Terms of Use

INTRODUCTION AND ACCEPTANCE OF TERMS

Center for Innovative OT Solutions, Inc. (collectively, “we,” “us,” or “CIOTS”) provides you access to the CIOTS services (defined below) subject to the terms and conditions described in this document (this “Terms of Use”) and any other guidelines, rules or licenses posted in connection with any in-person or courses (defined below). This Terms of Use also includes our Privacy Policy, incorporated by this reference.

By using this Service, clicking “I Agree”, registering a user account (defined below), purchasing a course, or by indicating your agreement to this Terms of Use through a similar mechanism, you are agreeing to be bound by this Terms of Use. If you do not agree to this Terms of Use, do not use our services or products. If you under the age of 21, but at least 18 years of age, you represent and agree that you are an emancipated minor or possess legal parental or guardian consent to use our products and services and are fully able and competent to enter into all of the conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use. The 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 or services.

SERVICES

CIOTS provides many services (each a “service” and together the “services”) through its website(s) located at innovativeotsolutions.com, as well as any other websites and applications owned, operated, or controlled by us (each a “website” and collectively the “websites”), including, without limitation, all information, content, services, and materials made available through any website, social media channels, or other online or onsite channels that enable you to participate in any CIOTS in-person or online educational programs (collectively the “courses”) and related services, such as rater calibration services, or any part thereof. For clarity, CIOTS offers certain courses that are organized, specially-designed, and produced. A verified certificate of contact hours upon conclusion of the applicable course, shall be awarded, in the sole discretion of CIOTS and the instructors for the courses, to students (defined below) who have completed the course to the satisfaction of CIOTS including without limitation being in compliance with all CIOTS policies.

CIOTS reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the courses, books (e.g., textbooks, test manuals), and services provided or any part or portion thereof, with or without notice to you. You agree that CIOTS shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of our products and services, or any portion thereof. Nothing in this Terms of Use shall be construed to obligate CIOTS to maintain and support our products and services or any part or portion thereof, during the term of this Terms of Use.

CIOTS and the instructors of the courses further reserve the right to alter, modify or rearrange the schedule of topics for the courses, as well as the point value or weight of assignments, tests, exams, projects, and other such evaluations of progress. By attending the courses, students acknowledge that CIOTS and the instructors maintain the right and ability to adapt, modify or revise the courses as CIOTS and the instructors deem appropriate.

ACCESS AND USER ACCOUNTS

Access: There are different ways in which you may access or use our products and services. In each and every instance, you are only authorized to use our products and services only if you agree to abide by all applicable laws, rules, regulations, as well as this Terms of Use. You may access our products and services as:

  • a “visitor,” meaning any individual that browses any of our services, including, without limitation, through a mobile or other wireless device without being registered,
  • a “student,” meaning that you have created a user account (defined below) registered and have enrolled in and paid for access to the courses and other CIOTS services, content, and/or certification and that you intend to complete the applicable program, including the homework assignments and exams, rater calibration requirements when appropriate, and other requirements related to those individual programs.

The term “user” refers to a visitor, student, or any other person that participates, interacts with, or otherwise makes use of any of our products and services and/or any CIOTS community (e.g., moderators, coordinators, volunteers, or expert hosts-in-residence).

User Accounts: In order to use, access, or take part in many of our services, including the courses, you must create a login identification (“user ID”) and a unique user password (“user password”). You agree that you will never divulge or share access to your user ID or your user password 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 identity prior to receiving a credential of completion and/or rater calibration. You understand and agree 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 and your enrollment any courses, to the extent applicable.

MODIFICATION OF THIS TERMS OF USE

We reserve the right to change or modify this Terms of Use at our sole discretion at any time. Check our website frequently for any material changes of this Terms of Use or to any service or other feature of our products and services. Your continued use of the website accepts such changes. Any change or modification to this Terms of Use will be effective immediately upon posting by CIOTS on its websites or applications, or as of the date indicated in the updated Terms of Use, regardless of whether you accept such changes.

VISITOR COMMUNICATIONS

If you are visitor, we may provide information on our websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.

COURSE PARTICIPANT COMMUNICATIONS

Agreement to Receive Electronic Communications.

If you are a course participant, you expressly consent to electronically receive all communications, agreements, documents, notices and disclosures whether transactional or promotional in nature as described more fully in the Privacy Policy. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

Agreement to Receive Autodialed or Pre-recorded Calls and SMS Messaging.

By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection our services, you represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to sign up to receive communications by telephone. You further consent to receive autodialed or prerecorded calls from us so that we may (i) notify you about activity connected with your user account and any use thereof; (ii) provide you with services associated with the websites or courses; (iii) troubleshoot problems with your user account; (iv) resolve disputes; (v) collect debts; (vi) as otherwise necessary to service your user account or enforce this Terms of Use, our policies, applicable law, or any other agreement we may have with you; or (vii) for any other reason. We may also use automated technology or a pre-recorded voice to contact you by phone or SMS with offers and promotions that may interest you. To opt out of receiving offers and promotions by phone or SMS, please text STOP in reply to any communication sent by us or to the phone number identified in connection with our service from the device for which you no longer wish to receive communications. We won’t share your phone number with third parties for any other purposes, other than to provide services to CIOTS on our behalf as noted below. We may share your phone numbers with our affiliates or with our third-party service providers, such as provision of services, customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under this Terms of Use, our policies, applicable law, or any other agreement we may have with you. Other than prohibited by law, you agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

PRIVACY

In connection with your use of our products and services we may collect, store, use, share, and/or process certain information about you and your interaction with our services. For further explanation on how we treat information collected and received from you when you use our products and services and/or participate in our courses, please see our Privacy Policy.

