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We strive to provide our members, customers, and other users of our website with the best products and services available and recognize that building a long-term business relationship with you depends a great deal on trust.  We provide this privacy notice to describe how we collect, use, share, and otherwise process the information we collect.

Subject to the information provided in this Privacy Notice, we have structured our Site so that, in general, you can visit OITA on the web without identifying yourself or revealing any personal information.  Once you choose to provide us personal information (name, address, e-mail address, phone number, etc.) you can be assured that it will only be used to support your member/customer relationship with us, or as otherwise set out in this Privacy Notice.  Our membership application process, registration process for seminars, certification and educational programs, the OITA Store (Marketplace), and Job Board (Talent Watch) may request and/or require you to submit personal information.  However, you can be assured that any such personal information that you submit to us will be protected by industry standard security and management procedures and will be used only for the purpose for which it was submitted, unless you request or agree otherwise, or as otherwise set out in this Privacy Notice.

Our Privacy Notice covers these areas: Awareness, Choice, Access & Correction, Security, Additional Site Issues, International Visitors, Retention, Enforcement Contact Information, and Changes to this Notice.

1. AWARENESS

OITA provides this Privacy Notice to make you aware of our privacy practices and of the choices you can make about the way your information is collected and used.

What Information We Collect

On OITA's Sites, over the telephone, or through the mail, you are able to order products or services from OITA, apply for OITA membership, and register for seminars, courses, and certification.  The types of personal information collected by OITA include your name, your employer and job title, your contact and billing information for business and home (including telephone number and e-mail address), and your credit card information (if applicable). In order to tailor our subsequent communications to you and continuously improve our products and services, we may also ask you to provide us with information regarding your personal or professional interests, demographics, experience with our products, and contact preferences.  By using our Sites, or by contacting us over the telephone, or through the mail, you may transfer your personal information to locations outside of the jurisdiction in which you live, including to the United States and other jurisdictions in which OITA operates.

The provision of information is sometimes required by law and at other times is a result of a contractual requirement.  You may be required to provide information, for example in a case where we enter an agreement with you, and the non-provision of information could, in certain circumstances, prevent a transaction from concluding.

Information Collected Through Technology

When you use any of our Sites or services, we or our service providers may collect tracking information such as your browser type, mobile device, the type of operating system you use, the domain name of your Internet service provider, and pages visited on the Sites. We use this information for aggregate reporting. For example, we may want to know how long the average user spends on our Sites or which pages or features get the most attention. We use this information to make our Sites and other products and services more useful to you; to provide you with more effective customer service; to make the Sites or services easier to use by eliminating the need for you to repeatedly enter the same information; to perform research and analysis aimed at improving our products, services and technologies; and to display content and advertising that are customized to your interests and preferences. (See Section 5, Additional Site Issues, for more information about technologies used to collect information about user activity on OITA Sites.)

How We Use the Information

OITA uses your information to better understand your needs and provide you with better service. Specifically, we use your information to help you complete transactions requested by you, to communicate back to you, and to offer and update you on OITA services and benefits. Credit card numbers are used only for payment processing and are not retained for other purposes.

As a benefit to OITA members and certificants, OITA will (at no charge) include your name and relevant biographical information in OITA directories.  From time to time, we may also contact you for market research purposes or to provide you with marketing information we think would be of interest. OITA will not reveal your personal information publicly or to any third party (except as stated below), unless we receive your permission to do so. For example, the OITA membership application includes a question asking if you want your name included in mailing lists, OITA announcement lists and OITA directories. Your name will not be used for any such purpose unless you affirmatively request OITA to do so. In addition, if at any time you would like to have your name removed from OITA lists and/or directories, please follow the directions given below in the "Choice" section (Section 2) of this document to opt-out of such contact.

We do not use automatic decision-making or engage in profiling that results in legal effects or similarly significant effects on you.

Where we intend to process your personal information for a purpose other than the purpose for which it was collected, we will provide you with information regarding the purpose for the processing, as well as other relevant information, prior to processing your personal information for the new purpose.

