Thank you for choosing My Visual Tutor for your patient education and practice marketing needs. Please read the following Terms of Use carefully; they govern your transactions My Visual Tutor, and you have certain obligations and limitations imposed by these Terms of Use. These Terms of Use may change at any time. If you have questions, please contact My Visual Tutor at 855.588.0446.
1. My Visual Tutor
Business Promotion, LLC, dba My Visual Tutor (“My Visual Tutor” or “MVT”) offers its products and services exclusively subject to these Terms of Use. Unless otherwise stated, the term “MVT” includes employees of MVT as well as agents, contractors, and third parties whose services or products are part of MVT’s services and products. By using MVT’s sites, services, products, or materials, you agree to be bound to these Terms of Use unless and only to the extent they may be modified in a writing signed by both you and MVT.
2. Clients
All references to “You,” or “Client” mean the purchasers of MVT services and products; anyone who has signed a Purchase Agreement or Payment Agreement with MVT, as well as any individual authorized by the Client to conduct business with MVT on the Client’s behalf (an “Authorized User”). A Client may designate an Authorized User in writing or by instructing MVT to allow an individual to access that Client’s account or otherwise make decisions regarding design, services, or billing. Unless expressly revoked in writing by the Client, an Authorized User has the authority to renew contracts, contract for new services, order changes, or otherwise access or control a Client’s account with MVT. MVT is entitled to rely on the written or oral representations of an Authorized User in the performance of its contracted services.
3. Application of Terms of Use
These Terms of Use govern your use of all My Visual Tutor products, including any design, static and video imagery, written content, and other marketing materials and services whether offered now or in the future. References to “videos” or “MVT content” generally mean any live action or animated static or video imagery produced, marketed, owned, or distributed by MVT, including specifically the Patient Education Videos, but do not exclude any other MVT product or service.
4. Patient Education Videos
Patient Education Videos – MVT offers a range of content for different medical and dental disciplines and practices. Use of the videos constitutes acceptance of these Terms of Use as a whole and these provisions specifically:
a. Licensure – You agree that the videos are made available to you only as a nonexclusive license. You do not own any Patient Education Video in whole or in part, even if the version you have licensed bears your logo or other indicia. You agree that you may use the videos only according to these Terms of Use and for the term during which you hold a valid license. You agree that MVT may revoke or refuse to renew your license at any time. Except for the right to view the videos as prescribed by MVT, MVT content may not be used, copied, reproduced, republished, uploaded, reverse-engineered, decrypted, posted, transmitted, or distributed or exploited in any way.
b. Copyright – You agree that the MVT videos are protected by copyrights and, in certain cases, trademarks belonging exclusively to MVT. You agree that you will take no action which would infringe upon or diminish the value of MVT’s copyrighted or trademarked works, including the Patient Education Videos.
c. Ownership – You agree that MVT owns the videos, including all updates, modifications, and enhancements, and any branded versions of the videos which may be created for You from time to time. MVT will not use any Patient Education Video bearing your logo or indicia for any other client, but You do not own any such branded versions of the videos.
d. No Sublicensing or Transfers – You may not sublicense, sell, transfer, distribute, modify, copy, or otherwise exploit any MVT content, in whole or in part, in its original form or any adaptation or portion thereof, whether for commercial gain or otherwise.
e. Reservation of Rights – MVT reserves all rights afforded under applicable Federal law in the videos, their delivery mechanisms, associated databases, metadata, and other user materials incident to the licensure or use of the videos.
f. You agree that any MVT content is provided to you on an “as-is” basis, with no warranties of compatibility with any system, site, or other facility. You release MVT from any liability for failure of software, hardware, code, processes, or equipment resulting from the use of the MVT content.
g. Availability of Products – MVT offers a variety of content. MVT may add new products at any time, or may cease to offer certain products. MVT makes no guarantee that any particular product or video will be available beyond the term for which it has been contracted. If a video or other content becomes unavailable for any reason, MVT reserves the right to substitute other content of equal value until the original content becomes available or a permanent substitute can be completed. No such substitution may constitute a breach of MVT’s obligations under these Terms of Use.
5. Payment
MVT will bill You monthly for Your website in the amount listed on your Sales or Payment Agreement. Payments are based on the number of domains registered to utilize MVT content, and MVT reserves the right to adjust rates based on the volume of domains registered, content purchased, the duration of any contract, or any other reason.
a. Monthly Payments – Payments are due each month on the day specified in your Sales or Payment Agreement. If no day is specified, payments are due on the 1st day of each month and are late if not received by the 5th day of each month. Late payments will bear interest at a rate of 1.5% per month until paid.
b. Checks and Returned Check Fees – Payments made by check must be received by the due date. Checks should be made payable to “My Visual Tutor,” and should be mailed directly to MVT at the address below. Returned checks are subject to a returned check charge of $20 or the maximum charge allowable by Utah law, if that is greater.
c. Automated Payments – MVT offers automated monthly payments by credit card, debit card, or electronic check (ACH). Automated payments are debited from the account specified by You monthly on the date Your payment is due. You must notify MVT of any changes to the account from which Your payment is debited no less than 10 business days prior to the date Your payment is due. You are agree to ensure MVT has current and valid account information, and that sufficient credit or funds are available to cover all automated payments. If an automated payment is returned or denied, you must submit payment in full within 5 business days to avoid access to MVT content being suspended. If you agree to automated payments for any third party services, MVT will also charge payment for those services to your account monthly on your payment date. Any automated payments to third parties for utilities or services on Your behalf are non-refundable. Automated payments for third party services can be cancelled or changed only with 30 days advance notice.
