Terms and Conditions
These terms and conditions (“Agreement”) apply to the Services provided by D.B. Educational Services, LLC. (“D.B. Services”) and are in addition to any disclaimers on the Website. Please read this Agreement carefully before purchasing an Online Course and print a copy for your records.
If there is any conflict between the disclaimer on the Website and this Agreement, this Agreement shall control.
By clicking on the “Enroll In Course” button you acknowledge and agree to all of the terms and conditions set forth in this Agreement. If you do not agree, you must cease to continue to purchase any Services from us.
“Certification” means the successful completion of the Online Course and achieving an 80% or higher on the Online Test.
“Confidential Information” means information provided by D.B. Services to you in oral, written, graphic, recorded, machine readable or other form, including through the Online Course concerning the business, methods of doing business, trade secrets (as defined under the Uniform Trade Secrets Act), inventions (whether patentable or not), works of authorship, business and product development plans (including marketing and sales plans), clinical trials, medical procedures and processes, records, methods, laboratory results, drug protocol, including, without limitation, the Course Materials owned by or provided by D.B. Services.
“Course Materials” means the information provided by D.B. Services which may accompany the Online Course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to D.B. Services.
“Intellectual Property Rights” means all copyrights, rights in or relating to Course Materials, databases, patents, performers’ rights, designs and registered designs or logos, trademarks, service marks, websites, rights in or relating to Confidential Information and all other intellectual property rights (registered or unregistered) owned by or licensed to D.B. Services throughout the world, including but not limited to the name “Dogosterone” and all related derivations (whether or not registered).
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course, the Course Materials and any collateral marketing material provided by D.B. Services, together with such other services as agreed to from time to time and purchased by you through the Website.
“Term” shall mean the initial twelve (12) month period after the purchase of the Services and each twelve (12) month period thereafter provided you have timely paid for any required renewal Fees.
“Website” means www.dogosterone.com or any other website owned by D.B. Services.
“you” means the individual purchasing the Services and shall only apply to one natural person and not to any entity, regardless of the party paying for such Fees.
2. The Services; Off Label Use Acknowledgment
We will provide the Services with reasonable care and skill in accordance with the description set out on the Website. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
You understand and agree to the off-label use of testosterone in connection with the use of the Dogosterone treatment. You understand that off-label prescribing, also known as unapproved use, is the physician practice of prescribing a drug for a purpose different from one of the indications for which the product is approved by the Food and Drug Administration (“FDA”). Because there has not been testing by the FDA for this particular use, there is no tested information on use, dosage, and route of administration that is provided in product labeling for approved indications. Furthermore, the safety and efficacy of the unapproved use has not been established by adequate and well-controlled clinical trials. Since this is an off-label usage of testosterone in canines, you understand there may be other risks which may be unknown. You understand there are also other alternatives, both medical and surgical to this off-label use. You acknowledge the potential risks, benefits, alternatives, and complications. You are responsible to confirm that off-label use of testosterone administered by you is not prohibited by the laws of state, country or territory in which you practice.
We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
In order to purchase any of the Services on-line you must register for an account with us via the Website and create a username and password.
D.B. Services reserves the right to cancel or decline your order or any part of your order at any time.
D.B. Services does not and is not responsible for reporting any continuing education credit on your behalf with any professional body or examination board. It is your responsibility to ensure that you report on your own behalf with any professional body or examination board any credits in connection with the successful completion of the Online Course.
4. Cancellation and Variation
Upon the payment of the Fees, you will have seven (7) days to cancel your purchase of the Services.
If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use the Online Course then you shall have no right to cancel your order.
Except as set forth above, there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the discretion of D.B. Services.
The Fees for the Services shall be as set out on the Website and may be amended from time to time by D.B. Services.
Unless otherwise specified at the time you purchase the Services the Fees are exclusive of any local or sales taxes. Each of these costs will be set out in the Website prior to your purchase the Services.
Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Course.
