Terms of Service for CME Courses
Effective May 01, 2020
These Terms and Conditions apply to Courses offered by Dermatopathology Consultations LLC, doing business as Dermpedia Courses (“Dermpedia Courses” or “we” or “us”), including courses delivered by us online pursuant to which you learn course materials remotely (“Online Courses”) and courses taught by us in a setting in which you attend in person (“In-Person Courses”).
These Terms and Conditions are in addition to the Terms of Use for the courses.dermpedia.org website (the “Site”) and apply to the sale of any Online Course and/or In-Person Course by us. Individual Courses also may have Course-Specific Terms and Conditions that supplement these Terms and Conditions and the Terms of Use for the Site. If there is any conflict between the Site’s Terms of Use, these Terms and Conditions and any Course-Specific Terms and Conditions which might apply to a specific Course, then the conflict will be resolved by applying the following order of priority: (1) Course-Specific Terms and Conditions, (2) these Terms and Conditions for Courses, and (3) the Terms of Use for the Site.
For Courses purchased via our Site, by registering for the Course and/or clicking on the “Accept” button you agree to these Terms and Conditions for Courses, as well as the Terms of Use for the Site and any Course-Specific Terms and Conditions, all of which are binding on you.
1. Courses. A description of each Course together with the dates on which the Course will begin are available on our Site. We will provide the Course with reasonable care and skill in accordance with the description set out on the Site. We reserve the right to vary or withdraw any Course described on the Site without notice. When you purchase an Online Course, we grant to you a personal, time-limited, non-exclusive, revocable, nontransferable, and non-sublicensable right to access and use the Online Course that you have purchased (and accompanying Course Materials) for the sole purpose of completing the Online Course. After purchasing an Online Course, you must complete the Course by the Course end date (if any) specified in the Course-Specific Terms and Conditions. Unless otherwise specified in the Course-Specific Terms and Conditions, your registration for and enrollment in any Course that you purchase will expire three months following the date of your purchase, whether or not you have completed the Course by that date. At the completion of the Course, you will receive a certificate evidencing your participation in and completion of the Course. You have sole responsibility to determine whether the Courses you are purchasing will meet your needs.
2. Ordering Courses. To purchase any Course, you must register for an account with us via the Site. If you already have an account with us, you can log into your account using your username and password. When you place an order for a Course via the Site, you are offering to purchase the Course on these Terms and Conditions. We reserve the right to cancel or decline your order or any part of your order at any time until it has been confirmed by us. Following our receipt of your order for a Course, we will contact you confirming receipt of your order. A legally binding agreement between us and you will come into existence only when we have accepted your order to purchase a Course by sending you an email confirming the purchase, and received payment of the relevant fees from you in accordance with Section 4 below. Where your order consists of multiple Courses, each individual Course will be treated by us as a separate offer to purchase. Acceptance of your order to purchase one or more courses will not be acceptance by us of your order to purchase any other Courses which make up your order.
3. Cancellation. Once we have accepted your order for an Online Course, the transaction is final and you may not subsequently cancel your order (whether or not you have already accessed or downloaded all or part of the Online Course and/or started to use that Online Course). In the case of In-Person Courses, you may cancel your order at least thirty days prior to the start of the Course, in which case we will refund you any amounts paid minus a processing fee reasonably set by us (which is currently $75.00). If you cancel your order for an In-Person Course less than thirty but more than seven days prior to the start of the Course, you will not be entitled to any refund but we will grant you a credit for one-half of the amount you paid for the cancelled Course which you may apply toward the cost of any other Course ordered by you within eighteen months subsequent to the date of your cancellation. There is no other right to cancel or reschedule any Courses you have purchased, and any other cancellation and/or alteration will be at our sole discretion. We reserve the right to cancel or postpone a Course for any reason, and if we do so we will notify you via email. We will make every effort to avoid cancellations and postponements. If we postpone a Course, you will have the choice of participating in the Course at the rescheduled time or receiving a credit for the amount you paid for the postponed Course which you may apply toward the cost of any other Course ordered by you within eighteen months subsequent to the date of the originally scheduled Course. If we cancel a Course, you will have the choice of registering for another Course or receiving a refund for the full Course fee.
4. Fees. The fees for Courses will be as set out on the Site at the time you placed an order for them. The stated fee covers the Course registration and participation, and all Course Materials. Unless otherwise specified at the time you purchase a Course, the fees are exclusive of local taxes and delivery costs for Course Materials (if you choose a non-standard delivery method). Each of these costs will be set out on the Site prior to your purchase of the Course. Fees for the Courses ordered by you on the Site will be charged to your credit or debit card at the time of purchase. Fees must be paid in full prior to you attending any In-Person Course or accessing any Online Course. You will be responsible for all costs you incur in connection with your attendance at any In-Person Course or your access of any Online Course.
