Christina Blacher Consulting, LLC (CBC) and/or its affiliates and subsidiaries (“Christina Blacher Consulting”, “we” or “us”) is pleased to provide you the user (“you”, “your”, or “user”) certain content, videos, training materials, products, services and/or other materials, made available via the website located at www.drchristinablacher.com and through its related services (collectively, such services, including any new features and applications, and the Site, the “Services”), which may be branded Christina Blacher Consulting, or another brand owned.
Please read these terms and any specific and/or supplemental terms and conditions carefully before using the Services.
Our goal is to: (i) deliver in-person and online clear aligner training courses to dental health professionals (including, without limitations, for clear aligners); (ii) offer an online platform for the marketing and delivery of educational content; and (iii) perform various services related to education and content production with respect to clear aligners, including training courses, private consultation sessions, seminars and/or workshops; to general dentists and to their practice teams (including, without limitations, dental hygienists and other practice employees).
2. Intellectual property
2.1 Ownership of Intellectual Property
2.2 Third Party Material
Under no circumstances will Christina Blacher Consulting be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Christina Blacher Consulting does not pre-screen content, but that Christina Blacher Consulting and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Christina Blacher Consulting and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Christina Blacher Consulting in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
2.3 Consent to use your User Content Transmitted through the Service
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity such as your name, image, likeness contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Christina Blacher Consulting and its affiliated companies and partners (including but not limited to Christina Blacher Consulting instructors, practitioners and other third parties through the Services, collectively “Affiliates”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
2.4 Health and Medical Disclaimer
Christina Blacher Consulting does not provide medical advice. Christina Blacher Consulting only provides general information regarding health, dental, family, and cosmetic dentistry through its Service. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any medical exercises or patient practices and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or health, wellness, and exercises. You agree that Christina Blacher Consulting will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, dental, and/or Service content.
2.5 Copyright Notice Procedures
Christina Blacher Consulting respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing.
Under the Digital Millennium Copyright Act of 1998 (the ‘DMCA”), if you believe in good faith your content or work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our support team:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail 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; and
- 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.
Our Copyright Agent for Notice of claims of copyright infringement can be reached as follows firstname.lastname@example.org Notices and counter-notices should be sent to Christina Blacher Consulting by emailing email@example.com There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, repeat infringers’ access rights to the Site.
3. Access and Use of the Service
3.1 Site Use
3.2 Intended Audience
The Services are intended for adults only. This website is not intended for any children under the age of 13.
3.3 Your Registration Obligations
3.4 Member Account, Password and Security
You may never use another’s account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Services. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Christina Blacher Consulting of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Christina Blacher Consulting will not be liable for any loss or damage arising from your failure to comply with this Section.
3.5 Fees, Return and Refunds Policies:
All sales are final and refunds are only allowed in limited circumstances. We may impose conditions on your use of any coupon, promotional code, credit, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards, or vouchers that belong to you or to people who expressly authorize you to such payment methods.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the website.
You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.
4. Conditions of Use
4.1 User Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish or display or email or otherwise use via the Service. Christina Blacher Consulting reserves the right to investigate and take appropriate legal action against anyone who, in Christina Blacher Consulting’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Christina Blacher Consulting is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Christina Blacher Consulting or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
4.2 Commercial Use
Unless otherwise expressly authorized herein or by Christina Blacher Consulting in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is solely for your non-commercial, personal, informational use.
4.3 Account suspension and/or termination procedure in the event of misconduct:
Christina Blacher Consulting can remove or restrict access to content that is in violation of the applicable laws. We can also suspend or disable your account for conduct that violates these provisions. If we remove content that you have shared in violation of this Agreement or other applicable terms and policies, we’ll provide notice and allow for opportunities to redress unless the violations repeatedly occur.
Any use of the Site or the Applications by the User of which the direct or indirect consequence is to cause a prejudice to Christina Blacher Consulting is subject to compensation to Christina Blacher Consulting
The User who wants to register for a course, a conference, a seminar, a private consultation session (online or in person), to the Christina Blacher Consulting newsletter or to any other aspect of the Site or the Applications must provide accurate information where he is concerned and can create only one account.
The User who is a dentist or another professional shall not publish, on the Site or an Application, any content (text, picture, video) which could permit the identification of one of its patients or which would constitute a violation of the professional secrecy to which he is bound, or else, the User will be liable for the consequences and will indemnify Christina Blacher Consulting for any prejudice it would suffer in case of a violation of the User’s obligation provided in this paragraph. Christina Blacher Consulting may, at its entire discretion, immediately modify or delete any such content.
5. Responsibility of Christina Blacher Consulting
Christina Blacher Consulting does not guarantee uninterrupted access to the Site, the Applications or the contents of the links offered on the Site or the Applications.
Any malfunction of the server or network cannot entail the liability of Christina Blacher Consulting
Christina Blacher Consulting is not in any way liable for the eventual transmission of a computer virus in any manner whatsoever. The exploration of the Site or the Applications or the downloading of images from the Site or the Applications are entirely at the User’s risks.
The liability of Christina Blacher Consulting cannot be entailed in case of force majeure, acts of god or any unforeseeable or insurmountable event.
The User releases Christina Blacher Consulting of any responsibility which may arise from the use of inaccurate information provided on the Site or the Applications.
Christina Blacher Consulting undertakes to implement all necessary means to guarantee the security or confidentiality of data contained in the Site or the Applications. However, Christina Blacher Consulting does not guarantee a total security.
Christina Blacher Consulting does not guarantee the reliability of its sources, even though the information communicated on the Site or the Applications is deemed reliable.
The opinions and comments published by Users on the Site or the Applications reflect solely the opinions of their authors, and Christina Blacher Consulting cannot be held liable for them.
6. Disclaimer of Warranties
6.1 No Warranty
7. Indemnity and Release
You agree to indemnify, defend, and hold Christina Blacher Consulting and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
8. Limitation of Liability
8.1 Limitations of Liability
Under no circumstances will Christina Blacher Consulting be liable or responsible for any direct, indirect, incidental, consequential damages, under any legal theory, arising out of or in any way relating to the Site, your Site use, or the content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or the content is to cease all of your site use.
8.2 Assumed Risk
9.1 Governing Law
9.2 Entire Agreement
9.3 Supplemental Terms
10. Contents Property and Sponsorships
10.1 Content Property/Sponsorship
Christina Blacher Consulting devotes all its efforts to retain the services of high-quality and recognized educators in our field of activities. Our organization presents original, objective and high-quality educational contents to its clientele.
All such contents are the exclusive property of Christina Blacher Consulting and have been developed independently and in accordance with the state of the art.
Christina Blacher Consulting is not sponsored by any company.
Align®, the Align® logo, Invisalign®, the Invisalign® logo, iTero®, the iTero® logo and Vivera®, ClinCheck® and ClinCheck Pro®, among others, are trademarks and/or service marks of Align Technology, Inc. or one of its subsidiaries or affiliated companies and may be registered in the U.S. and/or other countries.
11. Contact Us
We reserve all rights not expressly granted to you.