With Whom We Share the Information

OITA will not sell, rent, or lease your personal information to others outside of OITA without your permission. Unless we have your permission or are required by law, we will only share the personal information you provide to us with other OITA entities and/or business partners who are acting on our behalf to help us provide you with our products and services. Such OITA entities and/or business partners are governed by our privacy policies with respect to the use of this data and are bound by this Privacy Notice and applicable confidentiality agreements.

2. CHOICE

OITA will not use or share the personal information provided to us for purposes other than for which the information was originally submitted, without your express permission, except as expressly stated in this Notice. We will also provide you the opportunity to inform us at any time if you choose to opt-out of partial or total contact from OITA and we will comply with such requests. This choice regarding communications from OITA may be offered on our membership and certification applications, registration forms or web pages, or at the bottom of online or off-line communications from us. If you have any difficulty exercising your choices, please send your request to This email address is being protected from spambots. You need JavaScript enabled to view it..  You may also exercise your choices by contacting OITA by phone at +1-440-835-5648, (Customer Care) or by mail at Ohio IT Association, 1991 Crocker Road, Suite 105, Westlake, Ohio 44145. Except as expressly stated in this Privacy Notice, your permission will always be secured first, should we ever decide to share your information with third parties that are not acting on our behalf and not governed by our Privacy Notice.

3. ACCESS & CORRECTION

OITA strives to keep your personal information accurate. We will provide you with access to your information, including making every reasonable effort to provide you with online or telephone access to your registration data so that you may review, update or correct your personal information.  To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. If you are an OITA member, you can access your personal information by logging into OITA with your user ID and password. You may also request a change in your personal information by contacting This email address is being protected from spambots. You need JavaScript enabled to view it. or by telephone at +1 440 835 5648.

4. SECURITY

OITA is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We use data encryption technology to help protect against loss, misuse or alteration of your sensitive credit or debit card information. We use PCI compliant technology to encrypt the connection between you and our systems for the transmission of any credit or debit card information you input online, and we use encryption protection for any payment authorizations for transactions we request through any channel.

Any unauthorized access to or use of any of our Sites and other products and services or to the information collected and maintained by us should be immediately brought to our attention by contacting us via email at This email address is being protected from spambots. You need JavaScript enabled to view it. or by writing to us at Ohio IT Association, 1991 Crocker Road, Suite 105, Westlake, Ohio 44145.

Your access to some services and content is password protected. We recommend that you do not divulge your password to anyone. OITA will never ask you for your password in an unsolicited phone call or in an unsolicited email.  You should not disclose your user name and password to others.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure.  Accordingly, despite our best efforts to protect your personal information, OITA cannot completely ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit all such information at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.

5. ADDITIONAL WEB SITE ISSUES

• How OITA Uses Technology to Improve Your Site Experience

OITA uses cookies and web beacons (described below), to collect information about the pages you view, the links you click and other actions you take on our Sites and services. Additionally, we collect certain standard information that your browser sends to every web site you visit, such as your IP address, browser type and language, access times and referring web site addresses. We also deliver advertisements and provide web site analytics tools on non-OITA sites and services, and we may collect information about page views on these third party sites as well.

Most aggregate information is collected via cookies, web beacons and other technical methods. Web beacons (also known as clear gifs), in conjunction with cookies, are used to compile statistics about site usage. Web beacons are small pieces of data that are embedded in images on the pages of web sites or applications. We or our service providers use these technical methods to analyze the traffic patterns on our Sites, such as the frequency with which our users visit various parts of our Sites and to measure site effectiveness or use of online products and services. We also use Web beacons in HTML e-mails that we send our visitors who have agreed to receive e-mail from us, to determine whether our recipients have opened those e-mails and/or clicked on links in those e-mails. If you choose to furnish OITA with personally identifiable information, this information can be associated to the data stored in the cookies or Web beacons. These technical methods may involve the transmission of information either directly to us or to our service providers. These technical methods allow us to make our Sites and other products and services, and any e-mails you have agreed to receive, more interesting to you. You may render some Web beacons unusable by rejecting their associated cookies.

