Terms and Conditions for Services
Last Modified August 12, 2019
1. Applicability and Acceptance to the Terms.
(a) These terms and conditions for services (these " Terms") are the only terms that govern the provision
of services by iPrep Inc, dba iPrepDental, a Florida corporation (" Service Provider") to you ("Customer
The following Terms, govern Customer's access to and use of
www.datcourse.com, including its content, functionality, services offered
on or through www.datcourse.com, and its subdomains (" Site(s)"), whether as a guest or a registered user.
(b) The accompanying student agreement (the " Student Agreement") and these Terms (collectively,
this "Agreement") comprise the entire agreement
between the parties, and supersede all prior or contemporaneous
understandings, agreements, negotiations, representations and
warranties, and communications, both written and oral. In the event of
any conflict between these Terms and the Student Agreement, the Student
Agreement shall govern
(c) Please read the Terms carefully before you start to use the Site. By
using the Site, Customer accepts and agrees to be bound and abide by these
(d) These Terms prevail over any of Customer's general terms and
conditions regardless whether or when Customer has submitted its
request for proposal, order, or such terms. Provision of services to
Customer does not constitute acceptance of any of Customer's terms and
conditions and does not serve to modify or amend these Terms.
(e) By using this Site, Customer represents and warrants that he/she is of
legal age to form a binding contract with Service Provider and meet all of
the foregoing eligibility requirements. If Customer does not meet all of
these requirements, Customer must not access or use the Site(s).
2. Services. Service Provider shall provide the services to Customer as
described in the Student Agreement (the "Services") in
accordance with these Terms.
3. Refunds. Refunds are not available.
4. Performance Dates. Service Provider shall use reasonable efforts to
meet any performance dates specified in the Student Agreement, and any
such dates shall be estimates only.
5. Customer's Obligations. Customer shall:
(a) cooperate with Service Provider in all matters relating to the
(b) respond promptly to any Service Provider request to provide
direction, information, approvals, authorizations or decisions that are
reasonably necessary for Service Provider to perform Services in
accordance with the requirements of this Agreement;
(c) provide such customer materials or information as Service Provider
may request in a timely manner and ensure that such customer materials
or information are complete and accurate in all material respects; and
(d) comply with all applicable laws in relation to the Services before
the date on which the Services are to start.
6. Customer's Acts or Omissions. If Service Provider's performance of
its obligations under this Agreement is prevented or delayed by any act
or omission of Customer or its agents, subcontractors, consultants or
employees, Service Provider shall not be deemed in breach of its
obligations under this Agreement or otherwise liable for any costs,
charges or losses sustained or incurred by Customer, in each case, to
the extent arising directly or indirectly from such prevention or
personal information that it collects on the Site(s).
(a) Information Service Provider Collects: Personal Data is any information
about an individual from which that individual can be identified.
Customer's name, address, phone number and bank account number are examples
of personal data. It does not include data where the identity has been
removed (anonymous data). Service Provider collects Personal Data from
Customer in various ways, including when Customer visit the Site(s), create
an account with Service Provider, purchase, enroll in and use Service
Provider's Services, use Service Provider's Apps, answer surveys,
participate in Service Provider's social media communities, such as on
Facebook, and when Customer send Service Provider feedback.
(b) When Customer log-on to Service Provider's websites or to Service
Provider's App(s), Service Provider automatically receives information from
Customer's device, including Customer's IP address and location. Service
Provider and its service providers may use "cookies" to keep, and sometimes
track, information about Customer, and to create a personalized web
experience. Cookies are small data files that are stored on Customer's
device's web browser. Cookies track where Customer travels on Service
Provider's Site and what Customer looks at and purchase. Customer agrees to
Customer when a cookie has been sent to Customer and provide Customer with
the opportunity to refuse that cookie. Service Provider and its service
providers may also use so-called "pixel tags", "web beacons", "clear GIFs"
or similar means (collectively, "Pixel Tags") in connection with some Site
pages and HTML-formatted email messages to, among other things, compile
aggregate statistics about Site usage and response rates. A pixel tag is an
electronic image, often a single pixel (1x1), that is ordinarily not
visible to Site visitors and may be associated with cookies on the
visitors' hard drives. Pixel Tags allow Service Provider to count users who
have visited certain pages of the Site, to deliver branded services, and to
target Service Provider's promotional or advertising campaigns and
determine their effectiveness.
