Myoaligner®
Terms and Conditions for Online Courses
1. Definitions:
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine-readable or other form concerning the business, clients, suppliers, finances, and other areas of the other party’s business or products, including, without limitation, the Courses Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Courses Materials” means the information provided by Myoaligner® Academy to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Myoaligner® Academy for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to confidential information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Courses” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Courses and/or the Courses Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Website” means www.myoaligneracademy.com
“you” means the individual purchasing the Services.
2. The Services:
2.1. A description of the Services together with the dates on which the Services will begin are available on our website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3. We expect you to confirm that the Services you are purchasing will meet your needs. 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:
Purchasing Services via the Website
3.1. In order to purchase any of the Services online you must register for an account with us via the Website. If you already have an account with us, you can log into your account using your username and password.
Purchasing Services via the Telephone
3.2. To purchase a Service over the telephone please call (763)363-3336. You do not need to have registered an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your courses online.
3.3. When you place an order for a Service via the Website, or telephone you are offering to purchase the Services on these terms and conditions. Myoaligner® Academy reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have: (a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and (b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more Courses will not be acceptance by us of your offer to purchase any other Courses which make up your order.
3.7. Myoaligner® Academy does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book your exam prior to the relevant closing date any exam necessary that you wish to take, and which may or may not be associated with the subject matter of the Services provided to you by Myoaligner® Academy.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted/confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 48 hours starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Courses, started to use that Online Course, watched any videos, or downloaded any materials from the site or other sites owned and operated by MyoHealth Technologies Inc., then you shall have no right to cancel your order. However, if you have not started any videos or online courses, you can cancel within 48 hours, and we will charge a 3.5% processing fee and refund the rest of the balance within 5-7 business days.
4.3. Notwithstanding clause 4.1 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 entire discretion of Myoaligner® Academy.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of other local taxes, the cost of some Courses Materials and any delivery costs payable in respect of the delivery of Courses Material to you. Each of these costs will be set out on the Website or told to you over the telephone prior to your purchase the Services.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website or purchased over the telephone 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 Courses.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Myoaligner® Academy shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at access onto any Online Courses.
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Myoaligner® Academy aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Courses Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Myoaligner® Academy's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online courses in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Myoaligner® Academy's liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Oregon law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Courses Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Myoaligner® Academy or its licensors, whether adapted, written for or customized for the Client or not.
7.2. You are not authorized to: (i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Courses Materials without prior written permission. (ii) record on video or audio tape, relay by videophone or other means the Online Courses given. (iii) use the Courses Materials in the provision of any other courses or training whether given by us or any third party trainer. (iv) remove any copyright or other notice of Myoaligner® Academy on the Courses Materials. (v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming.