Terms of Use - Trapezio

PLEASE READ THE FOLLOWING CAREFULLY. IT IS A LEGALLY BINDING DOCUMENT AND GOVERNS YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THIS WEBSITE.

General

Trapezio, LLC (formerly The Academy of Orthodontic Assisting) maintains this website at www.trapezio.com (this website and any and all Content (as defined below) are the “Website”) to provide you (an individual, corporation or other entity) with information about our products and services and access to our Online Course materials. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM AS FULLY AS YOU WOULD BE IF THEY WERE SET FORTH IN A WRITTEN CONTRACT SIGNED BY YOU. YOUR USE OF THIS WEBSITE IS YOUR INDICATION TO TRAPEZIO THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE. ONCE ACCEPTED BY YOU, AS EVIDENCED BY YOUR USE OF THIS WEBSITE, THESE TERMS OF USE CONSTITUTE A CONTRACT BETWEEN YOU AND TRAPEZIO.

Trapezio reserves the right to change these Terms of Use from time to time at its sole discretion, and these changes will be effective once they are posted on the Website. It is your responsibility to check these Terms of Use regularly, and you agree that changes to these Terms of Use will be binding upon you when posted, even if you do not check these Terms of Use for changes. In the event of any violation of these Terms of Use, Trapezio may, in its discretion, suspend or terminate your access to the Website and/or Content, terminate this agreement between you and Trapezio or any part thereof, and/or seek all remedies available to it at law or in equity for such violations, including injunctive relief. Upon written or electronic mail notice of suspension or termination from Trapezio to you, you shall immediately terminate your access to, and use of, this Website and any Content.

User Types

General User – a user who accesses the Website for informational purpose only, and who is not then a Student User or a Subscription User.

Student User – a user who has paid a tuition fee to Trapezio in order to access the password-protected sections of the Website, including the course content and whose term of access to the Website has not expired.

Subscription User – a user who has obtained access under a group license through a paid subscription. Group licenses are limited to private practice dental professionals. If you do not meet these specific criteria for a subscription account in their most literal sense, please email info@trapezio.com or call toll-free 877-976-4536 for direction in how to gain a user license. The doctor or his/her appointee is authorized to grant access to employees only. Access by anyone other than a current employee is strictly prohibited. Your subscription is renewable upon expiration.

Subscription Administrator User – a user who has been granted administrator access to a practice account within the Trapezio system. This user has access to user information limited to the practice account. Administrators can add users, assign course access, monitor user progress, and print certificates of completion.

ALL OF THESE TERMS OF USE APPLY TO YOU, WHETHER YOU ARE A GENERAL USER, A STUDENT USER, A SUBSCRIPTION USER, OR A SUBSCRIPTION ADMINISTRATOR USER.

User Conduct

Sharing of usernames and passwords is strictly prohibited. You are responsible for any acts or omissions of any person accessing or using the Website via a username and password assigned to you, whether you authorized such access or use or not.
Cheating on tests is strictly prohibited. This includes sharing of answers and looking at lesson material, notes, or any textbook while testing. Trapezio may invalidate (without any refund to you) any and all scores with respect to any tests in which it reasonably suspects cheating has occurred
Printing of course slides and images is strictly prohibited, except for that material which is included as an “Attachment” to program lessons.
You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive information.

Limited License

Trapezio grants you a limited, nonexclusive, nontransferable, terminable personal license to utilize (subject to all of these Terms of Use (including the restrictions set forth in the paragraph below called “Content”)) this Website and the Contents subject to the provisions of these Terms of Use. Trapezio reserves all rights not expressly granted by these Terms of Use. Any unauthorized use of this Website or its contents shall terminate the rights granted to you by these Terms of Use.