(c) If Customer's parent, school, employer or other third-party purchases
the Services on Customer's behalf, or if an agent refers Customer to
Service Provider, such third parties may provide Service Provider with
Personal Data about Customer, including Customer's first name, last name
and email address. Service Provider may also collect Personal Data about
Customer from Service Provider's business partners, if any.
(d) Use of Customer's Personal Data: Service Provider may use Customer's
Personal Data in the following ways:
(i) For the purpose Customer provided personal data, for example to enroll
or register Customer to allow him/her to receive the Services or respond to
a specific inquiry;
(e) To customize and personalize Customer's learning experience to him/her;
(f) To administer, support, improve and develop Service Provider's
(g) To send information to Customer about Service Provider's products or
(h) To send information to Customer about select third party's products or
services that may be of interest to him/her;
(i) To allow Customer access to the Site to post Customer's content or
communicate with others; and
(j) And as otherwise described to Customer at the point of collection.
(k) Mobile Devices, Phone Calls and SMS: If Customer provides Service
Provider with a telephone number, such as when Customer purchases, enroll
in or uses the Services, Customer agrees that Service Provider may contact
Customer by telephone and/or text message utilizing automated technology at
such telephone number(s). Customer understands that this consent is not
required to purchase goods or services from Service Provider.
(l) Disclosure of Customer's Personal Data: Service Provider does not share
Customer's Personal Data with third parties for their marketing purposes,
though Service Provider may share Customer's Personal Data with other
affiliates of Service Provider. Service Provider may disclose Customer's
Personal Data in response to legal process, to protect Service Provider's
rights, as otherwise required by law, or for the prevention or detection of
a crime. Service Provider may share Customer's Personal Data with trusted
third parties who are delivering services to Service Provider, including
those who help deliver Service Provider's Services, help Service Provider
process transactions, such as charging Customer's credit card when Customer
makes purchases, and otherwise help Service Provider operate Service
Provider's business. These third parties are not authorized by Service
Provider to use Customer's Personal Data except in connection with
providing services to Service Provider. Service Provider may disclose
anonymous data to third parties. Service Provider may also share Customer's
information with third parties that Customer has specifically designated as
authorized to receive information from Service Provider.
(m) If payment for Customer's Program was made by a third party, Service
Provider may provide that third party with access to Customer's Personal
Data and other data. If Service Provider provides Customer access to a
Program in Customer's capacity as a student of a school that has contracted
with Service Provider, Service Provider may share Customer's activity,
performance and other data with Customer's school, even if Customer's paid
for the Program in whole or in part.
(n) If Service Provider sells its company or part of it, or its business
enters into a joint venture with another business entity, Service Provider
may disclose Customer's Personal Data to its new business partners or
owners who may then provide Customer with information about their products
(o) Customer's Ability to Choose: If Customer does not wish to continue
receiving emails from Service Provider, Customer may unsubscribe by
clicking on the unsubscribe link in Service Provider's emails and following
directions. If Customer does not wish to continue receiving SMS messages
from Service Provider, Customer may text "STOP" to Service Provider
7864985212. Customer may also direct Service Provider to stop marketing to
Customer by emailing Service Provider at firstname.lastname@example.org.
(p) Transfer of Data Outside of Customer's Home Country: Customer's
Personal Data will be held in the United States. Customer's Personal Data
may also be stored, processed and accessed in other countries where Service
Provider has facilities or where Customer is located. Customer's consent to
the transfer of Customer's Personal Data outside Customer's country,
including to the United States.
(q) Security and Information Retention: Service Provider employs security
measures to protect Customer's information both online and offline from
access by unauthorized persons and against unlawful processing, accidental
loss, destruction and damage. The Personal Data Service Provider obtains
from students allows Service Provider to deliver smarter, more efficient
and more effective instruction.
(r) Third Party Websites: Some of the products and services advertised on
the Site(s) are sold and delivered by third parties ("Third Party
Sellers"). The Site(s) may also provide links to third party websites. This
third party websites and Service Provider makes no representation about
their data practices or policies.
the Site. Service Provider recommends that Customer checks Service
Provider's Site(s) from time to time to inform himself/herself of any
as they are binding on Customer.
