** Information in our Academy is for educational and informational purposes only and not intended to provide medical diagnosis or medical advice. Operation Smile makes no representations, guarantees, or warranties that the information or exercises in our Academy is appropriate for you or will result in improvement of your medical skills, performance, or function. Further, Operation Smile makes no representations or warranties to you that completion of the training(s) in our Academy will satisfy requirements necessary to become credentialed medical volunteers or licensed practitioners of Operation Smile or any medical institution**
ACADEMY TERMS OF USE AGREEMENT AND LIABILITY DISCLAIMER Operations Smile (“OSI”) Web Site Terms and Conditions
DATE OF LAST REVISION: NOVEMBER 12, 2021
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
The Operation Smile Academy and its online learning videos, webinars, PowerPoints, trainings, materials, documents and other associated content (hereinafter inclusively referred to as “Academy”) has been produced by Operation Smile, Inc. When you use our Academy, you agree to this Terms of Use and Liability Waiver.
The information in our Academy is for educational and informational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice. Operation Smile makes no representations, guarantees, or warranties that the information or exercises in our Academy is appropriate for you or will result in improvement of your medical skills, performance or function. The information in our Academy is by no means complete or exhaustive and therefore does not apply to all conditions, disorders, and health-related issues to treat people affected by cleft conditions. Further, Operation Smile makes no representations or warranties to Users that completion of the trainings in our Academy will satisfy requirements necessary to become credentialed medical volunteers or licensed practitioners of Operation Smile or any medical institution. The website also includes content provided by contracted third parties of Operation Smile who have submitted their materials (video and/or articles) and/or permitted access to such content for educational
and informational purposes only. By utilizing this Academy and embarking on the trainings in it, you are assuming the risk that the trainings may not be appropriate for you and may not result in improvement of your medical skills, performance, or function.
By utilizing our Academy, Operation Smile, Inc. grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted Academy content and any associated materials solely for your own personal and non-commercial use. Our Academy is protected under United States copyrights. The copying, redistribution, use or publication by you of any of the content within our Academy is strictly prohibited. Your use of our Academy does not grant you any ownership rights to the content or resources in our Academy. Any breach in the terms of this agreement may result in termination of your access to the Academy content.
Our Academy may contain references or links to materials from third-parties. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with Operation Smile. Operation Smile is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Our Academy is intended solely for Users who are at least age 18 years of age or older. Any use of or access to our Academy by anyone under such, is unauthorized, unlicensed, and in violation of these Terms of Use. By utilizing our Academy, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement and the Site Terms of Use. Operation Smile, Inc. has sole right and discretion to determine whether use of our Academy to any individual is permissible and may reject use of trainings or materials by any individual with or without explanation.
We will respond quickly to claims of copyright infringement as found in our Academy, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are infringed by our Academy, please provide us with a written notice via mail to 3641 Faculty Blvd., Virginia Beach, Virginia 23453, USA with attention to Legal Department or email [email protected] with the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on our Website;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
When you complete the user account registration process, you will be provided access to the trainings and content in our Academy. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password.
For registered or credentialed medical volunteers of Operation Smile, please be aware Operation Smile will be collecting your personal information (such as first and last name, email address, telephone number, etc.) to create your user account which will provide you with full access to our Academy. Further, Operation Smile will utilize your personal information for the purpose of transferring, tracking, updating, and recording course completions and certifications into our Global Volunteer Management System.
Operation complies with its obligations under all applicable data protection Laws relating to personally Identifiable information provided or made available to Operation Smile by you or another third-party in connection with our Academy (“PII”) and shall hold your PII in confidence, comply with your reasonable instructions regarding the handling of your PII, and take security measures to safeguard your PII against unauthorized, unlawful or accidental access, loss, destruction, damage, disclosure, transfer or other improper use and (b) treat your personal information as highly sensitive and confidential commercially sensitive information.
In the event of a data security breach, Operation Smile shall take prompt corrective action to cure any such deficiencies and any action pertaining to such unauthorized disclosure required by applicable federal and state laws and regulations. Operation Smile shall report to you or any other proper government authority, without unreasonable delay of its discovery, if your PII was disclosed or compromised as defined by law.
For more information on how Operation Smile processes your personal data, please visit our privacy policy which can be found at https://www.operationsmile.org/privacy-policy. For specific inquiries on User account set up, log-in issues, or technical support, please contact us.
THE CONTENT PROVIDED IN OUR ACADEMY IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OPERATION SMILE INC., INCLUDING ALL OUR AFFILIATES, REPRESENTATIVE OFFICES OR FOUNDATIONS, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. OPERATION SMILE INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. OPERATION SMILE INC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL OPERATION SMILE OR OUR CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OPERATION SMILE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE USE OF VIDEO(S) WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of the Commonwealth of Virginia without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our website or content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any terms and conditions on our website are in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.