d. Default – If You fail to make any payment within 5 days of the payment date, your account will be in default. MVT reserves the right to suspend and make unavailable any content associated with an account in default. If Your account continues in default for 30 days, MVT reserves the right to declare you in breach of your Sales or Payment Agreement, and the entire amount owing under such an Agreement will become due and payable immediately. Any amounts in default will bear interest at a rate of 1.5% per month, and payments made on delinquent balances will be applied to the oldest balances first. If Your account continues to be in default, you agree that MVT may institute collections proceedings against You, and that all fees and costs of collection, including attorney fees, court costs, credit reporting, service of process, investigative costs, or other costs, will be assessed against You. Additionally, MVT is entitled to collect the reasonable costs of any promotional items previously provided to You. Your credit may be negatively affected if collections proceedings are instituted against you.
e. Authorized Account Users — Unless expressly revoked in writing by the Client, an Authorized User has the authority to renew contracts, contract for new services, order changes, or otherwise access or control a Client’s account with MVT. This includes changing or updating automated payment information, authorizing third party automated payments, or any other service which may incur additional charges to You. MVT is entitled to rely on the written or oral representations of an Authorized User in the performance of its contracted services, and You agree to indemnify and hold MVT harmless for any actions taken by an Authorized User.
6. Termination
MVT reserves the right to terminate any Sales or Payment Agreement at any time if Your account is in default, or for violation of any provision of the Sales or Payment Agreement, these Terms of Service, or for any other reason or no reason at all. In the event of a termination, MVT retains all right and title, including any applicable copyright, to the designs, content, media, and all other components of MVT content, including any content which may bear Your logos or branding.
7. Data Security
MVT takes commercially reasonable steps to ensure that any electronic information and communications are secure, no system is foolproof. Databases, communications, and services are susceptible to errors, tampering, and hacking. MVT makes no guarantee or warranty against such occurrences. By utilizing MVT’s services and content You agree to hold MVT harmless for any breach of data security caused by electronic or human error, force majeure, weather or other natural phenomena, computer hacking or break-ins, tampering, equipment failure, or any other cause not directly within the control of MVT.
8. Privacy
In the course of providing content, MVT may come in to possession of information which could be used to identify You or a third party (“Personal Information”). With the exceptions set forth herein, MVT does not use or share your Personal Information, and is safeguarded from access by MVT employees and third parties without a need to know such Personal Information with industry-standard data security, including encryption technologies and protocols.
a. Permitted Uses of Private Information – You agree that MVT may access and utilize Your Private Information for the following purposes:
i. Provision of MVT Services – You agree that Personal Information may be used by MVT, its employees, contractors, and vendors to the extent necessary to provide the services for which MVT has been engaged. You release MVT from any liability arising from the disclosure of Personal Information by any vendor or other third party.
ii. Billing, Collections, and Account Maintenance – You agree that any Personal Information collected by MVT may be utilized for billing, collections, or other maintenance of your account.
iii. As Required by Law or Other Compulsory Process – Personal Information may be disclosed as required by a court order or other compulsory legal process.
9. Indemnity and Liability Release
You agree to indemnify and hold MVT harmless from any claim arising from the use of MVT content by all third parties, including any action for libel or defamation, products or premises liability, malpractice, false advertising, or any other claim. In no event will MVT or any of its suppliers, or any third party mentioned or employed in the production or distribution of MVT content be liable to You or any third party for direct, indirect, consequential, incidental, special, exemplary, or any other type of damages resulting from the use or the inability to use the MVT content, whether such damages are based on a theory of tort, contract, warranty, or any other legal doctrine.
10. Give Us A Chance
MVT has worked hard to develop a reputation for excellent customer service and high-quality products. If you have an issue with MVT content, the customer service you have received, billing, or any other aspect of Your interactions with MVT, You agree to contact us and give us a legitimate chance to make things right before cancelling your account or leaving negative online reviews.
11. Miscellaneous
a. Situs, Governing Law, and Jurisdiction – You agree that Your transactions with MVT have their situs in the State of Utah. These Terms of Use and Your Payment or Purchase Agreement are governed by and must be construed according to the laws of the State of Utah, without regard to its conflict of laws provisions. In any action brought to enforce or construe any provision of these Terms of Use or any Agreement, You agree that jurisdiction lies exclusively with the applicable State courts located in Utah County, Utah, or Federal courts located in Salt Lake County, Utah.
b. Force Majeure – You agree that MVT cannot be held liable for delays, damages, outages, or other interruptions in service, loss of data, or other casualty arising from natural disasters, acts of war, civil unrest, terrorism, acts of God, or other general circumstances beyond MVT’s control.
c. Severability – If any provision of these Terms of Use or your Purchase or Payment Agreement is held by a court of competent jurisdiction to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.
d. Attorney Fees – In any action brought to enforce or construe any provision of these Terms of Use, or Your Purchase or Payment Agreement, the prevailing party will be entitled to their reasonable attorney fees and costs, including any collection costs.
