INTRODUCTION AND ACCEPTANCE OF TERMS
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 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
- 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.
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.
Agreement to Receive Autodialed or Pre-recorded Calls and SMS Messaging.
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.
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 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
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.
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 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.
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.
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
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.
TERMINATION OF RIGHTS
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:
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- 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;
- your address, telephone number, and email address;
- 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
- 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
- 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