Sections 12 (Refund and Cancellation Policy) and the waivers in Sections 25 and 26 are specific to class and event participation.
1. Grant of License.
This Agreement provides you with a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Site, conditioned on your continued compliance with the terms and conditions of this Agreement. You shall not interfere (or permit the use of your access by a third party to interfere) or attempt to interfere with the operation or use of the Site by other users in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this Agreement.
Certain parts or features of the Site, including but not limited to our Member Library, may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username).
If you register with the Site, or if you have been assigned a login ID, password, or other credentials in order to access the Site (collectively, “Credentials”) you are responsible for maintaining the confidentiality of your Credentials, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email, password, or Credentials, if any, and agree you will not sell, transfer or assign your access or any access rights or otherwise permit any other person to use your Credentials. Pinpointeducation.com may, in its sole discretion, and at any time, with or without notice, terminate your Credentials and/or membership, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.
3. Nature of Service.
Pinpointeducation.com is a for-profit web-based learning platform providing live, virtual, and online education and free information in the fields of healthcare, massage, manual therapy, bodywork, movement/ active range-of-motion and pain neuroscience education (PNE). Users can also enroll in classes through links on the Site.
4. No Recommendations or Medical Advice.
Pinpointeducation.com is not a medical referral service, and does not recommend or endorse any particular health care provider or medical service of any kind. Pinpointeducation.com does not offer advice regarding the quality or suitability of any particular health care provider for massage care, medical treatment or for any health condition, and no information on the Site should be construed as health or medical advice. VELASTION EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN AS A REFERENCE SOURCE, AND FOR ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY HEALTH CARE PROVIDER FEATURED ON THE SITE.
5. Health Care Provider / Patient Relationship.
You acknowledge and agree that pinpointeducation.com is only an intermediary that provides selected information to users. You agree to assume all responsibility in connection with choosing any health care provider or service, whether or not you obtained information about such health care provider or service through the Site. Velastion assumes no responsibility or liability for any claims that may result directly or indirectly from the health care provider / client relationship, including but not limited to malpractice claims.
6. Intellectual Property Rights.
All materials contained in the Site including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with the Site are copyright by pinpointeducation.com and/or its suppliers with all rights reserved. Pinpointeducation.com also owns a copyright on the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any information or any other content generated by the Site without pinpointeducation.com’s written consent is expressly prohibited. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble, or assist any third-party to do any of the foregoing, any aspect of the Site, with the following exception: You may display, print, and store one electronic copy of content provided by pinpointeducation.com for your personal use, provided you keep intact all copyright and other proprietary notices. You may not, without pinpointeducation.com’s written permission, “mirror” or “frame” any material contained on this Site. pinpointeducation.com, PINPOINT EDUCATION, PAIN SCIENCE, SOCIAL HOUR, RECALIBRATING PAIN, OPEN BODYWORK and all other names, logos, and icons identifying Velastion’s products and services are proprietary marks of Velastion, and any use of such marks without the express written permission of Velastion is strictly prohibited. Unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. Please be aware that Velastion actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
7. Proprietary Rights in Health Care Information.
8. Links to Other Sites.
Pinpointeducation.com may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of users in locating health, and health care-related products, information and services. These sites have not been reviewed by pinpointeducation.com and are maintained by third parties over which pinpointeducation.com exercises no control, and accordingly pinpointeducation.com expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party websites. Moreover, these links do not imply, directly or indirectly, endorsement by or affiliation with any third party or any website, products, or services provided by any third party.
9. Advertisers on this Site.
Pinpointeducation.com, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or dealings with advertisers found on this Site, through links or otherwise, are solely between you and such advertiser. You agree that pinpointeducation.com shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, pinpointeducation.com shall not be responsible or liable for the statements or conduct of any third party on this Site, including but not limited to advertisers.
10. Transactions with Third Parties.
This Site allows you to purchase products and services directly from third party vendors (“Third Party Vendors”) through links on the Site. Pinpointeducation.com is not a party to any transaction between you and any Third Party Vendor. By using the Site, you acknowledge and agree that pinpointeducation.com and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly from (i) any products or services ordered through the Site (including, without limitation, delivery (or failure to deliver), quality, performance, compatibility, and suitability for a particular purpose), and (ii) any action or inaction of any Third Party Vendor. Pinpointeducation.com makes no warranties or representations whatsoever regarding any product or service provided or offered by any Third Party Vendor and you acknowledge that any reliance on representations and warranties provided by any Third Party Vendor shall be at your own risk. PINPOINTEDUCATION.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY VENDORS AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTY VENDORS FOR ALL CLAIMS REGARDING SUCH GOODS AND SERVICES.
11. Payments to Third Parties.
Payment for products and services offered by Third Party Vendors on this Site can be made either via the Internet through links on the Site (either by transmitting credit card information via the Internet and/or electronic funds transfer), or by other methods. You agree that pinpointeducation.com cannot guarantee that any form of payment via the Internet is secure or that a third party will not be able to access or intercept such payment information. If you have concerns about payment via the Internet, you should use an alternative means of payment. You acknowledge and agree that pinpointeducation.com will have no liability for failure of any electronic payment system offered by Third Party Vendors accessible through the Site.
12. Refund and Cancelation.
By registering or purchasing a live, virtual, or online class, course, workshop or upgrade, as defined below, you agree to have fully read and understood this cancellation and refund policy, including Section 18 below. Refunds will be issued only if you notify pinpointeducation.com 14 business days prior to the start of a virtual or live class. There are no refunds if you withdraw from a class less than 14 business days prior to the start of the class, or if you fail to attend. A processing fee of $50 per class will be deducted from any refund issued for a live or virtual class. You will get an email confirmation once pinpointeducation.com receives your cancellation and processes your refund. No refunds are issued for classes already taken. Please be aware that in order to receive CEUs (continuing education units) for a course, you must attend and pay for the entire course. There are no makeups or partial CEUs granted. No refunds are issued for online courses or upgrades. In order to receive CEUs for an online course, you must complete the entire course. There are no partial CEUs granted. No refunds are issued for electronic downloads or printed materials. Supported Affiliates are defined by independent classes hosted outside the pinpointeducation.com platform. (These are noted by the Supported Affiliate symbol [*] and are separate business transactions not handled by Velastion, or an affiliate thereof). The cancellation and refund policies of the Supported Affiliate provider duly override these refund policies and any cancellation requests or refunds must be directed to the independent provider of that class. If there is an issue with the Supported Affiliate, please let pinpointeducation.com know. Though we do not have control over how others run their operations, we make every effort to provide and refer to quality classes and instructors and will address circumstances accordingly. For purposes of this Section 12, “Live” is defined as a class/course/workshop where the enrollee physically attends at a specific location on specifically scheduled day(s); “Virtual” is defined as a class/course/workshop where the enrollee attends remotely via the internet or other streaming method in real-time (such as a webinar). Please refer to the conditions of specific virtual classes for timeline and details (conditions may vary); “Online” is defined as a class/course/workshop the enrollee can access at anytime, anywhere via an internet connection and where there is no live or virtual component. All lessons are conducted via written/reading materials, downloadable content, slides, audio recordings, private course-related comment threads or Q&A, and/or pre-recorded video(s); “Upgrade” is defined as a separate component or module that can be added to an original live, virtual, or online class (ex. a live workshop can be attended, however, there may also an option to add online access for long-term learning at the time of purchase or anytime after).
13. Third Party Content.
Certain materials from Third Party Vendors and IIPs including but not limited to health care information, product reviews, news, data, research, analysis, and opinions, may be made available as part of the Site. Pinpointeducation.com makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, or correct sequencing of, such Third Party Vendor or IIP content. Likewise, pinpointeducation.com does not endorse, oppose, or edit any opinion or analysis expressed by a Third Party Vendor or an IIP. Pinpointeducation.com expressly disclaims responsibility and liability for Third Party Vendor and IIP provided materials.
15. Permission to Use of Your Submissions.
By transmitting or posting any suggestions, information, material, or other content (collectively, “Content”) to pinpointeducation.com, you automatically grant pinpointeducation.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content. Further, pinpointeducation.com is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
16. Confidentiality on Internet.
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While pinpointeducation.com has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to pinpointeducation.com over the Internet cannot be guaranteed. Consequently, pinpointeducation.com and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. To ensure private and personalized attention, you can write to pinpointeducation.com at: Pinpoint Education 90 State St. Suite 700 Office 40, Albany, NY, 12207.
17. Security of Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, pinpointeducation.com reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Pinpointeducation.com will also comply with all court orders involving requests for such information.
18. Events Beyond Pinpointeducation.com’s Control.
Pinpointeducation.com and its affiliates will not be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to sudden illness, accidents, or family emergency, which may render an instructor physically unable to instruct a class; failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; computer viruses; unauthorized access; theft; operator errors; severe weather, earthquakes, or natural disasters; strikes or other labor problems; wars; or governmental restrictions.
19. Changes in Service.
While pinpointeducation.com endeavors to provide the most accurate, up to date information available, the Health Care Information and materials on the Site may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; pinpointeducation.com will not be liable or responsible for any such inaccuracies, errors, changes, or updates. Pinpointeducation.com also reserves the right to change and/or discontinue its currently provided services at any time, for any reason.
20. LIMITATION OF LIABILITY AND WARRANTY.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER PINPOINTEDUCATION.COM NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
PINPOINTEDUCATION.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING SEPARATE AGREEMENTS YOU MAY MAKE WITH THIRD PARTY HEALTH CARE AND/OR SERVICE PROVIDERS AND THIRD PARTY VENDORS, AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTY HEALTH CARE AND/OR SERVICE PROVIDERS AND THIRD PARTY VENDORS FOR ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR THE MEDICAL CARE PROVIDED BY SUCH PARTIES.
