Last revised April 10, 2023.
- USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
These Terms of Service (the “Terms of Service” or the “Agreement”) describe the terms on which you may access and use the services (the “Services”) offered through the website that links to these Terms of Service (the “Website”). The Website are owned and operated by The Organized OT LLC (“TORGOT”).
If your use of the Services is terminated for any reason, then: (a) these terms will continue to apply and be binding upon you in respect of your prior use of the Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms of Service will survive such termination.
We may revise the Terms of Service from time to time by updating these Terms of Service and Website, with the new terms taking effect on the date of posting. You should review these Terms of Service every time you use the Services because they are binding on you.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE OR THE SERVICES.
- DESCRIPTION OF SERVICES
You understand and acknowledge that the Website is being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Services may be subject to unpredictable disruptions/suspensions, or contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from your device and from peripheral devices and systems (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back up all data and information before interfacing with the Website. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. In addition, We are not obligated to provide any maintenance, technical, or other support for the Services.
We reserve the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time, with or without notice to you. We will not be liable to you or any third party should We exercise such right. Any new features that augment or enhance the then-current Services on the Website shall also be subject to these Terms of Service.
Additionally, We reserve the right, at any time, to immediately, and without notice, suspend service to the Website to conduct routine maintenance, or otherwise, for, including, but not limited to, making improvements and modifications.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- CONDUCT ON WEBSITE
Your use of the Website is subject to all applicable laws, statutes, codes, ordinances, rules, and regulations, and you are solely responsible for your actions and the content of your communications through the Website. By posting information in or otherwise using any communications service, forms, or other interactive services that may be available to you on or through the Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, rights of publicity, or other proprietary rights of any party;
- constitutes unauthorized or unsolicited advertising, junk, or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the content of any material uploaded or submitted by third-party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, Our online forms or other interactive services that may be available on or through the Website. However, we have the right, at our sole discretion, to remove any content that, in our sole judgment, does not comply with these Terms of Service and any other rules of user conduct for the Website, or is otherwise inappropriate, harmful, repugnant, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Materials” below (Section 8) for a description of the procedures to be followed in the event that any party believes that content posted on the Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your access to the Website, or other affiliation with our Website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
By submitting a form on the Website, you, for yourself and your organization, represent and warrant that you have the authority to complete the state filing requested. You agree and acknowledge that submission of a form may not affect any tax requirements or other legal obligations that you have in a specific state. Submitting false information may subject you to civil and/or criminal liability. We will cooperate fully with any investigation of law enforcement or other US or other relevant foreign governmental agency into the misuse or alleged misuse of the Website and any of the Services.
- LINKS TO OTHER WEBSITES
The Website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by unaffiliated third parties. These third party websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
- PROPRIETARY RIGHTS IN WEBSITE CONTENT
TORGOT retains all copyright, trademark, trade dress, and other proprietary rights in the content of the Website and the Services (the “Content”). Elements of the Content are protected by copyright, trademark, trade dress, and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark, trade dress, or copyright of TORGOT or any third party. Certain portions of the Services contain information supplied and updated by third parties, or include links to third-party sites. TORGOT is not responsible for, and makes no warranty as to the accuracy of, any of such information on those sites.
TORGOT claims no ownership in, nor any affiliation with, third-party trademarks, trade dress, or brand names that may appear on the Website. Such third-party trademarks and trade dress are used only to identify the products and services of the respective owners, and no sponsorship or endorsement on the part of TORGOT should be inferred from their use. You are not permitted to use the trademarks or trade dress displayed on the Services without the prior written consent of TORGOT or the third party that may own the trademarks.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without TORGOT’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright, trademark, trade dress, and all other proprietary notices intact. You may not republish Content contained in the Services or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
- AFFILIATE DISCLOSURE AND SELECT AFFILIATE PROGRAM
When you see links to products or services on this Website, those links may take you to a product or service on a website that is hosted by a third party. If you click on any third party link appearing on the Website and make a purchase within a certain period of time, I may earn a commission. This commission is paid by the third party and there is no additional cost to you.
