Urticaria Masterclass Terms of Use
Last Updated: March 11th, 2024
Welcome to the Urticaria Masterclass, presented to you by HelloProfessor GmbH, a company incorporated under the laws of Germany. Through our comprehensive online resources, including the main website at www.urticariamasterclass.com, along with our associated networks, applications, and various services (collectively referred to as the "Service"), we aim to provide you with an enriching learning experience. By engaging with our Service, you enter into a legally binding agreement with Urticaria Masterclass, which is governed by these Terms of Use.
**IMPORTANT NOTICE**: Before proceeding, we kindly ask that you carefully review and consider these Terms. By selecting “I Agree,” or by accessing and using the Service in any capacity, you acknowledge your understanding of these Terms and fully consent to be bound by them, including the Urticaria Masterclass Privacy Policy, which is an integral part of this agreement (collectively referred to as the “Terms”). If you do not meet the eligibility requirements, or if you disagree with any part of the Terms, you must not use the Service.
These Terms stipulate that any disputes arising between you and Urticaria Masterclass will be resolved through BINDING ARBITRATION. This means you are choosing to waive your right to seek redress in court to assert or defend your rights under this agreement, with the exception of issues that can be adjudicated in small claims court. Instead, an impartial arbitrator, not a judge or jury, will determine your rights, and you agree not to participate in class action lawsuits. We urge you to carefully review Section 19, titled “Dispute Resolution and Arbitration,” where the procedure for arbitrating disputes under these Terms is detailed.
This revision is designed to clarify the agreement's terms and the conditions under which the service is offered, ensuring compliance with both EU and US laws, while also aiming to maintain originality and improve readability.
Urticaria Masterclass Service Overview
Introduction for Users
Those who engage with our Service to access information provided by us, in written form or otherwise, are identified as “Participants.” The information offered to Participants is intended solely for educational and informational purposes.
Clarification on Medical Guidance
The resources provided through our websites, including but not limited to courses, articles, videos, and any form of written content, are designed for general informational objectives and should not be seen as medical advice, a diagnosis, or a treatment plan. Such content cannot replace the expertise and personalized advice of a certified healthcare professional. We strongly advise consulting with a physician or a qualified healthcare provider for any concerns or questions regarding a medical condition or treatment options. Always prioritize professional medical advice and do not delay seeking it due to information encountered on our platforms. Given that Urticaria Masterclass is not a healthcare institution, our Service does not fall under the regulations of HIPAA.
Responsibility in Healthcare Provider Selection
The reviews and information provided through our Service are intended for informational use only. It is your responsibility to select your healthcare provider. We offer lists and reviews of healthcare professionals, alongside information that may consider various factors, such as feedback from verified patients who share similar characteristics (e.g., demographics, personality traits, preferences, or medical history). However, these reviews reflect the personal opinions of the individuals who wrote them and should not be interpreted as endorsements by Urticaria Masterclass. We do not formally endorse any specific doctors or medical facilities, nor do we guarantee their qualifications, expertise, quality of service, pricing, or insurance compatibility.
Eligibility Criteria
To utilize the Service, you must be at least 18 years old. By accepting these Terms, you affirm that: (a) you meet the age requirement; (b) you have not been previously suspended or removed from the Service; and (c) your registration and use of the Service comply with all relevant laws and regulations. If you are accessing the Service on behalf of an organization, you confirm that you have the authority to agree to these Terms on behalf of said entity. Reviewers are acknowledged to use the service personally, while Consumers affirm the use of their subscription for personal or immediate family use only.
Accounts and Registration
Registration is necessary to access many features of the Service. During registration, you may need to provide personal information, such as your email or other contact details. You commit to maintaining the accuracy of this information. The security of your account and password is your responsibility, and you must take all activities under your account as your responsibility. Should you suspect a breach of security, immediate communication with us at [email protected] is imperative.
Payment Terms for Accessing Urticaria Masterclass Services
Service Fees
Some aspects of the Service, or specific features, may be accessed only upon payment of certain fees. Before any payment is made, you will have the chance to review and agree to the fees you will be charged. Please note that all fees are quoted in U.S. dollars and are strictly non-refundable.
Fee Adjustments
Should there be any changes to the fee structure of the Service, including the introduction of new fees or charges, we will notify you in advance. If you find the revised fees unacceptable, we reserve the right to terminate your access to the Service. We will bill the payment method you provided at the time of your purchase. By agreeing to these Terms, you authorize Urticaria Masterclass to charge the payment method for all fees as outlined here, related to the Service you have chosen.
