Terms of Use

AGREEMENT BETWEEN USER AND OPEN PATH PSYCHOTHERAPY, INC.

The Open Path Mental Health Education website (“the Site”) is comprised of various web pages operated by Open Path Psychotherapy Collective (“OPPC”).

Open Path Mental Health Education website is offered to you based on user acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes the user’s agreement to all such terms, conditions, and notices.

The following terms and conditions constitute an agreement between you and Open Path Psychotherapy Collective, (“OPPC,” “we,” or “us”), the operator of mentalhealth.openpathcollective.org (the “Site”). These terms of use (the “Terms of Use”) govern your use of the Site, both as a casual visitor and as a registered user. THESE TERMS AND CONDITIONS ARE BINDING ON YOU (TOGETHER WITH ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU USE THE SITE, “YOU” or “THE USER”). BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of North Carolina any dispute that you may have with us, or the Site. Without limiting the foregoing, you acknowledge that third parties may have a relationship with OPPC that is governed by different agreements or terms and conditions and, you waive any claim against OPPC with respect to such differing terms and conditions. Please note that we offer the Site “AS IS” and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual’s or entity’s behalf.

MODIFICATION OF THESE TERMS OF USE
OPPC reserves the right to change the terms, conditions, and notices under which the Open Path Mental Health Education web site is offered, including but not limited to the charges associated with the use of the Open Path Mental Health Education website.

LINKS TO OTHER SITES
Open Path Mental Health Education website may contain links to other websites (“linked websites”). These linked websites are not under the control of OPPC and OPPC is not responsible for the contents of any linked website, including without limitation any link contained in a linked website, or any changes or updates to a linked website. OPPC is providing these links to you only as a convenience, and this provision does not mean that we endorse these sites or the products and services they provide and we make no warranties or representations of any kind whatsoever regarding those websites, including the products, software, materials, services, content, completeness, accuracy or appropriateness of content on such linked websites. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these linked websites.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Open Path Mental Health Education website, you warrant to OPPC that you will not use the Open Path Mental Health Education website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Open Path Mental Health Education website in any manner which could damage, disable, overburden, or impair the Open Path Mental Health Education website or interfere with any other party’s use of the Open Path Mental Health Education website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Open Path Mental Health Education website.

LIABILITY DISCLAIMER
THE INFORMATION PROVIDED ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MENTAL HEALTH ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MENTAL HEALTH NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MENTAL HEALTH CARE OR THE PROVISION OF MENTAL HEALTH CARE. We do not recommend or endorse any specific tests, mental health professionals, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.

THE INFORMATION, AND SERVICES INCLUDED IN THE SITE OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OPPC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

OPPC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPPC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPPC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPPC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE SOLUTION IS TO DISCONTINUE USE OF THE SITE.

OPPC is not responsible for your online learning experience, your education or what you learn or do not learn by taking one of our courses/classes. Certificates are awarded at the sole discretion of the facilitator.

TERMINATION/ACCESS RESTRICTION
OPPC may terminate and/or suspend your membership immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. OPPC shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Buncombe County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Open Path Mental Health Education website. Use of the Open Path Mental Health Education website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OPPC as a result of this agreement or use of the Open Path Mental Health Education website. OPPC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OPPC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Open Path Mental Health Education website or information provided to or gathered by OPPC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OPPC with respect to the Open Path Mental Health Education website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OPPC with respect to the Open Path Mental Health Education website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”): • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; • Identification of works or materials being infringed; • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that OPPC is capable of finding and verifying its existence; • Contact information about the notifier including address, telephone number and, if available, email address; • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Upon Receipt of a Bona Fide Infringement Notification. Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is OPPC’s policy: • to remove or disable access to the infringing material; • to notify the content provider, member or user that it has removed or disabled access to the material; and • that for repeat offenders, OPPC will also terminate such content provider’s, member’s or user’s access to the service. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: • A physical or electronic signature of the content provider, member or user; • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled; • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and • The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which OPPC is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. Removal. If a counter-notice is received by the Designated Agent, OPPC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at OPPC’s discretion. Address for Designated Agent. Please contact OPPC’s Designated Agent to Receive Notification of Claimed Infringement at the following address: Open Path Psychotherapy Collective “Support” 22 South Pack Sq. #1000, Asheville, North Carolina Phone: 828-407-0216 Fax: 1-888-527-0424 Email: info@openpathcollective.org

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