HM Dent Works Academy Terms Of Enrollment
Effective date: 6/10/2021
The following terms and conditions govern the use of the paint-less dent repair courses and related materials (on-line or in person) (the “Program”) presented or provided by HM Dent Works, LLC (“Company”, “we”, “us”, or “our”), to the registered user of the program (the “Customer”), and all employees, agents, contractors and representatives of the registered user (“Representatives”) who have registered for the use or have access to the Program. The Customer and Representatives shall be referred to collectively as “you” or “your”. Please read this agreement carefully. These terms and conditions are a legally binding contract between you and us. By attending a class (on-line or in person) or by visiting and using the Program Portal/Membership Site or any other materials provided by us, you agree that your use of this and any other of our websites (the “Site”), participation in our Program, and use of Program materials is governed by the following terms and conditions.
We are committed to providing all participants with a positive experience. Thus, we may, at our sole discretion, limit, suspend, or terminate your participation in any of our programs, whether live, recorded, social media-based or digital, without refund or forgiveness of remaining payments if:
- you become disruptive or difficult to work with, as determined in the sole and absolute discretion of us or our instructors;
- you fail to follow the program guidelines, as determined in the sole and absolute discretion of us or our instructors;
- you impair the participation of our instructors or participants in our programs; - you violate any of the terms set forth in this agreement or in any agreement with us; or - any of the information you provide to us during enrollment is inaccurate or incorrect.
We reserve the right, in our sole and absolute discretion, for any or for no reason, to terminate (i) your enrollment in the Program, (ii) any registration by you for a class or seminar, or (iii) your use of the Site.
We are not required to discuss or disclose any information about your participation in the program to any third party, even if that third party paid for your participation in the Program. For example, if your parent is paying for your participation in the Program we are not obligated to speak to them about your participation, although if we do so you consent to such disclosure. Similarly, we are not required to confirm whether or not you participated in the Program to any potential employer, however you consent to us disclosing to such third parties whether or not you successfully completed the Program or failed to successfully complete it.
Upon termination of our relationship, we will immediately revoke your right to use the Program and block all access to your account and may anonymize or delete all data and information associated with your account. Upon termination of your relationship with us, you will remain obligated to pay any accrued charges and amounts which become due for payment prior to or following termination.
Program Materials
Subject to your payment of program fees as set by us from time to time, you will have access to the following materials, subject to scheduling and availability in our sole discretion, for use as provided herein:
- Access to program content;
- Access to scheduled Q & A calls;
- Access to the Facebook Support Group; and
- Swipe files and templates, as well as content guides.
You may also receive one or more tools from us as part of your enrollment in the Program. The type and number of tools provided to you will be determined by us in our sole and absolute discretion and is subject to availability. We will identify to you which tools are yours to keep after the Program, and all other tools you utilize during the Program remain our property. ANY TOOLS PROVIDED TO YOU ARE PROVIDED IN THEIR “AS IS” CONDITION, WITHOUT REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. YOU AGREE TO USE THE TOOLS AT YOUR OWN RISK BOTH DURING THE PROGRAM AND AFTERWARDS.
Use Of Program Materials
- Program education and information provided by us is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
- All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and any other materials that have been or will be made available by Company or its designated facilitators, or Program materials from any other source, oral or written, are for personal use in or in conjunction with this training program only.
- Program content and materials are for personal use only, and may not be sold, copied, modified, distributed, displayed, performed, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent. We reserve all rights in all Program materials.
- The information contained in program material is strictly for educational purposes. We do not warrant the accuracy, completeness, or usefulness of this information or the content of the Programs or of the Program materials. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who participates in the Program.
- We assume no responsibility for errors or omissions that may appear in any program materials.
- We may add to, discontinue, or revise any aspect, mode, design, or service provided under the Program including but not limited to: the scope, timing, or pricing of the features and content of the Program; procedures for cancellation or renewal of the Program; the software or hardware required for access to the Program; and the geographic locations or jurisdictions in which certain features of the Program may or may not be available. We will endeavor to provide you with reasonable notice of any such modifications.
- Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.
Privacy & Confidentiality
We respect your privacy and we must insist that you respect the privacy of fellow Program participants.
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.
Thus, you agree:
- not to infringe the copyright, patent, trademark, trade secret or other intellectual property rights of the Company or any instructor or other participant;
- that any Confidential Information shared by Program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it, or the Company;
- not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
- that all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
- that usernames and passwords shall not be shared with any third-parties;
- to maintain all usernames and passwords in confidence and not to allow any other person to utilize your access to the Program or the Program materials;
- the reproduction, distribution, and sale of these materials by you or anyone but the Company is strictly prohibited and will constitute copyright and trademark infringement, among other violations of Company’s rights; and
- that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
Interactive Features
It is a condition of your use of our Site and participation in the Program that you do not:
- Restrict or inhibit any other user from using and enjoying the Site or the Program materials.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or violate any law.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
- Use the Site or the Program unless you are an adult over the age of eighteen and not legally incapacitated.
