3. Content Ownership. Unless otherwise identified, Octave Innovation is the owner of all content posted on or accessible on the Site, including logos, designs, text, graphics, photos, videos, and information.
4. Copyright Complaints. If you believe that any Content on the Site infringes upon any copyright which you own or control, you may send a notification of such claimed infringement to Octave Innovation to email@example.com. Please include a description of the work that is allegedly being infringed, and where on the Site the work may be found.
5. Equipment, Internet, and Software Requirements. You may be required to download or install certain third-party software or maintain a high-speed broadband or internet connection in order to access and use certain Services or Content (as defined below) purchased or provided by Octave Innovation. Octave Innovation is not responsible for your use of any third-party service.
6. Third Party Links. This Site may include links to other websites that we do not own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you or for any other materials, products, or services of third parties.
7. Use and Privacy.
a. Use of Content. Unless otherwise noted, all materials and content purchased from or accessed through this Site, including, but not limited to, articles, PDFs, images, designs, videos, or audio files (the “Content”) is the intellectual property of Octave Innovation and are protected by copyright and owned, controlled or licensed by Octave Innovation. You agree to abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Site. No Content from the Site may be copied, reproduced, framed, hyperlinked, republished, posted, transmitted, or distributed in any way; provided, however, you may download, where permitted, purchased Content for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from the Octave Innovation, or the copyright holder identified in the copyright notice contained in the Content.
10. HIPAA. If you are a Covered Entity as defined under the Health Insurance Portability and Accounting Act, 45 CFR Part 160 and Part 164 (“HIPAA”), any information received by us from you regarding your patients through your use of this Site shall be governed by our separate agreements with you, including but not limited to, a Business Associate Agreement as applicable and required under HIPAA, which we shall require be executed by you prior to you providing us with any such information. We are not responsible for how you treat the information provided to you by your patients. You shall indemnify, defend and hold Octave Training LLC and its representatives harmless from and against any and all losses, liabilities, and costs (including without limitation, attorneys’ fees) resulting from or arising out of claims of third parties (in whole or in part) due to violations by you of any and all laws and regulations related to such information, including but not limited to HIPAA.
11. Payments, Billing, and Refunds.
12. Prices and Availability. Services, goods, programs, Content, and publications displayed on the Site (the “Products”) may be subject to availability, and availability and prices are subject to change without notice. The Products may include technical inaccuracies or typographical errors and Octave Innovation shall not be held responsible for any such errors. Octave Innovation may make improvements and/or changes to the Products described on the Site at any time without notice.
13. Non-Transferability. Access to and use of the Products, and purchased tickets are not transferable unless otherwise expressly stated.
14. Promotional Offers. All promotional offers made on the Site are limited to purchases made on this Site and are subject to the conditions of the offer.
15. Order Acceptance. You agree to pay all charges incurred by you or any users of your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including all applicable taxes, for any purchases made through the Site. You agree to provide a valid and updated form of payment that is accepted on the Site at the time of purchase.
16. Disclaimer of Warranties. THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OCTAVE INNOVATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCTAVE INNOVATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OCTAVE INNOVATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ABOVE EXCLUSION MAY NOT APPLY IN SOME JURISDICTIONS PURSUANT TO APPLICABLE LAW.
THE INFORMATION CONTAINED ON THIS SITE, OR THE SERVICES OR CONTENT, DOES NOT CONSTITUTE LEGAL, MEDICAL, ACCOUNTING, TAX OR FINANCIAL ADVICE.
17. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no case shall Octave Innovation, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (the “Representatives”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, lost profits, lost revenue, special, or consequential damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or the Services, or for any other claim related in any way to your use of the Site or Services, including, but not limited to, any errors or omissions in any content, even if advised of their possibility.
21. Assignability. This Agreement is personal to you. You may not assign this Agreement or the rights and obligations thereunder to any third party or person. Octave Innovation may assign this Agreement in its sole discretion.
22. Agreement Binding on Successors. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their permitted heirs, administrators, successors, and assigns.
23. Waiver. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
24. Severability. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from this Agreement.
25. Survivability. The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.