Credit Card Authorizations
For those paying by credit card, Urticaria Masterclass may perform a pre-authorization check to ensure the credit card is valid and has sufficient funds or credit to cover the purchase.
Recurring Payments
The Service may allow you to set up, modify, or cancel recurring payments for ongoing charges. By setting up recurring payments, you give us permission to charge your payment method on a continuing basis, up until the recurring payment or your account is cancelled, for all accumulated sums due on or before their due dates. Any modifications or cancellations to one-time or recurring payments may require up to thirty (30) days to become effective.
Course Access Duration
Any courses purchased through our websites are accessible for one year from the purchase date. After this period, access will expire, and you will need to repurchase the course to regain access.
Guidelines for User Content on Urticaria Masterclass
Overview of User Content
Our Service allows for the submission of various forms of content by users, including but not limited to reviews, photos, videos, images, folders, data, text, and other works ("User Content"). When you contribute User Content to the Service, you maintain any copyright and proprietary rights you may have in that content.
License Granted to Urticaria Masterclass
Upon submitting or making User Content available, you provide Urticaria Masterclass with a non-exclusive, irrevocable, worldwide, royalty-free, perpetual, fully paid license (including the right to sublicense) to use, host, store, transfer, display, perform, reproduce, adapt (specifically for formatting), and distribute your User Content, either in entirety or partially, across various media formats and channels, whether currently known or devised thereafter.
Private Uploads
You may have the option to upload certain User Content to a private section of your account, which will not be publicly displayed. This allows for more control over the privacy of your contributions.
Responsibilities and Assurances for User Content
You bear full responsibility for your User Content and the implications of its posting or publishing. By contributing User Content, you affirm and guarantee that:
You are the original creator and holder of the User Content, or you have secured all necessary licenses, rights, consents, and permissions to authorize its use by Urticaria Masterclass and the Service's users in alignment with the licenses granted in these Terms.
Your User Content will not infringe upon or violate the rights of any third party, including copyright, trademarks, patents, trade secrets, moral rights, privacy, publicity rights, or any other intellectual property or proprietary rights; it will not defame, slander, libel, or invade the privacy or other rights of any person; and it will not cause Urticaria Masterclass to breach any laws or regulations.
User Content Policy and Copyright Disclaimer
User Content Oversight
Urticaria Masterclass does not commit to actively monitoring or controlling User Content posted or published by you or other users, nor shall we bear any responsibility or liability for such User Content. Nevertheless, we reserve the right, without any obligation to give prior notice, to review, filter, remove, edit, or block any User Content that we deem, in our sole discretion, to be in violation of these Terms or otherwise objectionable. While using the Service, you will encounter User Content from diverse sources, and you should be prepared for the possibility that some content might be inaccurate, offensive, indecent, or disagreeable. By using the Service, you waive any rights to seek legal or equitable remedies from Urticaria Masterclass regarding User Content, and we explicitly disclaim any liability related to User Content. Should we receive a complaint about User Content not adhering to these Terms, we reserve the right to investigate and, at our discretion, remove the questioned content without prior notice.
Copyright Compliance and DMCA Notification
In adherence to the Digital Millennium Copyright Act (DMCA) provisions applicable to internet service providers (17 U.S.C. §512, as amended), Urticaria Masterclass commits to addressing concerns about copyright infringement. Complaints about material infringing intellectual property rights on the Service can be directed to our Designated Agent at the following:
Address: HelloProfessor GmbH, Choriner Strasse 63, 10435 Berlin, Germany
Email: [email protected]
A valid complaint must include:
The authorized representative’s electronic or physical signature;
Identification of the copyrighted work or intellectual property claimed to have been infringed;
A detailed description of the allegedly infringing material and its specific location on the Service;
Contact information of the complainant (address, telephone number, and email address);
A statement of good faith belief that the disputed use is not authorized by the copyright owner, agent, or law;
A declaration, under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright or intellectual property owner.
Policy on Repeat Infringers
Urticaria Masterclass will take decisive action to terminate the accounts of users identified as "Repeat Infringers" without notice. A Repeat Infringer is defined as a user who has been notified of infringing activity or has had User Content removed from the Service on at least two occasions.
This revised section aims to clarify the policies regarding user-contributed content, including the handling of potentially infringing material and the DMCA compliance process, ensuring users understand their rights and responsibilities as well as the actions Urticaria Masterclass may take to protect copyright and intellectual property rights.
