This document was last modified on March 12, 2020.
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Our Products and Services are not intended for, nor directed at, individuals under the age of 18 (or under the applicable age of consent in your jurisdiction); if you are under 18 years of age (or the applicable age of consent in your jurisdiction), do not use the Products and Services.
2. PRODUCTS AND SERVICES
3. ACCESS AND USER ACCOUNTS
- a “visitor,” meaning any individual that browses our Products and Services, including, without limitation, through a mobile or other wireless device without creating a User Account (defined below),
- a “course participant,” meaning that you have created a User Account and have enrolled in a course or purchased other CIOTS Products and Services.
The term “user” refers to a visitor, course participant, or any other person that participates, interacts with, or otherwise makes use of any of our Products and Services.
User Accounts. In order to use, access, or take part in many of our Products and Services, you may need to create a password-protected user login account (“User Account”). You agree that you will never divulge or share access to your User Account login information with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your user account and/or thereafter, for example, to confirm your identity prior to receiving a credential or certification. You represent, warrant, and covenant that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of our Products and Services, including your enrollment in any course, to the extent applicable.
If you are a visitor, you may contact us with questions or comments. If you contact us, you consent to receive any communications in response to any such contact.
6. USER CONDUCT POLICY
In addition, you may not post, upload, or transmit to or otherwise make available through our products and services any content, communications, or other information (collectively, “unauthorized content”):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other users of our products and services; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
You agree that what constitutes unauthorized content is determined in CIOTS sole discretion. We reserve the right to ban, remove, or otherwise address unauthorized content in a manner that we deem suitable.
7. CIOTS INTELLECTUAL PROPERTY RIGHTS
8. THIRD PARTY CONTENT
In some instances, some Content belongs to our licensors and is provided by us in connection with the Website, Services, and in connection with our courses. Such third-party Content may require you to agree to that licensor’s terms and conditions. CIOTS has no control over and is not responsible for such third-party Content, and your use of the same shall be governed by the third-party terms and conditions.
9. USER CONTENT
CIOTS may provide users with the ability to upload forum posts; chat with other users; or post content, discussions, materials, media, and other information for use with our Products and Services (collectively, “User Content”). CIOTS is not responsible for that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. CIOTS is not a speaker or publisher, in accordance with Section 230 of the Communications Decency Act. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. CIOTS does not claim ownership of any User Content you, or other user, may submit or make available for inclusion on the websites or courses. Accordingly, subject to the license granted to CIOTS below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our services.
With respect to any User Content you submit to CIOTS or that is otherwise made available to CIOTS, you hereby grant CIOTS an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive license to use, distribute, sell, reproduce, modify, adapt, publicly perform, prepare derivative works from, and publicly display such User Content on our Website, Products or Services or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). CIOTS reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content through any of our Products and Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit CIOTS to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and CIOTS, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the United States or the country in which you reside, and (f) you shall not post or transmit content intended to collect personal or personally identifiable information.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
10. FORUM, BLOG, AND CHATROOM SERVICES
11. SOCIAL SHARING
You should not put sensitive information or other information you would not want made public, in your profile or otherwise share that information socially. If you do include such information in your profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your profile: (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union or political party, (v) physical or mental health or biometric or genetic details, (vi) addictions, sexual activities, (vii) criminal offences or proceedings, (viii) information relating to unlawful or objectionable conduct, (ix) any Social Security Number, national identification number, or other personal identifying number, or (x) any information you wish to keep private.
12. PAYMENT TERMS
Refunds. You hereby acknowledge and agree that CIOTS will not offer refunds on any fees and charges related to your purchase of any Products or Services. This includes any partially used or unused periods for which you have already paid. We do not offer refunds for lack of usage or dissatisfaction.
Taxes. When you purchase any of our Products and Services, you agree to pay not only the applicable fee, but also all applicable sales taxes, use taxes, value added taxes (VAT), transaction taxes, or other government-required fees and charges that CIOTS is required to collect (“Taxes”). Please note that CIOTS will calculate the “estimated taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable Taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize CIOTS to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where VAT collection is required, if any, VAT will be calculated and added at checkout. You hereby agree to indemnify and hold CIOTS harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, VAT, and any related penalties and/or interest.
13. WARRANTY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE WEBSITE, OR ANY OF THE PRODUCTS AND SERVICES, INCLUDING ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE WEBSITE, PRODUCTS, AND SERVICES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS,” “WITH FAULTS,” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. CIOTS DOES NOT ENDORSE OR RECOMMEND ANY CONTENT ARISING OUT OF THE WEBSITE, PRODUCTS, OR SERVICES, AND YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE PRODUCTS AND SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PRODUCTS OR SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE PRODUCTS AND SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE PRODUCTS AND SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE PRODUCTS AND SERVICES.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT WILL CIOTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMANGES (INCLUDING, WITHOUT LIMTIATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT, EVEN IF CIOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMANGES. YOUR EXCLUSIVE REMEDY, AND CIOTS’ ENTIRE LIABILITY UNDER THIS AGREEMENT, SHALL BE THE GREATER OF $20 OR A REFUND OF FEES PAID BY YOU TO CIOTS, AND IN NO EVENT WILL CIOTS’ LIABILITY EXCEED THE AMOUNT OF SUCH FEE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO THE EXISTENCE OF MULTIPLE CLAIMS. CIOTS (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES, CONTENT, OR YOUR USER GENERATED CONTENT. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT CIOTS WOULD NOT ENTER INTO THIS TERM OF USE OR MAKE THE PRODUCTS AND SERVICES AVAILABLE TO YOU WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
LINKING TO THIRD-PARTY SITES AND CONTENT
The Website, Products, or Services may contain links to pages or content on third-party websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. CIOTS does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from our Products or Services at any time for any reason or for no reason. CIOTS WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
You agree to hold harmless, defend, and indemnify CIOTS (and its officers, directors, employees, agents, and representatives), for, from, and against any and all costs, damages, or losses by any of them (including, without limitation reasonable attorneys’ fees) as a result of a claim by any person arising out of your use of the Website, the Products, the Services, or Content; any content generated by you; any violation by you of this Agreement, any rights of a third party, or any laws or regulations.
17. TERMINATION OF RIGHTS
18. COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE
CIOTS and its affiliates respect the intellectual property of others, and we ask those posting or transmitting any content to or through our Services and the Website to respect copyright law. It is the policy of CIOTS to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use the services and any associated websites by individuals or entities that repeatedly submit infringing content in violation of this Agreement. If you believe that your work has been copied and is available on the Website or the Services in a way that constitutes copyright infringement, you may notify CIOTS according to the notice requirements of the Digital Millennium Copyright Act (“DMCA”) and any other applicable law. Pursuant to 17 U.S.C. Section 512, CIOTS’ DMCA registered agent can be reached by mail at the address listed above. Please note that this procedure is exclusively for notifying CIOTS that Your copyrighted material has been infringed.
19. TRADE REGULATIONS
21. CIOTS CONTACT INFORMATION
Center for Innovative OT Solutions
Attn: Business Manager
P.O. Box 271928
Fort Collins CO 80527 / USA