Terms of Service
Please read carefully before signing up for this service:
Cognitier, Inc. (Cognitier) maintains the “HomeWeb” service (“service”). This webpage contains the Terms of Service governing your access to and use of the service. If you do not accept these Terms of Service or you do not meet or comply with their provisions, you may not use the service.
1. Overview
YOUR USE OF THIS SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF SERVICE. IF THESE TERMS OF SERVICE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE.
2. Changes To Terms
Cognitier may, at any time, for any reason and without notice, make changes to the service. Each time you access the service, you need to review the Terms of Service upon which access and use of this service is conditioned. By your continuing use of the service after changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The service is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) aspects of the service run contrary to local laws or regulations. If this applies to you, you are not authorized to use the service. Cognitier makes no representation that the service is appropriate outside of the United States. Those who choose to access this service from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and Data Transmissions
In your use of the service, you may not store, modify, reproduce, transmit, or reverse engineer the software employed by Cognitier to enable the service.
In using the service, you are enabling your computer to respond to requests originating from the public internet. Data transmissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact when using the service. Also, please consult our Privacy Policy <http://www.cognitier.com/Privacy-Policy_ep_2-1.html>. You agree not to submit or transmit any content through the service that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission, (iv) pertain to pornography or gambling or (v) otherwise violate any applicable laws. Cognitier shall not be subject to any obligations of confidentiality regarding any information or materials that you transmit except as specified in these Terms of Service, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the service or accompanying website without the prior written consent of Cognitier is strictly prohibited.
5. Copyrights and Trademarks
The code for the software which supports the service is copyrighted and is protected by United States and international copyright laws and treaty provisions. No right, title or interest in the software or service is transferred to you as a result of using the software or service. You may not copy, modify, distribute, transmit, reproduce, publish, license any part of the software or service without the prior written permission of Cognitier.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or operate this service without the prior written permission of Cognitier.
Cognitier respects the intellectual property rights of others and expects our users to do the same. The policy of Cognitier is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@cognitier.com.
6. No Unlawful Or Prohibited Use
As a condition of your use of the service, you warrant to Cognitier that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the service in any manner that could damage, disable, overburden, or impair the service or interfere with any other party's use and enjoyment of the service or accompanying website. You may not obtain or attempt to obtain any information through any means not intentionally made available or provided for through the service.
7. Spamming
Gathering email addresses from Cognitier through harvesting or automated means is prohibited. Transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation by means of this service is prohibited. Inquiries regarding a commercial relationship with Cognitier should be directed to sales@cognitier.com.
8. No Warranties
THE SERVICE, AND ANY ASSOCIATED SOFTWARE AND OTHER CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH COGNITIER EXPRESSLY DISCLAIMS. COGNITIER MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICE AND ASSOCIATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SERVICE AND USING THE SOFTWARE, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT THE CONTENTS OF YOUR COMPUTER ARE NOT UNINTENTIONALLY EXPOSED TO UNAUTHORIZED USERS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY COGNITIER. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. Governing Law, Location and Miscellaneous
These Terms of Service shall be governed in all respects by the laws of the State of Texas USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Service, the Terms of Service will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
10. Separate Agreements
You may have other agreements with Cognitier. Those agreements are separate and in addition to these Terms of Service. These Terms of Service do not modify, revise or amend the terms of any other agreements you may have with Cognitier.
11. DMCA Copyright Policy and Copyright Agent
Cognitier respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site's Copyright Agent can be reached at sales@cognitier.com.
12. U.S. Resident And Not A Minor
You represent that you are a United States resident over the age of 18 years.
13. User Submissions And Communications; Public Areas:
You acknowledge that you own, are solely responsible or otherwise control all of the rights to the data content that you transmit, and that the content does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify Cognitier or its affiliates for all claims resulting from content you transmit.
If you submit any business information, idea, concept or invention to Cognitier by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Cognitier a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Cognitier may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to Cognitier by email. We try to answer every email in a timely manner, but are not always able to do so.
Cognitier hosts a discussion forum in support of the service and associated software. The forum is not necessarily undergoing moderation or review. Accordingly, users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the website reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Cognitier has full discretion to delete messages. Users are encouraged to read the specific forum rules before participating in the forum.
Cognitier reserves the right (but is not obligated) to do any or all of the following:
(a) Record the dialogue in the discussion forum.
(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Service.
(d) Terminate a Member's access to any or all Public Areas and/or the Cognitier Site upon any breach of these Terms of Service.
(e) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the Cognitier Site, regardless of whether such communication(s) violate these standards.
Cognitier reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Cognitier has no liability or responsibility to users of the Cognitier website or any other person or entity for performance or nonperformance of the aforementioned activities.
14. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Cognitier confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Service or this service and associated software shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Texas, USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
15. Limitation of Liability
YOUR USE OF THE SERVICE AND ASSOCIATED SOFTWARE IS AT YOUR OWN RISK. COGNITIER SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE SERVICE OR SOFTWARE (EVEN IF COGNITIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY COGNITIER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
16. Indemnity
You agree to defend, indemnify, and hold Cognitier, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service.
17. Accounts And Security
Cognitier does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Cognitier with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account.
You may not:
(a) select or use a Login Name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a Login Name that Cognitier, in its sole discretion, deems inappropriate or offensive.
You shall notify Cognitier of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Cognitier's sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional information regarding these Terms of Service, please contact us at sales@cognitier.com. |
