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This legal document is an agreement between you, the user (“User”), and Pacific Implant Academy (“PIA”). By clicking the “I Agree” button, you are agreeing to become bound by the terms of this agreement, which includes the disclaimer of warranty. This agreement constitutes the complete agreement between you and Pacific Implant Academy. If you do not agree to the terms of this agreement, click on the “I do not agree” button.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
THE VIDEOS ARE PROVIDED “AS IS” WITHOUT WARRANT OF ANY KIND. FURTHER, PACIFIC IMPLANT ACADEMY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF THE USE OF THE VIDEO MATERIAL IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, SUITABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS OF THE USE OF VIDEO IS ASSUMED BY YOU. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. NEITHER PACIFIC IMPLANT ACADEMY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF THE VIDEOS.
PIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FINTNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT THE APPLICABLE JUSRISDICTION LIMITS THE PIA’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFECTIVE TO THE MAXIMUM EXTENT PERMITED.
UNDER NO CIRCUMSTANCES SHALL PIA, ITS DIRECTORS, OFFICERS, EMPLOYEE OR AGENTS BE LIABILE TO USER OR ANY OTHER PARTY FOR INDRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE VIDEOS OR OTHER PRODUCTS OR DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF PIA OR ANY OTHER PARTY, EVEN IF PIA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER ANY LEGAL CLAIM, PIA’S LIABILITY IS LIMITED TO THE SALES PRICE OF THE MATERIAL.
1. Grant of license. In consideration of payment of the purchase price, PIA grants to User a nonexclusive right to view specific videos purchased.
2. Ownership of Videos. User is not purchasing the video but only the right to view certain videos online.
3. Copy Restrictions. User shall not download or record the video material, not even for personal use. The videos should be solely accessed online. No recording of the play back screen is allowed.
4. Use Restrictions. The videos are solely for the view by original purchaser and not for any other persons. The concepts and images in the video shall not be copied or reproduced by User.
5. Transfer Restrictions. The right to view the video being purchased is exclusive and personal to the original purchaser and cannot be transferred to another party or person.
6. Termination. Any violation of the terms of this agreement by User shall terminate this agreement and the license to view the video without refund to the User.
7. The access to the videos purchased shall terminate after one year from the purchase date.
8. Venue. All legal dispute under this agreement shall be brought in Orange County California.
9. Choice of Law. California law and local rules of Orange County California shall be the governing law of this agreement and any subsequent dispute arising from this agreement or the underlying purchase.
10. Each User has different level of skills and experiences and the viewing of the online material alone does not warrant that the User will perform the procedures correctly in many different situations. Thus, the videos alone are not adequate for any User to learn the procedures. User acknowledges and agrees that in order to attain the skill level needed to perform these procedures on actual patients, additional training such as live instructions and hand on experiences over long durations that are customized to address the particular User’s needs and level of experience are absolutely necessary.
11. The videos are only examples of how certain procedures are to be done and the videos are not tools for learning how the procedures are to be done. The videos are not intended to replace full hand on learning experience. PIA is not responsible for any claim from actual patient and PIA’s liability is limited to the sales price of the material.
12. User shall indemnify PIA against legal action from third parties such as the User’s patient due to the User’s negligence.
13. Refund. No refund shall be allowed once the video is viewed by User.
14. Technical glitch. Any technical glitch which may prevent User from accessing videos shall be reported to PIA. PIA shall make reasonable effort to correct any technical issues. Such short-term unavailability of the videos shall not create any liability on the part of PIA or any right to refund on the part of User.
15. Even though PIA makes reasonable efforts to provide current information, the technology and procedures changes rapidly and frequently. PIA does not warrant or represent that the videos are sufficient in dealing with the User’s particular needs. User agrees that the contents of the videos should not be relied upon as a substitute for independent research, perfecting the skills through supervised hand on experience and exercise of basic skills required of a Dentist.
16. In the event that any provision of this agreement should be held to be void, voidable, or unenforceable, the remaining provisions hereof shall nevertheless remain in full force and effect.
