TERMS OF SERVICE
Effective as of May 1, 2017
IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND THE COGNITION GROUP, ("We" or "Company"). BEFORE ACCESSING OR USING ANY PART OF THE www.COGTEST.INFO WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this "TOS") AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS COMPANY WEB SITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE COMPANY WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this "Company Website"). Company IS WILLING TO ALLOW THE USE OF THIS COMPANY WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE COMPANY WEBSITE AND ARE INSTRUCTED TO EXIT THE COMPANY WEBSITE IMMEDIATELY.
Thank you for choosing Cogtest Online to become your health partner. By using Cogtest services, you agree that you will abide by these Terms & Conditions and are legally eligible to enter into the below agreement.
All the web pages and sub-domains at www.cogtest.info are owned by The Cognition Group and are governed by these Terms & Conditions. Hereafter, www.cogtest.info will be referred as 'the Site'; The Cognition Group as 'Company', 'us' and 'we'; you or any other service user as 'User', 'you' or 'Subscriber'; Terms & Conditions as 'T&C' under this agreement. Every part of the site comes under the Intellectual Property Rights of the Company and belongs only to the Company.
We may, from time to time and without notice, update or revise the T&C, and will notify the User through the Site. You can view the T&C through a link at the bottom of the Home Page. The continuous use of the Site, following the updates, will imply the continuity of the agreement and you will be bound by the updated/revised T&C. This is a legally binding agreement and if you do not understand this agreement or do not agree to be bound by it, you are advised to stop using the services of the Site.
Violation of any clause under this T&C will lead to the termination of your subscription and your account being blocked. You agree that we are not required to notify the account termination under such conditions.
The Company Website is provided by Company, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Company Website and any programs, services, tools, materials, or information made available through or from the Company Website conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or business purposes only the Company Website (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network. You may also load information from the Company Website into your laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials and information from the Company Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the Company Website on behalf of a Company or other form of entity, please note that such a Company or entity may have a separate agreement with Company regarding access and usage privileges for the Company Website, including, without limitation, a member services agreement with Company. Nevertheless, your personal use of the Company Website will be subject to the obligations and restrictions regarding use of the Company Website as set forth in this TOS.
The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through the Company Website in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Company Website. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Company Website or in any way reproduce or circumvent the navigational structure or presentation of the Company Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Company Website, (ii) attempt to gain unauthorized access to any portion or feature of the Company Website, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the Company Website or to any Company server or to any of the services offered on or through the Company Website, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Company Website or any network connected to the Company Website, nor breach the security or authentication measures on the Company Website or any network connected to the Company Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Company Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Company Website or Company's systems or networks or any systems or networks connected to the Company Website, (vi) use any device, software, or routine to interfere with the proper working of the Company Website or any transaction conducted on the Company Website, or with any other person's use of the Company Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Company on or through the Company Website, (viii) use the Company Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Company Website (or any part thereof) without Company express, separate, and prior written permission, or (x) use the Company Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company.
All the content, including (but not limited to) text, graphics, games, applications, articles, illustrations and audio/video clips (hereafter referred to as 'Content') are the intellectual property of the Company and hence will be protected by copyright and/or trademark, pursuant to U.S. laws, international conventions, and other laws. You shall not modify, publish, transmit, transfer or sell (or participate in any such activity), reproduce, distribute, perform, display, or in any way exploit, any of the Content, application, materials, or Services in whole or in part.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site. You may access the Content and other items displayed on the Site for personal use only. Downloading, copying or storing of any content is prohibited without prior written permission from the Company, or from such other copyright holder as may be identified in such Content's copyright notice.
Use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party.
All applications are the Company's intellectual property and constitute the programming which may be considered a trade secret. Hacking or cracking any of the application will be considered a violation of IPR and you agree not to be involved in any such attempt or activity.
During the registration process, you are required to provide the Company with complete and accurate information. Failure to do so shall imply a breach of T&C, resulting in termination of your account with the Site. By completing the registration process, you officially become a User of Cogtest and hence agree to abide by the T&C. User shall be solely responsible for maintaining the confidentiality of passwords to User's Account(s).
