Terms of Service
These Terms of Service apply to all users (“Users”) who visit and use Fusion Dental Academy’s websites (the “Websites”), as well as to those who enroll for any Fusion Dental Academy course (“Course”). The use of the Websites and the ability to take a Course are sometimes hereinafter collectively referred to as Fusion Dental Academy’s “Services.”
A User’s use of the Websites, and/or enrollment in any Courses constitutes their acceptance of these Terms of Service and Fusion Dental Academy’s Privacy policy, and agreement to be bound by them. If the User does not intend and agree to be bound, they should not use this Websites or enroll in any Courses.
Ownership of Website and Course Materials
Fusion Dental Academy shall be deemed the owner of all Website and Course materials and information. Fusion Dental Academy grants the Users a limited non-exclusive, non-transferable, limited license to access and view the Websites materials and to use the Course materials (collectively the “Licensed Materials”) for their own personal use, in accordance pursuant to these terms of service. Any rebroadcast, retransmission or other use without the express written consent of Fusion Dental Academy is strictly prohibited.
User may not copy, sell, distribute, retransmit, or post for public or commercial purposes, any of the Licensed Materials without the Prior written consent of Fusion Dental Academy. Fusion Dental Academy retains the Copyrights to all of the Licensed materials and User agrees that the user shall use such materials only for their own personal use and professional development.
Participant Consent
User understands and agrees the Courses provided by Fusion Dental Academy may be photographed, and that audio and video recording (collectively “Class Recordings”) and rebroadcast or otherwise used by Fusion Dental Academy for promotional and commercial educational purposes (collectively “Course Rebroadcasts”). Users attending or otherwise actively participating in Courses irrevocably consent to their appearance in such Class Recordings and Course Rebroadcasts, and waive any claims to remuneration arising from or relating to these Class Recordings and Course Rebroadcasts. Users attending or participating in Courses also irrevocably assign to Fusing Academy all rights to any comments, suggestions, or other participatory input from the User that may occur during such Courses, for use in Fusion Dental Academy’s sole discretion.
Course Enrollment & Transfers
A nonrefundable deposit (“Deposit”) equal to fifty percent (50%) of the cost of any Course is due upon enrollment, and the remaining 50% (“Final Payment”) shall be due on or before contractual date. User authorizes the Final Payment to be charged to User’s credit card on file (if any) according to the payment schedule above, unless User provides Fusion Dental Academy with a Timely Cancellation Notice as provided for below.
If an enrolled User notifies Fusion Dental Academy prior to the due date for the Final Payment (“Timely Cancellation Notice”) that the User wishes to cancel User’s enrollment, then User shall forfeit the Deposit but shall not be responsible for making the Final Payment. If a User fails to provide Timely Cancellation Notice, then User shall also be responsible for the Final Payment, regardless of whether or not the User attends the Course. A User’s failure to timely submit the Final Payment for any reason will result in result in: (1) the User’s forfeiture of the Deposit and inability to participate in the Course; and (2) User’s continued liability for making the Final Payment unless the User unless provided Timely Cancellation Notice.
Up to four months prior to a Course, a User may seek to modify their enrollment (“Enrollment Modification”), subject to the written approval of such modification by Fusion Dental Academy. An Enrollment Modification request may request either: (1) a transfer to a different Course (“Course Transfer”); or (2) transfer of the User’s seat in the enrolled Course to another person. Upon Fusion Dental Academy’s Approval of any Enrollment Modification, the User shall be required to pay a $250 administrative fee to Fusion Dental Academy to process the Enrollment Modification. All Course Transfers will be subject to space availability, and an upward adjustment of the price in the event the price of the newly selected Course exceeds that of the original Course.
Fusion Dental Academy reserves the right to cancel or reschedule any Course upon 30 days advance notice to enrolled Users. In such event, all funds paid by User to Fusion Dental Academy shall be refunded in full, or upon agreement of the User, transferred as a credit towards the rescheduled Course or to other Courses.
