The OT Connection, LLC

www.theotconnection.com

TERMS AND CONDITIONS (TERMS OF USE)

The OT Connection, LLC

Effective Date: July 1, 2025

Website: www.theotconnection.com

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS

WEBSITE OR PURCHASING ANY PRODUCTS OR SERVICES. BY ACCESSING OR USING

THIS WEBSITE, CREATING AN ACCOUNT, OR COMPLETING A PURCHASE, YOU AGREE

TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement between you

("User," "you," or "your") and The OT Connection, LLC ("Company," "we," "us," or "our"), a

limited liability company organized and existing under the laws of the State of Wisconsin. These

Terms govern your access to and use of our website located at www.theotconnection.com (the

"Site"), as well as any products, services, courses, coaching programs, digital downloads, and

continuing education content (collectively, "Services") offered by the Company.

If you do not agree to these Terms in their entirety, you must immediately cease use of the Site

and Services. Your continued use of the Site or Services constitutes your ongoing acceptance of

these Terms.

2. ELIGIBILITY

By using this Site and Services, you represent and warrant that:

• You are at least 18 years of age;

• You have the legal capacity to enter a binding contract;

• You are a licensed, credentialed, or otherwise qualified allied health professional, or a

student enrolled in an accredited allied health program, seeking continuing education or

professional development;

• All information you provide to us is accurate, current, and complete;

• Your use of the Site and Services complies with all applicable laws and regulations.

3. SERVICES DESCRIPTION

The OT Connection, LLC provides continuing education, professional development courses,

coaching programs, digital products, on-demand courses, live virtual and hybrid events, and

related educational content for occupational therapists and allied health professionals. The

Company is owned and operated by Jennifer Kinkade, PP-OTD, OTR, an occupational therapist

licensed in the State of Wisconsin.

All courses, programs, and content offered through the Site are for educational and professional

development purposes only. Nothing contained in any course, program, or content constitutes

occupational therapy services, medical advice, psychological counseling, legal advice, or any

other professional services regulated by applicable licensing laws. See our Professional and

Health Disclaimer for additional important limitations.

Users acknowledge and agree that all educational materials, demonstrations, case examples,

coaching discussions, and course content are general in nature and are not intended to replace

individualized clinical reasoning, patient-specific assessment, employer policies, supervisory

guidance, or applicable legal and ethical obligations. Users assume full responsibility for

determining the appropriateness of applying any educational concept, intervention, strategy, or

recommendation within their own professional practice and jurisdiction.

3.1 No Clinical Reliance

The Company does not warrant or represent that any educational material, intervention strategy,

assessment method, documentation approach, or professional recommendation presented

through the Services is appropriate for any specific patient, client, workplace, or clinical

circumstance. Users expressly acknowledge that they are solely responsible for exercising

independent professional judgment and complying with all applicable laws, regulations,

licensing requirements, ethical obligations, payer requirements, employer policies, and

standards of care.

4. ACCOUNTS AND REGISTRATION

4.1 Account Creation

Some portions of the Site and certain Services may require you to create an account. When you

create an account, you agree to:

• Provide accurate, current, and complete information;

• Maintain and promptly update your account information to keep it accurate;

• Maintain the security and confidentiality of your login credentials;

• Accept all responsibility for all activity that occurs under your account;

• Notify us immediately at [email protected] if you suspect unauthorized

access to your account.

4.2 Account Termination

We reserve the right to suspend or terminate your account, without notice or liability, if we

determine that you have violated these Terms, engaged in fraudulent activity, or used the

Services in any manner that could harm the Company, other users, or third parties. Upon

termination, your right to access any course content or digital products associated with your

account may be revoked without refund.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership

All content on this Site, including but not limited to text, graphics, logos, button icons, images,

audio clips, video content, course materials, handouts, worksheets, slide decks, assessments,

case studies, webinars, recordings, and software, is the exclusive property of The OT

Connection, LLC or its content suppliers and is protected by United States and international

copyright, trademark, trade secret, and other intellectual property laws.

5.2 Limited License

Upon purchase of a course or digital product, the Company grants you a limited, non-exclusive,

non-transferable, revocable license to access and use the purchased content for your personal,

professional development purposes only. This license does not include the right to:

• Reproduce, copy, distribute, or publicly display course content;

• Create derivative works based on course content;

• Sell, resell, license, sublicense, or otherwise transfer course content to any third party;

• Use course content for commercial purposes without express written permission from

the Company;

• Remove or alter any copyright, trademark, or other proprietary notices.

This license automatically terminates upon any violation of these Terms. The Company reserves

the right to revoke access to any course, digital product, membership, coaching program, or

educational material without refund if unauthorized sharing, reproduction, account sharing,

redistribution, or misuse is suspected. Unauthorized use may also subject the user to civil

liability and injunctive relief.

5.3 DMCA Policy

We respect intellectual property rights and expect our users to do the same. If you believe your

copyrighted work has been infringed upon on our Site, please submit a written notice to

[email protected] containing all information required under the Digital Millennium

Copyright Act (17 U.S.C. § 512).

5.4 User-Generated Content

If you submit any content to our Site, including comments, reviews, or discussion posts, you

grant the Company a perpetual, royalty-free, worldwide, non-exclusive license to use,

reproduce, modify, and display such content in connection with our Services. You represent and

warrant that you own or have the necessary rights to such content and that it does not infringe

any third-party rights.

5.5 HIPAA and Confidentiality Restrictions

Users agree not to upload, post, transmit, share, or otherwise disclose any protected health

information (“PHI”), personally identifiable patient information, confidential employer information,

medical records, photographs, recordings, or other information protected under HIPAA or other

privacy laws through the Site, discussion forums, coaching programs, webinars, group calls,

chat functions, or other Company platforms.

Users are solely responsible for ensuring that any case examples or clinical discussions are

fully de-identified in accordance with applicable law and professional obligations. The

Company’s platforms are not intended to serve as HIPAA-compliant systems for the

transmission or storage of protected health information.

The Company reserves the right to remove any content that it reasonably believes may violate

privacy, confidentiality, or applicable law.

6. PAYMENTS AND PRICING

6.1 Pricing

All prices for Services are displayed in United States Dollars (USD) and are subject to change

without notice. The Company reserves the right to modify pricing at any time, and such changes

will not affect orders already placed and confirmed.

6.2 Payment Processing

All transactions are processed through third-party payment processors. By providing your

payment information, you authorize the Company to charge the applicable fees to your payment

method. You represent that you are authorized to use the payment method provided. The

Company does not store complete credit card information on its servers.

6.3 Taxes

You are responsible for any sales tax, use tax, value-added tax (VAT), goods and services tax

(GST), or similar taxes applicable to your purchase, as determined by your jurisdiction of

residence. The Company will collect and remit applicable taxes as required by law.

6.4 Failed Payments

If a payment is declined, you will be notified and your access to purchased Services may be

suspended until the outstanding balance is resolved. The Company reserves the right to charge

applicable fees for returned payments or chargebacks.

6.5 Chargebacks

You agree to contact the Company directly at [email protected] to resolve any billing

disputes before initiating a chargeback with your financial institution. Initiating an unwarranted

chargeback may result in immediate termination of your account, revocation of access to all

purchased content, and referral to collections if warranted.

7. REFUND AND CANCELLATION POLICY

Refunds and cancellations are governed by our Refund and Cancellation Policy, which is

incorporated into these Terms by reference and available on our Site. Key provisions include:

7.1 Live Courses and Events

• Full refund: Cancellations made 7 or more days prior to the scheduled live event;

• 50% refund: Cancellations made 3–6 days prior to the event;

• No refund: Cancellations made within 48 hours of the start time, or no-shows.

