Course Participation Terms

PARTIES

This writing outlines the intended legal relationship between Teaching Matters (the “COMPANY”) and you (the “PARTICIPANT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of PA Educator Master Course One (the “PROGRAM”) from the COMPANY.

The COMPANY and the PARTICIPANT are the intended parties (the “PARTIES”) to this AGREEMENT.

ACCEPTING THESE TERMS

As the PARTICIPANT, you are entering into a legally binding agreement with the COMPANY, California-based solo proprietorship according to the following terms and conditions, when you do any of the following: 

• Click “I Agree”
• Email your statement of agreement
• Enter your credit card information
• Sign this agreement on this page, or reverse
• Enroll electronically in the PROGRAM
• Enroll verbally, or otherwise, in the PROGRAM

With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy. 

USE TO THIRD PARTIES

If the PARITICIPANT registers for the Continuing Medical Education (CME) credits available for this course, they agree and understand that the following information provided by the PARTICIPANT on the registration and CME forms will be shared with the CME granting body in order for the PARTICIPANT to claim and receive such credits commensurate with participation requirements. 

• Name
• Email
• Work and/or home address
• Professional Credentials
• Work phone number
• NCCPA certification number
• Years in PA education
• Years in Clinical Practice

 COMPANY’S SERVICES

This AGREEMENT is executed and valid, when PARITICIPANT accepts these terms (electronically, verbally, written, and or otherwise).

The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to PARTICIPANT.

PARTIES agree that the PROGRAM is in the nature of Education and Faculty Development for individuals teaching in Physician Assistants/Associates programs.

The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’s website, or as part of the PROGRAM. COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the PARTICIPANT if the need arises, without prior notice.

CONFIDENTIALITY

The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE PARTICIPANT’S BUSINESS OR PERSONAL AFFAIRS.

COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with PARTICIPANT during discussions and interactions with PARTICIPANT, or otherwise, without the written consent of PARTICIPANT.

COMPANY shall keep the Confidential Information of the PARTICIPANT in strictest confidence and shall use its best efforts to safeguard the PARTICIPANT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

The COMPANY’S privacy policy (https://www.dremilywhitehorse.com/pages/privacy-policy),

terms of use policy

(https://www.dremilywhitehorse.com/pages/terms), also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the PARTICIPANT due to its enrollment in the PROGRAM.

 NO TRANSFER OF INTELLECTUAL PROPERTY

COMPANY’s copyrighted and original materials are provided to the PARTICIPANT for his or her INDIVIDUAL USE ONLY and under a limited single-user license.

PARTICIPANT is not authorized to use any of COMPANY’s intellectual property, trademarks and or copyrights, for any purpose. PARTICIPANT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.

The COMPANY agrees and allows PARTICIPANT to make one (1) printed physical copy of the provided materials for PARTICIPANT’s personal use.

ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.

PROGRAM RULES

To the extent that PARTICIPANT interacts with COMPANY staff and or other PARTICIPANTs, PARTICIPANT agrees to behave professionally, courteously, and respectfully with staff and PARTICIPANTs at all times. PARTICIPANT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, PARTICIPANT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.

DISPARAGEMENT

In the event that a dispute arises between the PARTIES or a grievance by PARTICIPANT, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below. PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.

 USE OF PROGRAM MATERIALS

• By accepting this AGREEMENT, PARTICIPANT consents to recordings being made of the PROGRAM.
• COMPANY reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by PARTICIPANT (in the context of the PROGRAM); for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the PARTICIPANT.
• PARTICIPANT consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the PARTICIPANT.

 NO RESALE OF SERVICES PERMITTED

PARTICIPANT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.

 TERMINATION

If PARTICIPANT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and PARTICIPANT is barred from using any of COMPANY’s services. COMPANY is allowed to immediately collect all Fees from PARTICIPANT and stop providing further services to PARTICIPANT.

 PAYMENT

PARTICIPANT agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms:

 As outlined on COMPANY’s website,

• Provided through email,
• According to the Payment Schedule and the payment plan selected by PARTICIPANT (the “FEE”), or
• As otherwise noted in this AGREEMENT.

REFUNDS

 COMPANY agrees to provide a 100% refund of the Fee paid by PARTICIPANT according to these terms:

• The PARTICIPANT provides a written request for a refund within the time limit defined in the offer based on Pacific Time Zone.

 CHARGEBACKS & PAYMENT SECURITY

To the extent that PARTICIPANT provides COMPANY with credit card(s) information for payment of Fee on PARTICIPANT’s account, COMPANY is authorized to charge PARTICIPANT’s credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.

PARTICIPANT shall not make any chargebacks to COMPANY’s account or cancel the credit card that is provided as security without COMPANY’s prior written consent. PARTICIPANT is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. PARTICIPANT shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance.

 CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.

ENTIRE AGREEMENT

This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by writing, signed by both PARTIES.

LIMITATION OF LIABILITY

By using COMPANY’s services and enrolling in the PROGRAM, PARTICIPANT releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the PROGRAM. The PROGRAM provides Education and Faculty Development for individuals teaching in Physician Assistants/Associates programs. PARTICIPANT accepts any and all risks, foreseeable or non-foreseeable arising from the PROGRAM.

Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to PARTICIPANT or to any third party is limited to the lessor of:

(a) The total amount of money PARTICIPANT paid to COMPANY in the one month prior to the action giving rise to the liability, or

(b) 60% of the purchase price

All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. PARTICIPANT agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the PROGRAM.

PARTICIPANT agrees that use of COMPANY’s services is at PARTICIPANT’s own risk.

INDEMNIFICATION

COMPANY recognizes and agrees that all of the COMPANY’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.

PARTICIPANT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT. 

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.

 DISCLAIMER OF GUARANTEE

PARTICIPANT ACCEPTS AND AGREES THAT HE OR SHE IS 100% RESPONSIBLE FOR HIS OR HER PROGRESS AND RESULTS FROM THE PROGRAM. PARTICIPANT ACCEPTS AND AGREES THAT HE OR SHE IS THE ONE VITAL ELEMENT TO THE PROGRAM’S SUCCESS AND THAT COMPANY CANNOT CONTROL PARTICIPANT.

COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet PARTICIPANT’s requirements or that all PARTICIPANTs will achieve the same results.

CHOICE OF LAW/VENUE

This AGREEMENT is governed and interpreted in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.

The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of California, West Sacramento, according to the rules of the American Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.

SEVERABILITY

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.

 Updated December 2023