In the event Fusion Dental Academy is required to cancel a course within 30 days or less of the scheduled Course date as a result of acts beyond its reasonable control (e.g. death of lecturer, fire, flood, or other act of God) Fusion Dental Academy shall refund the Course Fees in full.
In the event of death, illness or other unavailability of a scheduled lecturer, occurring within 30 days of the Course, Fusion Dental Academy reserves the right to substitute another lecturer in its sole discretion.
In no event shall Fusion Dental Academy be liable for any cancellation or change penalties assessed by third parties, or other consequential damages (e.g. airlines or hotel cancellation fees) resulting from the cancellation or rescheduling of any Course.
Recorded Viewing Return and Refund Policy
Payment for audio and video Courses is due in advance before User is given access to the Course Materials. No refunds made on purchases of audio or video purchases.
Force Mejeure
Fusion Dental Academy’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, power failure, equipment failure, industrial or labor dispute, lecturer unavailability and similar events beyond the reasonable control of Fusion Dental Academy.
Force Majeure
Fusion Dental Academy’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, power failure, equipment failure, industrial or labor dispute, lecturer unavailability and similar events beyond the reasonable control of Fusion Dental Academy.
Disclaimer of Warranties
Users use of the Licensed Materials is at User’s own risk and is provided “as is” for informational purposes only without any warranty of any kind, including any warranty of fitness for a particular purpose. Users must use their own professional judgment as to the accuracy of, and appropriateness of using, any information provided in the Licensed Materials. Fusion academy will not be liable for any damages, whether direct, indirect, or consequential arising out of User’s use of the Licenses Materials, which may contain information with technical inaccuracies, typographical errors, or information which due to the passage of time may no longer be correct or state of the art. Fusion Dental Academy reserves the right to make improvements and/or changes to its products and programs described at any time.
Although the Licensed Materials may be prepared by other professionals, users should not rely on materials as a substitute for User’s own professional judgment.
User shall defend, indemnify, and hold harmless Fusion Dental Academy from and against all claims arising from or in any way related to User’s use of the Licensed Materials, or resulting from a violation by User of these Terms of Service. This includes, but is not limited to, any liability, expense, loss, damages, suits, judgments, or litigation costs. Opinions, or viewpoints expressed in the Licensed Materials do not necessarily reflect those of Fusion Dental Academy and were prepared by persons and/or entities other than Fusion Dental Academy.
Governing Law and Dispute Resolution
These Terms of Service and Fusion Dental Academy’s Privacy Policy shall govern all disputes arising from or relating to and Services. If the User has any complaint or dispute relating to the Services, and promptly notifies Fusion Dental Academy thereof, Fusion Dental Academy will work with the User to attempt to find a mutually agreeable resolution. If such a resolution cannot be reached, User and Fusion Dental Academy agree to then mediate the dispute before a mutually agreed to mediator in an attempt to provide a resolution as a prerequisite to initiating any litigation, with the costs of such mediation being born equally between the parties. If the mediation does not resolve the issue, then either the User or Fusion Dental Academy may file suit in the federal or state courts of Placer County California. User and Fusion Dental Academy agree that the laws of California, excluding California’s conflict of laws rules, will apply to any dispute arising from or relating to this Privacy Policy and that all claims arising from or relating to these Terms or Service will be litigated exclusively in the federal or state courts of Placer County, California and consent to personal jurisdiction in those courts. Any failure by Fusion Dental Academy to exercise any rights under, or to enforce any of the terms of, these Term of Service shall not constitute a waiver of such rights or terms.
Contact Information
If you have any questions about these Terms of Service, please feel free to contact us through our website or write to us at:
EMAIL ADDRESS [email protected]
BUSINESS NAME: Fusion Dental Academy
ADDRESS: 920 Reserve Dr., Ste. #160, Roseville, CA 95678