TORGOT is always mindful to link products and services that it uses and recommends. Thank you for your support!
As an Amazon Associate, TORGOT earns a commission from certain purchases that you make when you click through a link posted on the Website.
TORGOT is also a member of Reward Style, an affiliate advertising program which allows it to link to a number of reputable third party websites. Reward Style links look like this: http://rstyle.me/
- NOT MEDICAL ADVICE
The Website may provide activities, helpful tips or recommendations. Any activities, tips or recommendations that appear on the Website are not medical advice and should not be construed as such. You should consult with your doctor or a properly licensed medical professional prior to engaging in any of the activities, or following any of the tips or recommendations contained on this Website.
TORGOT has no knowledge of your unique circumstances, or those of your patient, child, sibling, parent or anyone else under your care. Your specific situation may require that you either refrain from engaging in or modify for your needs any of the tips, recommendations or activities contained on the Website.
Some products sold by TORGOT, and some activities recommended by TORGOT, require the use of small objects that may represent a choking hazard to young children or members of the special needs population. You are solely responsible for the safety and well-being of anyone under your direction and care.
- USE OF MATERIALS
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT TORGOT DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. TORGOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TORGOT MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION, INCLUDING PRICING INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TORGOT OR THROUGH OR FROM THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Through your use of the Website, you may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase details, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
Content available through the Website often represents the opinions and judgments of an information provider, Website user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TORGOT spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the Services available through the Website may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of the Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services available on the Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE WEBSITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless TORGOT, and its MEMBERS, directors, officers, employees, agents, parents, subsidiaries, affiliates, and representatives, from and against any and all claims, liabilities, losses, damages, causes of action, costs, and expenses (including without limitation court costs and attorneys’ fees) that any of them may suffer or incur as a result of or in connection with: (a) your use of the Services or services or goods obtained through your use of the Services; (b) your breach or violation of any of these Terms; (c) TORGOT’s use of your User content; or (d) your violation of the rights of any third party.
- CHOICE OF FORUM
You agree that any action at law or in equity arising out of, arising under, or otherwise connected with or relating to these Terms of Service shall be filed, and that venue properly lies only in the state and federal courts located in Pinellas County, Florida and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
- CHOICE OF LAW
These Terms of Service are governed by and construed solely in accordance with the substantive and procedural laws of the State of Florida, without giving effect to any conflict of laws principles or choice of law principles that would otherwise result in the application of the substantive or procedural laws of a different jurisdiction.
You may opt out of marketing email communications by clicking “unsubscribe”, which is found at the bottom of every email sent by us. Please note that you may still receive emails relating to your account or the Services.
TORGOT may deliver notice to you under these Terms of Service by means of email, a general notice posted on the Website, or by written communication delivered by first-class U.S. mail to the address that you have provided to TORGOT. You may give notice to, or submit comments, questions, or complaints to TORGOT at any time via email at The OrganizedOT@gmail.com
- GENERAL PROVISIONS
These Terms of Service are severable, and in the event any provision is determined to be invalid or unenforceable, in any jurisdiction, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings based upon or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Service.
No amendment or modification of this Agreement will be effective without the prior written consent of TORGOT.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of the Website, or use of or access to the Website.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through the Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, Acts of God, labor disturbance, war, terrorism, fire, or other casualty, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
The provisions of these Terms of Service entitled “User’s Acknowledgement and Acceptance of Terms” (Section 1), “Conduct on Website” (Section 3), “Proprietary Rights in Website Content” (Section 5), “Not Medical Advice” (Section 6),“Use of Materials” (Section 8), “Disclaimer of Warranties” (Section 9), “Limitation of Liability” (Section 10), “Indemnification” (Section 11), “Choice of Forum” (Section 12), “Choice of Law” (Section 13), “Emails” (Section 14), “General Provisions” (Section 16), “Miscellaneous” (Section 17) and “Survival” (Section 18) will survive the termination of this Agreement.