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The Orpheus Institute - Terms of use
Terms of use Effective: September 2019 Welcome and thank you for visiting The Orpheus Institute website (the “Site”) and reviewing our Terms of Use (“Terms”). The Orpheus Institute makes this website, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use, subject to these Terms. 1. Acceptance of the Terms PLEASE READ THESE TERMS BEFORE USING THE SITE BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING, USING, OR DOWNLOADING IN ANY WAY ANY MATERIALS FROM THIS SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS. THESE TERMS – AND ANY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN THE SITE – APPLY TO YOU. We reserve the right, in our sole and absolute discretion, to change these Terms at any time, without any prior notice to you or any Site visitor. Any updates to the Terms will apply to you prospectively, so you should check back each time you return to the Site for any updates. Use of the Site following the posting of any changes to the Terms shall be conclusively deemed acceptance of those changes by you. 2. Medical and Therapeutic Disclaimer We provide Materials on the Site for general informational purposes only, and these are not intended or implied to serve as medical or therapeutic advice, diagnosis, or treatment. You should not use this information to diagnose or treat any health issues, illnesses, or diseases. The Site is not providing any medical or therapeutic advice. If you have or suspect you have a health or medical problem, you should consult with your doctor or therapist. The Orpheus Institute and its affiliates neither endorse nor are responsible for the accuracy and reliability of any products, services, events, opinions, advice, or statements made on the Site by anyone other than an authorized The Orpheus Institute representative while acting in his or her official capacity. 3. Username and Password; Account Protection While you can browse the Site without creating an account, certain services may only be used if you have created an account profile. In creating an account, you must provide us with accurate and complete registration information, as prompted in the registration form. You must promptly notify us if any of this information changes. If you fail to provide or update this information, we may terminate your right to use the Site. As part of the registration process and setting up an account, you will provide an email address and generate a password to access the Site. You are responsible for maintaining the security and confidentiality of your username and password. You must notify us immediately if you believe an unauthorized person has obtained your password or accessed your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your account. 4. Online Conduct You must be 18 years or older to use the Site. In using the Site, you agree to (a) keep intact all trademark, copyright, and other proprietary notices; (b) not use the Materials in a manner that suggests an association with any of our products, services, or brands; and (c) make no modifications to the Materials. You agree to use the Site only for lawful purposes. Unacceptable uses of the Site include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) creating, disseminating, or transmitting files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity, or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting, or permitting the downloading of any message, software, or content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions; (vi) interfering, disrupting, or attempting to gain unauthorized access to other accounts on the Site or any other computer network; (vii) disseminating or transmitting viruses, spyware, adware, or any other malicious or invasive code or program; or (viii) engaging in any other activity we deem to be inconsistent with the spirit or intent of this Site. 5. Intellectual Property Rights We grant you a license to view and use the Materials subject to these Terms. Unless otherwise specified, the Materials on this Site are for your individual personal and non-commercial use. You may not sell or modify the Materials or reproduce, transfer, upload, post, display publicly, or otherwise use the Materials in any way other than as permitted by U.S. and international intellectual property laws or these Terms. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from us. (For example, you are prohibited from uploading any of our Materials to any third-party website or platform including social network platforms such as YouTube or Facebook, or to text platforms such as Scribd.) Likewise, you may not make our Materials available to anyone else via peer-to-peer sharing technology even if the Materials remain on your computer or device. We or our affiliates own, control, or license the Materials available on the Site, and the Materials on the Site are protected from unauthorized use, copying, and dissemination by U.S. and international intellectual property laws. Any commercial or promotional distribution, publishing, or exploitation of the Site, or any content, code, data or Materials on the Site, is strictly prohibited, unless we have provided you with our prior written permission. You may create a plain text hyperlink to the pages of our Site provided that neither you nor the link portrays us or any of our products and services in a false or disparaging manner or suggests sponsorship, affiliation, or endorsement by or with us. We may revoke this permission at any time for any reason upon notice to you. You may not “frame,” inline link, or similarly display any of our content or property, including, without limitation, the Site. You may not use any of our trademarks as part of the link without our express written permission. We respect the intellectual property rights of others and expect our users to do the same. We may, in our sole and absolute discretion, terminate the accounts of users who infringe the copyrights of others. 6. Privacy Policy You agree to comply with, and consent to, the terms of our Privacy Policy, which is incorporated by reference into these Terms. 7. Third Party Websites This Site may link you to other sites on the Internet, which are unrelated to The Orpheus Institute. Any links on this Site to unrelated pages have been provided as a convenience to you, but we do not control or endorse these linked websites, nor review or approve the content that appears on the linked websites. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through the linked websites. 