We also use cookies to store, and sometimes to track, user information. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us by, for example, registering or subscribing to our Sites. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. A cookie contains a unique number that allows our Sites to recognize your computer. We use both temporary and persistent cookies; a temporary cookie tracks visitor activity during a session or visit and it expires when you close your browser. We use them to provide continuity for your visit as you visit Site pages. Persistent cookies allow us to keep track of your user name and password (if you are a subscriber) so you don't have to re-enter that information each time you visit. The Help function on most browsers contains information on how to set your browser to notify you before accepting cookies or to disable cookies entirely. However, if you don't accept cookies, you won't be able to take advantage of various features on our Sites that are available to other visitors.

• Links to Third Party Websites

Links to third party web sites are provided solely as a convenience to you. If you use these links, you will leave the Site. OITA has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their privacy policies. Thus, OITA does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

6. INTERNATIONAL VISITORS

This section applies to those that visit our Site from the European Union.

Lawful Basis for Processing

On certain occasions, we process your personal information when it is necessary for the performance of a contract to which you are a party, such as to provide services to you that you have requested. We may also process your personal information to respond to your inquiries concerning our products and services.

On other occasions, we process your personal information where required by law. We may also process your personal information if necessary to protect your interests or the interests of a third party.

Additionally, we process your personal information when necessary to do so: (i) for direct marketing purposes, (ii) to provide you with content that may be of interest to you, (iii) to contact your references if you have applied for certification, and these interests are not overridden by your data protection rights. Where we process your personal information for these purposes, our legitimate interest is to carry out our activities in furtherance of the well-being of all our employees, users, certification holders and members.

If the processing of personal information is necessary and there is no statutory basis for such processing, we will ask for your consent to process your personal information. You have the right to withdraw your consent to processing of personal information at any time.

If you wish to exercise the right to withdraw consent, contact us using the contact information found in the “Contact” section below.

Transfers of Personal Information

Please be aware that the personal information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. If you are located outside of the United States, please be advised that we process and store personal information in the United States.

Your Rights

You have a right to the following:

• To request access to the personal information we hold about you;
• To request that we rectify or erase your personal information;
• To request that we restrict or block the processing of your personal information;
• Under certain circumstances, to receive personal information about you that we store and transmit to another without hindrance from us, including requesting that we provide your personal information directly to another, i.e., a right to data portability; and
• Where we previously obtained your consent, to withdraw consent to processing your personal information.

To exercise these rights, contact us or our privacy officer.  See the “Contact Us” section below.  Please be aware that OITA may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.

Additionally, you have the right to lodge a complaint against us.  To do so, contact the supervisory authority in your country of residence.

7. RETENTION OF INFORMATION

We will process and store your personal information only for the period necessary to achieve the purpose of the storage, or as permitted by law.  The criteria used to determine the period of storage of personal information is, for example, the respective statutory retention period.  After expiration of that period, the corresponding data is routinely deleted.

8. ENFORCEMENT CONTACT INFORMATION

If you have any questions or comments regarding our privacy practices, please contact OITA, in our role as data controller, at This email address is being protected from spambots. You need JavaScript enabled to view it. or Ohio IT Association at 1991 Crocker Road, Suite 105, Westlake, Ohio 44145. This is the number to the authorized privacy officer for OITA.  OITA is subject to the jurisdiction of the Federal Trade Commission.  Any disputes arising out of a breach of this policy will be submitted to and resolved by the privacy dispute resolution procedure set up by the Direct Marketing Association.

9. CHANGES TO THIS NOTICE

If there are updates to the terms of this Privacy Notice, we will post those changes and update the revision date listed on this document, so you will always know what information we collect online, how we use it, and what choices you have.  For material changes to this Policy, OITA will provide notification to affected customers.

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1.     SCOPE OF AGREEMENT

This Terms of Use Agreement ("Agreement") by and between the Ohio IT Association ("we", "us", "our" or "OITA") and you ("you", "your" or "User") governs your use of the www.ohioita.org web site ("Site") together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as the "Services").  By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement.  If you do not agree to this Agreement, do not access or use the Services in any manner.

When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services.  These terms and conditions, together with the other terms of use applicable to other OITA-owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.

OITA reserves the right to modify the terms of this Agreement at any time, and will post a notice of such changes.  The changes become effective immediately upon posting (the "Effective Date").  If any change to the Agreement is not acceptable to you, you must stop using the Services.  Your use of the Services after the Effective Date shall constitute your acceptance of such changes.  If we make any new products or services available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply.  You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

2.     DEFINITIONS

2.1.         The term "Collaborative Content" refers to User Content posted on or to the Interactive Services sections of the Site for the purposes of collaboration with other Users.

2.2.         The term "Interactive Services" refers to message boards, chat boards, blogs, virtual communities, and other interactive media made available by OITA available via the Site.

2.3.         The term "OITA Intellectual Property" refers to, all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same which are owned by OITA or licensed to OITA by third parties.  This includes but is not limited to OITA Content and OITA Trademarks.

2.4.         The term "OITA Trademark(s)" refers to all trademarks and service marks owned by OITA, as defined by 15 U.S.C. § 1127.

2.5.         The term "OITA" refers to Ohio IT Association.

2.6.         The term "OITA Content" refers to copyrighted content owned by OITA or other copyrighted content owned by third-party partners of OITA.

2.7.         The term "Services" refers to all information, content, products, materials and services made available to you by OITA and/or affiliated third parties via the Site

2.8.         The term "Site" refers to the website www.ohioita.org., which is owned and operated by Ohio IT Association.

2.9.         The term "User Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted on or to the Interactive Services sections of the Site by Users.

2.10.      The terms ''you'', "your" and/or ''user'' refer to any individuals and/or entities accessing the Site for any reason.

3.     OWNERSHIP AND USE OF OITA INTELLECTUAL PROPERTY

3.1.         Ownership and Use.  OITA Intellectual Property, which excludes the User Content you upload, post or otherwise transmit via Interactive Services (the "OITA Intellectual Property"), is owned by OITA or licensed to us by our third party partners.  OITA Intellectual Property does include, however, any content developed and/or posted via the Interactive Services that has been created in whole or in part by OITA.  You have no rights in or to such OITA Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any OITA Intellectual Property, except as specifically permitted under this Agreement.

3.2.         OITA Content.  As a courtesy to our customers and members, we have posted to the Site certain OITA Content.  Unless otherwise specifically set forth on the Site or we give you written permission, you may only access and download the OITA Content for your personal use, and you agree you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the OITA Content.  You may not do or allow anyone else to do anything with the OITA Content which is not specifically permitted under this Agreement.  You acknowledge and agree that the OITA Content is made available for informational and educational purposes only without representation or warranty of any kind and is not a substitute for legal advice or your professional judgment.  Your reliance upon OITA Content obtained by you on or through the Services is solely at your own risk.  All rights not expressly granted in this Agreement are reserved to OITA.

3.3.         Permission to Use OITA Content.  You may request permission to reproduce all or a portion of OITA Content owned by OITA via the Permissions section of the Site.  We reserve the sole discretion to determine whether, and upon what terms, OITA Content will be licensed.  Depending on the nature and scope of intended use licensing fees may apply.

3.4.         Trademarks: OITA Trademarks ("Marks") appearing on this site may not be used in any advertising or publicity, or otherwise to indicate OITA's sponsorship of or affiliation with any product or service, without OITA's prior express written permission.  You are prohibited from using OITA Marks or any names, marks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of OITA. You agree you will not alter any OITA Mark in any manner to make it appear that OITA is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by OITA.  Additionally, you agree to be bound by and to follow the terms of OITA’s Trademark Usage Guidelines, the entire contents of which are incorporated herein by reference and made a part of this Agreement.

4.     LINKS

4.1.         Links to Third Party Sites.  As a courtesy to Users, we may provide links to other websites or resources owned and operated by third parties.  Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources.  You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such site or resource.

4.2.         Linking to OITA. You may obtain permission to link to the Site by agreeing to adhere to the terms of the Linking Agreement.

