TERMS OF USE

Welcome

Please read these terms and conditions of use carefully before using this Website because they affect your legal rights and obligations. Kim O’Connor, M.Div. and Tim O’Connor, M.P.A., M.S. (“we,” “us” or “our”) individually and jointly as O’Connor 360 Visioning operates kimwappoconnor.com and timaoconnor.com (“Website”) and may operate other Websites. The following terms and conditions govern all use of the Websites and all content, services and products available at or through the Website.

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Website (collectively, the “Agreement”).

No confidential, fiduciary or any other special relationship is created with you by virtue of your use of any Website or your communications to the Website or through or related to the Websites. By using the Websites, you further agree that we may alter or modify the settings or configurations on your internet devise in order to allow for or optimize your use of the Websites.

By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms.

For practical purposes, comments are considered any response or initiation of a discussion to a blog or in a forum or online class, whether those pages are publicly accessed or by limited access with the user’s log-in password.

Medical and Therapeutic Disclosure

California Senate Bill SB-577. Tim O’Connor, M.P.A., M.S., is a “complementary and alternative health care practitioner.” He is not a licensed psychologist, medical doctor, or therapist. The State of California does not require licensing for complementary and alternative health care practitioners.

The information provided is not intended or implied to serve as psychological, medical or therapeutic advice, diagnosis or treatment. You should not use any content or information in this Website, including, within a blog article, forum, or class to diagnose or treat any psychological or health issues, illnesses, or diseases (mental or physical). If you have or suspect you have a psychological, health or therapeutic problem, consult with your doctor or therapist.

Prior to listening or viewing any of the meditations on or linked to or from this website by Tim O’Connor or Kim O’Connor or both consult with your medical provider. Discontinue listening or viewing any meditation when you feel any form of mental discomfort.

Tim O’Connor is a “mandated reporter” in California, USA.

The State of California requires Tim O’Connor to report to the appropriate agency, including law enforcement, any of the following;

• If it is assessed during your participation in sessions, forums or remotely viewed online via Zoom, that abuse or neglect of children, elders, or the disabled is occurring.

• If in the presence of Tim O’Connor, you threaten to kill or harm another individual, and He is convinced that you will act on that threat, or that you may lose control of your actions in his presence, while remotely viewed online via Zoom.

• If at any time during sessions, forums, or remote viewing via Zoom, Tim O’Connor determines that you are a danger to yourself, he will inform you of that opinion and take actions to keep you safe, which may include notifying the police or family members.

Security of your Submitted Comments and Content for Blog/Articles

Your Website User:subscriber Account.

If you submit a comment on the Website, you are responsible for maintaining the accuracy of your comments and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign keywords to your comments in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability.

You must immediately notify us of any unauthorized uses of your account, or any other breaches of security. O’Connor 360 Visioning will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you submit a comment on a blog post, forum, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, an audio file, or computer software.

By making Content available, you represent and warrant that;

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• if anyone has rights to intellectual property you create, you have either received permission from to post or make available the Content, including but not limited to any software, or secured from your employer a waiver as to all rights in or to the Content;

• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• the Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party Websites or boost the search engine rankings of third-party Websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

• your comment is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and Websites, and similar unsolicited promotional methods;

• your comment is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own;

• and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by O’Connor 360 Visioning or otherwise.

By submitting Content to us for inclusion on this Website, you grant Tim O’Connor permission to the non-exclusive Content for completing his Doctoral degree or any publications in any form of media. You agree to allowing her to use your content without the use of your name or other identifying information giving her royalty-free use of your content for life without compensation.

If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching of the Website database or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, O’Connor 360 Visioning has the right (though not the obligation) to, and our sole discretion to refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or terminate or deny access to and use of the Website to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid, if payments are made.

Payment and Renewal.

By selecting a product or service, you agree to pay O’Connor 360 Visioning the one-time and/or monthly or package fees indicated (additional payment terms may be included in other communications). Payments will be charged on a pre-pay basis on the day you sign up for that service. Payments are not refundable. Payments online are made through WooCommerce utilizing a Stripe payment gateway. The Website is protected by SSL security features.

Unless you notify us before the beginning of the contracted appointment, workshop or engagement that you want to cancel, you will authorize us to collect the then-applicable for such services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Future services can be cancelled at any time by submitting your request to us in writing or email.

By signing up for services you agree to pay us the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. O’Connor 360 Visioning reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on three (3) days written notice, in writing or email, to us at the link below.

Responsibility of Website Visitors.

O’Connor 360 Visioning has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive or otherwise objectionable to some people depending to their beliefs or culture, as well as content containing technical inaccuracies, typographical mistakes, and other errors. O’Connor 360 Visioning disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted there.

Content Posted on Other Websites.

We cannot review, all the material, including computer software, made available through the websites and webpages to which the Websites links through advertisements or other WordPress bloggers, YouTube channels, Instagram, Twitter and others and that link to the Website. We do not have any control over those other sites and webpages and are not responsible for their content, privacy, or terms of use policies or their use. By linking to a Website from a link on this Website, we do not represent or imply that it endorses such Website.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of links to other Websites.

Copyright Infringement and DMCA Policy.

As O’Connor 360 Visioning asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor (comments) is determined to be a repeat infringer of the copyrights or other intellectual property rights of us or others. In the case of such termination, O’Connor 360 Visioning will have no obligation to provide a refund of any amounts previously paid to us.

Intellectual Property.

This Agreement does not transfer from O’Connor 360 Visioning to you any of our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. Kim O’Connor, kimwappoconnor.com, Tim O’Connor, timaoconnor.com, kimwappoconnor.com logo, and timaoconnor.com logo and all other trademarks, service marks, graphics and logos used in connection with the Websites, are trademarks or registered trademarks of O’Connor 360 Visioning. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.

Your use of the Website does not grant, authorize, or give you license to reproduce or otherwise use any O’Connor 360 Visioning or third-party copyrights or trademarks.

Advertisements.

We reserve the right to display advertisements on his blog.
Attribution.
We reserve the right to display attribution links such as ‘Blog at kimwappoconnor.com,’ theme author, and font attribution in your blog footer or toolbar.

Domain Names.

If you provide your domain name for any reason, including posting a comment, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes.

O’Connor 360 Visioning 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of additional services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

O’Connor 360 Visioning may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website and email us using the link below requesting removal of any of your data from the website database.

Disclaimer of Warranties.

The Website is provided “as is”. O’Connor 360 Visioning hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither O’Connor 360 Visioning nor its use of media platforms, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will we, 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 us under this agreement during the twelve (12) month period prior to the cause of action. O’Connor 360 Visioning 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.

General Representation and Warranty.

You represent and warrant that your use of the Website will be in strict accordance with the our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area in any country, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless O’Connor 360 Visioning and the 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.

Miscellaneous.

This Agreement constitutes the entire agreement between O’Connor 360 Visioning and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of O’Connor 360 Visioning, or by the posting by the administrator of a revised version.

Arbitration

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 California, United States of America, 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 County of Riverside, California. 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 Riverside, California, 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; O’Connor 360 Visioning 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.

For more information, Email using the linked contact page.

Thank you.

Tim A. O’Connor, M.P.A., M.S.