Welcome, and thank you for visiting, accessing, browsing, interacting with, or otherwise using in any manner whatsoever the website located at tmjtherapycentre.com (hereinafter referred to as the “Site,” “Website,” “Platform,” “Service,” or “Online Service”) operated, owned, maintained, managed and controlled by TMJ & Sleep Therapy Centre International, including all subsidiaries, affiliated entities, divisions, successors, assigns, representatives, officers, directors, employees, agents, licensors and any third parties acting on our behalf (collectively “we,” “us,” “our,” or “Company”). By your accessing, visiting, browsing, using, submitting information to, or otherwise interacting with this Site in any capacity, format or medium, whether through computer, mobile device, tablet or other electronic or mechanical means (collectively “Access”), you hereby unconditionally and irrevocably acknowledge, agree, accept and consent to be legally bound by and strictly comply with these Terms and Conditions of Use and Access (the “Terms,” “Agreement,” or “Terms and Conditions”), as well as the Privacy Policy, Cookie Policy and any other policies, guidelines or documents that are incorporated herein by reference and accessible via the Site, as they exist now or as may be modified, supplemented, amended or updated from time to time (collectively, the “Policies”). If you do not agree to any of these Terms and Conditions or Policies in their entirety, you must immediately cease all use, access and interaction with the Site and any services or content provided therein and exit the Site without delay.

1. Acceptance and Acknowledgment of Terms and Conditions

By your voluntary, affirmative, explicit and unequivocal act of accessing, using, browsing, navigating, or otherwise interacting with the Site in any manner whatsoever, you expressly affirm, warrant, represent, acknowledge, accept and agree that you have read, understood and consented to be bound by these Terms and Conditions in their entirety, as well as all applicable Policies referenced herein, which together constitute a legally enforceable agreement between you, whether an individual or an entity, and TMJ & Sleep Therapy Centre International. You agree that these Terms apply to all users of the Site, including but not limited to visitors, browsers, customers, clients, account holders, registrants, content contributors, licensors and others who access or use the Site. Your acceptance of these Terms includes your agreement to abide by all provisions, covenants, warranties, disclaimers, indemnities, limitations and requirements contained herein. We reserve the absolute, unconditional, exclusive and sole right at any time and from time to time, at our sole discretion and without prior notice or obligation to you, to revise, amend, modify, update, supplement or replace these Terms and any Policies in whole or in part. Your continued use of the Site following the posting of any changes or modifications constitutes your binding acceptance and agreement to such changes, regardless of whether you have reviewed them.

2. Changes to Terms and Conditions; Your Responsibility to Review

We expressly reserve and retain the unrestricted right, without limitation, to change, modify, update, remove, suspend or discontinue any aspect, feature, functionality, content or service of the Site at any time and for any reason whatsoever, with or without prior notice or liability. We may also update, modify or revise these Terms and/or the Policies at any time, and such updates will become effective immediately upon being posted on the Site or otherwise communicated to you by any lawful means. It is your sole, exclusive and ongoing responsibility to periodically review these Terms and the Policies to remain informed of any such updates or changes. Failure to regularly review the Terms does not absolve you from being bound by such changes. Your continued use, access or interaction with the Site after such changes shall constitute your conclusive acceptance of and agreement to the modified Terms.

3. Eligibility and Compliance

You represent, warrant and covenant that you:

  • Are at least the age of majority in your jurisdiction of residence, or the age at which you may legally enter into binding contracts;
  • Have full power, authority, legal capacity and rights to enter into this Agreement and comply with all its terms;
  • Will use the Site strictly in accordance with all applicable local, state, national and international laws, statutes, regulations, codes and ordinances;
  • Are not currently barred or prohibited from accessing or using the Site by any judicial, governmental or administrative order or decree.

4. Permitted and Prohibited Use of the Site and Services

You agree that you shall use the Site, Services, Content and any associated software, applications or tools (collectively “Services”) solely for lawful, legitimate and authorized purposes consistent with these Terms and all applicable laws. You shall not, and shall not permit or enable any third party to:

  • Engage in any conduct or activity that constitutes, encourages, promotes or facilitates illegal, fraudulent, deceptive, defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, libelous, invasive of privacy, racially or ethnically offensive, or otherwise objectionable behavior;
  • Attempt to gain unauthorized access to the Site, Services, user accounts, systems or networks through hacking, password mining, phishing, spoofing, denial-of-service attacks, or other malicious or unlawful means;
  • Use any automated systems, robots, spiders, crawlers, data miners, scrapers or other automated means to access, collect, monitor or copy any content, data or information from the Site without our prior express written consent;
  • Introduce viruses, malware, spyware, worms, trojans or any other malicious code or harmful components;
  • Circumvent, disable, interfere with, or attempt to circumvent or interfere with any security features, authentication measures or usage limits imposed on the Site;
  • Transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation;
  • Reproduce, distribute, publicly perform, display, modify, create derivative works of, or otherwise exploit any part of the Site or Content without express authorization.

5. Intellectual Property Ownership and Restrictions

All Content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, source code, data compilations, designs, trademarks, service marks, trade names and all other materials available on or through the Site (collectively “Content”), is the sole and exclusive property of TMJ & Sleep Therapy Centre International, its licensors, or other third parties who have granted rights to us, and is protected under domestic and international copyright, trademark, patent, trade secret and other proprietary rights laws and treaties. You are granted no rights or licenses whatsoever, express or implied, to use, reproduce, distribute, republish, post, transmit, modify, adapt, translate, create derivative works from, sell, license or exploit the Content in any way except as expressly permitted herein or through separate written agreement.

