Learn to Run Your Dental Practice as a Profitable Business

Dental Practice Breakthrough Client Contract

Terms and Conditions of Service

Confidentiality and Non-Disparagement Policy

Dental Practice Breakthrough (the “Program”) is a proprietary service offered by Dental Education with Inspiration, LLC (“DEWI”) to a limited audience of selected participants. Thus, all Program Information is highly confidential and not for dissemination to anyone who is not authorized to receive such confidential information about the Program by the written consent of DEWI.

Confidential information includes, but is not limited to: Program details; curriculum; pricing and Program fee; member selection process; communications to and from DEWI; content of telephone phone calls, video chats, pod casts, webinars, seminars, and group discussions; the content of the Facebook group; and any content produced by or provided by DEWI; DEWI know-how; login credentials to access any Program information or DEWI website or content; information shared in the course of the Program or in the Facebook group by Program participants with other Program participants; anything offered by a Program participant to other participants that is intended to remain private.

Only authorized users, who have duly obtained the right to access the Program by personally agreeing to the terms in this Agreement and paying for all Program fees are permitted to participated in the Program and access Program-related materials.

Except as expressly authorized by this Agreement, you shall not provide or make available any Confidential Information revealed in any portion of the Program for any purpose other than exercising rights expressly granted to you by this Agreement.

Social Media Licensing

Your use of any social media channels or groups operated by DEWI is at the sole discretion of DEWI. If you chose to use any of these channels or groups, the terms of this Agreement applies, as do the terms of the relevant social media service provider and you agree to comply with these terms. You may not solicit, harass, or collect data from group members without their express permission. You may not use information obtained from these channels or groups for any purpose other than the limited purpose of discussing the skills and strategies conveyed in the Program. You agree to follow any rules disseminated by DEWI for the social medial channels or groups. Participation in these groups is not included in the programs fees and is a complimentary addition to being a client/customer of DEWI. Should your participation in these group(s) breach group(s) rules, in DEWI’s sole discretion, you may be removed immediately. This includes being disrespectful, negative, or challenging towards any employees, agents, members, or independent contractors working for DEWI as well as other group members.

Online Reviews

Feedback is important to us and the Program. However, in order to be valuable to others, you hereby agree not to disparage any participant in the Program or any member of DEWI in digital form, written form, verbally, or otherwise. For purposes of this paragraph, a disparaging statement or representation is any communication which, if publicized to another, would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates and should be so construed broadly. While you may leave reviews on various online websites, you agree to present only truthful and accurate information, including by associating your real name with any such review. If you are unsatisfied with any portion of the Program, prior to leaving a review, you must reach out to our team to discuss your experience. If you chose to continue with the Program without addressing your issues and/or grievances with us, you do so at your own risk and you must disclose this fact in any review of the Program. You agree that failure to fully disclose this information in any review is grounds for the review to be removed and you hereby agree to take all necessary steps to either truthfully edit or remove such review deemed by DEWI, in its sole discretion, not to comply with this provision or any other term in this Agreement.

Intellectual Property

You acknowledge that all content and materials provided to you during the course of the Program are the sole intellectual property of DEWI or its licensors under United States copyright, trademark, and other intellectual property laws and international treaties. DEWI and its third-party licensors own and shall continue to own all right, title, and interest in and to the intellectual property used in connection with the Program. Except for the limited, revocable license expressly granted to you to access the materials provided during the Program herein, this Agreement does not grant you any ownership or other right or interest in or to any intellectual property rights of DEWI or its licensors whether by implication, estoppel, or otherwise. All trademarks or service marks that DEWI uses in connection with services rendered are marks owned by DEWI or its licensors. This Agreement does not grant you any right, license, or interest in such marks. You agree you will not assert any right, license, or interest in such marks or any words or designs that are confusingly and/or substantially similar to such marks. While you retain possession of some content provided to you through participation in the Program, you may only continue to use that for your own sole and exclusive personal reference. You may not use, copy, share, distribute, publish, or create derivative works of any content or materials provided to you during the Program or review, teach or re-teach the material without the express written consent of DEWI. This includes, but is not limited to, posting content or materials on social media, sharing content with anyone who is not a Program participant, or otherwise using the content outside of the Program, including in an alumni or support group that is not part of an authorized Continuation Support program offered by DEWI.

