OT-ADVANTAGE.COM
USER AGREEMENT
Welcome to OT-Advantage.com! The User Agreement of OT Advantage, LLC (“OT Advantage”) sets forth the conditions and terms under which users may access and use our services. To become an OT Advantage user, you must read and accept all of the conditions and terms set forth in this User Agreement and the separate Privacy Policy . Any inconsistency between the OT Advantage Privacy Policy and this User Agreement is unintentional, and the User Agreement shall control. If you do not agree to be bound by the conditions and terms of this User Agreement, you may not use or access the OT Advantage services offered by this website. OT Advantage reserves the right to refuse service without prior notice to any user for any or no reason.
This User Agreement may be modified at any time by OT Advantage or any party designated by OT Advantage without prior notice, by amending the terms contained within the User Agreement. Your use of any of the OT Advantage services denotes your acceptance of any such modified terms. Changes or modifications to the User Agreement shall be found on this page.
Description of Service
OT Advantage is an online service (the “OT Advantage Service”) offered to occupational therapy practitioners, educators and students in order to facilitate interaction with other similar practitioners and students more efficiently by allowing users of the OT Advantage Service to communicate with one another through this website. OT Advantage also offers resources to practitioners and students, including articles, case studies and questions and answers related to the occupational therapy profession.
OT Advantage also provides study materials for the National Board for Certification in Occupational Therapy Occupational Therapist Registered Certification Exam (the “NBCOT® OTR® Certification Exam”) and the Certified Occupational Therapy Assistant Certification Exam (the NBCOT® COTA® Certification Exam. The NBCOT is an independent licensing agency, and passing the NBCOT OTR® or COTA® Certification Exam is a means for the occupational therapist or occupational therapy assistant to show that they meet a higher professional standard than is required by state licensure. More information can be found at www.nbcot.org. Please take notice that while OT Advantage strives to provide high quality supplemental materials designed to aid students in preparing for the NBCOT OTR® or COTA® Certification Exam, OT Advantage is in no way affiliated with NBCOT and is an independent company.
Courses Approved for CE Credit
As part of the above-mentioned services, OT Advantage offers Webinars and courses to its users, some of which may be eligible for Continuing Education (“CE”) Credit under a User’s State guidelines or regulations. OT Advantage shall follow the AOTA guidelines for CE Credit for these courses. AOTA guidelines have been approved as the standard for CE Credit in 25 US States, but please note it is the responsibility of the User to research their own State guidelines and determine if CE Credit will be approved by their State.
OT Advantage is not currently an AOTA-Approved Provider, which means that although the courses are designed under the AOTA guidelines, OT Advantage makes no warranties or representations that such Webinars or courses will meet AOTA or other State qualifications. Upon successful completion of one of these Webinars or courses, OT Advantage shall provide a Certificate of Completion to the User, detailing the course (time, material, number of credits, etc). This Certificate must then be submitted by the User to the appropriate State Board or Agency for CE Credit approval.
If/When OT Advantage becomes an AOTA-Approved Provider, the Certificates of Completion shall bear the AOTA Seal of Approval. Once OT Advantage becomes an AOTA-Approved Provider, webinars designed under AOTA guidelines for CE Credit shall be submitted to AOTA for their records and are assumed to meet their criteria unless expressly stated otherwise by AOTA.
Please note that CE Credit is not retroactive and can only apply to courses that qualify for CE credit at the time they are completed by the User. OT Advantage does not control the guidelines or approval process for any such Webinars or courses and cannot guarantee that a course will be approved or continue to be approved or qualify for CE Credit by as User’s State for. Users are encouraged to research their State guidelines and qualifications for CE Credit often, as it is the User’s responsibility to assure the course will meet their State’s qualifications. For complete descriptions of AOTA credit regulations and guidelines for CE credit approval for courses, please visit
http://www.aota.org/Practitioners/ProfDev/CE/APP/Approved-Provider/Application/40384.aspx
AOTA does not endorse or sponsor our courses, Webinars or our materials, nor does it have any affiliation with OT Advantage beyond approval of certain courses or Webinars for CE Credit.
Membership Eligibility
The OT Advantage Service is not available to persons under the age of 18 or to any users that may have been suspended or removed by OT Advantage for any reason. The OT Advantage Service is only available to occupational therapy practitioners and students currently studying occupational therapy.
Membership Responsibilities
As a user and member of the OT Advantage Service, you are accountable for maintaining the accuracy and confidentiality of your password and account. All actions that occur under your account, with or without your knowledge, are your own responsibility.
As a user and member of the OT Advantage Service, you are fully responsible for all activities that occur under your password or account with or without your knowledge, and any misuse of your account in violation of this agreement or the Privacy Policy may result in the termination of your account. In the event of any misuse, you must notify OT Advantage immediately.
As a user and member of the OT Advantage Service, you acknowledge that information and material provided by third parties, including other users, members and third-party websites, cannot be verified by OT Advantage. OT Advantage does not guarantee the accuracy of such information and material in any way. OT Advantage reserves the right to monitor user and member activity in order to ensure the accuracy of such information and material, but is not obligated to do so.