5.     MESSAGE BOARDS, CHAT BOARDS, BLOGS, VIRTUAL COMMUNITIES and OTHER INTERACTIVE MEDIA ("INTERACTIVE SERVICES")

5.1.         In connection with your use of the Services, you may have access to and use of discussion groups, chat rooms, message boards, blogs, virtual communities, wikis and other collaborative websites, and other interactive functionality ("Interactive Services"). If you participate in or use any Interactive Services, you are responsible for User Content you upload, post, link to or otherwise transmit (collectively "transmit") and the consequences thereof.  If you choose to transmit any User Content using such Interactive Services, you agree that you own or have a license to post the User Content to the Site and do so solely for lawful purposes and in compliance with all applicable laws.  You expressly agree that we have no responsibility for or control over the User Content you may transmit using these Interactive Services.  Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the User Content posted, displayed, linked to or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Although we do not actively monitor, regulate or pre-screen your use of the Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any User Content we consider in our sole discretion to be harmful, offensive, disruptive, in violation of law, regulation or any agreement, including, without limitation, which is or may be in violation of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities.

Additionally, you agree to:

• not post, email, upload, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

• not impersonate any person or entity;

• not post, email, upload, transmit or otherwise make available any content that harms minors in any way;

• not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

• not post, email, upload, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• not post, email, upload, transmit or otherwise make available any content that infringes the intellectual property rights of any party;

• not post, email, upload, transmit or otherwise make available any content comprising any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;

• not post, email, upload, transmit or otherwise make available any content comprising any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;

• not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

• not intentionally or unintentionally violate any applicable local, state, national or international law;

• not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

• not "stalk" or otherwise harass any person;

• not collect or store personal data about other users; or,

• not advertise or solicit anyone to buy or sell products or to make donations of any kind absent prior written approval from OITA, as set forth in more detail in Section 6 below.

• not to make negative or disparaging references to OITA, its services or its members or otherwise compare OITA, its services or its members unfavorably to others.

5.2.         License to OITA.  You hereby grant to OITA a non-exclusive, worldwide, royalty-free, irrevocable perpetual license (with right to sublicense) to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content you submit via the Interactive Services by all means and in any media now known or hereafter developed, solely for the purposes for which such User Content was submitted.  OITA will not use this User Content for any purpose other than the purpose(s) for which it was submitted unless you agree to such use.  You retain ownership of User Content you submit and OITA does not obtain ownership in or to such User Content (or in the case of third-party owned User Content submitted by you with the owner's permission, the third party retains ownership).

5.3.         Use of Content Posted by Other Users.  Copyright in the User Content posted, with the exception of Collaborative Content, shall remain with the User or third party who has posted or consented to posting the User Content on the Site.  You have no rights in or to such User Content posted by other Users and you agree you will not copy, reproduce, publish, create derivative works based upon or otherwise retransmit any User Content without the express written permission of the owner of such User Content.

5.4.         Collaborative Content posted by Users for the purposes of collaboration may be modified, reproduced, distributed, transmitted or otherwise used by other Users and is not subject to the limitations on User Content listed in the paragraph above.  Such Collaborative Content shall be considered in the public domain and freely available to be used, distributed or modified by the other Users of the Site.  For the purposes of distinguishing User Content from Collaborative Content, any Collaborative Content shall be clearly marked as such and/or shall be submitted via areas of the Site facilitating User collaboration.

6.     COPYRIGHT COMPLIANCE AND COMPLAINTS

6.1.         OITA respects the intellectual property rights of others. OITA may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. You agree to abide by the terms of the Digital Millennium Copyright Act (DMCA) and refrain from the following: (a) circumventing OITA's access control measures to copyrighted works; (b) posting or otherwise offering circumvention technology through OITA's website or web services; (c) posting links or references to an online location that contains circumvention technology; or (d) engaging in other activities in violation of the DMCA.  OITA has the right to terminate the membership of any User found in violation of the DMCA or other provision of the copyright laws.

