Osteopathy’s Promise to Children (“OPC”) is pleased to provide you with this site for your personal and professional education. Nothing contained on this site constitutes a recommendation for medical care, nor does OPC make a warranty of any kind regarding an individual on-line user’s experience. The following Terms and Conditions apply to your access to and use of the website located at https://the-promise.org, and all successor URLs, and all services, courses, and materials offered thereon (collectively, the “Site”) which are offered to you by 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.
A. COPYRIGHT, COPYING AND TRADEMARK
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. For special copyright permissions, or to purchase OPC materials, please email: info@the-promise.org.
OPC and “The Promise” are registered Trademarks of OPC.
B. ELIGIBILITY
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 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.
C. PRIVACY
OPC has a Privacy Policy that describes how we collect information from you or about you, why we collect this information, how we will use or disclose this information. In addition, OPC’s Privacy Policy sets forth our general policies on information security. To review OPC’s Privacy Policy, click here https://the-promise.org/contact/.
D. DISCLAIMERS
No Medical Advice
THE INFORMATION CONTAINED IN THIS OPC WEB SITE OR TRANSMITTED TO YOU ELECTRONICALLY IN RESPONSE TO A MESSAGE FROM YOU IS NOT INTENDED NOR IMPLIED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS VISIT OR SPEAK TO A QUALIFIED HEALTH SERVICE PROVIDER IN PERSON PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THIS OPC WEB SITE DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL ADVICE AS PART OF THIS SERVICE.
No Warranty
OPC ASSUMES NO LIABILITY FOR ANY DIAGNOSIS, TREATMENT, DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED IN THE OPC WEB SITE OR ANY OTHER INTERNET SITES LINKED TO IT IN ANY WAY. OPC DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE OPC WEB SITE OR THE INTERNET.
Furthermore, OPC does not make any express or implied warranties, representations, or endorsements whatsoever in connection with the OPC Web site, other Web sites accessed by “hyperlink,” or the Internet generally (including without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose). You understand that, except for information, products, or services clearly identified as being supplied by OPC, OPC does not review, operate, or control any material, information, products or services on https://the-promise.org, pages or on the Internet, including electronic transmissions from Users or materials connected to the OPC Web site through “hyperlinks,” in any way.
Unless stated otherwise, all the people shown in the photographs on https://the-promise.org,are models. Their photos were chosen based solely for aesthetic reasons. Other than that, the people in these pictures have no connection to OPC, The Promise or any of the topics discussed on the Website.
In no event shall OPC be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the OPC Web site, or any failure or delay in updating or including any materials on the OPC Web site, or any use of or inability to use any materials on the OPC Web site, even if OPC has been advised of the possibility of such damages. (Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you.)
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.
Published Materials
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.
Website Operation
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
Although OPC makes an effort to ensure the correctness of data, 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.
Harm to Your Computer
You understand and agree that OPC cannot and does not guarantee or warrant that files available for downloading through the service will be free of “infection” or “viruses” or “worms”, “Trojan horses,” or other codes that manifest contaminating or destructive properties. Your use, access, downloading or otherwise obtaining information, materials or data through the Site (including rss feeds) or any reference sites, is at your own discretion and risk and you are 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” and “as available”, “with all faults” basis and without warranties or representations of any kind, either express or implied.
E. CONFIDENTIALITY
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 a 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, the applicant (“Applicant”) agrees that the application fee is non-refundable and represents the administrative cost of determining the Applicant’s eligibility (“Application Fee”). The application shall require the payment of the Application Fee and the registration fee for the cost of attending the course (“Registration Fee”). In the event an Applicant is denied admission to a specific course the Registration Fee shall be refunded. An accepted Applicant shall be registered for the course and the registration fee payment shall be credited against the Registration Fee for the specific course.
If after registration the Applicant desires to cancel his or her registration for the course the Applicant must notify Osteopathy’s Promise to Children (“OPC”) of their CANCELLATION in writing, (“Notice of Cancellation”), at least fourteen (14) days prior to the initial start date for the course. If the Applicant timely and properly provides OPC with a Notice of Cancellation OPC will issue a refund of the Registration Fee to Applicant. If OPC receives a Notice of Cancellation less than fourteen (14) days prior to the initial start date for the course, or an Applicant fails to attend the course, OPC will not issue a refund of the Registration Fee.
G. DISCLAIMER OF ENDORSEMENT-LINKS FROM THIS WEBSITE
The information posted on this OPC website includes information copyrighted by others, as well as hypertext 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.
H. INDEMNIFICATION
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.
I. USER RULES
In order to maintain an informative and valuable service that meets the needs of the viewers and avoids harm to others, it is necessary to establish and for you to follow these User Rules:
1. The user may download, print, or transmit information from the OPC web site for personal, private use. however, the user must make sure that proper copyright notice is affixed to each copy transmitted or printed and in no case may the materials be reproduced in bulk or for commercial use without express, written permission from:
Osteopathy’s Promise to Children
3706 Ruffin Road
San Diego, CA 92123
2. Users may not post or transmit any message that is libelous or defamatory, or violates any other person’s copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. The User indemnifies OPC for any and all damages suffered by third parties as a result of the User’s violation of this term.
3.Users may not post or transmit any message, data, image, or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.
4. Users may not interfere with other Users’ use of the OPC Web site, including, without limitation, disrupting the normal flow or use of the service.
5. Users may not post or transmit any file which contains “viruses,” “worms,” “Trojan horse” or any other contaminating or destructive features.
6. It is our general policy to protect the privacy of the persons transmitting any messages to OPC. However, OPC reserves the right to reproduce and distribute part or all of a message without any compensation to the User so long as any identifying information is deleted.
We reserve the right to remove any information that is posted in violation of these terms and to suspend any registered user accounts for persons who violate these terms and conditions.
J. GENERAL
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.
Severability
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.
Assignment
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.
Claims
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.
Notice
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: info@the-promise.org.
Contact OPC
If you have any other questions or concerns regarding OPC’s Terms, please contact OPC at: info@the-promise.org.
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