6. User Submissions and License to Use

If you submit, post, upload or otherwise provide any information, content, data, materials, messages, comments, suggestions or other user-generated content (“User Content”) through or in connection with the Site, you hereby grant to us a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free, sublicensable license to use, reproduce, distribute, prepare derivative works of, publicly perform, publicly display, transmit, publish and exploit such User Content in any manner and medium now known or hereafter devised. You represent and warrant that you own or otherwise control all rights in and to the User Content and have the right to grant this license without violating any third-party rights. You agree that we may use your User Content for any lawful purpose whatsoever, including but not limited to promotional, marketing and commercial purposes, without any compensation or attribution to you.

7. Privacy and Data Protection

Your privacy is very important to us. Please refer to our Privacy Policy, which explains in detail how we collect, use, protect and disclose your personal information. By using tmjtherapycentre.com, you consent to our collection and use of your data as described in the Privacy Policy.

8. Disclaimers and No Warranty

The Site, Services and all Content are provided on an “as is,” “as available,” “with all faults,” and “as-is-where-is” basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, completeness or reliability. We do not guarantee that the Site or Services will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected. Your use of the Site is at your sole risk.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall TMJ & Sleep Therapy Centre International, its affiliates, licensors, officers, directors, employees, agents or suppliers be liable for any indirect, incidental, special, consequential, punitive or exemplary damages whatsoever, including but not limited to loss of profits, business interruption, loss of data or other intangible losses, arising out of or in connection with your use of, or inability to use, the Site or Services, even if advised of the possibility of such damages.

10. Indemnification

You agree to defend, indemnify and hold harmless TMJ & Sleep Therapy Centre International and its affiliates, officers, directors, employees, agents, licensors and suppliers from and against any and all claims, demands, liabilities, damages, losses, costs and expenses (including attorneys’ fees and investigation costs) arising out of or relating to: (i) your breach of these Terms; (ii) your violation of applicable law; (iii) your use or misuse of the Site; or (iv) your User Content.

11. Termination or Suspension

We reserve the right to terminate or suspend your access to the Site or Services, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms or illegal or abusive conduct. Upon termination, all rights granted to you under these Terms will immediately cease.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You irrevocably submit to the exclusive jurisdiction and venue of the courts located in San Diego County, California, for any disputes arising out of or relating to these Terms or your use of the Site.

13. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and such invalid provision shall be modified to the minimum extent necessary to make it enforceable.

14. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and TMJ & Sleep Therapy Centre International regarding the use of the Site, superseding any prior agreements or understandings.

15. Payment and Billing Terms

If the Site or Services you access include any paid components, fees, subscriptions or purchases (collectively “Payments”), you agree to provide accurate, current and complete payment information as requested. You authorize us and our payment processors to charge the payment method you provide for all applicable fees and taxes associated with your use of the Services. All payments are non-refundable except as expressly set forth herein or required by law. You are responsible for all charges incurred under your account, including any applicable taxes, service fees and third-party charges. We reserve the right to change our fees, charges and billing methods at any time, with notice as required by law. Failure to pay may result in suspension or termination of your access to paid Services.

16. Subscription and Cancellation Policies

If you subscribe to any recurring Services or products through the Site, your subscription will continue automatically until you cancel. You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of the current billing period, and you will not be charged thereafter. We do not provide refunds or credits for partial subscription periods or unused services unless otherwise stated. We reserve the right to suspend or terminate your subscription for non-payment, violation of these Terms, or for any other reason at our sole discretion.

17. Refunds and Chargebacks

Refunds for payments made through the Site will be granted only in accordance with our refund policy or as required by law. If you believe you have been charged in error, please contact us promptly at 877.865.4325 or via email at education@tmjtherapycentre.com before initiating any chargeback or dispute with your payment provider. You agree not to initiate any chargeback or dispute without first contacting us to attempt resolution. Any unauthorized chargebacks may result in suspension or termination of your access to the Site and forfeiture of any amounts paid.

18. Third-Party Links and Disclaimers

The Site may contain links to third-party websites, services, advertisements or resources that are not owned, controlled or operated by us. We do not endorse or assume any responsibility for the content, privacy policies or practices of any third parties. Your use of third-party links is at your own risk, and you should review their terms and privacy policies independently. We disclaim all liability arising from your use of third-party content or services.

19. Arbitration and Dispute Resolution Procedures

To the fullest extent permitted by law, you agree that any dispute, claim or controversy arising out of or relating to these Terms or your use of the Site shall be resolved exclusively by binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration provider. The arbitration shall take place in San Diego, California, before a single arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You waive any right to a trial by jury or to participate in a class action or representative proceeding. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use or infringement of intellectual property rights.

20. Specific Country or Region-Related Clauses

If you access or use the Site from jurisdictions outside of the United States, you acknowledge and agree that you are solely responsible for compliance with applicable local laws and regulations, including but not limited to data privacy, consumer protection and export control laws. TMJ & Sleep Therapy Centre International makes no representation that the Site or its Services are appropriate or available for use in other locations, and access from territories where content is illegal is prohibited. By using the Site from outside the United States, you agree to comply with all applicable laws and regulations and to indemnify us for any violations.

21. Cancellation Policy

All refunds will be issued via USD check from our corporate office, regardless of how the payment was made. Cancellations must be made in writing before the start of the program listed on the registration invoice and will be refunded in full less 10% of the fees collected. We are unable to offer a refund within 30 days of a session due to non-refundable commitments; in the event that you cannot attend a session, arrangements can be made to attend the missed session at a later date. See the full Cancellation Policy for details.

22. Contact Us

If you have any questions or concerns about these Terms, please contact us at:
TMJ & Sleep Therapy Centre International
7879 El Cajon Blvd
La Mesa, CA 91942
Office: 877.865.4325
Mobile: 619.861.7217
Email: education@tmjtherapycentre.com