6.2.         In compliance with the DMCA's notice-and-takedown provision, OITA's policy for removing infringing content and terminating subscribers who are repeat offenders is as follows:

A copyright owner who believes his/her work has been used on the Site in any manner that constitutes copyright infringement must notify OITA’s designated agent by written notice.  The notice must include the following information: (a) the owner's name, address, telephone number, email address, and an electronic or physical signature; (b) a description and a copy of the work that is allegedly being infringed, or a website where the work may be found; (c) identification of the location of the infringing material on the Site; (d) a statement that the owner has a good faith belief that the use of the copyrighted material was not authorized by the owner or his/her authorized agent; and (e) a statement, under penalty of perjury, that the information in the notification is accurate and made by the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf. Upon receiving the proper notification, OITA will remove, or disable access to, the allegedly infringed material from the Site.

6.3.         OITA's copyright agent for notices of claims of copyright infringement can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it..

7.     COMPLIANCE WITH THE CAN-SPAM ACT

7.1.         The User agrees to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing the Site and contacting other users by email.  The User may not use the Site, including, but not limited to the Interactive Services, to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email, or engage in other activities in violation of the CAN-SPAM Act, such as, but not limited to: (a) harvesting email addresses from the Site; (b) falsifying or using misleading header information; or (c) using deceptive subject lines.  The User may not promote OITA's products or services through uninvited commercial emails without the express written consent of OITA.

7.2.         OITA will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from users' failure to adhere to the CAN-SPAM Act or any other applicable laws. The User agrees to indemnify, defend, and hold harmless OITA, its affiliates, officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees) arising from the User's activities in violation of the CAN-SPAM Act or any other applicable laws.  The terms of this Agreement will inure to the benefit of OITA's successors, assignees, and licensees.  The User covenants to cooperate fully in the defense of any claim.  However, OITA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of OITA.

8.     REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY

8.1.         In consideration of your use of the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant portions of the Site (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or OITA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OITA has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site, or any portion thereof.

8.2.         You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so.  We are not liable for any harm caused by or related to the theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your authorization to allow another person to access and use the Services using your User IDs/passwords.  You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns.

9.     OITA PURCHASES RETURNS & CANCELLATIONS

The terms and conditions governing purchases made via the OITA are as follows:

9.1.         Membership and Programs

Membership Fees cannot be cancelled nor are they refundable. Event and/or Program Fees cannot be cancelled nor are they refundable. However, in extreme and/or extenuating circumstances, at the sole discretion of OITA, if you have paid for an event or program but are unable to attend, OITA may issue you a credit to attend a future event or program.

9.2.         Products and Materials

If you are not completely satisfied with any product purchased from OITA, you may return materials in saleable condition within 15 days for a refund of the purchase price minus the shipping/handling charges. Instructions for returning products are included with every order.  Original shipping/handling charges are nonrefundable, and the customer is responsible for return shipping charges.  To receive a refund, you must enclose a copy of the packing slip from the original shipment with the returned product.

Return products with the appropriate paperwork to:

OITA RETURNS

Attn: Rose Hale

1991 Crocker Rd Suite 105.

Westlake, Ohio 44145

OITA will replace product items that were damaged during shipping. In addition, OITA will ship replacements if you were inadvertently sent the wrong products. Requests for replacements must be made within 15 days of your original order date. Please contact the OITA Service Desk to discuss the damage or error and the next steps.

10.  DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT ON THE SITE (INCLUDING BUT NOT LIMITED TO ALL OITA INTELLECTUAL PROPERTY, TEXT, MATERIALS, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  UNDER NO CIRCUMSTANCES WILL OITA BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE INTERACTIVE SERVICES. OITA DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY SITE LINKED TO THE SITE.  YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.  ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11.  LIMITATION OF LIABILITY AND RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OITA, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT OITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

12.  INDEMNITY

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs.  We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise.  No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.  We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

13.  RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS

OITA reserves the right to terminate, block or restrict your access to or use of the Site for any breach or violation of any term(s) of this Agreement.  In such event, we may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us.  You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services.  Termination is your sole right and exclusive remedy if you are not satisfied with the Services.  Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.