The Company may host Facebook groups, message boards, chats, and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, group calls, chats or other public forums in the future. Users may be barred from accessing message boards, chats, group calls or other public forums for behavior deemed abusive, harassing, rude or inappropriate in our sole discretion. The Company or its designated agents may remove or alter any user-created content at any time for any reason. Groups, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, outside contributors, or by users not connected with the Company, some of whom may employ anonymous usernames. The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.
The Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Trademarks
The Company name, and all related names, certification marks, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. You agree that any use by you of the Company’s trademarks shall be for the benefit of Company and shall not create any rights in you or any other third party by virtue of your use of the trademarks.
Media Waiver and Release
By participating in any of the Program, whether in person or online (via videoconference, phone conference, chat session, or message board) I hereby consent to the use by Company, and those acting with permission and authority of Company, of all photographs, video recordings, audio recordings, or other images or recordings that Company has taken of me or in which I may be included, for all purposes, in any and all media including the Internet, without limitation, including promotion, solicitation, advertising or trade. I am fully aware that my likeness may appear in materials available to other participants in the Program and individuals outside of the Program.
I hereby waive any right to inspect or approve the finished images, videos, or other content, including advertising copy or printed matter, in which they may be used. I release Company and those acting under their authority from any liability related to the alteration, intentional or otherwise, that may occur in connection with the processing, editing, transmission, display or publication of the images, videos, or other content, and understand that images may be cropped or altered for purposes of illustration.
I understand that all images or videos in which I am visible or in any other content in which I participate, including digital files or video recordings, are the exclusive property of Company and I grant to Company the unrestricted right to copyright, publish and republish the images, videos, and other media as Company desires in its sole and absolute discretion.
Certification
We offer a certification program for paint-less dent repair under our HM CertifiedTMPDR certification. Attending the Program does not entitle you to receive the HM Certified certification designation. The standards and requirements to receive and maintain the HM CertifiedTMcertification (the “Standards”) are set by us in our sole and absolute discretion and do not indicate approval by any third party, standards organization, or governmental entity. We may change the Standards from time to time without notice to you.
You may only use “HM CertifiedTM” or other marks related to the certification (the “Certification Mark”) on the terms and conditions in this section. After we certify to you that you are in compliance with the Standards you may use the Certification Mark solely in connection with the promotion and conduct of the offering of paint-less dent repair services (the “Services”) you perform in the United States of America. You may use the Certification Mark only while your certification is in compliance with the Standards as determined by us in our sole and absolute discretion. Without limiting the other terms and restrictions set forth in these Terms, unless otherwise approved by us in writing, you will not, directly or indirectly: (1) use the Certification Mark in conjunction with the promotion or provision of any services, or in any other way, outside the United States, (2) use the Certification Mark in conjunction with the sale of any tangible goods or of any services that do not relate to paint-less dent repair, (3) state or imply that we have made a determination on the merits or quality of any business or entity with which you may be associated, or sponsors or otherwise endorses any particular services you may offer, (4) certify, sublicense, or otherwise grant to any other individuals or entity the right to use the Certification Mark, (5) use the Certification Mark in violation of our standards, or in any manner that is false or misleading, (6) use the Certification Mark in violation of any laws and regulations, or (7) use the Certification Mark in an manner beyond that which is expressly authorized by these Terms.
You acknowledge our ownership of all right, title, and interest in and to the Certification Mark. Any goodwill resulting from your use of the Certification Mark will inure exclusively to the benefit of us. You will conduct my business in a way that does not adversely affect our reputation or goodwill. We have the right to monitor the manner in which you use the Certification Mark and the quality of Services associated therewith. We retain, at all times, the right to revoke your Certification and this license if we determine, in our sole discretion, that the quality, accuracy, or other characteristics of any of the Services fails to comply with these Standards. Notwithstanding our ability to monitor your Services, we have no responsibility for, liability with respect to, or right to control or participate in, your provision of services, your representations with respect to such services, or the agreements into which you enter.
You hereby authorize us to review your background, which may include, but is not limited to (1) the review of criminal history records from any criminal justice agency in any or all federal, state, and county jurisdictions, (2) the review of public records, and (3) interviews of third parties concerning, among other things, your background and record, regulatory history, and integrity and fitness to use the Certification Mark.
