Terms of Service:
Opare Institute, LLC (“Opare Institute,” “we,” “us,” or “our”) invites you to access and use our websites, including, without limitation, opare.net, foodforthesoul.opare.net, opare.net/store and opare.net/training (the “Websites”).
Any user who registers with us (a “Member”) and/or purchases a product or service through one of our Websites, is agreeing to the terms of this Agreement with respect to such product or service.
1. Use Of Our Sites.
- THE WEBSITES ARE NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL ADVICE. All information, content, and material of the Websites is for informational purposes only and are not intended to serve as a substitute for the consultation, diagnosis, and/or medical treatment of a qualified physician or healthcare provider.
- Your use of any information or materials on the Websites is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Websites meet your specific requirements.
- The content of the pages of the Websites is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Websites for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Unauthorized use of the Websites may give rise to a claim for damages and/or be a criminal offence.
- From time to time the Websites may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
We provide Visitors and Members with access to the Services as described below.
- Visitors, are people who visit the Websites but do not register as a Member. Visitors can view all publicly-available content on the Websites and post comments on that content.
- Members can do all the things that Visitors can do, as well as access exclusive content available only to Members. Members may create, access, and update their personal accounts on the Websites. Members may post comments (collectively, “Member Content”) in the Forums and on Member only content on the Websites.
- When creating your Member account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Member. Letting others use your access credentials to access and use the Content is breach of this Agreement.
2. Community Guidelines.
Opare Institute’s community, strives to create a safe space for all users. The purpose of this community is to provide support and encouragement for each other. Therefore, you agree to comply with these community guidelines (the “Community Guidelines”) when using The Websites:
- You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
- You will not post, or otherwise make available any content that is harmful of others in anyway;
- You will not harass, threaten, or “trash talk” another person. Trolls will be blocked, and removed from the community;
- You will not spam, post unrelated content, or use the Websites to engage in any commercial activities;
- You will let us know about inappropriate content or behavior that you become aware. We will review it and take appropriate action.
- We reserve the right to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
3. Payment and Renewal.
- General Terms. By selecting a product or service, you agree to pay Opare Institute the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable unless otherwise stated in a products description.
- Automatic Renewal. Unless you notify Opare Institute before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
4. Intellectual Property.
- This Agreement does not transfer from Opare Institute to you any Opare Institute or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Opare Institute. Opare Institute, the Website logos, and all other trademarks, service marks, graphics and logos used in connection with the Websites are trademarks or registered trademarks of Opare Institute. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Opare Institute or third-party trademarks.
- The Websites contain material, including videos, pdf downloads, photographs, text, graphics, images, sound recordings, and other material provided by or on behalf of Opare Institute (collectively referred to as the “Content”). The Content may be owned by us or third parties and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
- Visitors may view all publicly-available Content for their own personal, non-commercial use. Members who have purchased any product or service, may download and view any Content contained in such purchased product or service for their own personal, non-commercial use. No other use is permitted without the prior written consent of Opare Institute.
- Violation of any part of this Agreement may result in the termination of your permission to access and/or use the Content.
Opare Institute reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. Opare Institute may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6. Termination Of This Agreement
Opare Institute may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Opare Institute if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Opare Institute’s notice to you thereof. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Limitation of Liability.
In no event will Opare Institute, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Opare Institute under this agreement during the twelve (12) month period prior to the cause of action. Opare Institute shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
8. General Representation and Warranty.
You agree to indemnify and hold harmless Opare Institute, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Opare Institute and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Opare Institute, or by the posting by Opare Institute of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fulton County, Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Atlanta, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Opare Institute may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Opare Institute LLC (“Opare Institute“) operates Opare.net, foodforthesoul.opare.net, opare.net/store and opare.net/training and may operate other websites. It is Opare Institute’s policy to respect your privacy regarding any information we may collect while operating our websites
Like most website operators, Opare Institute collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Opare Institute’s purpose in collecting non-personally identifying information is to better understand how Opare Institute’s visitors use its website. From time to time, Opare Institute may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its websites.
Opare Institute also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on the Websites. Opare Institute only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to Opare Institute’s websites choose to interact with Opare Institute in ways that require Opare Institute to gather personally-identifying information. The amount and type of information that Opare Institute gathers depends on the nature of the interaction. For example, we ask visitors who sign up on the Websites to provide a username and email address. Those who engage in transactions with Opare Institute are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Opare Institute collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Opare Institute. Opare Institute does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Opare Institute may collect statistics about the behavior of visitors to its websites. Opare Institute may display this information publicly or provide it to others. However, Opare Institute does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Opare Institute discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Opare Institute’s behalf or to provide services available at Opare Institute’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Opare Institute’s websites, you consent to the transfer of such information to them. Opare Institute will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Opare Institute discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Opare Institute believes in good faith that disclosure is reasonably necessary to protect the property or rights of Opare Institute, third parties or the public at large. If you are a registered member of an Opare Institute website and have supplied your email address, Opare Institute may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Opare Institute and our products. Opare Institute takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Opare Institute, or substantially all of its assets, were acquired, or in the unlikely event that Opare Institute goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Opare Institute may continue to use your personal information as set forth in this policy.