Your use of the website and the serives is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
You agree to incorporate Cognalys’s policies into your own products and policies and ensure that your customers also follow our policies
Updates to Terms of Service; Integration. We may, modify the Terms of Service with or without a notice to you. Continuing to access and use the Website or the services after the Terms of Service are modified, you agree to such modifications. Therefore, you should review the Terms of Service regularly to avoid termination.
Intellectual Property. You acknowledge that all materials at the Website and the services, including the Website’s and the services design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Cognalys and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Cognalys authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Cognalys or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. In addition, all page headers, custom graphics, button icons and scripts are the property of Cognalys and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Cognalys.
You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Website or the services for any purpose whatsoever.
You may write a software application or website (an “App”) that interfaces with our services, and hereby acknowledge that we may change, deprecate or republish our services (including any APIs) or feature of the our services from time to time, and that it is your responsibility to ensure that requests you make to or via our services are compatible with then-current Cognalys services. We will attempt to inform you of any changes with reasonable notice so that you can adjust your App, but we are under no obligation to do so. In any event, Customer will not offer the Cognalys Services on a standalone basis.
You may use the Cognalys Cloud to execute Apps lawfully obtained by you, and you are solely responsible for such Apps, including any data, text, images or content contained therein. You are personally responsible for all traffic originating from your Apps or using your account details to the Cognalys services. Therefore, you should protect your authentication keys and security credentials. Any action taken with your credentials are deemed to be actions taken by you, with all consequences including service termination, civil and criminal penalties.
Your use of the Website and the Cognalys Cloud is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through these Terms of Service. Cognalys retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of these Terms of Service, the license shall also terminate and all rights shall revert to Cognalys without the taking of action on the part of either party. All rights not expressly granted herein by Cognalys to you are fully reserved by Cognalys and licensors.
Subject to your acceptance of and compliance with these Terms of Service, and payment if and as required for your right to use the Website and/or the services, we hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of these Terms of Service in and under our intellectual property rights in the Website and the services, only to use the solely in connection with and as necessary for your use of the Cognalys services, solely in accordance with these Terms and Conditions.
Term. The term (“Term”) of these Terms of Service will commence your acceptance of these Terms of Service and will remain in effect until terminated by you or Cognalys. You may terminate these Terms of Service for any reason or no reason at all. We may suspend your right and license to use any or all Services or terminate these Terms of Service in its entirety for any reason or for no reason, at our discretion by providing thirty (15) days advance notice. If Cognalys determines that providing advance notice would negatively impact Cognalys’s ability to provide Services, Cognalys may suspend your right and license to use any or all Services or terminate these Terms of Service without notice.
Cognalys may suspend your right and license to use the Service or terminate these Terms of Service for cause effective as set forth below:
Immediately upon our notice to you if (i) you violate any provision of these Terms of Service or we have reason to believe that you have violated these Terms of Service, (ii) there is an unusual spike or increase in your use of the Services for which there is reason to believe such traffic or use is fraudulent and/or negatively impacting the operating capability of the Service; (iii) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iv) you become the subject of a voluntary or involuntary bankruptcy or similar proceeding, or make an assignment for the benefit of creditors
Immediately and without notice: if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism.
Upon our suspension of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by you; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the Services shall be terminated during the period of the suspension.
Upon termination of these Terms of Service for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; and (ii) all of your rights under these Terms of Service shall immediately terminate.
Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property,” “Fees,” “Content,” “Representations and Warranties,” “Disclaimers and Limitations of Liability,” “Indemnification,” “Applicable Law and Jurisdiction” and “Use of the Cognalys services” sections of these Terms of Service.
Except as otherwise expressly stated in these Terms of Service, you agree that Cognalys shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website or the Cognalys services
Downtime; Security. Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to or shut down all of the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any of the Services; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, may create a risk to the Services, to you or to any of our other customers if the Services were not suspended; or (c) in the event that we determine that any of the Services is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”) including and not limited to attempting additional calls per second than allowed or spamming end users in a prohibited manner. Cognalys shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you notice of any Service Suspension and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your content associated with your account. Cognalys will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content.
Fees. Free Services are limited to one per person, and if we find that you have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations. Free Services come with the amount of services set forth here. We may provide notice to you of reaching 80% of the amount of services offered under our free plan, but may shut off your account without notice upon reaching the maximum amount of services under the free plan. The services listed under the free service may change time to time according to the cognalys management decisions.