Should we determine, in our sole discretion, that you have failed to comply with these Terms, or that you have not satisfied the Standards at the time I was granted Certification or later (regardless of whether the relevant facts and circumstances were known by or disclosed to us), we may, in our sole discretion, revoke your Certification and terminate your license to use the Certification Mark, or take other action permitted by law. Should we determine, in our sole discretion, that you have misused the Certification Mark, you understand and agree that such action may cause irreparable harm, and at and in accordance with our direction, you will immediately stop using the Certification Mark or change the manner in which you use the Certification Mark so that you are not misusing the Certification Mark. You understand we may have additional rights under applicable law with respect to the Certification Mark, and that the remedies provided under these Terms are in addition to, and not in lieu of, our other rights.
Disclaimer Of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, THE PROGRAM, THE PROGRAM MATERIALS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT OR FROM IT.
YOUR USE OF THE SITE, ITS CONTENT, THE PROGRAM, THE PROGRAM MATERIALS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE PROGRAM, OR THE PROGRAM MATERIALS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, THE PROGRAM, THE PROGRAM MATERIALS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT WE MAKE NO GUARANTEES THAT YOU WILL FIND EMPLOYMENT OR HAVE ANY SPECIFIC BUSINESS RESULTS AFTER COMPLETING THE PROGRAM.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, ANY SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT, AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Program, the Certification, the Website, including, but not limited to, your contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Payment Terms
We are not liable for any payments that are not completed because: (1) your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account; (2) You have not provided us with correct payment account information; (3) your credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
All payment is exclusive of any taxes or duties imposed by jurisdiction tax law. The Company will not be responsible for any taxes or duties owed by you.
Refund Policy
All sales are final, no refunds will be afforded, and you waive any rights to charge-back your purchase with your credit card processor. Subscriptions will not be prorated if cancellation occurs during a billing cycle.
Nondisclosure And Nonuse Obligations
You agree to maintain in confidence and not to disclose, disseminate or use any Confidential Information belonging to Company, whether or not in written form. You agree that you shall treat all Confidential Information of Company with at least the same degree of care as you accord your own confidential information. You further represent that you exercise at least reasonable care to protect your own confidential information. If you (the “Recipient”) are not an individual, Recipient agrees that Recipient shall disclose Confidential Information only to those
of its employees who need to know such information and certifies that such employees have previously signed a copy of this Agreement. You further understand and agree that any disclosure or misappropriation of any of the Confidential Information at any time in violation of this Agreement will cause Company irreparable harm. Thus, you understand and agree that since monetary damages will not be sufficient to avoid all harm and/or compensate for the unauthorized use or disclosure of the Confidential Information, injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use or disclosure of the Confidential Information or breach of this Agreement. Accordingly, you hereby consent to the entry of an injunction, without the need to post a bond, prohibiting any conduct by you in violation of this Agreement.
Definition of Confidentiality. As used in this Agreement, "Confidential Information" refers to: (a) the business activities, dealings or interests of Company and/or its officers, directors, affiliates, employees or contractors; (b) any confidential information, knowledge and know-how, concerning the operations, products, services, procedures, or clients, patients or customers of Company, in any format whatsoever, including, without limitation, the techniques, formulations, organization, design, implementation, preparation and other operations, methods, and accumulated experiences incidental thereto, and further including, without limitation, information relating to marketing techniques, advertising, policies, procedures, promotions, customer lists, membership lists, mailing lists, registration cards, sales records, concepts, ideas, trade secrets, other proprietary information, training materials, teaching aids, webinars, membership materials (including but not limited to: reports, notes, files, records and any personally identifying information), and/or research of Company. Further, any and all Confidential Information which by its nature is confidential or which Company, in its sole and absolute discretion, designates as such shall be deemed Confidential Information for purposes of this Agreement. This Agreement shall govern all communications between the parties. Recipient understands that its obligations under this Paragraph ("Nondisclosure and Nonuse Obligations") shall survive the termination of any other relationship between the parties. Upon termination of any relationship between the parties, Recipient will promptly deliver to Company, without retaining any copies, all documents and other materials furnished to Recipient by Company. For purposes of clarity, you agree that the Program and all Program materials constitute Confidential Information.
Dispute Resolution
- All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Greene County, Missouri.
- You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
- The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
- In any arbitration, legal action, or suit by us to enforce any right or remedy under this agreement or brought by you in which we prevail, we shall be entitled to recover our reasonable attorney’s fees, costs, and other expenses.
Contact Us
To ask questions or comment about our Terms of Enrollment, contact us at:
- By email: [email protected]
- By mail: 2647 W. Bennet Springfield, MO 65807