8. Site Operation; Disclaimer The Orpheus Institute and its service providers will use reasonable efforts to ensure that the Site is available 24 hours a day, 7 days a week. However, from time to time Site may be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment. Reasonable steps will be taken by The Orpheus Institute to minimize such disruption where it is within The Orpheus Institute’s reasonable control. YOU AGREE THAT THE ORPHEUS INSTITUTE WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE, OR LACK OF AVAILABILITY OF THE SITE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) FOR ANY LOSS OR DAMAGES OF ANY KIND THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SITE, ITS PERFORMANCE, OR THE MATERIALS; ANY ERRORS OR OMISSION IN THE SITE; ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, WIRELESS DEVICES, OR TECHNOLOGY, EVEN IF FORESEEABLE OR EVEN IF THE ORPHEUS INSTITUTE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT. You acknowledge and agree that using the Site involves the use of computers and networks located throughout the United States and the world. As a result, the network architecture used and the nature of electronic communications, even communications that appear to be intrastate can result in the transmission of interstate communications regardless of where you are physically located at the time of the transmission. Accordingly, you acknowledge that the use of the Site results in interstate data transmissions. 9. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless The Orpheus Institute, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site, (b) your violation of any term of these Terms, or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site. 10. Termination Termination of Use. You agree that The Orpheus Institute, without prior notice, may immediately terminate or suspend or limit your access to the Site for good cause. Good cause for such termination, limitation of access, or suspension shall include, but not be limited to: (a) Termination, breaches, or violations of any incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Site (or any part thereof); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; and (f) any fraudulent or illegal activities by you. Further, you agree that all terminations, limitations of access, and suspensions for good cause shall be made in The Orpheus Institute’s sole discretion and that The Orpheus Institute shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site. Effect of Termination. Termination of your account includes any or all of the following: (a) removal or denial of access to all or part of the offerings within the Site, (b) deletion of your account, password, and all related information and files associated with your account (or any part thereof), and (c) barring of further use of all or part of the Site. Termination of your account and limitations on access shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability or obligation you otherwise may have to The Orpheus Institute, including all indemnification obligations contained herein, which hereby expressly survive any termination. 11. Online Courses and Certification Trainings Online Course Return Policy. Our online courses generally offer a full, no-questions-asked, money-back guarantee if you decide that you are not receiving value from your online course within 14 days of purchase. Email top@theorpheusinstitute.org for a refund request. Online Certification Trainings. You may request a refund up to 7 days from your date of purchase. Refunds will be honored based upon total tuition paid at time of request less any applicable payment plan fees. If you are not satisfied with your purchase for any reason you may cancel up to seven days after the course start date and receive a refund less the non-refundable cancellation fee of $775 USD and any applicable payment plan fees. Please contact us at support@theorpheusinstitute.org to request your refund and allow up to 30 days for your refund to be processed. There will be no refunds offered on or after the eighth day from program start date. Once a cancellation occurs, access to the course will no longer be available to the enrollee. Changes to scheduled certification course date(s) will result in a $575 USD fee. This fee will apply to each change of certification date(s). Should e-learning be announced, or do we wait until it is ready? 12. Membership If you are a member of The Orpheus Institute, your membership will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, the “Payment Method”) to use the service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. Recurring Billing. By starting your membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then-current rate, and any other charges you may incur in connection with your use of the service to your Payment Method. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will take effect following email notice to you. Billing Cycle. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on or around that date. Your renewal date may change due to changes in your Membership. As used in these Terms, “billing” shall indicate a charge, debit, or other payment clearance against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Your membership needs to be cancelled a minimum of 24 hours before your monthly charges occur. Cancellation. To cancel your membership, go to www.theorpheusinstitute.org/subscription and click on the CANCEL SUBSCRIPTION button. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the ‘Your Account” page. 13. Ability to Accept Terms of Use You affirm that you are either at least 18 years or age or an emancipated minor and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by these Terms. 14. Miscellaneous These Terms will be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods. These Terms constitute the entire agreement and understandings by the parties relating to the subject matter hereof and supersede all prior agreements, proposals, or understandings between the parties regarding such subject matter. Further, each party shall comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under these Terms. The prevailing party in any arbitration, action, suit, or proceeding arising out of or relating to these Terms shall be entitled to all costs incurred, including, but not limited to, all costs of the arbitration and other costs and expenses (including, but not limited to, attorneys’ fees and expenses). Such arbitrator shall determine which party is the prevailing party, whether or not such dispute proceeds to final adjudication. Nothing in this paragraph shall be deemed to limit The Orpheus Institute’s right to obtain injunctive relief. The rights and obligations set forth herein may not be assigned, in whole or part, by the User without the prior written consent of The Orpheus Institute. All waivers must be in writing and executed by the waiving party. The failure by a party to enforce any provision hereof shall not be construed as a waiver of such provision. If any term hereof shall be held to be invalid by any competent court, these Terms shall be interpreted as if such invalid provisions were not contained in the Terms. 15. Contact Us. top@theorpheusinstitute.org
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The Orpheus Institute c/o Zaradich, 333 W. Broadway # 653 ANAHEIM, CA 92815 • USA We are a nonprofit educational organization dedicated to empowering people and communities to realize their full potential through the transformative power of music and art.
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