1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that PhacoMentors will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. PhacoMentors cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your PhacoMentors account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of PhacoMentors will result in an immediate termination of your services.
2. Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- Technical support is only provided to paying account holders and is only available via email.
- You may not use the PhacoMentors service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PhacoMentors.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use PhacoMentors or PhacoMentors trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to [email protected]
- You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- Unless you are on a paid plan with no transaction fees or have written consent from PhacoMentors, you agree not to charge people to access your courses other than by collecting payments on the PhacoMentors Service. Any attempt to bypass the PhacoMentors payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us to upgrade to a no fees plan.
4. PhacoMentors Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any PhacoMentors customer, PhacoMentors employee, member, or officer will result in immediate account termination.
- PhacoMentors does not pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that PhacoMentors employees and contractors may also be PhacoMentors customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- PhacoMentors retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, PhacoMentors reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that PhacoMentors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall PhacoMentors or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, PhacoMentors partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- PhacoMentors does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- PhacoMentors does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- PhacoMentors does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the PhacoMentors Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
6. Waiver and Complete Agreement
The failure of PhacoMentors to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PhacoMentors and govern your use of the Service, superseding any prior agreements between you and PhacoMentors (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the PhacoMentors service. All material you upload remains yours. You can remove your PhacoMentors site at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading Course Content, you agree: (a) to allow other internet users to view your Course Content; (b) to allow PhacoMentors to display and store your Course Content; and (c) that PhacoMentors can, at any time, review all the Course Content submitted by you to its Service.
- You retain ownership over all Course Content that you upload to a PhacoMentors site; however, by making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.
- You retain ownership over all content that you submit to a PhacoMentors site however, by making your site public, you agree to allow others to view your content.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
8. Payment of Fees
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of PhacoMentors products and services, including without limitation, your subscription to or purchase of PhacoMentors ecommerce services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of PhacoMentors products and services, PhacoMentors will attempt during the purchase process to verify your location and will not charge you tax on top of your purchase. Should PhacoMentors request it, you must provide us with a statement by email to contact@PhacoMentors.com stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when PhacoMentors products and services were made available to you. The statement should also include your complete home and/or business location address. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to contact@PhacoMentors.com.
- PhacoMentors does not provide refunds.
9. Cancellation and Termination
- You may cancel your account at anytime by emailing contact@PhacoMentors.com and then following the specific instructions indicated to you in PhacoMentors’s response.
- Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the PhacoMentors service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, PhacoMentors may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
10. Modifications to the Service and Prices
- Prices for using PhacoMentors are subject to change upon 30 days notice from PhacoMentors. Such notice may be provided at any time by posting the changes to the PhacoMentors Site (PhacoMentors.com) or the administration menu of your PhacoMentors site via an announcement.
- PhacoMentors reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- PhacoMentors shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
11. Optional Tools
- PhacoMentors may provide you with access to third party tools over which PhacoMentors neither monitors nor has any control or input.
- You acknowledge and agree that PhacoMentors provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. PhacoMentors shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- PhacoMentors strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.
12. Digital Millennium Copyright Act
12.1 General Policy
PhacoMentors has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is PhacoMentors policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.
12.2 Procedure for Reporting Copyright Infringement
If you believe that Content residing on or accessible through the PhacoMentors web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that PhacoMentors is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
12.3 Once Proper Bona Fide Infringement Notification is Received by PhacoMentors’s Support Team
It is PhacoMentors’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to PhacoMentors. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.
12.4 Procedure to Supply a Counter-Notice to PhacoMentors
If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to PhacoMentors’s Support Team listed below:
- A physical or electronic signature of the Content provider or user;
- Identification of the Content that is claimed to be infringing
- A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
- Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which PhacoMentors is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by PhacoMentors’s Support Team, PhacoMentors will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.
12.5 Designated Agent to Receive Notification of Claimed Infringement
Please contact PhacoMentors’s Support Team to Receive Notification of Claimed Infringement at the following address:
Name – PhacoMentors.com, Attn: Copyright Infringement
Email – [email protected]
Address – Guadalajara 97 Int 302 Cuauhtemoc, Ciudad de México, México
Telephone – (55)12915514