THE PINPOINTEDUCATION.COM SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PINPOINTEDUCATION.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT USING THE HEALTH CARE INFORMATION OR THE SITE WILL ASSIST YOU IN ANY WAY, WHETHER TO LOCATE A SUITABLE HEALTH CARE AND/OR SERVICE PROVIDER OR FOR ANY OTHER PURPOSE. PINPOINTEDUCATION.COM DOES NOT WARRANT OR REPRESENT THAT (A) THE SITE CONTAINS ALL RELEVANT DATA, OR (B) THE INFORMATION ON THE SITE IS ACCURATE AND COMPLETE.
NEITHER PINPOINTEDUCATION.COM NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF PINPOINTEDUCATION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF PINPOINTEDUCATION.COM (AND THE PARTIES REFERENCED ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM ARISING DIRECTLY OR INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 20 WILL APPLY TO YOUR USE OF THE SITE, ALL CONTENT AND INFORMATION CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
You agree to defend, indemnify, and hold harmless Velastion and its affiliates and all of their respective employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on information obtained at the Site, any products or services obtained through the Site, and any breach by you of this Agreement.
22. Term and Termination.
This Agreement will take effect at the time you enter and begin using the Site. Pinpointeducation.com reserves the right at any time to deny you access to the Site or any portion thereof, and to terminate this Agreement.
23. Governing Law.
This Agreement has been made in and will be construed and enforced in accordance with New York law, as applied to agreements entered into and completely performed in New York. Any action to enforce this Agreement will be brought in the federal or state courts presiding in New York, New York U.S.A., and both parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by pinpointeducation.com from its offices within the United States. Pinpointeducation.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of pinpointeducation.com and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Pinpointeducation Entities ”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ( “FAA” ), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Pinpointeducation Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Pinpointeducation Entity; and (8) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the relevant rules of arbitration, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor pinpointeducation.com shall be entitled to arbitrate their dispute.
25. Image Release Waiver
You acknowledge and are aware photographs, videos, audio, and other references or records of you (“Likeness”) may be recorded during any live, virtual, and online classes or events (“Workshops”) affiliated with Velastion. You grant Velastion and any Pinpointeducation Entity, the unrestricted and irrevocable right to use any Likeness in which you may be included, for curriculum, editorial, advertising, and any other purpose in any manner; and to alter and composite the Likeness in any medium without restriction and without inspection or approval. In accordance with Section 6, you understand and agree Velastion retains full ownership and rights to any Likeness and you will not be compensated. You agree to release Velastion, its legal representatives, and any Pinpointeducation Entity from any and all claims and liability relating to said Likeness, as in accordance with Section 21.
26. INFORMED CONSENT AND LIABILITY WAIVER RELEASE FOR PARTICIPATION IN WORKSHOPS
In consideration of the services of Velastion including, but not limited to its agents, owners, officers, volunteers, participants, employees, educators, contractors, affiliates, and all other persons or entities acting in any capacity on its behalf (“Pinpoint Education”), you acknowledge and agree to release, waive, hold harmless, and discharge Pinpoint Education and any Pinpointeducation Entity of any and all claims past, present or future, on behalf of you or any of your representatives, as in accordance with Section 21. You acknowledge and understand Pinpoint Education Workshops may include physical movement and interpersonal contact. As with any related activity, the risk of injury to you, other participants, and third parties is always present and cannot be entirely eliminated. You agree to inform Pinpoint Education as well as any participant(s) you engage with of any existing or pre-existing health conditions, injuries, or other medical concerns. If you experience any pain or discomfort during classes you agree to communicate and/or stop and ask for support from Pinpoint Education.
You promise you will only apply the skills gained through Pinpoint Education if they are within your legal scope of practice and agree to uphold the highest ethical standards. You further acknowledge and understand any Workshops affiliated with Velastion, Pinpoint Education, and any Pinpointeduction Entity are not substitutes for examination, diagnosis or treatment by a physician and you will promptly consult your medical provider for any physical or mental health concern you, your client(s), or patient(s) may have. You hereby expressly agree and promise to accept and assume all assumptions of risks, known or unknown, that may be present in any Velastion and Pinpoint Education Workshops. You further acknowledge that Pinpoint Education may, at its sole discretion remove or bar you from participation in any Workshops, without refund or credit, in order to prevent injury or inconvenience to yourself or others.
You represent that you have read this Agreement, understand its terms, and agree and intend to be legally bound by it. You acknowledge that, in providing you access to and use of the Site and voluntary participation in any Workshops, pinpointeducation.com has relied on your agreement to be bound by the terms of this Agreement.