Formlabs Live Online Training Terms of Service

Thank you for purchasing the Formlabs Live Online Training (the “Live Online Training”) to help you get the most from your Formlabs Products. The Live Online Training is governed by the following agreement (the “Agreement”) between Formlabs, Inc. (“Formlabs”) and you (“Customer” or “you”).

Scope

The goal of this Live Online Training is to help you use your Formlabs Products most successfully. By purchasing a Live Online Training session, Customers can schedule one (1) 45-minute Live Online Training appointment (“Appointment”). Live Online Training will be conducted via Google Hangouts. The Customer should prepare appropriately for the conference prior to the Appointment start time. Preparation includes but is not limited to downloading, installing, or approving appropriate Google plugins.

Trainings will be conducted in English. Appointments may be made as directed at https://formlabs.com/psp/training/, which may be amended from time-to-time without prior notice. Appointment times may be subject to change based on availability.

Nothing in this agreement or subsequently communicated in the Live Online Training changes or modifies the limited warranty provided by Formlabs for its products available at https://formlabs.com/terms-of-service/#Warranty. No statements made in the course of your Live Online Training extend, replace, or change the terms and conditions of Formlabs’ limited warranty that accompanies the Product.

Limitations

The Live Online Training may not be resold and is non-transferrable and non-refundable. Any returns or refunds are subject to the sole discretion of Formlabs, unless the Product is returned in accordance with Formlabs Return Policy, in which case the cost of the unredeemed Live Online Training is also refundable. The Live Online Training must be redeemed within one (1) year of the purchase date.

Cancellation and Rescheduling

If you need to change or cancel your Appointment, you may do so at the link provided in the Appointment confirmation email. Formlabs maintains the sole discretion to provide and allow scheduling changes. In the event that a Customer has modified their Appointment multiple times, Formlabs reserves the right to prohibit further rescheduling. Any subsequent changes or cancellations will not be accommodated or refunded.

In order to allow other customers to be scheduled into open time slots, Appointments within 24 hours cannot be rescheduled or canceled and will not be refunded. Additionally, any Missed Appointments will not be rescheduled or refunded. 
If the Customer is more than 15 minutes late to the Appointment, Formlabs will consider this a Missed Appointment and will not reschedule or refund. Formlabs may cancel the appointment entirely or may continue the Appointment for the remainder of the time at Formlabs’ sole discretion.

From time to time, Formlabs may need to reschedule or cancel an Appointment with notice or no notice at all. Appointments modified by Formlabs will be rescheduled to the next availability that is convenient for the Customer.

Formlabs, at its sole discretion, may terminate this Agreement and refuse to provide further services or refunds under the Live Online Training for abusive, inappropriate, or unreasonable behavior; failure to comply with Formlabs’ published policies and procedures; or failure to pay outstanding charges due under this Agreement.

Recording

If while scheduling an Appointment, the Customer expressly consents to record the Live Online Training, Customer further agrees that:
Formlabs alone will record the Appointment and store the Customer’s information (“the Recording”).
Customer shall defend, indemnify, and hold harmless Formlabs and their agents (including employees) from any and all claims, liabilities, and/or damages that arise from or relate to use or misuse of the Recording by the Customer.
Formlabs is not liable or responsible for any failure, outage, or other circumstances that may cause any or all of Customer's Appointment not to be recorded and/or saved at all and/or as planned, including but not limited to consequential damages, lost profits, or loss of any other interest that may occur, directly or indirectly.
In the event that Formlabs discover any alleged misuse of the Recording, Formlabs may terminate this service without prior written notice and without liability.

Contacts

Contact partners for questions regarding this contract are:
Katja Neuthe, Formlabs Services EU, [email protected], Formlabs Services
Sarah Levy, Pro Service Plan US Lead, [email protected]abs.com, Formlabs Services

Disclaimers and Limitations on Liability

Although we make every reasonable effort to ensure that the information provided at the Appointment are useful, accurate, and current, we cannot guarantee that all the information outside those specific to the performance and operation of our products and materials will be error-free. The information is not intended to constitute advice for medical, dental, or other professional applications. Formlabs representatives do not claim to be professionals in any particular field of expertise beyond Formlabs Products.

A. TO THE EXTENT PERMITTED BY LAW, FORMLABS SHALL NOT BE RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH FORMLABS PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMLABS’ AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED SUCH DAMAGE.

B. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES, COUNTRIES, AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.SOME COUNTRIES, REGIONS, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF REMEDIES OR OF INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR THE APPLICABLE TIME PERIODS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. EXCEPT TO THE EXTENT LAWFULLY PERMITTED, THE VIDEO TRAINING DOES NOT EXCLUDE, RESTRICT OR MODIFY STATUTORY RIGHTS APPLICABLE TO WHERE THE PRODUCT IS SOLD BUT, RATHER, IS IN ADDITION TO THESE RIGHTS.

C. Force Majeure. Formlabs shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

Data Protection

Formlabs may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the contract and as long as Formlabs is required to keep such data in accordance with applicable law.

Formlabs shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.

Enforcement and Entire Agreement

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to Massachusetts’ conflict of laws rules. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect. No waiver or any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement and all expressly referenced documents constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications, including any reseller or similar agreements previously executed by the parties.