14.  GOVERNING LAW/JURISDICTION/DISPUTES

14.1.      This Agreement shall be governed in accordance with the laws of the state of Ohio. Additionally, you also agree that the UN Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement or any interpretation or disputes relating thereto.

14.2.      All disputes under this Agreement shall be resolved by litigation in the federal or state courts of the state of Ohio including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

15.  ASSIGNABILITY

This Agreement is personal to you, and you may not assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of OITA.

16.  WAIVER

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

17.  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 other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

18.  SURVIVAL OF TERMS

Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.

19.  LIMITATION ON ACTIONS

You agree that regardless of any applicable law providing for a statute of limitations to the contrary, any claim or cause of action arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be filed within one (1) year after the claim or cause of action arose, or will be forever barred.

20.  ENTIRE AGREEMENT

This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their agreement.  It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement.  This Agreement shall take precedence over any other documents which may conflict with this Agreement, including any terms/conditions posted by Users via the Interactive Services.

OITA Linking Agreement

Ohio IT Association encourages other associations, business organizations, and individuals interested in information technology to provide information links from their Internet websites to OITA’s website.

By linking to OITA’s web pages, you agree to the following terms:

1. Framing. You will not place OITA web pages in a “frame” within your own web site, without specific permission from OITA.

2. Proper Form of Link: All approved information links must include one of the following: the company names “Ohio IT Association,” the letters “OITA,” the OITA URL, or the OITA logo.

3. No Alteration or Misrepresentation. You will not use or alter any OITA logo or trademark in any manner to make it appear that OITA is endorsing, sponsoring or affiliated with you or your company, except as expressly permitted by OITA.

4. Proper Use of OITA Trademarks: You agree that all uses of OITA marks and copyrighted materials will conform in all respects to OITA’s Intellectual Property Proper Use Guidelines.

5. Protection of Marks. You are prohibited from using the OITA logo or names in a manner that is likely to cause confusion with, or dilute or damage the reputation or image of OITA, any of its affiliates, or any of their products. The OITA logo and/or names should not be displayed on your web site more prominently than your own marks or logos.

6. No Objectionable Content. You agree that no part of your web site will contain, or link to, content that may be interpreted as libelous, obscene or criminal, or which may infringe or violate any third party rights.

7. No Negative References. You agree not to make negative or disparaging references to OITA, its services or its members or otherwise compare OITA, its services or its members unfavorably to others.

8. You agree to indemnify, defend and hold OITA harmless from and against any and all third party claims or causes of action brought against OITA as a result of the rights granted hereunder, or in connection with any claim arising out of any breach by you of the foregoing representations and warranties, including, without limitation, attorneys’ fees and costs.

9. Right to Terminate. OITA may at any time, in its sole discretion, without notice, with or without cause, immediately terminate its consent to use the OITA logo and/or names and to link to the OITA Web Site. The consent granted to you hereunder shall terminate automatically if, at any time, you are in violation of this Linking Agreement. Upon OITA’s termination of its consent, you will immediately, following OITA’s request via email, remove all links and cease using the logo and/or names.

10. Non-Transferable. This agreement is not transferable. 

11. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the state of Ohio.

12. Amendment in Writing. This agreement cannot be altered or modified except by e-mail notice to you and/or by OITA changing its web site policy and giving notice of that change to the linking party. OITA reserves the right to amend its policy at any time.  Any continuation of the link after notice of the change will be deemed acceptance of the modification.

13. No permission to use OITA’s Logo to link to OITA's web site may be assumed. Your registration information will be verified by OITA and permission acknowledged by e-mail.

14. A grant to link only responds to a request to link and does not constitute an endorsement of the requestor's company name, domain name or e-mail address.

15. The ® symbol shall be used whenever the OITA Logo appears, and the following notice must be linked to, and identified with, the first appearance of the logo:

• If using the OITA Logo: The OITA logo is a mark of Ohio IT Association, registered in the United States and/or other nations.

• If using a OITA Mark: “OITA” and “Ohio IT Association” are registered marks of Ohio IT Association.