8. Taxes. Customer shall be responsible for all sales, use and excise
taxes, and any other similar taxes, duties and charges of any kind
imposed by any federal, state or local governmental entity on any
amounts payable by Customer hereunder.
9. Intellectual Property. All Services, including Sites, Apps, and
other intellectual property rights, including copyrights, patents,
patent disclosures and inventions (whether patentable or not),
trademarks service marks, trade secrets, know-how and other
confidential information, trade dress, trade names, logos, corporate
names and domain names, together with all of the goodwill associated
therewith, derivative works and all other rights (collectively, " Intellectual Property Rights") in and to all
documents, work product and other materials that are delivered to
Customer under this Agreement or prepared by or on behalf of Service
Provider in the course of performing the Services, including any items
identified as such in the Student Agreement (collectively, the " Deliverables") shall be owned by Service Provider. The
Services provided are for Customer's personal and non-commercial use
only. Customer may not enroll in or use any Service Provider's Services
for the benefit of any competitor of Service Provider. The materials
used by Service Provider to provide its Services, including but not
limited to books, video, audio, text, questions, explanations,
diagrams, images, animations and other content, may not be shared,
re-sold, reproduced, re-published, modified, transferred or distributed
in any way without Service Providers' prior written consent. Customer
may not make any audio and/or video recording of a class or any part of
the Services provided by Service Provider. Subject to Customer's
compliance with the Terms, Service Provider hereby grants Customer a
license to use all Intellectual Property Rights free of additional
charge and on a non-exclusive, worldwide, non-transferable,
non-sublicenseable, fully paid-up, royalty-free and perpetual basis to
the extent necessary to enable Customer to make reasonable use of the
Deliverables and the Services.
10. Confidential Information.
(a) All non-public, confidential or proprietary information of Service
Provider, including, but not limited to, trade secrets, technology,
information pertaining to business operations and strategies, and
information pertaining to customers, pricing, and marketing
(collectively, "Confidential Information"), disclosed
by Service Provider to Customer, whether disclosed orally or disclosed
or accessed in written, electronic or other form or media, and whether
or not marked, designated or otherwise identified as "confidential," in
connection with the provision of the Services and this Agreement is
confidential, and shall not be disclosed or copied by Customer without
the prior written consent of Service Provider. Confidential Information
does not include information that is:
(i) in the public domain;
(ii) known to Customer at the time of disclosure; or
(iii) rightfully obtained by Customer on a non-confidential basis from
a third party.
(b) Customer agrees to use the Confidential Information only to make
use of the Services and Deliverables.
(c) Service Provider shall be entitled to injunctive relief for any
violation of this Section.
11. Disclaimer of Warranties. THE SERVICES ARE PROVIDED "AS IS" AND
SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER
WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF
MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; (D) ACCURACY; WHETHER EXPRESS OR
IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF
TRADE OR OTHERWISE.
12. Limitation of Liability.
IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY
THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE
DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF
ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING
OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR
RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICES THE
AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO
THE STUDENT AGREEMENT AGREEMENT
13. Termination. In addition to any remedies that may be provided under
this Agreement, Service Provider may terminate this Agreement with
immediate effect upon written notice to Customer, if Customer:
(a) fails to pay any amount when due under this Agreement;
(b) has not otherwise performed or complied with any of the terms of
this Agreement, in whole or in part
14. Waiver. No waiver by Service Provider of any of the provisions of
this Agreement is effective unless explicitly set forth in writing and
signed by Service Provider. No failure to exercise, or delay in
exercising, any rights, remedy, power or privilege arising from this
Agreement operates or may be construed as a waiver thereof. No single
or partial exercise of any right, remedy, power or privilege hereunder
precludes any other or further exercise thereof or the exercise of any
other right, remedy, power or privilege.