Guidelines for Acceptable Use of Urticaria Masterclass Services
By accessing and using our Service, you agree to refrain from:
Illegal Activities: Engaging in any unlawful behavior or violating any local, state, national, or international laws.
Infringement of Rights: Violating or encouraging the violation of any third party's rights, including intellectual property rights.
Inappropriate Content: Posting, uploading, or distributing content that is unlawful, defamatory, libelous, inaccurate, or that could be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or in any way inappropriate.
Unverified Reviews: Posting reviews about doctors or clinics without having had a consultation, been a patient, or utilized their services or advice.
Misleading Information: Including in a review any information that is false or misleading.
Experiences Not Owned: Creating content or reviews based on experiences that are not your own.
Security Compromise: Interfering with security-related features of the Service, including circumventing use or copy restrictions, or attempting to discover source code where not permitted by law.
Service Interference: Disrupting the operation of the Service or any user's enjoyment of the Service, including spreading malicious software, making unsolicited offers or advertisements, trying to collect personal information without consent, or disrupting network, equipment, or server operations.
Fraudulent Activity: Impersonating any person or entity, falsely claiming an affiliation, accessing accounts without permission, falsifying age or date of birth.
Misuse of Reviews: Encouraging the falsification of reviews, creating reviews not based on real experiences, or encouraging non-patients to submit reviews.
Unauthorized Transfer: Selling or otherwise transferring access granted under these terms or any related materials without authorization.
Prohibited Acts: Attempting any prohibited act listed herein, assisting others in such acts, or permitting any person to engage in any such acts.
Restricted Sharing:
As a Consumer, not sharing your access to the Service, data from the Service, screenshots, or any collected information with anyone outside of one immediate family member included in your license.
As a healthcare professional or entity, not using information from the Service for marketing or any other unauthorized purposes.
Engagement with Third-Party Services and Modifications to the Service
Third-Party Websites
The Service may include links to websites operated by third parties. These linked sites are not governed by us, and we do not assume responsibility for their content. The inclusion of any third-party link does not imply an endorsement or verification of the linked website's information.
Termination and Modifications
You have the option to terminate your account at any time by reaching out to customer support at [email protected]. Upon account termination, you are still obligated to settle any outstanding fees incurred before the termination related to your use of the Service. Violation of these Terms will result in the automatic revocation of your permission to use the Service. Urticaria Masterclass reserves the right to terminate your account or limit access to the Service at its sole discretion, without needing to provide a reason, and may do so with or without prior notice. We also retain the right to alter or discontinue the Service or its features at any time, without liability for the changes or discontinuation. Should the Service be discontinued, subscribers with pre-paid plans will receive a prorated refund for the unused portion of their subscription term. No liability will be assumed for modifications to the Service that do not result in discontinuation.
Privacy and Additional Terms
Privacy Policy: The Urticaria Masterclass Privacy Policy outlines our practices concerning the collection, use, storage, and disclosure of your personal information and is an integral part of these Terms.
Additional Terms: Your use of the Service is also subject to any additional terms, policies, rules, or guidelines that we may provide or link to from the Service, such as licenses for downloadable software or specific rules for features or content on the Service. These Additional Terms are hereby incorporated into these Terms.
Updates to Terms, Ownership, Feedback, and Indemnity
**Terms Modifications**
Urticaria Masterclass reserves the right to modify these Terms at any time, according to our discretion. You are encouraged to review the Terms regularly for any changes. Should there be a material change affecting your rights or obligations, you must accept the modified Terms to continue using the Service. Material modifications take effect upon your acceptance, while immaterial changes are effective upon their publication. Any disputes will be adjudicated based on the Terms in force at the time the dispute arose.
**Ownership and Intellectual Property**
The Service, including its visual interfaces, graphics, design, compilation, information, data, code, products, software, services, reviews, and ratings, is the property of Urticaria Masterclass or its licensors and is protected by intellectual property laws. You are granted no rights to the Materials outside of what is explicitly authorized by Urticaria Masterclass. All rights not expressly granted are reserved by Urticaria Masterclass.
**Feedback Contribution**
By providing feedback, suggestions, or ideas about the Service ("Feedback"), you grant Urticaria Masterclass a perpetual, irrevocable, non-exclusive, royalty-free right to use this Feedback in any way, including to enhance the Service or develop new products and services.
