Stuff our lawyer wants you to read...
TERMS AND CONDITIONS: Your purchase, enrollment in and use of products, services and events ("Services") sold by Predenting LLC ("Predenting") and your access to predenting.com and their respective subdomains (the “Site(s)”) are subject to these terms and conditions (“Terms”). If You purchase a Service for use by another (for example, a parent purchasing for a child) these Terms govern both You and other(s) who use any Service you purchase (collectively, “You”). By accessing Site and/or purchasing and/or using Services, You agree to be bound by the Terms, which is an agreement between Predenting and You.
Children under the age of 13 are not permitted to purchase or enroll in Services. Children may provide information to Predenting and participate in Services only with consent of a parent or guardian.
Intellectual Property Rights
Our Limited License to You:
Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Programs, Products, Services and Program Materials as follows:
You may download and/or print Program Materials for your own personal use.
However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own use.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us.
All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website.
Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others:
As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money or any other reward.
You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money or reward, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.
We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information on our through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.
You agree to make full payment for Services in the amount(s) listed in your shopping cart, in the Order Confirmation email, or as You will receive or as communicated by Predenting representatives during registration, or any payment agreement made via non-verbal forms of communication. You must complete payment prior to commencing the Service. By enrolling in a payment plan or pricing plan, you agree to complete the entire payment plan or pricing plan and be held liable for any unpaid amounts. Unpaid amounts may be sent to a collections agency, and Predenting may seek legal proceedings to collect payments from You or the third party payer. You agree to pay for all expenses and fees, including legal and attorney fees, to Predenting for collection efforts, who may be the prevailing creditor. You agree to an annual interest rate of 25% until the payment is collected in full, starting from the date of the first missed payment. You allow Predenting employees and representatives to contact employers, dental schools, other educational institutions, and any other person, business, or entity, in an effort to collect an outstanding balance or debt, or to inform educational institutions relating to issues of integrity or ethics.
PRICING PLAN / PAYMENT PLAN / SUBSCRIPTION AGREEMENT:
For Product(s) or Service(s) received, You, promise to pay to the order of Predenting LLC at 1412 W 7th Street, San Pedro, California 90732 (or at such other place as Predenting may designate in writing), the sum agreed upon for a Service or Product.
I. Late Fee
You promise to pay a late fee of $100.00 for each installment that remains unpaid more than two day(s) after its Due Date. This late charge shall be paid as liquidated damages in lieu of actual damages, and not as a penalty. Payment of such late charge shall, under no circumstances, be construed to cure any default arising from or relating to such late payment.
Predenting LLC reserves the right to accelerate payment obligation under any Pricing Plan, Subscription, or Payment Plan, and the remaining unpaid balance and any fees shall become due immediately at the option of Predenting LLC.
You reserve the right to prepay any Plan (in whole or in part) prior to the Due Date with no prepayment penalty.
IV. COLLECTION COSTS
If any of the following events of default occur, this Pricing Plan and any other obligations, shall become due immediately, without demand or notice:
1) You fail to pay the balance and any accrued fees when due;
2) the filing of bankruptcy proceedings involving You.
VI. SEVERABILITY OF PROVISIONS
If any one or more of the provisions of these Terms are determined to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operative.
All payments shall be paid in the legal currency of the United States.
No delay in enforcing any right of Predenting under this agreement, or assignment by Predenting of this agreement, or failure to accelerate the payment evidenced hereby by reason of default in the payment of a monthly installment or the acceptance of a past-due installment shall be construed as a waiver of the right of Predenting to thereafter insist upon strict compliance with the terms of this agreement without notice being given to You. All rights of Predenting under this agreement are cumulative and may be exercised concurrently or consecutively at the Predenting's option.
This agreement may be amended without the written approval of You.
VII. GOVERNING LAW
This agreement shall be construed in accordance with the laws of the State of California.
These Terms shall be agreed to by purchasing a Product or Service. Signatures are not required.
You understand & agree that enrolling in Predenting Product(s) or Service(s) is a legal representation of acceptance and signature.
Predenting LLC in no way guarantees or warrants that Services or Products will lead to a specific outcome, admission decision, acceptance, interview, any other personal or professional outcome. The services provided by Predenting LLC do not guarantee any improved chances of admission to any dental school, residency, graduate program, or other personal or professional success.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by You or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including You.