USER CONDUCT POLICY

As a condition of accessing or using any of our products and services and/or courses, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) set up multiple user Accounts, (c) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of our products and services, the courses, any content (as defined below), or any other aspect of our operations, other than as expressly allowed under this Terms of Use; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate our products and services; (e) use CIOTS name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (f) use any high volume, automated, electronic, or third party means to access our products and services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts (“Add-ons”); (g) frame our products and services, place pop-up windows over its pages, or otherwise affect the display of its pages; (h) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (i) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our products and services; (j) directly, or through any Add-ons, scrape any part of the websites and/or services; and/or (k) interfere with or disrupt our products and services or servers or networks connected to our products and services, or disobey any requirements, procedures, policies or regulations of networks connected to our products and services.

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 at CIOTS’ sole, subjective discretion. We reserve the right to ban, remove, or otherwise address unauthorized content in a manner that we deem suitable, in our sole, subjective discretion.

CIOTS INTELLECTUAL PROPERTY RIGHTS

The services are either owned by CIOTS or licensed for use by CIOTS for the specific purpose CIOTS offers the service. All content or other material available through our products and services, including, but not limited to, information on the websites, online lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, software licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the “content”), are the property of CIOTS and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

CIOTS logos, trademarks and service marks which may appear on the website(s), throughout our products and services and in courses (collectively, the “marks”) are the property of CIOTS and are protected under United States and foreign laws. All other trademarks, service marks, and logos used on our products and services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of our products and services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of CIOTS.

From time to time, CIOTS may include software, code, instructions, or other such information in the content or materials for our products and services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. CIOTS and/or its affiliates and licensors reserve all rights not expressly granted herein to our products and services, content, and marks.

LICENSE TO USE THE SERVICES

Subject to your compliance with this Terms of Use, CIOTS hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license to access, internally use, and display our products and services, including the content, at your location solely as necessary to participate in the courses. You must abide by all copyright notices or restrictions contained on the websites, in any course, in any electronic or printed book, or in the content. You may not delete any attributions, legal or proprietary notices on the websites, in the courses, in any electronic or printed books, or on the content.

In some instances, some of the content belonging to our licenses and provided in connection with the courses, may require you to agree to that licensor’s terms and conditions. CIOTS has no control over and is not responsible for those third-party services as further described in the linking to third-party sites and content section below.

USER CONTENT

CIOTS may provide users with the ability to upload forum posts, chat with other users, user discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout our products and services for social interaction or for use with the websites or courses, e.g., questions, hypotheticals, examples, etc. (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.

From time to time, CIOTS (or its third-party service providers on behalf of CIOTS) may request users to make subtitles or captions for, or translations of, content such as lecture videos and other education content, and submit such subtitles, captions, or translations to CIOTS through a CIOTS website/portal or the website/portal of CIOTS service provider. In the event that CIOTS (or its service provider) makes such a request to you, CIOTS will grant to you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to CIOTS (or its applicable service provider), and such subtitles, captions and translations shall be considered user content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to CIOTS); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to CIOTS and its affiliate’s intellectual property, including but not limited to the education content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the CC License, and any such license is given under this section and not under the CC License. In the event that you use any tools or other services of CIOTS service provider(s) in order to make subtitles, captions or translations, you agree to comply with any terms and conditions imposed by such service provider in conjunction with such use.

With respect to any user content you submit to CIOTS (including for inclusion on the websites or courses) 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, reproduce, modify, adapt, publicly perform, and publicly display such user content on the websites or in the courses or otherwise exploit the user content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to user content comprised of a subtitle, caption, or translation of content, you agree that the license granted to CIOTS above shall be exclusive. 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 and (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.

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.

FORUM, BLOG, AND CHATROOM SERVICES

You may be able to post messages to, and interact with other users, CIOTS staff, or CIOTS service providers through user forums, chat rooms, or blogs within our products and services (each a “forum”). Your use of these forums is subject to and governed by this Terms of Use. By using any of the communications methods, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by CIOTS in any manner (unless expressly stated otherwise by CIOTS) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by CIOTS in any manner, though CIOTS reserves the right to do so at any time at its sole discretion in accordance with this Terms of Use. You acknowledge and agree that any services CIOTS provides to you via such forums may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “content” under this Terms of Use and is provided for educational purposes only.