**Indemnification Obligations**
You are responsible for your use of the Service and agree to defend and indemnify Urticaria Masterclass and its affiliates against any claims, damages, losses, liabilities, and expenses arising from your use of the Service, your violation of these Terms, any infringement of third-party rights, or any disputes with third parties. Urticaria Masterclass reserves the right to take over the defense of any claim for which you are required to indemnify us, and you agree to provide cooperation in our defense of these claims.
Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties
Urticaria Masterclass provides the Service, including all materials and content accessible through it, on an "as is" and "as available" basis, without any form of warranty or condition, whether express, implied, or statutory. The Urticaria Masterclass entities explicitly disclaim any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement, and any warranties arising from course of dealing, usage, or trade practice. There is no warranty that the Service, in part or whole, will be uninterrupted, secure, error-free, or that defects will be corrected. We also do not guarantee that the Service is suitable or available for use in locations outside of San Francisco, California. You acknowledge that any advice or information received through the Service does not constitute a warranty not expressly stated in these Terms. You assume all risk for any potential damage that may result from your use of the Service and any materials or content downloaded or accessed through the Service, including damage to your computer system or loss of data.
Limitation of Liability
Under no circumstances will Urticaria Masterclass or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of, or inability to use, the Service or its content, regardless of the legal theory on which the claim is based, and even if Urticaria Masterclass has been advised of the possibility of such damages. The total liability of Urticaria Masterclass entities to you for all claims related to the Service, whether in contract, tort, or otherwise, is limited to the greater of the amount you have paid for the Service in the 12 months prior to the event giving rise to the claim or $100.
Governing Law and General Terms
Governing Law:
The Terms of Use are subject to the laws of Germany, without giving effect to any principles that provide for the application of the law of another jurisdiction. Should any legal action arise from or related to these Terms, you and Urticaria Masterclass consent to the exclusive jurisdiction and venue of the courts located in the state of Berlin, Germany. The Service is managed from our offices within Germany, establishing the basis for our jurisdiction.
General Provisions:
These Terms, along with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Urticaria Masterclass regarding your use of the Service.
Amendments to these Terms must be made in writing and signed by all parties.
You may not assign or transfer these Terms or any rights granted under them without our prior written consent. Urticaria Masterclass reserves the right to assign these Terms without your consent.
The failure by Urticaria Masterclass to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Section headers are for convenience only and do not influence the interpretation of these Terms.
If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full effect.
Certain sections of these Terms, as specified, along with the Privacy Policy and any other relevant agreements, will remain in effect after termination.
Arbitration, Communications, and Contact Details
Dispute Resolution and Arbitration Agreement
Arbitration Commitment: To resolve disputes efficiently, you and Urticaria Masterclass agree to binding arbitration for any disputes related to these Terms, encompassing a broad range of claims. Arbitration, an alternative to court proceedings, involves a neutral arbitrator instead of a judge or jury and typically allows for more limited discovery and court review. The arbitrator has the authority to grant similar damages and relief that a court can. This agreement includes almost all disputes and survives even after the Terms end. Both parties waive the right to a jury trial or to participate in class actions.
Exceptions: Specific cases, such as small claims actions, certain agency enforcement actions, injunctive relief in court, and intellectual property infringement claims, are excluded from mandatory arbitration.
Arbitration Procedures: Arbitration will be conducted under the AAA Rules, modified by these Terms, and overseen by the AAA. These rules are accessible online or through direct contact with the AAA.
Notice and Process: Initiating arbitration requires sending a detailed notice to the other party. Efforts to resolve the dispute directly are required before proceeding to arbitration. Urticaria Masterclass commits to paying certain arbitration fees or award amounts under specified conditions.
Fees and Hearings: The arbitration fees and the setting of the hearing depend on the claim amount and the arbitration rules. The arbitrator's written decision will detail the essential findings and conclusions.
No Class Actions: Claims must be made individually, not as part of any class or representative proceeding, unless mutually agreed otherwise.
Modifications to Arbitration: Future changes to the arbitration agreement, except for address changes, can be rejected by written notice within 30 days, leading to account termination and retention of the pre-modification arbitration agreement.
Enforceability: If the class action waiver or the entire arbitration section is found unenforceable, then the designated jurisdiction and venue provisions will apply to disputes.
Consent to Electronic Communications
By using the Service, you consent to receive electronic communications as outlined in our Privacy Policy, meeting any legal requirements for written communication.
Contact Information
The Service is operated by HelloProfessor GmbH, Choriner Strasse 63, 10435 Berlin, Germany. Contact us via mail at this address or by email at [email protected] for any inquiries.
