s) and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this agreement takes effect on your first use of the Website(s), and that it applies to all persons accessing the Website(s) from your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to use the Website. EES has the right to amend this Agreement at any time without notice to you by making changes to this Agreement as posted. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control.
The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of arose.
You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. A printed version of this agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, EES has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by EES contrary to those set forth above.
HIPAA COMPLIANCE
To comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you agree that you will not submit any information or materials containing Protected Health Information (“PHI”). PHI is information or materials relating to an individual’s medical condition or care and from which an individual can be identified. You further agree to indemnify, defend and hold harmless EES and its affiliates and their respective officers, directors, agents and employees from, for and against any claim, demand or cause of action, including payments of reasonable attorneys’ fees and costs arising out of or related to any violation of HIPAA or failure to comply with the terms of this section. If EES determines that you have distributed PHI on the Website without de-identifying it as required by HIPAA, it will so notify you and may suspend or terminate your right to access the Website.
I HAVE READ THE FORGOING AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
FORUM TERMS
Thank you for creating a forum post on the Website. Please remember that the Website reserves the right to edit, modify or delete a forum post or blog due to content that violates our terms of use. As the blogger, we expect you to post on a regular basis and we may, from time to time remove blogs that are not being maintained in a way that benefits our members. Our administrators and moderators reserve the right to remove any post or blog they do not see fitting the overall philosophy of the Website.
Spam can take on several forms, all of which can result in deletion of your blog. Some examples include creating blogs designed to drive traffic to your site or to move it up in search listings, posting comments on other people’s blogs just to promote your site or product, and copying existing content from other sources for the primary purpose of generating revenue or other personal gains. This can/will result in deletion of your blog.
If you encounter a blog that you believe violates our content policies, please report it to us using the ‘Report Abuse’ link located at the top of each blog and within each post.
We want to thank all of our members for their continued support and contributions to our Website. We appreciate your cooperation in upholding our terms of use and guidelines for blogging.
Administrator/Moderator Team
Effective June 1, 2013