As a user and member of the OT Advantage Service, you will not modify or otherwise alter the content created by OT Advantage or posted on the OT Advantage website.
As a user and member of the OT Advantage Service, you will not use the OT Advantage Service to harass or stalk another user or member.
As a user and member of the OT Advantage Service, you will not post, transmit or otherwise make available any unauthorized or unsolicited advertising, including “junk e-mail,” “spam,” or other unsolicited promotional materials.
As a user and member of the OT Advantage Service, you will not post, transmit or otherwise make available any content that infringes upon the intellectual property or otherwise proprietary rights of another, including, but not limited to, copyrights, patents, trademarks or trade secrets.
The use of any automated or manual devices or software or other processes to “crawl” or “spider” any web pages contained in the website is strictly prohibited. As a user and member of the OT Advantage Service, you agree not to copy or monitor, or allow others to monitor or copy, the website or the content of the website. Furthermore, you agree not to take any action that interferes with the proper working of or the website, including, but not limited to, attempting to gain unauthorized access, placing an unreasonable burden on our infrastructure, unsolicited communications, or the activation or transmission of computer viruses.
Membership Conduct
As a member of OT Advantage, you agree not to use the OT Advantage Service in the following ways: 1) to communicate in any unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable way, 2) for any illegal purpose, 3) to misrepresent your qualifications, associations or identity, 4) to disclose, communicate or distribute content or information that you do not have the right to disclose, communicate or distribute, in any way, including in ways that infringe on the copyright, trademark, patent, trade secret or other proprietary rights of others, or 5) collect e-mail or user information for the purposes of sending unauthorized or unsolicited advertisement material to users or members.
License
By using the OT Advantage Service, you hereby grant OT Advantage an irrevocable, perpetual, worldwide and royalty-free license to any and all information and material posted, uploaded or otherwise communicated by you, including, but not limited to, the right to edit, translate or otherwise modify such information and material. Such information and material shall include content posted or otherwise communicated during any Exam Preparation Course or during a Webinar (see “Third-Party Websites,” below), though such events may take place on third-party websites. Since OT Advantage has created the content for the Exam Preparation Courses and shall be sponsoring the Webinars and providing access to OT- Advantage users, the rights to such information or material as mentioned above shall extend to such Webinars.
Communication by OT Advantage
OT Advantage may from time to time communicate with you and other users and members via email and other methods of communication for the purposes of, but not limited to: 1) updating users and members as to new, deleted or modified features and capabilities of the website, 2) requesting the verification of information directly related to your account, or 3) notifying users and members of any offers provided or approved by OT Advantage.
Termination
OT Advantage may at any time, with or without cause, terminate your account for any of the following reasons: 1) violations or breaches of this User Agreement or other OT Advantage agreements, 2) requests by the government, law enforcement or any other regulatory agencies, 3) a request by you to terminate your account, 4) any technical difficulties, including, but not limited to, the distribution, in any manner, of computer-related viruses, spyware or malware, and 5) your inactivity as determined by OT Advantage. These reasons for termination are examples only, and OT Advantage’s right to terminate accounts shall not be limited to these reasons. As a user and member of OT Advantage, you agree that OT Advantage has complete authority to terminate accounts, and any such termination may result in the denial of further access to your account and any related benefits conferred to you as a consequence of membership.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold OT Advantage, and any of its affiliates, agents, employees, subsidiaries and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from: 1) your use of the OT Advantage Service and website, 2) unauthorized access to or alteration of your communications with or through the OT Advantage website, or 3) any other matter relating to the OT Advantage Service, including content or services provided by OT Advantage that may be accessed through third party websites. Any business transactions arising between users and members and/or third party websites as a result of their use of OT Advantage are solely the responsibility of the users and members involved.
All content presented on this website is for informational purposes only. The content presented is not a substitute for professional advice, diagnosis or treatment. OT Advantage does not recommend or endorse any specific opinions, practitioners, products, procedures, tests or other information that may be mentioned in the content of this website. You should quickly seek the advice of a qualified healthcare provider if you have any questions regarding your health or therapy. In the event that you believe you have a medical emergency, we urge you to call 911 immediately.
Use of Third-Party Websites
As a user of OT Advantage, you may have the opportunity to access third party websites through OT Advantage that are designed to enhance the educational and informational experience provided by OT Advantage. Such third-party websites may include Webex.com, where OT Advantage will be hosting Webinars and Exam Preparation Courses. Users may also be utilizing Paypal to purchase these goods and services. Please be advised that while using third-party sites, all users of OT Advantage shall continue to be subject to the terms of this Agreement and OT Advantage’s Privacy Policy, as applicable, in addition to any such User Agreement and Privacy Policy of such third party sites. Webex.com’s User Agreement may be accessed here: http://www.webex.com/companyinfo/webex_terms.html, and Paypal’s User Agreement may be access here: http://www.paypal.com/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/USUA-outside
As used herein, “Webinar” shall mean any audio or audiovisual event held at www.OT Advantage.webex.com, or other third-party site, that features guest speakers and other professionals in the occupational therapy industry, chosen specifically by OT Advantage to educate its users,
As used herein, “Exam Preparation Course” or “Exam Preparation Courses” shall mean materials either created and owned by OT Advantage or licensed by OT Advantage from third parties that are provided to users as part of a free or paid course, hosted by OT Advantage at www.OT Advantage.webex.com, or other third-party site, whose purpose is to prepare users for the NBCOT OTR® Certification Exam (see “Description of Service” above).