15. Force Majeure. The Service Provider shall not be liable or
responsible to Customer, nor be deemed to have defaulted or breached
this Agreement, for any failure or delay in fulfilling or performing
any term of this Agreement when and to the extent such failure or delay
is caused by or results from acts or circumstances beyond the
reasonable control of Service Provider including, without limitation,
acts of God, flood, fire, earthquake, explosion, governmental actions,
war, invasion or hostilities (whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest, national
emergency, revolution, insurrection, epidemic, lock-outs, strikes or
other labor disputes (whether or not relating to either party's
workforce), or restraints or delays affecting carriers or inability or
delay in obtaining supplies of adequate or suitable materials,
materials or telecommunication breakdown or power outage
16. Assignment. Customer shall not assign any of its rights or delegate
any of its obligations under this Agreement without the prior written
consent of Service Provider. Any purported assignment or delegation in
violation of this Section is null and void. No assignment or delegation
relieves Customer of any of its obligations under this Agreement.
17. Relationship of the Parties. The relationship between the parties
is that of independent contractors. Nothing contained in this Agreement
shall be construed as creating any agency, partnership, joint venture
or other form of joint enterprise, employment or fiduciary relationship
between the parties, and neither party shall have authority to contract
for or bind the other party in any manner whatsoever.
18. No Third-Party Beneficiaries. This Agreement is for the sole
benefit of the parties hereto and their respective successors and
permitted assigns and nothing herein, express or implied, is intended
to or shall confer upon any other person or entity any legal or
equitable right, benefit or remedy of any nature whatsoever under or by
reason of these Terms.
19. Governing Law. All matters arising out of or relating to this
Agreement are governed by and construed in accordance with the internal
laws of the State of Florida without giving effect to any choice or
conflict of law provision or rule (whether of the State of Florida or
any other jurisdiction) that would cause the application of the laws of
any jurisdiction other than those of the State of Florida.
20. Notices. All notices, requests, consents, claims, demands, waivers
and other communications hereunder (each, a "Notice")
shall be in writing and addressed to the parties at the addresses set
forth in the Student Agreement or to such other address that may be
designated by the receiving party in writing. All Notices shall be
delivered by personal delivery, nationally recognized overnight courier
(with all fees pre-paid), facsimile (with confirmation of transmission)
or certified or registered mail (in each case, return receipt
requested, postage prepaid). Except as otherwise provided in this
Agreement, a Notice is effective only (a) upon receipt of the receiving
party, and (b) if the party giving the Notice has complied with the
requirements of this Section.
21. Severability. If any term or provision of this Agreement is
invalid, illegal or unenforceable in any jurisdiction, such invalidity,
illegality or unenforceability shall not affect any other term or
provision of this Agreement or invalidate or render unenforceable such
term or provision in any other jurisdiction.
22. Amendment and Modification. This Agreement may only be amended or
modified in a writing which specifically states that it amends this
Agreement and is signed by an authorized representative of each party.
23. Arbitration and Class/Collective Action Waiver. Any controversy
or claim arising out of or relating to this Agreement, or the breach
thereof, shall be settled by binding arbitration in Miami-Dade County,
Florida, USA, in accordance with the Commercial Arbitration Rules of the
American Arbitration Association, and judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof. The
arbitration shall be conducted in the English language before and by a
single arbitrator selected by the parties. If the parties have not selected
an arbitrator within ten (10) days of written demand for arbitration, the
arbitrator shall be selected by the American Arbitration Association
pursuant to the then current rules of that Association. The expenses of
arbitration shall be divided equally between the parties. The duty to
arbitrate shall survive the cancellation or termination of this Agreement.
To the maximum extent permitted by law, should Customer wish to initiate a
legal action against Service Provider in arbitration, Customer waives 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 Service Provider or a related entity is a party.
The same applies to Service Provider 's legal actions against Customer.
Thus, Customer and Service Provider agree that each may bring claims in
arbitration against the other only in Customer or its individual capacity
and not as a plaintiff or class member in any purported class. Further,
unless both Customer and Service Provider agree otherwise, the arbitrator
may not consolidate more than one person's claims and may not otherwise
preside over a representative or class proceeding.
constitute the sole and entire agreement between you and Service Provider
with respect to the Site(s) and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both written
and oral, with respect to the Site(s).
25. Your Comments and Concerns. This Site is operated by iPrep Inc.,
a Florida corporation, located at 7344 SW 48th St, Suite 103, Miami, FL
26. All other feedback, comments, requests for technical support and other
communications relating to the Site should be directed to: