Terms of Use

 

Thank you for visiting the Octave Innovation LLC (“Octave Innovation”) website.  Please read these Terms of Use (“Terms”) carefully because these Terms, together with the Privacy Policy (the “Privacy Policy”) (which is incorporated into these Terms by this reference), govern your use of and access to the Octave Innovation website (the “Site”) and our services, including all programs and Content (as defined below) offered or provided by Octave Innovation (the “Services”). Access to and use of the Site and the Services are subject to your acceptance of these Terms. You agree to abide by these Terms by your continued access to and use of the Site. These Terms and the Privacy Policy are hereinafter referred to as the “Agreement.”

 

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. If you object to any such modifications, your sole recourse shall be to cease using the Site and the Services. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

IF YOU DO NOT AGREE WITH ALL OF THE TERMS, DISCONNECT FROM THE SITE AND DO NOT USE THE SITE OR THE SERVICES


 

  1. Account.  You may be required to register or create an account in order to utilize certain parts or features of the Services. To create, have, or otherwise use an account, you must be at least 13 years old and provide accurate information about yourself.  If you are not yet the age of majority in your jurisdiction of residence, you must have the permission of an adult to use this Site, and that adult must be a parent or legal guardian who is willing to be responsible for your use of this Site. You can update your information at any time by contacting info@octavetraining.com. You are responsible for your account. This means that you are responsible for keeping your login details confidential, for any activity that occurs within your account, and for keeping the information in your account up-to-date and accurate. You must notify Octave Innovation immediately if you suspect or are aware of any unauthorized access to or use of your account. Octave Innovation may make updates to your account at your request or to ensure that any contact or billing information is up to date. If you are using Octave Innovation as a representative of, or on behalf of, a business, then you are responsible for managing the access to and ownership of your account. If a dispute arises regarding ownership of an account, Octave Innovation may suspend or terminate the account in order to protect the security and privacy of the data within the account.

 

  1. Website.

 

  1. 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. 

 

  1. 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 info@octavetraining.com. Please include a description of the work that is allegedly being infringed, and where on the Site the work may be found.

 

  1. 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.

 

  1. 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.

 

  1. Use and Privacy.

    1. 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.

 

  1. Prohibited Uses. You agree that you will only use the Services for legitimate business and professional purposes and you will not use the Services for any purpose that violates any laws, rules, regulations, or intellectual property rights of any third party. Octave Innovation reserves the right, at its sole discretion, to suspend or deny access to the Services at any time for violation of these Terms or the Privacy Policy.

 

  1. Privacy Policy. Your submission of information through the Website is governed by our Privacy Policy found at octavetraining.com, which explains how we collect, use and disclose personal information. You consent to the collections, uses and disclosures of your personal information for the ‎purposes described in our Privacy Policy.‎

 

  1. 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.

 

  1. Payments, Billing, and Refunds.

 

  1. 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.

 

  1. Non-Transferability. Access to and use of the Products, and purchased tickets are not transferable unless otherwise expressly stated. 

 

  1. 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. 

 

  1. 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. 

 

  1. 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.  

 

  1. 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. 

 

  1. Indemnification. You agree to indemnify, defend, and hold Octave Innovation 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 any claims based on or arising out of your use of the Services or any portion of the Services or the use of any individual using your password. You further agree to indemnify, defend, and hold Octave Innovation and its Representatives harmless from any and all losses, liabilities, and costs (including, without limitation, attorneys’ fees) resulting from or arising out of claims of third parties, including arise in whole or in part from violations by you (or any individual using your password) of these Terms or the Privacy Policy.

 

  1. Governing Law and Venue. These Terms, the Privacy Policy, and your use of the Services or Content will be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or the Privacy Policy shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms, the Privacy Policy, or your use of the Services.

 

  1. Miscellaneous.

 

  1. 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. 

 

  1. 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.

 

  1. 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.

 

  1. 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. 

 

  1. 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. 

 

These Terms of Use were last updated on May 18, 2021.