To the extent the Services are made available for a fee, you agree to pay all applicable fees. Our current fee schedule for our priced plans is set forth here: http://Cognalys.com/pricing. Cognalys reserves the right to increase or add new fees to any of its Services without advance notice. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information to us as reasonably required to determine whether we are obligated to collect VAT from you. You are responsible for any charges imposed on Cognalys by a carrier related to government fees for telecommunications, including but not limited to, Universal Service Fund fees, if applicable.
We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by you under these Terms of Service will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, You shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, You shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.
If you have any dispute with regards to fees associated with your account, please contact us at [email protected] within 30 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to your account, but in no event shall there be any cash refunds. Disputes older than 30 days shall not be entitled to any refunds or credits.
Third Party Sites. Links at the Website or via the Cognalys services to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website and potentially the Cognalys services. Cognalys does not control or endorse any such third party websites. You agree that the Cognalys Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website or the Cognalys services, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Cognalys expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
Use of Cognalys services. You may be required to establish an account at this Website in order to take advantage of certain features of this Website or the Cognalys services. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website or the Cognalys service; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Cognalys has reasonable grounds to suspect that such information is false, inaccurate or outdated, Cognalys has the right to suspend or terminate your account and prohibit any and all current or future use of the Website and Cognalys services (or any portion thereof) by you.
Upon using Cognalys services, you hereby grant us permission to use your trade names, trademarks, service marks, logos, domain names and the like, for the purpose of promoting and / or advertising your use of Cognalys services. In addition, Cognalys may request testimonials and create case studies, for the purpose of joint marketing and public relations efforts that will be published on our website and shared with current and potential customers.
You may be prompted to create a username and password to use certain features of the Website or participate in the Cognalys services. If so, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another member’s account, nor allow others to use your account for any reason. You agree to: (a) immediately notify Cognalys of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website or via the Cognalys service, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Cognalys. The Cognalys Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to use the Website and Cognalys service only for lawful purposes and that you are responsible for your use of and communications and content you post via the Cognalys service. You agree not to use the Services to offer any hardware or hardware/software combination of services for any unlawful purposes. You agree not to post on or transmit through this Website or the Cognalys service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website or Cognalys service in any manner that interferes with its normal operation or with any other user’s use.
You may not do any of the following while accessing or using our services: (i) access, tamper with, or use non-public areas of the Cognalys services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Cognalys services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Cognalys services or Website, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Cognalys services or Website.
Additionally, the following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behavior while using the Website or the services.
Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Cognalys, to any user of our Services, or to any of our or their respective customers. * Testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade filtering capabilities. * Using the Services in any manner that may subject Cognalys or any third party to liability, damages or danger. * Using the Services in any manner that violates any applicable third party policies or requirements that Cognalys has communicated to the customer. * Using the Services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards. * Engaging in fraud with respect to your account, including using any caller ID functionality of the Services to misrepresent the identity of a caller. * Using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites. * Using any of the Cognalys Properties or Cognalys Marks other than as expressly permitted. * Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act. * Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes.
Promoting or engaging in illegal activities. * Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age. *Using for Harvesting or otherwise collecting information about others without their express consent.
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using Your account. * Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software. * Interfering with or disrupting networks connected to the Services or violating the regulations, policies or procedures of such networks. * Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephony network. * Using the Services, or a component of the Services, in a manner not authorized by Cognalys.
You further agree that you will not access this Website or the Cognalys service by any means except through the interface provided by Cognalys for access to the Website and the Cognalys service, and that you will follow all carrier guidelines. Creating or maintaining any link from another website to any page at the Website without the prior authorization of Cognalys is prohibited. Running or displaying this Website, the Cognalys service, or any information or material displayed at the Website in frames or through similar means on another website or application without the prior authorization of Cognalys is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
Cognalys makes no representation that Materials contained at the Website or products or services described or offered at the Website or the Cognalys service are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Website or the Cognalys services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website or the Cognalys service from any territory where its contents are illegal, and that you, and not the Cognalys Parties, are responsible for compliance with applicable local laws.
Content. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all Content accessed by you using the Website and/or the Cognalys service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You retain your rights to any Content you submit, post or display on or through the Cognalys service.