Refunds

DEWI maintains a strict no-refund policy. Our materials are digital content that cannot be returned, coaching services that cannot be withdrawn or physical products that, once received are unable to be resold. You acknowledge and understand that your participation and membership in this Program means you are affirmatively seeking the benefits offered by the Program and you are taking full responsibility for your own success. You acknowledge your success depends upon your good-faith participation and application of the tools provided in the Program. Thus, you agree that you will not request a refund and no refunds need be issued for any reason other than as set forth herein or as determined in DEWI‘s sole discretion.

Breach

If you breach any term of this Agreement, you will not be entitled to a refund under any circumstances and your membership and participation in the Program, including access and license to Program materials, will end immediately without further notice. You acknowledge that your breach of this Agreement at any time, before, during or after your participation in the program, may cause damages to DEWI, its team members, and/or other Program participants, and you will be held liable for these damages, including any costs or fees (including reasonable attorney’s fees and court costs) incurred in should DEWI need to initiate legal proceedings to enforce this Agreement.

No Warranty

DEWI provides the Program without any warranty of any kind, and DEWI does not guarantee any particular result(s) from your participation in the Program. You take full responsibility for your own action, inaction, and success. There is no warranty of fitness for a particular purpose, merchantability, non-infringement, or any other warranty express or implied. Further, you acknowledge that everyone’s success is different, and dependent on individual factors such as your own drive, dedication, and motivation. DEWI is in no way responsible from what you gain, or do not gain, as to knowledge, no-how, or procedure and how you apply the same in your future career or otherwise and disclaims any and all liability for how you use the information gained in this Program as well as any guarantees of success, professional development, or business strategy. This Agreement and the Program in no way constitutes any legal, business, accounting, financial, and/or tax advice and, should you have questions on the same, you contact an applicable professional.

Good Faith and Conflict Resolution

DEWI is founded on education, increasing knowledge, personal empowerment, and encouraging practice business understanding and growth. Everyone at DEWI is here to support your practice and personal growth. We want the best for you and are ‘on your side.’ Given that, we adhere to an “assume positive intent” approach. Should you have an issue with anything or anyone during your time with us, we ask you give us the benefit of the doubt and know that no one is perfect. We always do our best to provide a flawless customer experience and give 100% in service to you. You agree to reach out to us at any point during the Program if you are feeling unsatisfied by any part of the Program so that we may work to address any issues in a timely fashion. Failure to do this constitutes a breach of this Agreement. Please address concerns or any issues you may have with the Program in the appropriate channels, which include an email to our client care/admin specialist who will triage your concerns and make sure you are heard. Please do not address such issues during our group Q and A sessions. It is our goal to serve you the best we can and welcome your concerns or feedback. Accessing our content is your agreement to these policies, terms and conditions.

Mandatory Mediation and Arbitration

For any Claim associated with a breach of this Agreement, either based upon statute or at common law, such dispute shall be first mediated by a mediator in the County of Larimer, Colorado. In the event a mediator is not agreed to by both Parties, DEWI will select, and rank, three (3) mediation groups/mediators and you will choose from the DEWI’s rankings. Mediation shall be a condition precedent to any lawsuit or arbitration in law or equity involving this Agreement or the Program. The Party requesting Mediation shall deliver a written “Notice of Mediation” to the other Party detailing the factual background and basis for the Mediation along with any potential claim(s) the Party may have against the other Party. If no response is received within fourteen (14) days after the Party not requesting Mediation has received the “Notice of Mediation” via certified mail return receipt requested and postage prepaid, the Party requesting Mediation may treat this section as “waived” and proceed to filing an arbitration as detailed below. DEWI may recover attorney fees and costs associated in drafting the “Notice of Mediation” and scheduling such Mediation if you “waive” this section.

After the above procedure has been followed, arbitration proceedings shall be initiated by submitting a written arbitration demand setting forth the Claim to the Opposing Party. The Parties shall then jointly submit the matter to an arbiter, who will set the matter for a hearing. If one Party refuses to participate in the initiation of arbitration, the other Party may compel such participation by filing a lawsuit in court to compel arbitration. Notwithstanding any other provision of this Agreement to the contrary, the filing party may recover their or his reasonable costs and attorney’s fees associated with compelling arbitration.

The Parties shall select the arbiter jointly. If the parties are unable to agree upon the selection of an arbiter, then they shall request a strike list of five (5) arbitrators from the Judicial Arbiter Group, Inc. in Denver, Colorado (“JAG”), and each party may strike up to Two (2) arbitrators.

The Parties shall split the arbitration fees equally. The arbiter shall award the prevailing Party its or his arbitration costs and attorney fees.