User is solely responsible for all activity on User Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s), including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is/are subject to termination if you or anyone using your Account(s) violates the T&C.
CONSENT TO RECEIVE MAIL.
Once Registered, User consents to receive periodic newsletters and other email communications from the Company regarding such matters, as customer service issues, new product offers and any other matters as the Company deems relevant. User has the right to opt out of certain newsletter and email correspondence; however, the Company reserves the right to email User at any time regarding issues related to User's account and use of the Site and Service.
In consideration of your agreement to abide by the T&C, the Company hereby grants you a personal, non-exclusive, non-sub-licensable, non-transferable, revocable license to access and use the Site and related Content, subject to said T&C and any other such conditions as may be set forth on the Site.
SUBSCRIPTIONS, PAYMENTS & MEMBERSHIPS.
Subscriber needs to pay all applicable fees, as detailed on the Site, for the Services selected by Subscriber. The Company reserves the right to change its subscription fee and to incorporate any new charges, at any point of time, upon fifteen (15) days prior notice to Subscriber, which may be sent by email or posted on the Site.
Following such update, the use of services by the Subscriber will be considered as acceptance to the revised charge or other charges. If you disagree with the changes or the changes are unacceptable to you, you can cancel subscription to your account, at any point of time, by clicking on subscription. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription
All payments will be routed through SSL encryption and the Company will not store any data related to User's Credit Card. For all applicable fees and charges incurred, User is responsible, along with applicable taxes and all subscriptions made by you or by anyone that has used your Account(s), including your family or friends.
ACCESS TO SERVICES.
Subject to the T&C, the Company may offer to provide certain Services as are selected by Subscriber through the process provided on the Site. These services are solely for Subscriber's own personal use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services the Company performs for Subscriber, as well as the offering of any content on the Site. The Company may change, suspend or discontinue said Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber's access to parts, or all, of the Services without notice or liability.
Subscriber certifies to the company that, if subscriber is an individual (i.e., not an entity), said subscriber is at least 13 years of age. Subscriber also certifies that if Subscriber is an entity, all users of Subscriber's username and password are at least 13 years of age. Likewise, if Subscriber is an entity, you certify that you are authorized to establish an Account(s), access, and use the Site and enter into and pay for any subscriptions on behalf of the Subscriber. You also certify that you are legally permitted to use the Services and access the Site and take full responsibility for the selection and use of the Services and access to the Site. The T&C are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Subscriber shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.
DELIVERY OF INFORMATION.
When using and/or to facilitate the operation of certain features of the Company Website, you may provide Company with additional content or information (a "Posting"). In connection with delivering and providing to Company any such Posting, you hereby and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Company Website and Company's service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Company with reasonable proof thereof (if requested)) required for Company to use such content or information in connection with Company's services and the Company Website. Notwithstanding the foregoing, you acknowledge and agree that Company shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the Company Website in a timely or accurate manner. Moreover, Company assumes no responsibility for the deletion of or failure to store any content or information.
TERMINATION & REFUND POLICY.
You may terminate certain of the Services at any time through the 'Your Account' section. The Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable. After termination, User's right to access the Site and its Content will immediately cease.
Upon termination of the Subscriber's Account(s), Subscriber's right to use the Services, access the Site, and any Content as provided in the T&C will immediately cease. All provisions of the T&C which, by their nature should survive termination shall survive termination; including, without limitation, ownership provisions, warranty disclaimers, indemnity, medical disclaimer, limitations of liability and miscellaneous.
OTHER WEB LINKS.
The Site may contain links to various Websites and portals unrelated the Cognition Group. The Company does not endorse any of these Websites or portals and is not responsible for them. The Company shall not be liable for the reliability or accuracy of any associated link nor for any service associated with third party sites. The subscriber agrees that the Company shall not be liable for any loss or damage of any sort associated with the use of third party content.