Content

The design, layout, documents, logos, graphics, sounds, images, lessons, tests, software, compilation (meaning the collection, arrangement, and assembly) of all content on the Website, and all other features and components of this Website or contained in this Website (“Content”) may be protected by patent, copyright, trade secret, trademark, unfair competition, and/or other U.S. and international laws. Reproduction (including printing), transmission, public display, public performance, creation of derivative works or distribution of any portion of the Content or this Website in any form or by any means, electronic or mechanical, including photocopying, recording, storing in an informational retrieval system is strictly prohibited unless specifically authorized by Trapezio in a separate written document signed by Trapezio.

Copyright Notice

Trademark Information

Trapezio, Academy of Orthodontic Assisting SM, AOA SM, “Training for a career filled with smiles”, and its stylized registered logo “AOA Academy of Orthodontic Assisting” are trademarks and/or servicemarks (as indicated herein) of Trapezio, LLC and are protected by U.S. and international trademark laws. Any use of these trademarks or servicemarks without Trapezio’s express written permission is strictly prohibited.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Website, including the Administrative and Student (Lessons, Tests, Resume and Community) sections, is restricted to Trapezio, Student Users and Subscription Users only. Unauthorized access to these areas of the Website is strictly prohibited.

Compliance With Applicable Laws

Content is made available only to provide information about Trapezio’s products and services and to deliver its training courses. Trapezio administers and operates this Website from its corporate headquarters in the State of Georgia, United States of America. Trapezio makes no representation that the Content is appropriate or available for use in any other locations. You are responsible for compliance with, and agree you will comply with, all laws governing your access and use of this Website and/or any Content, and all applicable federal, state, and local laws govern your access to this Website. Information available on this Website may be subject to U.S. export control laws and may also be subject to the laws of the country in which you reside.

Warranty Disclaimer

Although Trapezio has attempted to provide accurate information on this Website, Trapezio assumes no responsibility for the accuracy of the Content or this Website.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND ALL CONTENT IS PROVIDED “AS IS.” TRAPEZIO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE OPERATION, CAPABILITIES OR PROPERTIES OF THE WEBSITE OR ANY CONTENT. TRAPEZIO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE WEBSITE, THE CONTENT AND ANY OTHER MATERIAL PROVIDED TO YOU BY TRAPEZIO, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TRAPEZIO DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT IS ERROR-FREE, THAT ITS OPERATION WILL BE UNINTERRUPTED, OR THAT IT WILL MEET ANY PARTICULAR USER REQUIREMENTS, AND TRAPEZIO HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRAPEZIO MAKES NO WARRANTY, AND PROVIDES NO ASSURANCES, THAT THE CONTENT WILL MEET CERTIFICATION REQUIREMENTS OF ANY REGULATORY, LICENSING AGENCY, OR OTHER THIRD PARTY, WITHIN OR OUTSIDE OF THE UNITED STATES. TRAPEZIO RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AND THE CONTENT WITHOUT NOTICE. THESE TERMS OF USE SHALL APPLY TO ANY SUCH CHANGES.

Limited Remedies

TRAPEZIO SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING FROM THIS WEBSITE OR ANY CONTENT, USE OR INABILITY TO USE THIS WEBSITE, OR RELATED TO THESE TERMS OF USE, EVEN IF TRAPEZIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAPEZIO SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE WEBSITE OR ANY CONTENT.

LOCAL LAW MAY PROVIDE YOU WITH GREATER WARRANTIES OR LIMIT THE LIMITED REMEDIES SET FORTH ABOVE. ANYTHING IN THESE TERM OF USE TO THE CONTRARY NOTWITHSTANDING, TRAPEZIO’s TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, OR TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR OTHER CAUSE OF ACTION) WILL NOT BE GREATER THAN THE GREATER OF 1) THE AMOUNT YOU PAID FOR THE ASSOCIATED TRAINING COURSE(S) YOU HAVE PURCHASED FROM TRAPEZIO OR 2) $100.00.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRAPEZIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, OR EXPENSES, INCLUDING REASONABLE ATTORNEY FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THIS WEBSITE OR THE CONTENT, EXCEPT FOR HARMS ARISING DIRECTLY OUT OF TRAPEZIO’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Links to Third Party Sites

This Website contains links to third party websites. Access to, and use of, any third party website linked to this Website is at your own risk and Trapezio is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements set forth in these other websites or any acts or omissions in connection therewith. Trapezio provides these links merely as a convenience and the inclusion of such links does not imply an endorsement by or affiliation with Trapezio and shall not result in any liability to Trapezio.

