Member Terms & Conditions

Last modified: June 22, 2021

1. Acceptance of the Terms and Conditions

These terms of use are entered into by and between you (“Member” or “you”) and Hoskinson Consulting, d/b/a Organic Intelligence (”Company”, “we”, or “us”). The following terms and coditions, together with any documents expressly incorporated by reference (collectively, these “Terms”), govern your access to and use of the content, functionality, and services offered on or through oiredesigndev.wpenginepowered.com (including Directory Listings), learnoi.org, getoi.org, hoskinsonconsulting.org, endoftrauma.org, and related websites that link to these terms (the “Website”), as a registered user. These Terms of Service for Members apply only to Members, and not to site visitors or users.

Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy (found at organicintelligence.org/privacy/). If you do not agree to these Terms or our Privacy Policy, you must not access our Member services.

2. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. To the extent permitted by law, changes to these Terms are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Member’s continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. Member is expected to check this page so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users or Members.

To access Website resources, including the Directory Listing, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. Member must notify Company in writing if Member’s credentials or professional licensing status changes or is suspended, revoked, or expired. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Your Member registration will be reviewed and must be approved by the Company, in its sole discretion, before you may access Website resources. To the extent permitted by law, the Company may perform a background investigation, check credentials, or request references while reviewing your registration. The Company reserves the right to refuse registration to anyone with or without cause.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. Further, you acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any profile, user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You represent that no grievance, complaint, or action has been brought or filed against you before any licensing, regulating, associative, or legal body for any violation or misconduct of any kind. This representation is a continuing obligation. Any such grievance occurring during the term of your membership, violates these terms and, regardless of whether the Company is aware of the grievance at the time, automatically revokes your authorization to use the Member services.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your social and professional representation only, not for other commercial use. For instance, Member must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except that Member’s computer may temporarily store copies of such material in RAM incidental to your accessing and viewing such material, and Member may store files that are automatically cached by your Web browser for display enhancement purposes.

Members must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Organic Intelligence encourages members to let others know of the value of our endeavor. We are happy to assist you with sharing Organic Intelligence, and provide support for appropriate permissions and citations — simply giving credit where credit is due, and not engaging in “intellectual appropriation.” If you wish to use material on the Website other than as set out in this section, please contact us and we will be happy to help.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

5. Trademarks

The Company name, the term “HEARTraining”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Member must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6. Prohibited Uses

Member may use the Website only for lawful purposes and in accordance with these Terms. Member agrees not to use the Website:

In a way that violates applicable federal, state, local, or international law or regulation (including, without limitation, laws regarding the export of data or software to and from the US or other countries)..
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or other solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another Member, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company, Members, or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, script, spider, or other automatic process to scrape or access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

7. Member Content

The Website may contain profiles, forums, bulletin boards, and other interactive features that allow Members to post, submit, publish, display, or transmit to users or other persons (hereinafter, “post”) content or materials (collectively, “Member Content”) on or through the Website.

All Member Content must comply with the Content Standards set out in Section 9.

Any Member Content posted to the Website will be considered non-confidential and non-proprietary. By providing Member Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

You own or control all rights in and to the Member Content and have the right to grant the license described above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your Member Content complies with these Terms.

You, and not the Company, are responsible for any content you submit or contribute, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Member Content posted by you or any other Member of the Website. Nothing in these Terms may be construed to permit the Member to use any content or Member Content provided on the Website for purposes of or as part of therapy or health care services for any individual.

Without limiting the foregoing, Member agrees that Company may modify and update Member Content, in an effort to increase accuracy, reduce spelling and grammar errors, eliminate duplicate content, and to improve the overall quality of the Website. Member agrees that there is no guarantee that such changes will achieve the above-mentioned objectives. The Company, at its discretion, may or may not provide notice to Members of any such edits.

8. Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any Member Content for any or no reason in our sole discretion.
Take any action with respect to any Member Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Member Content violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any Member, user, or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards

These content standards apply to any and all Member Content and use of the Website. Member Content must comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, Member Content must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote nudity, sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender, socio-economic or employment status, physical or mental ability or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.
Post any material that is false, inaccurate, or misleading or is likely to deceive any person.
Promote any unethical, immoral or illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales other than Member’s own services, or involve contests, sweepstakes, bartering, or other sales promotions or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Company is the sole interpreter of these Content Standards. A Member who violates these Content Standards may have their access and use of the Website suspended or terminated at our discretion. The Company is under no obligation to, but Company may at any time take any action with regard to Member Content that it deems necessary or appropriate. You may report inappropriate Member Content to [email protected].

10. Copyright Infringement

If you believe that Member Content violates your copyright or other intellectual property, please send us a notice of copyright infringement to [email protected].

11. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Further, we do not recommend or endorse any specific Members, professionals, tests, products, procedures, treatments, opinions, or other information mentioned on this site. Any reliance placed on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other Members. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.

12. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

13. Information About You and Your Visits to the Website

Information collected on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Linking to the Website and Social Media Features

Member may link to our homepage, provided it is done so in a way that is fair and legal and does not compete with us or damage our reputation or take advantage of it. Further, Member must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Subject to the foregoing, Member must not cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

The website from which Member is linking, or on which Member makes certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

Member agrees to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

15. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from use of them. Accessing any third-party website linked to this Website is entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Disclaimer of Warranties

Member Understands That We Cannot And Do Not Guarantee Or Warrant That The Website Or Its Content Will Be Free Of Viruses Or Other Destructive Code. Member Is Responsible For Implementing Sufficient Procedures And Checkpoints To Satisfy Member’s Particular Requirements For Anti-virus Protection And Accuracy Of Data Input And Output, And For Maintaining A Means External To Our Site For Any Reconstruction Of Any Lost Data. To The Fullest Extent Provided By Law, We Will Not Be Liable For Any Loss Or Damage Caused By A Distributed Denial-of-service Attack, Viruses, Or Other Technologically Harmful Material That May Infect Your Computer Equipment, Computer Programs, Data, Or Other Proprietary Material Due To Your Use Of The Website Or Any Services Or Items Obtained Through The Website Or To Your Downloading Of Any Material Posted On It, Or On Any Website Linked To It.

Your Use Of The Website, Its Content, And Any Services Or Items Obtained Through The Website Is At Your Own Risk. The Website, Its Content, And Any Services Or Items Obtained Through The Website Are Provided On An “as Is” And “as Available” Basis, Without Any Warranties Of Any Kind, Either Express Or Implied. Neither The Company Nor Any Person Associated With The Company Makes Any Warranty Or Representation With Respect To The Completeness, Security, Reliability, Quality, Accuracy, Or Availability Of The Website. Without Limiting The Foregoing, Neither The Company Nor Anyone Associated With The Company Represents Or Warrants That The Website, Its Content, Or Any Services Or Items Obtained Through The Website Will Be Accurate, Reliable, Error-free, Or Uninterrupted, That Defects Will Be Corrected, That Our Website Or The Server That Makes It Available Are Free Of Viruses Or Other Harmful Components, Or That The Website Or Any Services Or Items Obtained Through The Website Will Otherwise Meet Your Needs Or Expectations.

To The Fullest Extent Provided By Law, The Company Hereby Disclaims All Warranties Of Any Kind, Whether Express Or Implied, Statutory, Or Otherwise, Including But Not Limited To Any Warranties Of Merchantability, Non-infringement, And Fitness For Particular Purpose.

The Foregoing Does Not Affect Any Warranties That Cannot Be Excluded Or Limited Under Applicable Law.

18. Limitation on Liability

To The Fullest Extent Provided By Law, In No Event Will The Company, Its Affiliates, Or Their Licensors, Service Providers, Employees, Agents, Officers, Or Directors Be Liable For Damages Of Any Kind, Under Any Legal Theory, Arising Out Of Or In Connection With Your Use, Or Inability To Use, The Website, Any Websites Linked To It, Any Content On The Website Or Such Other Websites, Including Any Direct, Indirect, Special, Incidental, Consequential, Or Punitive Damages, Including But Not Limited To, Personal Injury, Pain And Suffering, Emotional Distress, Loss Of Revenue, Loss Of Profits, Loss Of Business Or Anticipated Savings, Loss Of Use, Loss Of Goodwill, Loss Of Data, And Whether Caused By Tort (Including Negligence), Breach Of Contract, Or Otherwise, Even If Foreseeable.

The Foregoing Does Not Affect Any Liability That Cannot Be Excluded Or Limited Under Applicable Law.

19. Indemnification

Member agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Member’s violation of these Terms or Member’s use of the Website, including, but not limited to, your Member Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or use of any information obtained from the Website.

20. Relationship of Members and Users

Nothing in these Terms may be construed as a requirement that Members must provide services to Website users who initiate contact with them through the Website. Member understands that it is Member’s responsibility to determine if he or she should provide services to any particular user seeking services and further understands that all assessment and treatment, or any other service, provided to a user, is done so independently. Members understand that the Company provides advertising to Members and is in no way involved in assessment or treatment provided by Members to users.

21. Governing Law and Jurisdiction

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Diego County although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. Member waives any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Arbitration

Company may, in its sole discretion, require Member to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

23. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

24. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

25. No Assignment

Member may not assign any rights, or delegate or subcontract any obligations under this agreement. Any assignment in violation of the foregoing is deemed null and void.

26. Member’s Comments and Concerns

This website is operated by Hoskinson Consulting.

All feedback, comments, requests for technical support, and other communications relating to the Website, including to report inappropriate content or if you believe that content violates your copyright or other intellectual property, should be directed to [email protected].