Obligations and Confidentiality
You cannot use the Resources for purposes other than as specified in these Terms. If purchased under a company, institutional or multi-user license, You may permit your employees to use the Resource under these Terms, provided that the You take all necessary steps and impose the necessary conditions to ensure that all employees using the Resource do not commercialise or disclose the contents of it to any third person, or use it other than in accordance with these Terms. You will not distribute, sell, license or sublicense, let, trade or expose for sale the Resource to a third party. You shall ensure that the Resource retains all Elevate OT copyright notices and other proprietary legends and all trademarks or service marks of Elevate OT. All Intellectual Property Rights over and in respect of the Resources are owned by Elevate OT. You do not acquire any rights of ownership in the Resource.
The contents of this Website and any and all of the Resources are fully protected by copyright law. Any unauthorized downloading and/ or distribution of any copyrighted material from this Website and/ or Elevate OT Resources or content without our express, written permission is strictly prohibited. Any changes to or unauthorized distribution of the Materials will be considered a violation of applicable copyright laws. The Elevate OT Website, including the text, graphics, and software that appear on the Elevate OT Website, is owned by or licensed to Elevate OT, and is subject to copyright and other intellectual property rights under Canadian conventions.
Limitation of Liability
Disclaimers and Release
Elevate OT Resources and Website are not intended as medical advice for the public; the content on this Website, and all free and premium Resources available for purchase from Elevate OT are intended as educational Resources for use by professional Occupational Therapists only. If you have questions or concerns related to health care, disability, or rehabilitation, please consult a physician for an appropriate referral to Occupational Therapy services.
Note to Occupational Therapists: the Resources are not intended as a substitute for clinical decision-making. Elevate OT does not warrant that the Resources will function in any environment. You acknowledges that the Resources have not been prepared to meet any specific requirements of any individual, including any requirements of you or your clients; and it is therefore the responsibility of you to ensure that the Resources meet its own individual requirements. The Occupational Therapist and/or purchaser is responsible for providing appropriate therapy based on an individual client’s needs and goals under the direction of a physician. The ideas expressed within this Website and within Elevate OT are by no means the only approach to a given diagnosis; they are neither complete nor exhaustive and do not cover all diseases, ailments, physical conditions or the their management or treatment.
Elevate OT makes significant efforts to present the most accurate and reliable information on this Website and in the Resources as possible, however Elevate OT does not endorse, approve, or certify such information, nor does it guarantee its accuracy, completeness, efficacy, or timeliness. Resources provided by Elevate OT are on an “as is" basis. Elevate OT will not be held liable by You or Your employees in any way, for any loss, damage or injury suffered or by any other person related to any use of the Resources or any part thereof. Elevate OT assumes no responsibility for consequences resulting from use of the Resources and expressly disclaims all liability for damages arising out of use, reference to, reliance on, or performance of such information. In no event shall Elevate OT be liable for any claims, damages or loss which may arise from the modification, combination, operation or use of the Resources. Elevate OT specifically disclaims all liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or specific damages arising out of or in any way connected to use of our Website or Resources, or any content, information, or services herein. To the extent permitted by law, no express or implied warranty, term, condition or undertaking is given or assumed by Elevate OT, including any implied warranty of merchantability or fitness for a particular purpose.
Throughout the Website, We may provide links and pointers to Internet website maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither We nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Websites linked to by us on the Website.
You hereby indemnify to the fullest extent, defend and hold harmless Elevate OT, its affiliates, partners, owners, or employees from and against any and all claims (including third party claims), demands, actions, suits, expenses (including attorney's fees) and damages (including indirect or consequential loss) resulting in any way from you and/or your employee's use or reliance on the Resources; your breach of any of the provisions of these Terms and conditions by you or any of your employee; and any other act by you. You agree to indemnify and hold harmless Elevate OT, its affiliates, partners, owners, or employees from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Website, violation of these Terms by you or any of your employees, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
These Terms will be construed by and governed in accordance with the laws of British Columbia, Canada. It may not comply with legal requirements of foreign countries. Other countries may have laws and regulatory requirements that differ from those in Canada. You and/or any persons using the Resources and this Website submit to exclusive jurisdiction of the courts of British Columbia, Canada, rather than under the law of your home country.
Upon purchase, Elevate OT grants to the You a non-exclusive, non-transferable License to use the free or premium Resource or Resources for the specific purpose specified in these Terms, subject to the Terms and conditions set out in these Terms. In consideration for the License grant You agree to pay the fee as stated on the Website for the specific Resource in question immediately upon execution of these Terms prior to use of the Resource. The License fee and any other amounts payable by the You to Elevate OT, under these Terms, are exclusive of any and all foreign and domestic taxes, which if found to be applicable, will be invoiced to You and paid by You within 30 days of such invoice.
Notices, Termination, Servability
All notices required under these Terms shall be in writing and shall be deemed given (i) when delivered personally; (ii) five (5) days after mailing, when sent certified mail, return receipt requested and postage prepaid; or (iii) one (1) business day after dispatch, when sent via a commercial overnight carrier, fees prepaid. All notices given by You must be sent to Our address (unless otherwise changed by written notice). Contact Us at admin@OThandouts.com for Our current address. If You are in breach of any Terms and have not corrected such breach to Our reasonable satisfaction within 7 days of Our notice of the same; You becomes insolvent, or institutes (or there is instituted against it) proceedings in bankruptcy, insolvency, reorganization or dissolution, or makes an assignment for the benefit of creditors. Termination under this clause shall not affect any other rights or remedies Elevate OT may have. You recognize the uncertainty of the law with respect to certain provisions of these Terms and expressly stipulate that these Terms will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of these Terms are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from these Terms or modified so as to make them enforceable and the validity and enforceability of the remainder of such provisions and of these Terms will be unaffected.
These Terms are personal to you and you may not assign it to anyone. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us / Elevate OT. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Website or Resources, these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred.