Terms of use

Terms of use of the site


Updated last on April 6, 2021

 

1.          Introduction

 

L’Institut C.L.E.A.R. Inc. / The C.L.E.A.R. Institute Inc. (“us”, “we”, or “our” or the “C.L.E.A.R.”) operates the *.theclearinstitute.com website (hereinafter referred to as the “Site”).

 

Our goal and the C.L.E.A.R.’s purpose is to: (i) deliver in-person and online clear aligner training courses to dental health professionals (including, without limitations, for clear aligners); (ii) offer an online platform for the marketing and delivery of educational content; and (iii) perform various services related to education and content production with respect to clear aligners, including training courses, private consultation sessions, seminars and/or workshops; to general dentists and to their practice teams (including, without limitations, dental hygienists and other practice employees).

 

This page informs you of the terms and conditions upon which you are allowed to use our Site and our Applications.

 

By using the Site or our Applications, you agree to the following Terms of Use, to which you are legally bound.

 

The Site and our Applications are for your personal and non-commercial use only.

 

Unless otherwise defined in these Terms of Use, the terms used in these Terms of Use have the same meanings as in our Privacy and Data Protection Policy, accessible here.

 

2.          Definitions

 

Applications” means any of the C.L.E.A.R.’s website, digital platform, social media page or account (for example on Facebook, Twitter, Instagram or LinkedIn), software or application;

 

Intellectual Property means patents, copyrights, trademarks (and the goodwill associated with any of the foregoing), and the rights arising therefrom, whether registered or unregistered and applications for registration thereof, and business names, logos, trade secrets, industrial secrets, contents, strategies, scenarios, softwares, applications, processes, techniques, technologies, know-how, improvements, ideas, concepts, images, videos, publications, data, computer files, programs, codes, inventions (patented or not), discoveries, improvements, devices, notes, recordings, ledgers, reports, and analysis;

Site” means the *theclearinstitute.com website operated by L’Institut C.L.E.A.R. Inc. / The C.L.E.A.R. Institute Inc.;

 

Terms of use” means these terms of use of the Site and the Applications;

 

User” means any living individual who is using the Site or our Applications.

 

3.          Intellectual property

 

3.1       The format and content of the Site and the Applications, including any Intellectual Property available on the Site or the Applications, are protected by Quebec and Canada’s laws on intellectual property and the C.L.E.A.R. is the exclusive owner of such Intellectual Property or uses it under license.

 

3.2       The domain name “*theclearinstitute.com” is the exclusive property of the C.L.E.A.R.

 

3.3       The User is forbidden to reproduce, for diffusion or for any other commercial use, by any mean whatsoever, the trademarks, logos, texts, codes, programs, videos, pictures, images, data and other Intellectual Property contained on the Site or the Applications. The reproduction for diffusion can however be requested by a written demand to the C.L.E.A.R., through the “Contact us” form available in the “Contact Us” section of the Site. Once the C.L.E.A.R.’s approval has been obtained, the User must follow the C.L.E.A.R.’s instructions on this matter.

 

3.4       The User acknowledges that the products and services offered by the C.L.E.A.R. on the Site and on the Applications are protected by Intellectual Property rights of which the C.L.E.A.R. is the exclusive owner or which it uses under license.

 

3.5       The User must not, directly or indirectly, violate, create confusion with or contest the validity of Intellectual Property owned, controlled, registered, or used under license by the C.L.E.A.R.

 

4.          Responsibility of the User

 

4.1       The User is entirely responsible for his use of the information and contents of the Site or the Applications.

 

4.2       Any use of the Site or the Applications by the User of which the direct or indirect consequence is to cause a prejudice to the C.L.E.A.R. is subject to compensation to the C.L.E.A.R.

 

4.3       The User who wants to register for a course, a conference, a seminar, a private consultation session (online or in person), to the C.L.E.A.R.’s newsletter or to any other aspect of the Site or the Applications must provide accurate information where he is concerned and can create only one account.

 

4.4       The User is responsible for the risks pertaining to the use of his connexion identifier and his password. He shall not, in any event, share his password, give access to his account to other persons or transfer his account to someone else. The C.L.E.A.R. waives any liability with respect to the disclosure of the User’s password.

 

4.5       The User who is a dentist or another professional shall not publish, on the Site or an Application, any content (text, picture, video) which could permit the identification of one of its patients or which would constitute a violation of the professional secrecy to which he is bound, or else, the User will be liable for the consequences and will indemnify the C.L.E.A.R. for any prejudice it would suffer in case of a violation of the User’s obligation provided in this paragraph. The C.L.E.A.R. may, at its entire discretion, immediately modify or delete any such content.

 

5.          Responsibility of the C.L.E.A.R.

 

5.1       The CL.E.A.R. does not guarantee uninterrupted access to the Site, the Applications or the contents of the links offered on the Site or the Applications.

 

5.2       Any malfunction of the server or network cannot entail the liability of the CL.E.A.R.

 

5.3       The CL.E.A.R. is not in any way liable for the eventual transmission of a computer virus in any manner whatsoever. The exploration of the Site or the Applications or the downloading of images from the Site or the Applications are entirely at the User’s risks.

 

5.4       The liability of the C.L.E.A.R. cannot be entailed in case of force majeure, acts of god or any unforeseeable or insurmountable event.

