Terms and Conditions

Last updated: November 06, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: United States

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Dental Education with Inspiration LLC.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Goods refer to the items offered for sale on the Service.

Orders mean a request by You to purchase Goods from Us.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Dental Education with Inspiration, accessible from https://learnwithdewi.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions. 

You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at webmaster@sagemg.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at webmaster@sagemg.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  •   By mail: 5238 Harvest Way, Fort Collins, CO 80528

 

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.