5. Online Course Availability. Our Online Courses are generally available 24x7, but may be down during times of maintenance required for optimum system performance. We will make every effort to inform you of system downtime in advance, but this is not always possible. Any videos in an Online Course are provided as a video stream and are not downloadable. We reserve the right to upgrade, modify, change or enhance the content of any Online Course at any time. We may convert you to a new version of an Online Course at any time in our sole discretion on reasonable notice to you (unless the change is outside of our control, in which case we will explain the reason for the change as soon as is reasonably practicable). We cannot provide support for computers that do not meet our system requirements.
6. Course Materials. We may provide to you (in hard copy or electronic form) certain information or other materials to accompany a Course (“Course Materials”). All Course Materials are copyrighted proprietary property of Dermpedia Courses or our licensors. Couse Materials are “Content” within the meaning of the Terms of Use for the Site. You may use the Course Materials only for your own personal, non-commercial use in connection with a Course that you purchased. Unless we give you prior written permission, you may not (i) copy, modify, reproduce, publish, sell, post, transmit or distribute any of the Course Materials without our prior written permission; (ii) use the Course Materials in the provision of any other course or training (whether given by us or any third party trainer); or (iii) remove any copyright or other notice of Dermpedia Courses on the Course Materials.
7. Use of Likeness. We may from time to time record Online Courses or In-Person Courses for later or other use. You grant us and our affiliates and assigns the right and permission to take photographs or videos of you, make recordings of your voice, and obtain copies or transcripts of your spoken or written words (including statements, questions, answers, submissions and/or presentations) during any Online Course that you access or any In-Person course that you attend (collectively, “Appearance”) and to use the same (and other aspects of your likeness) in perpetuity in any manner and in any media, now known or later developed, throughout the world, at any time, without review, permission or compensation of any amount or kind. We will have complete ownership of any recording, product, copy, presentation or other material containing or featuring your Appearance (collectively, a “Recording”), including copyright interests, and you acknowledge you have no interest or ownership in any Recording (or any portion thereof) or its copyright. This grant includes our right to edit, abridge, augment, title, or create a compilation from your Appearance in whole or part as we may elect in our sole discretion.
8. Liability. Although we aim to provide Courses to high standards of the industry, we make no representation or warranty that you will successfully complete any Course or attain any particular level of knowledge or qualification through any Course, and neither we nor our faculty or presenters accept or will have any liability for any inaccurate or misleading information provided in any Course (including any Course Materials). All provisions in the Terms of Use for the Site with respect to Disclaimer, Limitation of Liability, Choice of Law, Arbitration Clause and Class Action Waiver apply with respect to Courses and Course Materials, and are incorporated in these Terms and Conditions by reference.
9. CME Credit. We plan and implement our Courses so that they can be eligible for continuing medical education (“CME”) credit (generally AMA PRA Category 1 Credit Designation). We arrange for CME credit for our Courses to be designated and awarded by an organization (the “CME Provider”) that is accredited by the Accreditation Council for Continuing Medical Education (ACCME). The description for each Course specifies the number of CME credits that the CME Provider designates for such Course. The award of CME credit is subject to the rules of the CME Provider. You should claim only the credit commensurate with the extent of your participation in the Course.
10. Proprietary Rights. All Courses, Course Materials and other related content are owned by us or our licensors, including all copyright, trademark, patent, trade secret and other intellectual property rights, and you may not use them in any manner that infringes the copyrights or proprietary interests therein. You may not record or relay any video, still images or audio of any Online Course or In-Person Course without our prior written consent. Also, although we seek to support education with respect to dermatology and dermatopathology, due to copyright and other intellectual property restrictions you may not show, exhibit or display (either visually or aurally) any Online Course or any Course Materials for use by others (including in a classroom or other educational setting) without our prior written permission.
11. Termination. We may terminate your participation in and disenroll you from any Course if you: (i) fail to pay when due any applicable fees; (ii) act in an aggressive, bullying, offensive, threatening or harassing manner towards any of our agents or faculty or presenters, or any student who attends or participates in any Course; (iii) cheat or plagiarize any work that you prepare or submit in connection with any Course; (iv) are intoxicated through alcohol or illegal drugs while attending or participating in any Course; or (v) violate these Terms and Conditions for Courses, or the Terms of Use for the Site, or other policies or terms posted on the Site or in connection with the Course, or any applicable law. If we terminate your participation in or disenroll you from any Course in such circumstances, you will not be entitled to any refund.
12. Assignment. Your registration for and/or enrollment in any Course is personal to you and cannot be transferred or assigned to any other person.
13. Force Majeure. We will not be liable to you for any breach of our obligations or termination under these Terms and Conditions arising from causes beyond our reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes or disruptions, unavailability of faculty or presenters, Government edict or regulation.
14. Terms of Use. All Courses and your registration for or enrollment or participation in any Course is subject to all of the Terms of Use for the Site, except to the extent modified by these Terms and Conditions for Courses or any Course-Specific Terms and Conditions. We may change or supplement these Terms and Conditions for Courses to the same extent that we can change or modify the Terms of Use for the Site.