Release of Claims:
In no event will Predenting LLC be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and You hereby release Predenting LLC from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Cancellations and Refunds:
Refunds are available within 15 days of a Service being purchased if the Product or Service has not been started. To qualify for a refund under the Satisfaction Guarantee after starting a Service, You must notify , via email, within 15 days after the Service is purchased. Refunds for unused Interview Coaching hours may be refunded after deducting $200/hour for each hour of Interview Coaching that was used, irrespective of which Interview Coaching Service was chosen. If your Service Fees were paid by a third party any refund due will be paid to that third party. In no event may a refund exceed the amount that Predenting LLC received for the Service. There are no refunds for Hourly Advising or custom Services that are not clearly advertised to the general public on the website. No other Refunds are available.
Subscription Based Purchases and Cancellations:
If you request a cancellation or refund by contacting us through our website or via e-mail within 24 hours of your initial purchase, we will provide a 100% refund for the Service. No other refunds are available.
All Services, Resources, Articles, Documents, Videos, Personal Statements, Supplemental Applications, Essays, and the Site(s) are owned by Predenting and its licensors. Services are for your personal and non-commercial use only. You may not enroll in or use any Service for the benefit of any competitor of Predenting. Services may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Predenting’s prior written permission. All books, video, audio, text, questions, explanations, diagrams, images, essays, writing, animations and other content that You receive or to which You have access during your Service or through use use of the Site(s), regardless of medium or format, paid or unpaid, (collectively, “Service Content”), are protected by copyright law and belong to Predenting and its licensors. You may not download, record, screenshot, copy or reproduce Predenting content in any way. You may not make any audio and/or video recording of any part of our Services or Resources. You may not attempt to decompile, reverse engineer, scrape or datamine Services. The trademarks, service marks, designs, and logos displayed on the Sites and in Services are the registered and unregistered trademarks of Predenting, You agree to pay for all legal fees and attorney fees Predenting incurs as a result of any harm or damages from violating any part of this entire agreement, and understand that Predenting may participate in criminal charges against You and seek maximum punitive damages for any violation. Predenting's licensors and Third Party Sellers and may not be used without Predenting’s prior, written permission. Third Party Services are owned by such Third Parties and their respective licensors.
Services may include digital access to Service Content. Subject to your compliance with these terms and conditions, Predenting LLC grants You a limited, personal, non-exclusive, revocable and non-transferable license to access content during the access period of your Service.
Class Schedule and Location Changes:
Service schedules are subject to change and/or cancellation. Predenting will notify You of any changes or cancellations. If an alternative Predenting Service does not meet your needs, Predenting will provide a full refund.
Interview Coaching Policies:
If You purchase an interview Service, You and your interview coach(es) will plan a schedule that is mutually convenient. If a mutually convenient schedule cannot be reached, Predenting will provide a refund of unused Interview coaching hours. If You need to cancel or postpone a lesson, You must directly notify your coach at least 24 hours in advance. Failure to do so will result in a deduction of the hours from your interview package or payment of a $100 rescheduling fee, at Predenting’s discretion.
You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Service. Access to Services may require internet or telephone access, for which Predenting is not responsible.
Student Code of Conduct:
Disclaimer and Limitation of Liability:
In no event shall Predenting be liable to you for any consequential, special, punitive, or incidental damages, even if Predenting has been informed of the possibility of such damages. In no event will Predenting's total liability to you exceed the amounts paid by Your for your Service.
Arbitration and Class/Collective Action Waiver:
Any and all disputes arising from or related to this Agreement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a one or more arbitrators designated by Predenting under the then-applicable rules of the American Arbitration Association (as modified herein) in accordance with the Federal Arbitration Act. The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in Los Angeles, CA, USA, even if this location is further than 100 miles of your permanent residence. If You reside outside the United States, then the arbitration shall take place in accordance with the American Arbitration Association Consumer Rules and Protocol. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.
To the maximum extent permitted by law, should You wish to initiate a legal action against Predenting in arbitration, You waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Predenting or a related entity is a party. Thus, You and Predenting agree that each may bring claims in arbitration against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both You and Predenting agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over a representative or class proceeding.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Purchases may be subject to taxes in some states. Tax rates are different from state to state. You are responsible for paying all such taxes.
