SUPERVISION TERMS OF SERVICE POLICY
By accessing the website at https://supervision180.com or https://register.supervision180.com, (“Supervision”) you are agreeing to be bound by these terms and conditions of Use (“Terms”), all applicable laws and regulations, the attached Participant Agreement (“Agreement”) for Supervision’s cosmetic and aesthetic educational services (“Services”) and agree that you are responsible for compliance with any applicable local laws. If you do not agree with the Agreement or any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. Supervision reserves the right to update or make changes to the Agreement or Terms from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site or in connection with the Services. You can determine when this Agreement was last revised by the date at the top of this Agreement. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to (1) modify or discontinue the Site or Services with or without notice (2) charge fees in connection with the use of the Site or Services (3) modify or change any fees charged in connection with the Site or Services. You agree that we shall not be liable to you or to any third party for any modification, change or discontinuance of the Site or of any Service, content, feature or product. Your continued access to or use of the Site or Services after such changes will indicate your acceptance of such changes.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERVISION, ITS TRAINERS, VENDORS AND CUSTOMERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SUPERVISION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. SUPERVISION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ONECONNECT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SUPERVISION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER SUPERVISION, OR ANY OF ITS VENDORS, CUSTOMERS, TRAINERS NOR CONTRACTORS SHALL BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES. USER HEREBY RELEASES SUPERVISION, AND ITS VENDORS, CUSTOMERS, TRAINERS AND SUPERVISION’S SERVICE PROVIDER FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. NEITHER SUPERVSION, NOR ITS VENDORS, CUSTOMERS, TRAINERS OR CONTRACTORS SHALL BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF ANY EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
IN NO EVENT SHALL SUPERVISION, ITS VENDORS, CUSTOMERS, TRAINERS OR CONTRACTORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SUPERVISION’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SUPERVISION’S SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONECONNECT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THE MAXIMUM LIABILITY OF SUPERVISION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SUPERVISION TO ACCESS AND USE THE SITE OR SERVICES DURING THE TWELVE MONTH PERIOD PRIOR TO THE TIME YOUR CLAIM ARISES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SUPERVISION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
In no event shall Supervision or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Supervision’s website, even if Supervision or a Supervision authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Supervision hereby grants you permission to use the Site as set forth in these Terms provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Supervision’s prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms. You understand and agree that access to the internet, quality and speed can vary depending on factors such as number of users online, limitations from the ISP (Internet Service Provider) or any other factor that may now or at any time deteriorate and or speed and quality of service and this variation does not justify nor approve a refund of any payment(s) made.
The materials appearing on Supervision’s website could include technical, typographical, or photographic errors. Supervision does not warrant that any of the materials on its website are accurate, complete or current. Supervision may make changes to the materials contained on its website at any time without notice. However, Supervision does not make any commitment to update the materials.
The Site may contain advertising and sponsorship by third-parties. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. Supervision will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
In order to access some features of the Site or use the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Supervision immediately of any breach of security or unauthorized use of your account. Although Supervision will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Supervision or others due to such unauthorized use.
The content on the Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Supervision, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Supervision reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Supervision Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
The Site may now or in the future permit the submission of orders, ideas, suggestions, contest or sweepstakes entries, the use of internet chat rooms, blogs, comments or other communications submitted by you and other users (“User Submissions”) and you grant Supervision the right to use any information contained in such submission for its commercial purposes. Any such User Submissions are not confidential, and Supervision shall be entitled to reproduce, use, distribute or otherwise use and disclose any submissions made to it for any purpose, without compensation.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Supervision all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Supervision or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements, promotional materials, junk mail, chain letters or any other mass email or or solicitations of business: (v) impersonate another person or falsely state or otherwise misrepresent an affiliation with any person or entity. You further agree not to: (i) share usernames, passwords or other access credentials that allow access to personal information or protected areas of the Supervision Site; (ii) engage in or facilitate spamming; (iii) omit, delete, forge or otherwise misrepresent accurate transmission information, including headers, return mailing or internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content or person; or (iv) post, transmit or disclose any information that contains personally identifying information of a minor child.