Warranties
OT Advantage expressly disclaims any and all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No further communications between you and OT Advantage will create additional warranties. Any use of this website is done at the risk and discretion of the users and members, and OT Advantage expressly disclaims any and all warranties related to any and all damage resulting from the use of this website. OT Advantage makes no warranty that the OT Advantage Service will serve your needs and expectation, or will continue uninterrupted or error-free.
OT Advantage does not assume any responsibility for the prompt delivery or retention of any user communication or user information or the accuracy of such user communication or user information.
The downloading of any material, information, or programs through the OT Advantage Service is done at your own discretion and is not the responsibility of OT Advantage. Damages to your computer system or loss of data as a result of such downloads obtained through the OT Advantage Service are the sole responsibility of the User.
The website contains content provided by third parties as well as links to third-party websites. OT Advantage does not guarantee the accuracy, integrity or quality of the content of this information on the sites of these third parties, nor does OT Advantage endorse any such information or materials merely by sponsoring any event held through any third-party site. The content contained in the sites of third parties is governed by the User Agreement of those sites and we encourage you to consult their User Agreement when dealing with third-party websites. However, please be advised that users of OT Advantage will also be governed by this Agreement while visiting third-party sites as part of the OT Advantage Service.
Intellectual Property
To notify OT Advantage of infringing or unlawful content, please provide the Copyright Agent of OT Advantage with the following information:
• Your name, address, telephone number and e-mail address;
• A description of the exact location on the website of the infringing or unlawful content;
• A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;
• In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
• In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
• A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content.
OT Advantage takes such notices very seriously. We will evaluate the provided notice, and, if appropriate based on our sole discretion, remove the content or disable access to the content. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint. We reserve the right, in our sole discretion, to restore such content if the source of such content provides evidence that the content should not have been removed. We encourage you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.
OT Advantage’s Copyright Agent may be notified of claims of intellectual property infringement through any of the following ways through the contact information below, attention General Counsel of OT Advantage, LLC.
Copyright Notice and Disclaimer
All materials provided to users in the context of any Exam Preparation Course, including, but not limited to, any booklets, study tools, tips, sample questions and explanations, are copyrighted materials belonging to OT Advantage. Users are permitted and encouraged to make use of such materials to prepare for the NBCOT OTR® Certification Exam subject to the terms of this Section and this Agreement. Users may also stream Webinars free of charge and/or download Webinars for a fee. Each Webinar and its contents has been licensed to OT Advantage and shall remain the property of the professional speaking on the Webinar.
Some of the aforementioned materials, including Webinars and other content, may be content which is approved by AOTA for CE Credit and may bear a seal of such approval. All copyrights, trademarks, information and other intellectual property belonging to AOTA shall remain the property of AOTA and OT Advtantage uses such content with permission from AOTA. Users of such content shall be afforded due credit from AOTA where appropriate.
The materials and content described above, whether streamed, downloaded or otherwise transmitted to a user, are for personal use only and the use of such materials for any commercial purpose, whether or not there is a direct or indirect financial gain by such user, shall be considered copyright infringement. Users may not copy, distribute, publicly display, or otherwise infringe on the exclusive copyrights of either OT Advantage or any third party. The aforementioned limits on use shall include any intellectual property belonging to OT Advantage or properly licensed by them, including trademarks, trade secrets, patents and any other propriety and protectable information.
Notwithstanding the foregoing, OT Advantage claims no ownership over any third-party materials that may be contained in the content created by OT Advantage and used during either an Exam Preparation Course or Webinar, and has exercised every good faith effort to properly license such materials. Users are permitted to make use of such materials only as described above in this Section.
Liability
OT Advantage shall not be liable to users and members, or any third party, for the approval or termination of any account or the denial or approval of access to the OT Advantage Service.
OT Advantage shall not be liable for any losses or damages arising from the failure of users or members to comply with this User Agreement. OT Advantage is not responsible for lost profits or damages resulting from use of the OT Advantage Service in excess of one thousand dollars ($1,000.00).
OT Advantage shall not be liable for errors, omissions, or inaccuracies in the content herein.
Governing Law
This User Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of laws principles.
Arbitration Clause
Any controversy or claim arising out of or relating to this User Agreement or the website will be handled through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Such a controversy or claim will be arbitrated individually and not consolidated in any claim or controversy of another party. Such arbitration will be conducted in Chicago, Illinois, and judgment and/or equitable remedies on the arbitration award or in anticipation of arbitration may be entered in any court of competent jurisdiction in Chicago, Illinois.
General Information
If you have questions or concerns about this User Agreement, please contact the website owner at:
OT Advantage, LLC
P.O. Box 312
Sackets Harbor, NY 13685-0312
Phone: 773-570-5489
Fax: 888-379-7344
info@ot-advantage.com