Information We Collect:
Personal Data is any information about an individual from which that individual can be identified. Your name, address, phone number and email address are examples of personal data. It does not include data where the identity has been removed (anonymous data). We collect Personal Data from you in various ways, including when you visit the Site(s), create an account with us, purchase, enroll in and use our Services, schedule a free consultation, provide your contact information, participate in our social media communities, such as on Facebook, and when you send us feedback.
If your parent, school, employer or other third party purchases Services on your behalf, or if someone refers you to Predenting, such third parties may provide us with Personal Data about you, including your first name, last name and email address. We may also collect Personal Data about you from other sources, such as from business partners or online groups, pages, and/or communities.
Use of Your Personal Data: We may use your Personal Data in the following ways:
For the purpose you provided personal data, for example to enroll you in one of our Services or respond to a specific inquiry;
To customize and personalize your learning experience to you;
To administer, support, improve and develop our business;
To send you information about Predenting products or services;
To send you information about products or services that may be of interest to you;
To allow you access to the Site to post your content or communicate with others; and
For testimonials, marketing, advertising, and our guides.
And as otherwise described to you at the point of collection.
California Online Privacy Protection Act:
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Mobile Devices, Phone Calls and SMS:
If you provide Predenting with a telephone number, such as when you purchase, enroll in or use a Predenting Services, you agree that Predenting may contact you by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Predenting.
Disclosure of Your Personal Data:
We may share your Personal Data with third parties for their marketing purposes. We may use your data to contact and follow up with you regarding our Services. We may disclose your Personal Data in response to legal process (i.e. a subpoena or warrant), to protect our rights, to collect debt or missed payments, as otherwise required by law, or for the prevention or detection of a crime. We may share your Personal Data with trusted third parties who are delivering services to Predenting LLC, including those who help deliver our Services, help us process transactions, such as charging your credit card when you make purchases, and otherwise help us operate our business and collect debts. These third parties are not authorized by us to use your Personal Data except in connection with providing services to us or for you. We may share your information with third parties that you have specifically designated as authorized to receive information from us.
If payment for your Service was made by a third party, Predenting LLC may provide that third party with access to your Personal Data and other data.
If we sell our company or part of it, or our business enters into a joint venture with another business entity, we may disclose your Personal Data to our new business partners or owners who may then provide you with information about their products and services.
Your Ability to Choose:
If you do not wish to continue receiving emails from us, you may unsubscribe by clicking on the unsubscribe link in our emails and following directions. If you do not wish to continue receiving SMS messages from us, text “STOP” to +1(805)931-6217. You may also direct us to stop marketing to you by emailing us at Andrew@predenting.com.
Transfer of Data Outside of Your Home Country:
Your Personal Data may be held outside of the United States. Your Personal Data may also be stored, processed and accessed in other countries. You consent to the transfer of your Personal Data outside your country, including to the United States.
Security and Information Retention:
We employ security measures to protect your information both online and offline from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. The Personal Data we obtain from You allows Predenting to deliver smarter, more efficient and more effective services.
Third Party Websites:
Rev. October 2020
Third Party Sellers:
You may be able to link from the Site to third party websites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us.
If You submit or upload comments, reviews, videos, photos, testimonials, essays, stories, feedback, and other content to us (“User Content”) through Site(s), social media communities, survey responses, email, phone or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
Your License to Us
By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, through email, through text, or shared documents, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.
By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
If you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached as follows:
When You set up a Predenting account, You must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. Predenting has the right to terminate your account for any reason at our sole discretion without notice to You.
Mobile Devices, Phone Calls and SMS:
If You provide Predenting with a telephone number, such as when You purchase, enroll in or use a Predenting Service, You agree that Predenting may contact You about your Service and about other Services and opportunities by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Predenting. If you wish to stop receiving SMS messages, text “STOP” to (805)931-6217.
Services may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Consent and Release:
During your Service, Predenting may contact You for feedback related to your Service, You may be photographed or your Service recorded (collectively referred to as "Student Experience Materials"). You agree that Predenting may use the Student Experience Materials for internal and marketing purposes.
These Terms supersede all prior oral or written agreements and constitutes the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect.
Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:
Rev. October 2020