The following Terms and Conditions of service apply to your access and use of Osteopathy’s Promise to Children’s website located at http://www.the-promise.org, and all successor URLs, and all services, courses, and materials offered thereon (collectively, the “Site”) which are offered to you by Osteopathy’s’ Promise to Children (“OPC”). Your access to the Site and permission to use the Site are subject exclusively to these Terms and Conditions of service.
Please carefully read the following agreement. By registering for, accessing, browsing, or otherwise using the OPC site in any manner whatsoever, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions of service, including any future modifications hereto (collectively, the “Terms”). If at any time you do not agree to these Terms, please immediately terminate your use of the OPC site.
To the fullest extent permissible pursuant to applicable law, OPC disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of proprietary rights, and warranties implied from a course of performance or dealing. No advice or information, whether oral or written, obtained by you from OPC or through the Site, will create any warranty not expressly stated herein.
Materials published on this website are intended for reference use only, do not constitute legal advice, and may not represent the official opinions of OPC, its Board of Directors, or its representatives.
OPC does not warrant that the Site, submitted content or third-party materials offered on, through, or in conjunction with the Site or any reference sites will be uninterrupted, free of errors, viruses, or other harmful components, or available for use and does not warrant that any of the foregoing will be corrected.
Accuracy of Information
OPC does not warrant or make any representations regarding the use or the results of the use of the Site or any content, software, services, or applications made in conjunction with or through the Site or any reference sites in terms of correctness, accuracy, reliability, timeliness, completeness, or otherwise. You assume all risk of errors or omissions, or both, in the Site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties.
Medical And Other Information
The information on this Site designed for research and educational purposes only and is not provided as a professional service and is not to be interpreted as medical advice for patients. The site is not intended to be and it is not a substitute for professional medical care and if you have, or suspect you may have, a health problem, you should consult your health care provider.
Harm to Your Computer
You understand and agree that you use, access, download, or otherwise obtain information, materials or data through the Site (including rss feeds) or any reference sites at your own discretion and risk and that you will be solely responsible for any damage, necessary maintenance, repair, or correction to your property (including your computer system) or loss of data that results from the download or use of such material or data.
As Is Basis
You expressly agree that your use of the Site is at your sole risk. The Site, submitted content and any third-party materials made available in conjunction with or through the Site are provided on an “as is”, “as available”, and “with all faults” basis and without warranties or representations of any kind, either express or implied.
The Site is not intended for persons under the age of 18 or for any users suspended or removed from the Site by OPC. By using the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site. If you are younger than 18 years of age (“Minor Child”), you must have parental consent before using for the Site. If you have agreed to allow your Minor Child to use the Site, you, as the consenting parent, agree that you shall be solely responsible for: (a) the online conduct of such Minor Child; (b) monitoring such Minor Child’s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor Child. If you are a Minor Child, you may not register or submit personally identifiable information to or through the Site. OPC does not collect personally identifiable information through the Site from any person OPC actually knows to be a Minor Child.
D. OWNERSHIP RIGHTS
As between the parties, the Site, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site are owned and operated by OPC, its affiliates or its licensors, or any of them. Except as expressly authorized by OPC, you agree not to sell, license, distribute, copy, publicly perform, or display, transmit, edit, adapt, modify, create derivative works from, or otherwise make unauthorized use of the Site. OPC reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the Site, except for the limited rights set forth in these Terms. All trademarks, service marks, and trade names are proprietary to OPC, its affiliates or its licensors, or any of them, and may not be exploited without the express permission of the owner of such marks or as otherwise authorized under these Terms.
All of the content, course information, products, services and pricing information contained in on this Site are to be considered legally confidential and is not to be disclosed, copied, forwarded, faxed, or shared with any person or organization without the express, written approval of OPC. Further, by using this Site, you agree that such information will not be used in any way (i) to the detriment of OPC or (ii) in manner in which OPC has not expressly consented to in writing.
F. COURSE CANCELLATION/REFUND POLICY
If you choose to apply to register for a course by means of the Site, you acknowledge that fifteen percent (15%) of the total registration fee for the course is a non-refundable administrative charge. If after submitting a course application you desire to cancel your registration, you must notify OPC in writing no less than fourteen (14) calendar days prior to the initial start date for the course. If you timely and properly notify OPC of your cancellation, OPC will issue a refund to the applicant in the amount of eighty-five percent (85%) of your total registration fee. If OPC receives a notice of cancellation less than fourteen (14) days prior to the initial start date for the course, OPC will not issue a refund to you. Unless you timely and properly notice OPC pursuant to this policy, OPC will not issue a refund for your failure to attend the course.
G. LINKS FROM THIS WEBSITE
OPC or third parties may provide links to other sites including the content therein (“Reference Sites”) or may provide third-party materials, media, content, software, services or applications on the Site (“Third-Party Materials”). OPC has no control over such Reference Sites or Third-Party Materials, and makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of such Reference Sites or Third-Party Materials. OPC provides links or Third-Party Materials to you only as a convenience, and the inclusion of any link or Third-Party Materials on the Site does not imply our affiliation, endorsement, or adoption thereof. Access and use of Reference Sites and Third-Party Materials, including the information, materials, products, and services on Reference Sites or available through Reference Sites, is solely at your own risk. Our terms and policies do not govern your use of any site other than the Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
You agree to indemnify and hold harmless OPC, OPC’s officers, directors, employees, agents, affiliates, licensors, partners, contractors, suppliers, and subcontractors from any and all claims, actions, suits, proceedings, losses, obligations, damages, liabilities, costs, debt and expenses, including attorney’s fees, arising out of (i) your use or misuse of the Site; (ii) your submitted content, including use, display or other exercise of its license rights granted herein or otherwise with respect to your submitted content; (iii) your violation of these terms; (iv) your violation of the rights of any other person or entity, including claims that any submitted content infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; (vi) any misrepresentation made by you in connection with your use of the Site; and (vii) any unauthorized use of your account not caused by OPC. OPC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of OPC. OPC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts in and for San Diego County, California, except as otherwise agreed by the parties. You hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, without the express written consent of OPC but may be assigned by OPC without restriction. Any assignment attempt in violation of these Terms shall be null and void.
You agree that any cause of action brought by you arising out of or related to the Site must be commenced within one (1) year after the cause of action accrues. If you fail to commence any cause of action within that time, such cause of action is permanently barred.
OPC may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless OPC is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide OPC with notices only by mail to its address as provided below.
Notification of Infringement
If you have any information regarding any alleged intellectual property infringement please direct this information to OPC at: email@example.com.
If you have any other questions or concerns regarding OPC’s Terms, please contact OPC at: firstname.lastname@example.org.