Choice of Law, Jurisdiction and Venue

THESE TERMS OF USE SHALL FOR ALL PURPOSES BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, IN THE UNITED STATES OF AMERICA, AS THOSE LAWS ARE APPLIED TO CONTRACTS ENTERED INTO AND TO BE PERFORMED ENTIRELY IN GEORGIA BY GEORGIA RESIDENTS, NOTWITHSTANDING ANY PRINCIPLES OF CONFLICTS OF LAW. ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS THESE TERMS OF USE SHALL BE COMMENCED IN A FEDERAL COURT IN ATLANTA, GEORGIA OR IN STATE COURT IN COBB COUNTY, GEORGIA, AND YOU HERETO IRREVOCABLY SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH COURT IN ANY SUCH SUIT, ACTION, OR PROCEEDING AND WAIVE ANY RIGHT WHICH YOU MAY HAVE TO TRANSFER OR CHANGE THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING AND ANY DEFENSE BASED ON LACK OF JURISDICTION, EXCEPT THAT IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING COMMENCED IN A STATE COURT, EACH PARTY TO THE SUIT RETAINS WHATEVER RIGHT IT MAY HAVE TO REMOVE SUCH SUIT, ACTION OR PROCEEDING TO FEDERAL COURT IN GEORGIA.

Attorney Fees

If any legal action or proceeding is brought for the enforcement of these Terms of Use or arises from the alleged breach, dispute, default or misrepresentation in connection with any of the provisions of these Terms of Use, the prevailing party or parties shall be entitled to recover reasonable attorney fees and other costs incurred as a result of the legal action or proceeding, subject to any applicable limitations on liability herein.

Entire Agreement

These Terms of Use, Trapezio’s Privacy Policy, and any end user license agreement or purchase contract between you and Trapezio constitute the entire agreement between you and Trapezio with respect to this Website, and supersedes all prior communications, proposals or negotiations.

In the event any portion of these Terms of Use, Trapezio’s Privacy Policy, and any end user license agreement or purchase contract between you and Trapezio is or becomes or is declared invalid or void by any court or tribunal of competent jurisdiction, such term(s) shall be null and void and shall be deemed severed, and all remaining terms shall remain in full force and effect.

Miscellaneous Information

Certificates: Certificates signifying satisfactory completion of applicable Trapezio course(s) (at least a 75% average test score) will be issued after completion of the entire program and all tuition fees are paid in full.

Incidental Costs: Tuition does not cover any costs related to Internet access or telephone calls that you may incur during course participation, or otherwise in the accessing or use of the Website or any Content.

Upgrades: You understand that it may be necessary from time to time for Trapezio or its contractor to perform upgrades and enhancements to the Website, Online Lessons, Tests, and other Content which may render it inaccessible for short periods of time. Trapezio will attempt, but is not obligated, to notify you of any scheduled outages. If you have not been notified of such instances, please let us know so we may remedy the situation.

Placement Assistance: Placement assistance is provided in two forms:

Allowing individuals to post their resumes on Trapezio.com and
Allowing practices/potential employers to post job openings on Trapezio.com.

It is understood that Trapezio does not and cannot promise or guarantee employment, nor level of income or wage rate to any student or graduate. Trapezio is not responsible for, and shall have no liability whatsoever for, any acts or omissions of persons who contact you as a result of your resume being posted on the Website.

Refund Policy

All purchases are considering non-cancellable for the subscription period. Trapezio reserves the right to refuse any request for a refund. If a refund is granted, it may be subject to a $120 administrative fee. Trapezio may, at its discretion, temporarily place course access on hold or transfer the license to another user under the same employer, at the request of the customer. Transfer of a user license will not be granted if more than 25% of the course in question has been completed.