Terms of Use

 

Effective Date: November 5th, 2022

The following terms and conditions of use (the “Terms of Use”) govern your access to and use of the subscriptions offered for sale by Homoly Communications Institute, Inc. (“Homoly”), and associated Content (collectively, “Services”). For the sake of clarity, “Content” refers to the videos, images, written materials, study guides, lesson quizzes, and any and all other works of authorship, whether or not protectable under copyright, which are hosted or retrieved using the Services or provided as part of your subscription to the Services.

By selecting “accept” when you purchase Services, you are agreeing that you are over 18 years old and that you have read and accepted these Terms of Use. If you do not agree to the Terms of Use, we kindly ask that you do not purchase the Services. 

Subscription Options & License

Some Content is only available by subscribing. There are two levels of subscription. The “User Subscription” is intended for dentists that own one location. The “Trainer Subscription” is intended for individuals who want to train others using the Content, or for practices with multiple locations.

Under these Terms of Use, a “User” is granted a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Content for his or her personal use upon full payment of a User Subscription. Personal use means that such content will only be used by the subscribed User and his or her hygienists and other staff at a single practice location.

Under these Terms of Use, a “Trainer” is granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Content to train currently subscribed Users upon full payment of a Trainer Subscription.

If you decided to end your subscription or if the same is terminated or suspended, you agree to immediately destroy all physical and electronic copies of the Content you received as a result of the Services. You further agree that any retention of such Content would constitute infringement upon Homoly’s proprietary rights to the same.

Prohibited Uses

Under the section above, you are granted certain limited, non-exclusive, revocable rights to access and use the Services. These rights do not include the right to and you shall not (nor shall you facilitate, direct or assist a third party to):

  • Modify, reproduce, or resell any part of the Services’ Content, or otherwise commercially exploit any of the Services’ Content (even if the Services or that Content or data is provided by or through a third party) in any way that is not explicitly granted by these Terms of Use;
    • Display a name, trademark, logo, or other means of identification of any party in such a way that it associates our products with someone other than us;
  • Use the Services or any of its Content in any manner other than the manner in which it is intended to be used, unless you first obtain Homoly’s express written consent; or
  • Use the Services or any of its Content for any purpose prohibited or restricted by law.

Except for the limited right expressly granted to you in these Terms of Use, Homoly, and its licensors expressly reserve all other rights and licenses.

Copyright, Trademarks, and Other Proprietary Rights

Homoly, or third parties from whom Homoly has permission, own all the Services’ Content and associated trademarks, including without limitation, the Content’s layout, organization, design, graphics, text, icons, audio, video, any other works of authorship, and all service marks, trademarks, and trade dress used in connection with the Services, together with all of the associated goodwill, are protected by copyright, trademark, unfair competition laws, and/or other proprietary rights under the laws of the United States. You agree to comply with all applicable laws by not copying the Content and by not using the associated trademarks in any manner that is likely to cause confusion or in any manner that disparages or discredits Homoly, except as allowed by these Terms of Use or by separate written consent.

You grant Homoly a perpetual, royalty-free, irrevocable, sub-licenseable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know-how, or techniques that you submit or otherwise choose to share with Homoly regarding the Services or its Content for any purpose (including without limitation commercialization) and without compensation to you, subject only to Homoly’s Privacy Policy.

Your Account

When you purchase the Services you are given account login information. You are solely responsible for the security of your password. You agree to accept full responsibility for all activities that take place under your username.  If you elect to make a purchase, you will be asked to provide information including your name, billing address, email address, and credit card information.  You are responsible for ensuring that your personal information and other data you submit to us is true, accurate, and up to date at all times. You agree not to misrepresent your identity. We have the right (but not the obligation) to require you to change your password if necessary for security purposes. 

 

Refunds and Cancellations

If you would like to request a cancellation or refund of your order or you have any problems with the Services, please contact us at info@paulhomoly.com. We will review your request at that time and may grant refunds in our discretion.

 

Financial Transactions 

You acknowledge that financial transactions are facilitated by a third-party payment processor (the “Processor”), and agree that we may share your information, including information about your financial accounts, with the Processor for this purpose. You are responsible for paying all taxes on any purchase, fees, or other charges.

 

Termination / Suspension

You agree that Homoly may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Services, including any online account hereon, without notice, for any reason in Homoly’s sole discretion, including, without limitation, violation of these Terms of Use or Homoly’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Homoly, another User, or any third party.

Representations and Warranties

By accepting these Terms of Use, you represent and warrant the following:

  • You have read, understand, and agree to follow all covenants and obligations imposed on you under these Terms of Use;
  • You have selected your correct and intended level of subscription, whether it be a User Subscription or a Trainer Subscription, and that you are using the Content as authorized under the “Subscription Options & License” section of these Terms of Use;
  • You have provided valid electronic payment information and are authorized to make said payments; and
  • Upon expiration of your subscription, you expressly agree to destroy any copies of Content you may still have in your possession, custody, or control.

Disclaimer of Warranties

HOMOLY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SERVICES OR ITS CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOMOLY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMOLY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANY OF ITS CONTENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF HOMOLY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, TO THE EXTENT PERMISSIBLE BY LAW, HOMOLY’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). 

ANY CAUSE OF ACTION OR CLAIM WITH RESPECT TO THE SERVICES MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE ACTION OR CLAIM ARISES OR IS DISCOVERED.

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

Indemnification

You agree to compensate, defend, and hold harmless Homoly, its officers, representatives, directors, employees, consultants, third-party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of the Services, your use of any Content in the Services, or your violation of these Terms of Use, including, without limitation, your infringement of any intellectual property or other right of Homoly or any other person or entity.

Right to Seek Injunctive Relief

You acknowledge that a violation of any covenants contained in these Terms of Use would cause immeasurable and irreparable harm to Homoly. Accordingly, you agree and hereby grant consent that, without limiting the remedies available to Homoly, any actual or threatened violation of such covenants may be enforced by injunctive relief or by other equitable remedies issued or ordered by any court of competent jurisdiction. 

 

Interpretation and Disputes

These Terms of Use are governed by the laws of the State of North Carolina, without regard to any conflict of laws provisions. Venue shall be exclusively in the state or federal courts located in Pineville, North Carolina with respect to any dispute arising under these Terms of Use. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. 

Entire Agreement

These Terms of Use and the Homoly Privacy Policy constitute the entire agreement between you and Homoly relating to the subject matter herein, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Homoly. These Terms of Use will inure to the benefit of Homoly’s successors and assigns.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices, or communications between you and Homoly may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

Contact

To ask questions or comment about these Terms of Use, we may be contacted at:

Dr. Paul Homoly

1646 West Hwy 160

Suite 8107

Fort Mill, SC 29708

info@paulhomoly.com