Subscriber is solely responsible for all their activity in connection with the Services and accessing the Site. Any fraudulent, abusive, illegal or otherwise inappropriate activities are grounds for termination of Subscriber's right to Services or to access the Site.
To the maximum extent permitted by law, the Company and its parents, subsidiaries, affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding the Site; including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. User agrees that use of the Site and Services are at his/her/its own sole risk and that the Services, Content, Site and any software are provided on an 'as is' basis, without warranties of any kind, either express or implied. The Company maintains the Site on a commercially reasonable basis and does not guarantee that you will have access to the Site. The information and Services may contain bugs, errors, problems or other limitations. You agree that your use of the Site and Services is at your sole risk. You will not hold the Company responsible for any damage that results from your access to or use of (or loss of access to or loss of use of) the Site, including, without limitation, any damage to any of your computers or data.
You expressly acknowledge that you have no right, based in property or otherwise, to any data created through or generated by your access to or use of the Site and/or Services. You acknowledge there is a risk of data loss, including catastrophic disk failure which could result in a loss of all data. you agree that you will not hold the Company responsible for any damage that results from such loss.
LIMITATIONS OF LIABILITY.
You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. Moreover, in no event shall Company be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Company website, with the delay or inability to use the Company website, or for any information, services, programs, products, and materials available through the Company website, whether based in contract, tort, strict liability, or otherwise, even if Company has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. Notwithstanding the foregoing, total liability of Company for any reason whatsoever related to use of the Company website shall not exceed the total amount paid by you to Company in connection with the subject matter of the particular dispute during the prior three months. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between the Company and you. You understand that the site and services would not be provided without such limitations
You acknowledge and agree that it would be difficult to ascertain the exact amount of damages that the Company would suffer as a result of the theft of Content, especially if stolen Content is exploited for commercial use on a website or any other digital medium. Therefore, you agree that, in the event you steal, copy without authorization or otherwise misappropriate Content, the Company is entitled to recover from you liquidated damages in the amount of five thousand ($5,000.00) dollars per graphic or image, and twenty thousand ($20,000.00) dollars per test, game or application that is stolen, copied without authorization or otherwise misappropriated. You agree that this amount represents a reasonable, minimal, estimate of the damage that the Company would suffer but does not in any way limit actual damages, if so pursued. Any action by the Company to enforce this section shall not be deemed a waiver of the Company's right to pursue, at the Company's sole discretion, any and all other remedies available to it under this agreement or by law.
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by you would cause irreparable injury to the Company and would therefore entitle the Company to injunctive relief without any additional showing of irreparable injury or harm.
The Company's products and services and other Content available on the Site are not an attempt to practice medicine or provide specific medical advice. Use of this site does not establish a doctor-patient relationship. Any health information and links on the Site, whether provided by the Company or by contract from outside providers, is provided simply for your convenience. Additionally, the Site may contain links to external websites. Please consult with your physician.
USE OF THE BLOG.
By posting a message, uploading a file, or engaging in any other form of communication via the blog or the Site, you are granting the Company a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell any such plan, opportunity, messages, files or communications. You additionally agree to abide by the following rules in connection with your use of the blog area of the Site:
- Not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Not to impersonate any person or entity, including, for example, a Company employee or officer, a Site leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others.
- Not to upload files, or cause Subscribers to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer.
- Not to conduct contests, distribute chain letters, or conduct 'pyramid schemes' or 'multi-level marketing schemes'.
- Not to violate any applicable local, state, national or international law in connection with your use of the blog area.
If you suspect that anyone is violating the above rules, you should report your concerns to Cogtest, immediately.
Without limitation to other prohibited uses specified elsewhere in this Agreement, you are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:
- a. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access
- b. Attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization
- c. Interfering or attempting to interfere with Service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, 'flooding', 'spamming', 'mail bombing', or 'crashing'
- d. Using the Site or Services to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services
- e. Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services
- f. Attempting to modify. Reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form. Any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to significant civil and/or criminal liability.