D.B. SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE EFFECTIVENESS OF THE SERVICES OR THE OFF-LABEL USE OF TESTOSERONE IN CONNECITON WITH DOGOSTERONE THERAPY. D.B. SERVICES SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO, RELATED TO OR ARISING OUT OF THE PROVISION OF THE SERVICES OR THE OFF-LABEL USE OF TESTOSERONE IN CONNECITON WITH DOGOSTERONE THERAPY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL D.B. SERVICES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE OFF-LABEL USE OF TESTOSERONE IN CONNECITON WITH DOGOSTERONE THERAPY, THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHER THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, D.B. SERVICES’ LIABILITY WHETHER FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU. THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION INDEFINITELY.
7. Intellectual Property
All Intellectual Property Rights in the Course Materials, Online Course and the speeches or presentations made by representatives of D.B. Services are, and remain, the Intellectual Property of D.B. Services whether adapted, written for or customized by or for you.
In consideration of the Fees paid by you and upon Certification, you are granted a limited, non-transferable, non-exclusive license to use the Course Materials in respect of the Online Course for the sole purpose of completing the Online Course and / or marketing Dogosterone for your own benefit during the Term. Only upon Certification and during the Term will you be granted a non-exclusive right to the use the Dogosterone Trademark and related Intellectual Property and hold yourself out as “Dogosterone Certified” or “Certified in Dogosterone Therapy.”
You hereby agree that you shall not, either directly or indirectly: (i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute the Online Course or any of the Course Materials without prior written consent of D.B. Services; (ii) record on video or audio tape, relay by videophone or other means the Online Course; (iii) use the Course Materials in the provision of any other course or training or for any other purpose not specifically provided for herein; (iv) remove any copyright or other notice of D.B. Services on the Course Materials; or (v) claim any right to any of the Intellectual Property. In the event you become aware of any third -party infringing upon or claiming any to the Intellectual Property, you will promptly notify D.B. Services pursuant to Section 14 below.
You agree that a breach by you of any provisions of this Section 7, D.B. Services may immediately terminate all Services, including but not limited to access to the Online Course. Upon the expiration or termination of the Term, you agree to immediately cease using any and all Intellectual Property.
You agree to keep all Confidential Information strictly confidential and not use it other than for the purposes as set forth herein and shall be required to destroy it or return it on demand or upon the termination of Services.
You may only disclose Confidential Information to your staff and legal and other advisors for the purposes of obtaining advice from them or implementing the Dogosterone Protocol in your practice.
The obligations of confidentiality shall continue notwithstanding the expiration or termination of this Agreement.
D.B. Services may terminate this Agreement and cease to provide you with any Services in the event that you:(i) fail to pay the Fees, including any renewal Fees; (ii) breach any of the provisions set forth in this Agreement.
Notwithstanding any termination or expiration of this Agreement, the provisions in Section 6 (Liability), Section 7 (Intellectual Property Rights), Section 8 (Confidentiality) and 13 (Law and Jurisdiction) shall survive indefinitely.
Any Services provided by us under this Agreement are personal to you and cannot be transferred or assigned to any other person or entity.
D.B. Services may assign all rights and obligations under this Agreement, its Confidential Information and/or Intellectual Property or any other property or assets of D.B. Services or in connection with the Services to any third party without prior notice or consent.
11. Entire Agreement
This Agreement, together with the disclaimer on the Website are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into this Agreement with D.B. Services.
12. Force Majeure
D.B. Services shall not be liable to you for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, hurricanes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Law and Jurisdiction
This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance, or otherwise, by the laws of the State of Florida. The parties agree that the exclusive venue of any action arising out of this Agreement shall be in Broward County, Florida. Any dispute, claim or controversy arising out of or related to this Agreement or the breach, termination or enforcement, interpretation or validity thereof, shall be determined by arbitration in Broward County, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’s Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude D.B. Services or you from seeking provisional remedies in aid of arbitration from a court in Broward County Florida. Further, you acknowledge that: (i) you have freely and voluntarily entered into this forum selection clause; (ii) this provision is reasonable and does not create any hardship on you; and (iii) Broward County is an appropriate and logical nexus to the relationship created under this Agreement.
If you have any questions regarding the Services or this Agreement, you can contact us by any of the following methods:
D.B. Educational Services
12109 Sheridan St
Cooper City, FL 33026
Email: [email protected]
Any notices required under this Agreement shall be sent to the address above by certified mail return receipt or by a nationally recognized overnight delivery service (e.g. Federal Express, DHL, etc.).