For purposes of these Terms of Service, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Website or using the Cognalys service.
Representations and Warranties. You represent and warrant that you will not use the Services or your App in a manner that violates these Terms of Service.
You represent and warrant: (i) that You are solely responsible for the development, operation, and maintenance of your App and Content, including without limitation, the accuracy, appropriateness and completeness of your Content; (ii) that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your App and your Content; (iii) that neither your App nor Content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) that neither your App nor Content contains any harmful components; and (v) that Cognalys is not responsible to you for indemnification or directly to any of your customers or clients if you offer services (including your App(s)) based on the Cognalys Cloud. You also represent and warrant that you are responsible for any charges incurred by your use of the App, no matter whether the App acted in error.
You understand and agree that Cognalys may regularly need to change the telephone number(s) used or cognalys services. You agree that Cognalys will not be liable for damages (including consequential or special damages) arising out of any such change in the telephone number(s) as we are not assigning any particular numbers to any of our users.
You represent and warrant that you have read and understood these Terms of Service, and you agree to abide by their terms, where applicable, including as incorporated by reference herein. You further agree to abide by all applicable local, state, national, foreign and international laws and regulations and that you will be solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.
You represent and warrant that without Cognalys’s express written consent you will not use, and will not authorize any third party to use, any Public Software (as defined below) in connection with the Services in any manner that requires, pursuant to the license applicable to such Public Software, that any of the Services be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients. “Public Software” means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation or other material that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, but not limited to software, documentation or other material licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU’s General Public License (GPL), Lesser/Library GPL (LGPL), or Free Documentation License, (ii) The Artistic License (e.g., PERL), (iii) the Mozilla Public License, (iv) the Netscape Public License, (v) the Sun Community Source License (SCSL), (vi) the Sun Industry Standards License (SISL), (vii) the BSD License and (viii) the Apache License.
Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE AND THE COGNALYS SERVICE IS AT YOUR SOLE RISK. THE WEBSITE, THE COGNALYS SERVICE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, COGNALYS, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COGNALYS PARTIES”), EXPRESSLY DISCLAIM 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COGNALYS PARTIES MAKE NO WARRANTY THAT: (I) THE WEBSITE OR COGNALYS SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE AND COGNALYS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE OR COGNALYS SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE WEBSITE OR COGNALYS SERVICE WILL BE CORRECTED.
THE COGNALYS PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR COGNALYS CLOUD, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE, THE COGNALYS SERVICES OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COGNALYS AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE WEBSITE AND THE COGNALYS SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COGNALYS PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM COGNALYS VIA THIS WEBSITE OR THE COGNALYS SERVICES.
Indemnification. You agree to indemnify, defend and hold harmless the Cognalys Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Website or Cognalys services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website or the Cognalys services, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Website or the Cognalys services. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
Applicable Law and Jurisdiction. Your use of the Website and the Cognalys services is governed by and will be enforced under the laws of the State of Wyoming without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of USA. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
YOU AND COGNALYS BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. THERE’S NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THESE TERMS OF SERVICE, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD THEM TOO. YOU AND COGNALYS ALSO BOTH AGREE THAT:
THE FEDERAL ARBITRATION ACT APPLIES TO THESE TERMS OF SERVICE. ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OF SERVICE OR FROM ANY SERVICES YOU RECEIVE FROM US WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
THESE TERMS OF SERVICE DOESN’T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THESE TERMS OF SERVICE.
IF EITHER YOU OR COGNALYS INTENDS TO SEEK ARBITRATION UNDER THESE TERMS OF SERVICE, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO COGNALYS SHOULD BE SENT AS REQUIRED BY THESE TERMS OF SERVICE. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND COGNALYS ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed.
Information describing where the allegedly infringing material is located on the Website.
Your address, telephone number, and email address.
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
The foregoing information may be emailed to [email protected] or mailed to our Copyright Agent at the following address:
Copyright Agent – Cognalys Inc.
340 S Lemon Ave. #5959
Walnut, CA 91789
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member.
Miscellaneous. These Terms of Service constitute the entire and only Terms of Service between Cognalys and each user of the Website or the Cognalys services with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Cognalys Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service.
Customer Service. If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may email us at [email protected].