Scalpa courses (“Course” or “Courses”) provide training and information in connection with aesthetic procedures (“Procedures”) to a wide range of individuals who utilize the Courses (“Student” or “Students”). Students include, but are not limited to, physicians, nurses, estheticians, medical aestheticians, body workers, cosmetologists, healthcare practitioners and tattoo artists. The Courses are open to the general public. Scalpa does not pre-screen Students as to any particular Student’s background, expertise and licensing. The Procedures may be used by a wide range of providers depending upon the providers’ licensing and level of expertise. Scalpa makes clear to the Students, and the Students understand that the Courses do not provide advice as to what Procedures Students may lawfully engage in performing. Scalpa makes no representations nor advises its Students as to the licensing, if any, that is required to engage in the performance of the Procedures.
Therefore, and based upon the foregoing, Students must research and acquaint themselves with the laws applicable to the legality of the Students’ performance of the Procedures. It is up to each Student to make sure that before any Procedure is performed by that Student, the Student is compliant with all state and federal laws, rules and regulations including but not limited to FDA regulations that govern that Student’s legal ability to perform a Procedure.
Scalpa makes no representations and/or warranties in connections with the Courses. The Courses are not a substitute for medical advice, diagnosis or treatment. Reliance on the information in the Courses for procedural purposes is to be used at your own risk. If you have questions or concerns, contact a medical professional prior to treatment. Scalpa is not responsible nor liable for risks involved with this procedure. Students assume the risk of and liability for any procedures performed by them.
Scalpa is not responsible or liable for legal encounters regarding licensing, regulations, or other legal aspects pertaining to procedural operation.
Students release Scalpa of all liability regarding the use of the Course and associated training material and/or any products or devices manufactured or sold by any other company.
Scalpa grants Students who purchase a Course a non-exclusive, non-transferable, revocable access and use Scalpa’s copyrighted Course and any associated materials solely for your own personal and non-commercial, non-duplicatable use (unless stated otherwise e.g., downloadable intake forms). The Courses are protected under copyright law. The copying, redistribution, use or publication by you of any of the content within our course is strictly prohibited (again, unless stated otherwise). A Student’s purchase of a Course does not grant the Student any ownership rights to our Course. Any breach in the terms of this Agreement may result in termination of your access to the Course materials and can be subject to a fine up to $500,000.
All customers and students release Scalpa of all liability regarding the use of our training material and/or any products or devices manufactured or sold by any other company.
Scalpa respects the intellectual property rights of others and Scalpa asks that you do the same. Except for any third-party content used as part of the Scalpa site, training and materials, please understand that the data and materials on the Scalpa site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Scalpa site (collectively, “Scalp Content”) are the intellectual property of Scalpa. Scalpa content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. Scalpa reserves all rights in and to Scalpa content. Scalpa content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of Scalpa. Scalpa reserves the right to take any legal or technical remedies to prevent the violation of the Scalpa terms and to protect the Scalpa services, users and the rights and property of Scalpa and its affiliates. If you violate these Terms, your permission to use the Scalpa services automatically terminate, and you must immediately destroy any copies you have made of the Scalpa content. Any actions on your behalf to contrary could result in litigation.
If you wish to request permission to use any Scalpa content in a manner otherwise prohibited under these Terms, please contact us using the information provided below.
Our courses may contain references or links to materials from third parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
All enrollees will be given lifetime access. When you complete the purchase process, you will be asked to register with the use of an email and password, which allows you one seat in the online training for your personal use only. You agree to maintain the confidentiality of your account username, login information and password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality You agree to immediately notify us of any authorized use of your password or any other breach of security.
The content provided in our courses is provided “as is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our website and content may contain bugs, errors, problems or other limitations. Scalpa, including all our affiliates, have no liability whatsoever for your use of our website or content. Scalpa cannot guarantee and does not promise any specific results from use of our website or content. Scalpa does not represent or warrant that our content or our services found within are accurate, complete, reliable, current or error-free or that any such items are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content and services is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
In no event will Scalpa or its, employees, contractors, vendors, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use or misuse of videos whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. Notwithstanding anything to the contrary contained herein, Scalpa's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the video(s) we provide prior to the event giving rise to liability.
This Agreement applies to all online training courses provided by Scalpa.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Copyright/Trademark Information. Copyright © 2020 SCALPA. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.
DISPUTE RESOLUTION AND ARBITRATION
This Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of Arizona without giving effect to the principles of conflict of laws. Any claims, controversies and/or causes of action (“Claim” or “Claims”) by any Student with respect to or arising from Scalpa’s website(s), content, this Agreement, Courses and/or products must be instituted within one (1) year after the Claim arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, the remaining portions shall remain in full force and effect.
Any and all Claims shall be settled and resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable arbitration rules, and judgment on any award or declaratory relief rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The Claims shall include any and all: (a) claims by Scalpa against its Students; and (b) claims by Scalpa’s Students against Scalpa including claims against Scalpa’s officers, directors, managers, members, related entities and constituent entities. This arbitration clause is meant to be interpreted and construed broadly.
Neither the Students nor Scalpa shall be entitled to join or consolidate any claims whatsoever, including but not limited to claims in arbitration, by or against each other, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Any arbitration between the Scalpa and the Students may not be arbitrated on a collective or class wide basis.
If any portion of this arbitration clause is found to be unenforceable, then this arbitration clause shall still remain in full force and effect.
This Agreement will be interpreted under and according to the laws of the State of Arizona. The party initiating the arbitration shall pay all applicable arbitration fees and costs. Within 15 days of the initiation of the arbitration and payment of all fees and costs by the initiating party, the respondent (i.e., non-initiating party) shall reimburse the initiating party 50% of the fees and costs. Thereafter, all fees and costs of arbitration (i.e., fees and costs payable to the AAA) shall be split equally between the parties. Any other fees and costs of arbitration, such as attorneys’ fees, witness fees, shall be borne by each party. There shall be one arbitrator and the arbitration shall proceed under the rules of the American Arbitration Association. The award of the arbitrator may grant any relief which may be granted by a court of general jurisdiction, including, without limitation, an award of damages and/or injunctive relief, and may, in the discretion of the arbitrators, assess, in addition, the costs of arbitration, including the reasonable fees of the arbitrator(s) against either or both parties, in such proportions as the arbitrator(s) shall determine as just and reasonable. Scalpa and the Students also agree to accept the arbitrator’s award as final and binding upon them (and their successors, representatives and heirs) and a judgment upon the arbitration award shall be binding and may be entered by any Court of competent jurisdiction.
CHOICE OF LAW: The applicable law is that of the State of Arizona.
VENUE SELECTION: The applicable venue is Maricopa County, Arizona.
7224 E. McDowell Rd.
Scottsdale, Arizona 85257
Email: [email protected]