SOCIAL SHARING

To the extent you utilize any features of our service that allow for public and/or social sharing of forum content, user content, or profiles (as defined in our Privacy Policy), you understand that such information may be made available to third parties. While we attempt to limit access to your such content to legitimate users, and ask that potential employers keep your information confidential, we cannot guarantee that other third parties will not gain access to this database. Additionally, we cannot guarantee control of the use made of socially shared information by third parties who access information you’ve shared on our profiles database. Once socially shared information, including, but not limited to, your profile, has been disclosed, we are not able to retrieve it from the third parties who accessed it or ensure the destruction of it by those third parties.

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.

You also should be aware that your profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the website(s). In addition, if your employer has sponsored or paid for your course, your access to our career services offering may be disabled.

PAYMENT TERMS

By enrolling in a course or purchasing any of our products or services and providing CIOTS with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by CIOTS, you must have Internet access and a current valid accepted payment method as indicated during sign-up process (“payment method”). You agree to CIOTS, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the CIOTS services as they become due, whether on a one-time, installment, or license basis. Fees may vary based on your location, the type of payment method used, where your payment method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. CIOTS does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations.

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 course or other service or product from CIOTS, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that CIOTS determines it 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.

Credit Card Billing: Credit card payments are processed by our third-party payment processor(s), including Stripe. By agreeing to this Terms of Use, you agree to be bound by Stripe’s Terms of Service (https://stripe.com/us/privacy) as applicable. Any breach of those terms will be treated as a breach of these Terms. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the course or software as we deem appropriate. If your payment details change, your card provider may provide us with updated card details and you agree to our collection of such details. We may use these new details in order to help prevent any interruption to our products and services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.

SERVICES AVAILABILITY AND LIMITATIONS

You acknowledge and agree that CIOTS services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that CIOTS, at its sole discretion, may limit, suspend, or terminate your use of any of our products and services, including, without limitation those related to the courses, such as course evaluation services, records of course completion, or other CIOTS services. You also understand that CIOTS may modify or discontinue any or all of our products and services at its sole discretion.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” 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, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, IN-PERSON AND ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, CONTENT, OR COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS THE BLOG, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CIOTS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY COURSE IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. CIOTS TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT OF FEES RECEIVED BY CIOTS FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, A USER’S USE OF CODE OR SKILLS LEARNED DURING ON A COURSE WHICH USER UTILIZES IN ANY MANNER); THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. 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 SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

LINKING TO THIRD-PARTY SITES AND CONTENT

The websites and/or courses 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 websites or courses 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.

INDEMNITY

You agree to indemnify, defend and hold harmless CIOTS, its subsidiaries, affiliates, and licensors, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of our products and services in violation of this Terms of Use, (b) your use or attempted use of any code, program, data, information or any other content provided through our products and services in a manner inconsistent with this Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through our products and services, including without limitation any claim of infringement of intellectual property or other proprietary rights.

TERMINATION OF RIGHTS

You agree that CIOTS, in its sole discretion, may deactivate your user account or otherwise terminate your use of our products and services, or any part thereof, for any reason or no reason, including, without limitation, if CIOTS believes that you have (a) breached this Terms of Use; (b) infringed the intellectual property rights of CIOTS or a third party; (c) posted, uploaded or transmitted unauthorized content to our products and services; or (d) violated or acted inconsistently with the letter or spirit of this Terms of Use or any applicable code of conduct. You agree that any deactivation or termination of your access to our products and services may be affected without prior notice to you and that CIOTS shall not be liable to you nor any third-party for any termination of your user account or access to the courses or services. You also acknowledge that CIOTS may retain and store your information on CIOTS systems notwithstanding any termination of your account or the courses as set forth in our Privacy Policy.

COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE

CIOTS respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

  1. a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
  2. a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the courses;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and
  6. an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.

For notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:

Center for Innovative OT Solutions
Attn: Business Manager
4223 S Mason St, Suite A
Fort Collins, CO 80525
+1 970.416.8612
info@innovativeotsolutions.com

TRADE REGULATIONS

Accessing our products and services from territories where our products and services, or any content or functionality of our products and services, or portions thereof, including, but not limited to, functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access, purchase, or use our products and services, in any manner, you: (i) acknowledge and agree that you do so at your own initiative and at your own risk; and (ii) represent and warrant that you are doing so in compliance with all applicable laws, regulations and orders, including, without limitation, the laws of the United States, and the member states of the European Union and the European Free Trade Association, pertaining to the export, re-export, transfer or resale of products or the provision of services.

MISCELLANEOUS

This Terms of Use and the Privacy Policy shall be governed by the laws of the state of Colorado, without reference to its choice of law provisions. Any lawsuit brought under these Terms of Use or Privacy Policy shall be brought in the state or federal court having jurisdiction over Fort Collins, Colorado.

The invalidity or unenforceability of any term or provision of the Terms of Use or the Privacy Policy, as well or the application of such term or provision to any person or circumstances, shall not impair or affect the remainder of the Terms of Use or the Privacy Policy and its application to other persons and circumstances. The remaining terms and provisions of the Terms of Use and the Privacy Policy shall not be invalidated but shall remain in full force and effect and reformed.