Terms of Use

1. INTRODUCTION AND ACCEPTANCE OF TERMS

https://www.innovativeotsolutions.com/ , along with its content, all associated websites, and associated products and services (the “Website”) is owned and operated by the Center for Innovative OT Solutions, Inc., a Colorado corporation, (“CIOTS”, “we”, “us,” or “our”).   The CIOTS Products and Services (defined below) are provided to you, the end user and customer (“you”), subject to the terms and conditions described in this agreement (“Terms of Use”). By submitting information to, accessing information from, and otherwise using the Products and Services, you agree to these Terms of Use. These Terms of Use also include our Privacy Policy, which is incorporated herein by this reference.

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND CIOTS. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS CONTAINED HEREIN, AND YOU FURTHER REPRESENT THAT YOU HAVE THE POWER, RIGHT, AND AUTHORITY TO AGREE TO AND BE BOUND BY THIS AGREEMENT AND THESE TERMS OF USE. WHEN YOU USE THE WEBSITE, THE PRODUCTS, AND THE SERVICES, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT AND TERMS OF USE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE, THE PRODCUTS, AND THE SERVICES. CIOTS RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THESE TERMS OF USE AT ANY TIME, WITHIN ITS SOLE DISCRETION. IN THE EVENT CIOTS MODIFIES, AMENDS, OR REPLACES THESE TERMS OF USE, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE, PRODUCTS, OR SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR EXPRESS ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT TO THIS AGREEMENT.

All questions concerning these Terms of Use should be directed to: Center for Innovative OT Solutions, Inc., Attention: Business Manager, P.O. Box 271928, Fort Collins, CO 80527.

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

CIOTS provides website content, textbooks, in-person and online courses, and related materials and services (“Products and Services”) through the Website. CIOTS reserves the right at any time and from time to time to modify or temporarily or permanently discontinue CIOTS Products and Services 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. You also understand that CIOTS, at its sole discretion, may limit, suspend, or terminate your use of any of our Products and Services, at its sole discretion.

3. ACCESS AND USER ACCOUNTS

Access. There are different ways in which you may access or use our Products and Services. You agree to abide by all applicable laws, rules, regulations, and these Terms of Use each time you access the Products and Services. You may access our Products and Services as:

• 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.

4. COMMUNICATIONS

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.

If you are a course participant, you expressly consent to electronically receive all communications, agreements, documents, notices and disclosures 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.

5. PRIVACY

In connection with your use of our Products or Services, we may collect certain information about you and your interaction with our Products or Services. For further explanation on how we treat your information, please see our Privacy Policy.

6. USER CONDUCT POLICY

As a condition of accessing or using the Website, the Products or the Services, 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 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

CIOTS is the owner of all rights in and to the Website, Products, and Services, and all associated content, instructions, and software, including, but not limited to, design rights, trade dress, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights (the “Content”). All information and Content obtained from the Website, Products, and Services, including business listings, valuation reports, and any other information otherwise made available by CIOTS is proprietary to CIOTS and its licensors, and is protected by copyright and other United States and international intellectual property rights, laws, and treaties. You are expressly prohibited from using the Website, Products, and Services for any purposes not stated in these Terms of Use. You are prohibited from using any CIOTS trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners. CIOTS hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website, Products and Services for their customary and intended purposes, and to display the Products, Services, and Content, at your location solely as necessary to participate in the courses and Services. This license is revocable at any time by CIOTS, and any rights not expressly granted herein are expressly reserved to CIOTS. You must comply with all copyright notices or restrictions contained on the Websites, in any course, in any electronic or printed book, or in the Content, and you may not delete any attributions, legal or proprietary notices on the same.

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

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.

11. 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.

12. PAYMENT TERMS

By purchasing any of our Products or Services and providing CIOTS with your payment information, you hereby agree to these payment terms. To purchase any Products or Services offered by CIOTS, you must have a current valid accepted method of payment (“Payment Method”). You agree to allow CIOTS, or its third-party payment provider (e.g., Stripe), to store and access your payment information as described more fully in the Privacy Policy. You also agree to pay the applicable fees for the Products or Services you purchase 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, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to international currency exchange fees or differences in prices, including because of exchange rates. CIOTS does not support all methods of payment, 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 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.

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 this Terms of Use. 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 access to our Products or Services as we deem appropriate. If your credit card payment details change, your credit card provider may provide us with updated credit 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 update your billing information with CIOTS.

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.

16. INDEMNITY

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

You agree that CIOTS, at 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 these Terms of Use; (b) infringed the intellectual property rights of CIOTS or a third party; (c) posted, uploaded or transmitted unauthorized content to our Website, Products, or Services; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use or any applicable code of conduct. You agree that CIOTS may deactivate or terminate your access to our Products and Services 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 our Products and Services. You also acknowledge that CIOTS may retain and store your information notwithstanding any termination of your User Account or the Products or Services as set forth in our Privacy Policy.

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

Accessing our Website, Products, and Services from territories where our Website, Products, and Services, or any content or functionality of our Website, 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/European Economic Area (“EU/EEA”), pertaining to the export, re-export, transfer or resale of products or the provision of services.

20. MISCELLANEOUS

Governing law; Venue. The parties agree that any and all claims arising out of or related to these Terms of Use, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the state or federal courts located in Larimer County, Colorado and pursuant to Colorado law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement. This Agreement is deemed to have been negotiated, executed, and performed exclusively within Larimer County, Colorado. YOU UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS. The application of the United Nations Convention on the Sale of Goods is not applicable and expressly disclaimed by the parties.

Assignment; Severability. You may not assign or transfer any of your rights or obligations under these Terms of Use. CIOTS may assign its rights and obligations under this Agreement at any time, without notice, including but not limited to in a sale of the Website, the Products, or the Services. If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Entire Agreement. These Terms of Use, and its incorporated Privacy Policy, constitute the entire agreement between the parties with respect to the use of the Website, the Products, and the Services. You acknowledge and agree that these Terms of Use and agreement remain effective in addition to any other terms of use agreement you agree to with any other third party.

No Waiver; Reservation of Rights. No term or provision of these Terms of Use will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged. All rights not expressly granted herein are expressly reserved to CIOTS.

21. CIOTS CONTACT INFORMATION

If you have any questions, comments or complaints about this Terms of Use, please contact us:
Center for Innovative OT Solutions
Attn: Business Manager
P.O. Box 271928
Fort Collins CO 80527 / USA