7.2 On-Demand and Digital Products

• Refunds for on-demand courses or digital downloads are only issued if the learner has

not accessed more than 20% of the content and the request is submitted within 7 days

of purchase;

• Once digital content has been accessed beyond the 20% threshold, no refund will be

issued.

7.3 Coaching Programs

• Refunds for coaching programs are governed by the specific terms outlined in your

coaching agreement;

• Monthly or recurring program fees are non-refundable once the billing cycle has

commenced.

7.4 Requesting a Refund

All refund requests must be submitted in writing to [email protected] and must

include your name, course or product name, date of purchase, and reason for the request. The

Company reserves the right to deny refund requests that do not comply with these terms.

8. PROHIBITED USES

You agree that you will not use the Site or Services to:

• Violate any applicable law, regulation, or professional licensing requirement;

• Infringe upon the intellectual property rights of the Company or any third party;

• Upload or transmit malicious code, viruses, or disruptive technology;

• Impersonate any person or entity, or misrepresent your affiliation with any person or

entity;

• Engage in data mining, scraping, or harvesting of any content from the Site;

• Use any automated system, including bots or spiders, to access the Site;

• Share, sell, or transfer your account credentials or course access to any third party;

• Use the Services to develop competing products or services;

• Harass, intimidate, or harm any other user or Company representative.

• Upload, share, or disclose protected health information or confidential patient

information;

• Record, reproduce, or redistribute live trainings, webinars, coaching sessions, or course

content without written permission;

• Use Company content in a manner that violates professional ethical obligations or

employer policies.

9. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,

WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST

EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL

WARRANTIES, INCLUDING, WITHOUT LIMITATION:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

AND NON-INFRINGEMENT;

• WARRANTIES THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-

FREE, OR SECURE;

• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS

OF ANY CONTENT;

• WARRANTIES THAT DEFECTS WILL BE CORRECTED.

YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OT CONNECTION,

LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS,

AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT

NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS

OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO

YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES.

IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED

THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE

TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE

CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

USERS EXPRESSLY ACKNOWLEDGE THAT THEY ASSUME ALL RISKS ASSOCIATED

WITH IMPLEMENTING, APPLYING, OR RELYING UPON ANY EDUCATIONAL CONTENT,

CLINICAL CONCEPT, COACHING GUIDANCE, OR PROFESSIONAL DEVELOPMENT

MATERIAL PROVIDED THROUGH THE SERVICES.

NO PERSONAL LIABILITY SHALL ATTACH TO ANY MEMBER, OWNER, MANAGER,

OFFICER, EMPLOYEE, CONTRACTOR, INSTRUCTOR, PRESENTER, AFFILIATE, OR

REPRESENTATIVE OF THE COMPANY FOR ANY OBLIGATION, CLAIM, DAMAGE, OR

LIABILITY ARISING FROM THE SERVICES OR THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY

FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR

LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.1 Assumption of Risk

By using the Services, users voluntarily assume all risks associated with the application of

educational concepts, clinical strategies, documentation methods, business development

techniques, coaching guidance, or other materials provided by the Company. Users understand

that patient outcomes, business outcomes, employment outcomes, and professional consequences

depend on numerous individualized factors outside the Company’s control.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless The OT Connection, LLC, its members,

managers, officers, employees, agents, licensors, and service providers from and against any

claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including

reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b)

your use of the Site or Services; (c) your User-Generated Content; (d) your violation of any

third-party right, including any intellectual property or privacy right; or (e) your violation of any

applicable law or regulation.

12. THIRD-PARTY LINKS AND SERVICES

The Site may contain links to third-party websites or resources. The Company provides these

links for your convenience only and does not endorse, control, or assume any responsibility for

the content, products, or services available on those sites. Your use of any third-party site is

subject to that site's own terms and policies. The Company shall not be liable for any harm or

damages related to your use of third-party sites.