Supervision does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Supervision expressly disclaims any and all liability in connection with User Submissions. Supervision does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Supervision will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Supervision reserves the right to remove Content and User Submissions without prior notice. Supervision will also terminate a User’s access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Site more than once. Supervision also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Supervision may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, 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): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Supervision’s designated Copyright Agent to receive notifications of claimed infringement is: firstname.lastname@example.org For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service through http://www.supervision180.com, or https://www.supervision180.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
You understand that when using the Supervision Site, you will be exposed to User Submissions from a variety of sources, and that Supervision is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Supervision with respect thereto, and agree to indemnify and hold Supervision, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
These terms and conditions are governed by and construed in accordance with the laws of the State of California and you irrevocably submit to the exclusive jurisdiction of the courts in Los Angeles County in that State or location.
When accessing or using certain parts of the Site and/or Services you may be asked to agree that you are subject to any additional terms and conditions posted by us on the Site or otherwise made available to you for the Services that are applicable to such parts of the Site and/or Services (“Additional Terms”). Additional Terms may also include terms posted on the Site and/or Services, including (1) portions of forms that specify qualifications or other requirements applicable to you as a Participant; (2) rules, regulations, guides, policies and other documents posted on the Site and/or Services relating to proper Participant participation of various specific Services; and (3) the Site or Service that describe the Services, fees, use periods, free trial periods or other specific terms that will apply to certain Service.
Additional user qualifications may apply to specific Services, including for Participants (both online and in person training Services). There may be more than one type of Participant and each category may have unique requirements or qualifications. If a Participant uses any Services or registers or applies for a type of Participant that requires that such Member have certain specified qualifications and/or professional licenses, by applying for and/or using any such Services the Participant represents that it possesses the requirement, qualification or professional license(s). Such Participant agrees to indemnify and hold harmless Supervision against any loss or damage that it may incur as a result of the failure of such representation or warranty to be true.
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Supervision180.com, located at 1311 Hermosa Avenue, Suite 200, Hermosa Beach, California 90254 is the provider of the electronic commercial service on the Site. Site users or Participants are notified in advance regarding any applicable fees or charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 1625 N Market Blvd, Unit N, Sacramento, CA 95834 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact Supervision180.com to resolve a complaint regarding any aspect of service relating to the Site by writing to the above address, or contact us at email@example.com.
The information and content provided to users of this Site or provided to Participants under the Participant Agreement below is only intended to provide educational services to users and Participants, and not medical or legal services or advice. While the educational materials subject matter concerns medical and health issues, such materials shall not constitute medical advice. Supervision does not offer professional medical services, but rather offers educational services in general. A user of the Site shall not use any materials on the Site or offered in the Classes or Services as an alternative to professional medical or legal advice based on the unique characteristics and situation of any potential patient. A user of the Site shall not act or refrain from acting on the basis of any materials available from Supervision on this Site or in any Classes, or through any Services and shall be responsible for seeking independent counsel and advice from a medical or legal professional competent in the subject matter in the jurisdiction for which independent counsel and advice is sought.
Except for the payment of fees to Supervision180.com, neither of the parties to these Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
SUPERVISION PARTICIPANT AGREEMENT
1. Educational Content: The Site and Services provide Participants with access to certain content and services related to continuing medical education courses, seminars and related educational programs and classes (“Classes”), which may include, without limitation: (a) live, in-person Classes or online streaming media (e.g., webcasts and podcasts); (b) downloadable audio and video Classes; (c) downloadable and printed materials; (d) blogs (such Classes and materials are part of the “Services”). Such Services are developed and provided by Supervision and also provided by third party independent contractors (“Trainers”). Trainers are not employees or agents of Supervision but are independent contractors of Supervision and who are evaluated to become eligible as Trainers. Supervision reserves the right to change such relationship and/or to have different relationships and substitute different Trainers as Supervision may determine in its sole discretion, all without giving notice to Participants. Supervision retains the right to change, modify, substitute or cancel any Class, Trainer, facility or venue at any time, for any reason.
