Last Revised: September 26, 2016
Thank you for visiting an All-Star Dental Academy, LLC web site, including allstardentalacademy.com. You arrived at this Terms and Conditions page from one of the above sites, referred to herein as “this web site”.
These terms and conditions are subject to change by All-Star Dental Academy, LLC (hereinafter “Company”) at any time and at our discretion without notice by updating this posting.
These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions.
Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us at email@example.com.
LIMITATIONS ON USE
You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
ACCOUNT MINIMUM TERM
1. After completion of 12 months, the program shall continue to be billed at $199 per month unless 30 days notice of cancellation is provided.
2. For additional 10-user blocks, please contact us for special pricing.
3. For additional MBA licenses, beyond the 1 license provided, please contact us for special pricing.
YOUR ACCOUNT ACCESS
All-Star Dental Academy is designed to be used by your entire team. It is not designed to be shared or distributed to friends, colleagues, or others. If you have a friend or colleague that may benefit from the use of All-Star Dental Academy, please direct them to firstname.lastname@example.org and we will arrange a site tour and/or demonstration.
The student who created the All-Star Dental Academy account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner can access and make changes to the All-Star Dental Academy account by contacting email@example.com. We will verify Account Ownership and help you make any changes you require.
Use of All-Star Dental Academy is restricted in the following manner:
During your All-Star Dental Academy enrollment, we grant you a limited, non-exclusive, non-transferable license to access the All-Star Dental Academy service and view instructional videos through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
A Basic License for the All-Star Dental Academy Training Program grants purchasing office up to 10 users that can be assigned individual logins. Dentist may replace users at will.
If purchasing office requires additional users, purchasing office may purchase one or many Extended License package(s) that includes 10 additional users at $149 per month per package.
Additional MBA licenses are $997 each.
Please note that there are no restrictions on the physical access point (office, home, or mobile) used by owner, employees, or contractors. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
ORDER AND WARRANTY POLICIES
All sales are final. For digital products, you will receive an email with login details to our membership site. Even though we make no guarantees that our product will produce any particular result for you, you can still take advantage of our 10X Guarantee.
Immediate Attention Required!
If you are participating in the 10x Guarantee, you must enroll within the first 30 days after purchase.
Enroll in the 10X Guarantee by clicking here
There are only four (4) requirements after enrollment to maintain eligibility
1. You must attend a “Strategy Call” with an All-Star Dental Academy representative within 90 days of enrolling
2. At least four (4) team members must complete QuickStart and pass exam
3. At least two (2) team members complete Phone Success and Scheduling Advantage and pass exams
4. You must make a 10X Guarantee fulfillment request at least 30 days prior to your first annual anniversary renewal
Measures we use to determine if you qualify for the 10x Guarantee Fulfillment
1. Change in Production
2. Change in number of New Patients ($6500 as patient value over 10 years)
3. Change in Doctor Broken Appointments ($500 value)
4. Change in Hygiene Broken Appointments ($100 value)
5. Change in Turnover ($30,000 value)
The 10X Guarantee is calculated by taking the difference between the 12 months prior to All-Star Dental Academy enrollment and the 12 months after All-Star enrollment. All positive impact measures are combined and evaluated.
If 10 times your tuition investment is not achieved, and you have met the requirements, you will be eligible for the 10X Guarantee.
Our 10X Guarantee Responsibility
Your office will receive ongoing monthly tuition at no cost until 10X is achieved.
Your 10X Guarantee Responsibility
Requirements for maintaining the 10X Guarantee enrollment are: an initial 10X Guarantee Consultation with an All-Star Dental Academy representative; monthly submission of three (3) GREAT Call Process call grading sheets; monthly submission of a training log that reflects a minimum of 20 minutes of coursework per week for at least two (2) team members (Dentist may be counted as one of the two); monthly submission of production, new patients, broken appointments, and turnover; and quarterly consultation calls with an All-Star Dental Academy representative to review progress..
THIRD PARTY REFERENCES / HYPERLINKS
This web site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
INFORMATION YOU SUBMIT
You hereby warrant that any information you submit to COMPANY through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY.
You further agree that you shall not submit or transmit any content through this web site or to COMPANY that is:
Obscene, vulgar, or pornographic;
Encourages the commission of a crime or violation of a law;
Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
Infringes the intellectual rights of a third party;
Is otherwise offensive or inappropriate based upon the type of content and information provided by COMPANY and/or third parties on this web site.
COMPANY reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in COMPANY’s sole discretion, without liability or warning to you.
COMPANY reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold COMPANY harmless from any consequences or actions taken by COMPANY in cooperation with such law enforcement investigation or court order.
If you need to contact us, you can email us at firstname.lastname@example.org, call us at 954-323-2220, or send us a letter at: All-Star Dental Academy, Inc, attention Alex Nottingham, 1844 N. Nob Hill Road #175, Plantation, FL 33322.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this web site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The Company possesses competitively valuable Confidential Information (as hereinafter defined) regarding its current products, future products, research and development, and general business operations. Recipient may enter or has entered into a business relationship with the Company and in connection therewith may need to review or use the Company’s Confidential Information and Materials or to create new Confidential Information and Materials for the Company. In consideration of the promises and covenants contained in this Agreement and the disclosure of Confidential Information and Materials from the Company to the Recipient, the parties hereto agree as follows:
1. Confidential Information and Materials
(a) “Confidential Information” shall mean any nonpublic information that the Company specifically marks and designates, either orally or in writing, as confidential or which, under the circumstances surrounding the disclosure, ought to be treated as confidential or which the Recipient creates or produces in the course of performing services for the Company. “Confidential Information” includes, but is not limited to, product schematics or drawings, descriptive material, specifications, software (source code or object code), sales and customer information, the Company’s business policies or practices, information received from others that the Company is obligated to treat as confidential and other materials and information of a confidential nature.