12.1 Third-Party Platforms

The Company may utilize third-party platforms for course hosting, webinars, payment

processing, scheduling, communication, analytics, marketing, and community engagement. The

Company is not responsible for outages, interruptions, data loss, security incidents, or

functionality issues attributable to third-party providers.

13. GOVERNING LAW AND DISPUTE

RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of

Wisconsin, without regard to its conflict-of-law provisions.

13.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact the Company at

[email protected] and attempt to resolve the dispute informally. The parties agree to

negotiate in good faith for a period of at least thirty (30) days before pursuing formal

proceedings.

13.3 Binding Arbitration

Except for claims eligible for small claims court, any dispute, claim, or controversy arising out of

or relating to these Terms, the Site, or the Services shall be resolved exclusively through final

and binding arbitration administered by the American Arbitration Association (“AAA”) in

accordance with its applicable consumer or commercial arbitration rules.

The arbitrator shall have exclusive authority to determine the scope, enforceability, and

applicability of this arbitration provision, including any claim that all or part of this provision is

void or unenforceable.

The parties knowingly and voluntarily waive any right to a jury trial.

Arbitration shall take place in Wisconsin unless otherwise required by applicable law. Judgment

on the arbitration award may be entered in any court of competent jurisdiction.

If any portion of this arbitration provision is determined unenforceable, the remaining portions

shall remain in full force and effect.

13.4 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR

INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.5 Venue

To the extent any claim or dispute is not subject to arbitration, you agree to submit to the

exclusive personal jurisdiction of the state and federal courts located in Wisconsin.

14. A2P 10DLC SMS COMPLIANCE

If you have opted in to receive SMS communications from the Company, the following terms

apply:

• Message frequency: Message frequency varies based on your preferences and

engagement with the Company;

• Message and data rates may apply. Check with your carrier for details;

• To opt out: Reply STOP to any text message to unsubscribe from all future SMS

communications;

• To get help: Reply HELP to any text message for assistance, or contact us at

[email protected];

• Carriers are not liable for delayed or undelivered messages;

• By providing your mobile phone number and opting in, you consent to receive automated

or manually generated text messages from the Company;

• The Company will not share your mobile number with third parties for marketing

purposes;

• SMS opt-in consent is not a condition of purchasing any product or service.

15. MODIFICATIONS TO TERMS

The Company reserves the right to update or modify these Terms at any time without prior

notice. Changes will be effective immediately upon posting to the Site. Your continued use of the

Site or Services following the posting of revised Terms constitutes your acceptance of those

changes. We encourage you to review these Terms periodically. The "Effective Date" at the top

of this document reflects the date of the most recent revision.

15.1 Force Majeure

The Company shall not be liable for any delay, interruption, cancellation, or failure to perform

resulting from causes beyond its reasonable control, including but not limited to acts of God,

illness, public health emergencies, internet outages, cyberattacks, labor disputes, governmental

actions, platform failures, utility interruptions, or other unforeseen events.

16. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of

competent jurisdiction, such provision shall be modified to the minimum extent necessary to

make it enforceable, or if not possible, severed from these Terms, and the remaining provisions

shall remain in full force and effect.

17. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Professional Disclaimer, Earnings Disclaimer,

Refund and Cancellation Policy, and Cookie Policy incorporated herein by reference, constitute

the entire agreement between you and the Company with respect to your use of the Site and

Services and supersede all prior or contemporaneous understandings and agreements.

18. CONTACT INFORMATION

18.1 Accessibility

The Company strives to make its Site and Services reasonably accessible to all users

and aims to improve accessibility consistent with generally recognized industry

standards, including WCAG guidelines where feasible. Users requiring accommodations

or experiencing accessibility barriers may contact the Company at

[email protected]

The OT Connection, LLC

Attn: Jennifer Kinkade, PP-OTD, OTR

1205 Lois Ave, Brookfield, WI 53045

Email: [email protected]

Website: www.theotconnection.com