2. Trainers: While Supervision tries to maintain the quality of our Trainers and the Classes that are made available via the Site and Services, Supervision does not direct or control the activities of the Trainers on the Site and/or Services and Supervision disclaims any and all responsibility and liability for the actions and activities of Trainers and the content and services provided by them via the Site and the Services. Under no circumstances will Supervision be liable for any loss or damage caused by your reliance on any Trainer, Class or related information or materials provided by Trainers that is not provided through the Site or the Services. The opinions expressed by Trainers reflect solely the opinions of the individuals who submit or express such opinions and may not reflect the opinions of Supervision.
3. CME Credits and Certificates: Supervision will not issue any physical certification for Class completion except for a certificate that will be displayed on a Participant’s account profile page within the Site and Service. The certificate states that the Participant has successfully completed a particular Class and carries no other certification or accreditation or other endorsement of any third-party organization. Supervision may facilitate the delivery to Participants of such certifications via the Site and Services. Supervision is not responsible for ensuring the validity of any any continuing education or certification credits, issuing notification of credits or certification; ensuring the sufficiency of credits for license renewal, maintenance of certification, or ensuring the accuracy or completeness of personal certification. Under no circumstances will Supervision be liable for any loss or damage caused by any reliance on any certificate or certification of CME credits or information or materials provided via the Site or Services or otherwise.
4. Licenses: The requirements of a Class may include that a Participant cannot obtain a certificate from Supervision for such Class unless such Participant has appropriate licenses as identified in the Class materials made available to Members at the time of application or registration for such Class. Participants should review Class registration materials to identify what the license requirements are that are prerequisite to such Class and proof of such license will be required before any certification is issued. No refunds will be given if a Participant is unable to provide proof of required licenses and is unable to obtain certification despite having completed and/or paid for a Class. No refunds will be given after completion of any Class by any Participant.
5. Payment Transactions: Supervision reserves the right to accept or discontinue acceptance of any payment method for any Service or other fee or charge from time to time without notice. Supervision may accept a given payment method from some Participants but not others depending on credit or other factors. If Participant wishes to purchase any Service (whether via the Site or Services or via telephone, marketing efforts, customer service representatives, account representatives or other sales channels) (“Payments”), Participant may be asked to give certain information relevant to Participant’s Payment, including credit card number, the expiration date of any credit or debit card, the card security ID number, bank account information (for electronic payments), billing address, shipping information and/or email address. Verification of information may be required prior to the acknowledgment or completion of any Payment. Participant gives Supervision the right to provide such information to third parties for purposes of completing the Payments initiated by Participant. Supervision will also have the right to save any credit or debit card information supplied by Participant and use it for all future charges, which will automatically be charged to saved information unless Participant notifies Supervision of different payment information. Supervision is not responsible for any fees or charges by bank or credit/debit card issuer. If a credit/debit card issuer or bank reverses or refuses a charge to Participant’s credit/debit card or bank account, Supervision may bill Participant directly and otherwise seek payment. Supervision has the sole right to stop providing any Services to any Participant if it is unable to collect fees payable.
6. Third Party Loans. Participant may seek to use financing made available on the Site which is offered by third party financial institutions (“Finance Company”). Such financing will be subject to the separate policies and procedures of such Finance Company, and Supervision will not be liable for, or guarantee the availability of such financing. Participant shall indemnify and hold Supervision harmless for any activity, dispute or loss arising out of any financing agreement between Participant and any Finance Company. Supervision retains the right to cancel any Participant’s access to the Site or Services in the event that Participant defaults on any payment to Supervision or Finance Company at any time.
7. Refunds: Refunds will be subject to Supervision’s refund policies in effect at the time of the attempted refund. If Participant cancels the Services, all fees are nonrefundable, including application fees and Class fees.
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Document Name: SUPERVISION TERMS OF SERVICE POLICY
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