(b) “Confidential Information” shall not include any materials or information which the Recipient shows: (i) is at the time of disclosure generally known by or available to the public or became so known or available thereafter through no fault of the Recipient; or (ii) is legally known to the Recipient at the time of disclosure by the Company; or (iii) is furnished by the Company to third parties without restriction; or (iv) is furnished to the Recipient by a third party who legally obtained said information and the right to disclose it; or (v) is developed independently by the Recipient either before or after the term of the Recipient’s engagement as a consultant or independent contractor to the Company where the Recipient can document such independent development.
(c) “Confidential Materials” shall mean all tangible materials containing Confidential Information, including without limitation drawings, schematics, written or printed documents, computer disks, tapes, and compact disks (CD), whether machine or user readable.
(a) Recipient shall not disclose any Confidential Information to third parties without the prior written authorization of the Company. Notwithstanding the foregoing, Recipient shall not at any time disclose to any third party any Confidential Information comprising a trade secret of the Company or any Confidential Information of any other party to whom the Company owes an obligation. However, Recipient may disclose Confidential Information in accordance with judicial or other governmental orders, provided Recipient shall give the Company reasonable notice prior to such disclosure and shall comply with any applicable protective order or equivalent.
(b)Recipient shall not use any Confidential Information or Confidential Materials of the Company for any purposes except those expressly contemplated hereby or as authorized by the Company.
(c) Recipient shall take reasonable security precautions, which shall in any event be as great as the precautions it takes to protect its own confidential information, to keep confidential the Confidential Information. Recipient may disclose Confidential Information or Confidential Materials only to Recipient’s employees or consultants on a need-to-know basis. Recipient shall instruct all employees given access to the information to maintain confidentiality and to refrain from making unauthorized copies. Recipient shall maintain appropriate written agreements with its employees, consultants, parent, subsidiaries, affiliates or related parties, who receive, or have access to, Confidential Information sufficient to enable it to comply with the terms of this Agreement.
(d) Confidential Information and Confidential Materials may be disclosed, reproduced, summarized or distributed only in pursuance of Recipient’s business relationship with the Company, and only as otherwise provided hereunder. Recipient agrees to segregate all such Confidential Materials from the confidential materials of others to prevent commingling.
3. Rights and Remedies
(a) Recipient shall notify the Company immediately upon discovery of any unauthorized use or disclosure of Confidential Information or Confidential Materials, or any other breach of this Agreement by Recipient, and will cooperate with the Company in every reasonable way to help the Company regain possession of the Confidential Information and/or Confidential Materials and prevent further unauthorized use or disclosure.
(b) Recipient shall return all originals, copies, reproductions and summaries of Confidential Information and/or Confidential Materials then in Recipient’s possession or control at the Company’s request or, at the Company’s option, certify destruction of the same.
(c) Recipient acknowledges that monetary damages may not be a sufficient remedy for damages resulting from the unauthorized disclosure of Confidential Information and that the Company shall be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
(d) The Company may visit Recipient’s premises, with reasonable prior notice and during normal business hours, to review Recipient’s compliance with the terms of this Agreement.
(a) All Confidential Information and Confidential Materials are and shall remain the sole and exclusive property of the Company. By disclosing information to Recipient, the Company does not grant any express or implied right to Recipient to or under the Company patents, copyrights, trademarks, or trade secret information.
(b) All Confidential Information and Materials are provided “AS IS” and the Company makes no warranty regarding the accuracy or reliability of such information or materials. The Company does not warrant that it will release any product concerning which information has been disclosed as a part of the Confidential Information or Confidential Materials. The Company will not be liable for any expenses or losses incurred or any action undertaken by the Recipient as a result of the receipt of Confidential Information or Confidential Materials. The entire risk arising out of the use of the Confidential Information and Confidential Materials remains with the Recipient.
(c) Recipient agrees that it shall adhere to all U.S. Export Administration laws and regulations and shall not export or re-export any technical data or products received from the Company or the direct product of such technical data to any proscribed country listed in the U.S. Export Administration Regulations unless properly authorized by both the Company and the U.S. Government.
(d) This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof. It shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties.
(e) None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of the Company, its agents, or employees but only by an instrument in writing signed by an authorized officer of the Company. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either party to enforce any provision of this Agreement shall not constitute waiver of such provision or any other provisions of this Agreement.
(f) If any action at law or in equity is necessary to enforce or interpret the rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which it may be entitled.
(g) This Agreement shall be construed and governed by the laws of the State of Florida, and both parties further consent to jurisdiction by the state and federal courts sitting in the State of Florida.
(h) If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Should any of the obligations of this Agreement be found illegal or unenforceable as being too broad with respect to the duration, scope or subject matter thereof, such obligations shall be deemed and construed to be reduced to the maximum duration, scope or subject matter allowable by law.