 

5.5       The User releases the CL.E.A.R. of any responsibility which may arise from the use of inaccurate information provided on the Site or the Applications.

 

5.6       The C.L.E.A.R. undertakes to implement all necessary means to guarantee the security or confidentiality of data contained in the Site or the Applications. However, the C.L.E.A.R. does not guarantee a total security.

 

5.7       The C.L.E.A.R. does not guarantee the reliability of its sources, even though the information communicated on the Site or the Applications is deemed reliable.

 

5.8       The opinions and comments published by Users on the Site or the Applications reflect solely the opinions of their authors, and the C.L.E.A.R. cannot be held liable for them.

 

5.9       The Site and the Applications may contain links to third-party websites. These external websites are not exploited by the C.L.E.AR. and the CL.E.A.R. assumes no responsibility for the content, data policies or practices of these websites. Consequently, the C.L.E.A.R. recommends to the User to consult the data policies and general terms of use of these websites. The links to other websites, as the case may be, are provided as references and for convenience only.

 

6.          Netiquette

 

6.1       The netiquette regroup all the conventions governing the behavior of the User applicable to the publication of content on the Site or the Applications.

 

6.2       The comments on the Site or the Applications are welcomed and encouraged. However, the publications and the exchanges must be harmonious. The C.L.E.A.R. relies on the good judgment of the User to show courtesy and respect in its interventions. The C.L.E.A.R. reserves its right to delete, without notice, the comments which do not fit the following rules of good conduct:

 

6.2.1         Before publishing a comment, ensure that it is connected to the initial subject. Out-of-subject comments could be withdrawn;

 

6.2.2         The use of capital letters is the equivalent of screaming and could be interpreted as aggressiveness. Use capital letters for acronyms only;

 

6.2.3         Injurious or aggressive comments have no place on the Site or the Applications. Personal attacks will not be tolerated and will be deleted;

 

6.2.4         Advertisement is not accepted;

 

6.2.5         A link can be inserted in a comment, subject to it being relevant and not being an alibi for disguised marketing;

 

6.2.6         Hainous, diffamatory, menacing, racist, homophobic, sexist comments or comments of sexual nature or any statement violating the law will not be accepted;

 

6.2.7         Verify the sources of the information that you publish to avoid disinformation or rumors. Quote your references;

 

6.2.8         Accusations without proof, the publication of illegal contents, the deformation of facts, the lies, the disinformation, the attempts at excessive controversy or partisanship or propaganda (direct or indirect) will not be accepted;

 

6.2.9         The respect of privacy is important for the C.L.E.A.R. We ask you to exclude any personal information from your comments (e.g. phone numbers, email addresses, information on patients, etc.);

 

6.2.10      All comments are read and considered. It is useless to hammer in and repeat your comments multiple time;

 

6.2.11      The C.L.E.A.R. reserves its right to withdraw a comment written in a language other than French or English.

 

6.3       Persons who do not comply with the above-mentioned rules of good conduct can see their comments withdrawn without notice.

 

6.4       The C.L.E.A.R. reserves its right to refuse to answer to a comment of which the author is not clearly identified (suspected anonymous account or an account suspected to use a false identity).

 

6.5       Moreover, the moderators of the C.L.E.A.R. quickly spots the trolls (individuals who persists in starting discussions on subjects that annoys or angry people or who deliberately sow discord between many people) and the spammers. The moderators will systematically block accounts of these types.

 

7.          Changes to These Terms of Use

 

We may update these Terms of Use from time to time. We will notify you of any changes by posting the new Terms of Use on this page.

 

We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the “last update” at the top of these Terms of Use.

 

You are advised to review these Terms of use periodically for any changes. Changes to these Terms of Use are effective when they are posted on this page.

 

8.          Contents Property and Sponsorships

 

The C.L.E.A.R. devotes all its efforts to retain the services of high-quality and recognized educators in our field of activities. We present original, objective and high-quality educational contents.

 

All such contents are the exclusive property of the C.L.E.A.R. and have been developed independently and in accordance with the state of the art.

 

The C.L.E.A.R. is sponsored by Align Technology, Inc.

 

Align®, the Align® logo, Invisalign®, the Invisalign® logo, iTero®, the iTero® logo and Vivera®, ClinCheck® and ClinCheck Pro®, among others, are trademarks and/or service marks of Align Technology, Inc. or one of its subsidiaries or affiliated companies and may be registered in the U.S. and/or other countries.

 

9.          Governing Law and Jurisdiction

 

The execution, construction and validity of these Terms of Use is governed by the laws of the Province of Quebec and the Canadian federal laws applicable therein, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction, other than those applicable in the Province of Quebec, Canada.

 

The Courts of the judicial district of Longueuil, Province of Quebec, Canada, to which the C.L.E.A.R. and the User hereby expressly attorn, shall have exclusive jurisdiction with respect to any proceeding arising or in connection, in any way, with these Terms of Use.

 

10.       Contact Us

 

If you have any questions about these Terms of Use, you may contact us anytime, by email, at info@theclearinstitute.com.

 

11.       Interpretation

 

In case of any conflict of interpretation between the French and English version of these Terms of Use, the French version will prevail.