Competence and authorization: By accessing or using the Website or Services, you represent that you are competent to enter into a contract and, if using the Website or Services on behalf of any other entity, that you have been duly authorized by such entity to use the Website and Services.
Information and Services: All information that is made available by us on the Website is intended to provide you with a brief background of our company and the Services we offer, and we endeavor to ensure the accuracy of such information. However, by accessing or using the Website or Services, you acknowledge that Cogitate shall not be liable for any inadvertent inaccuracy or omission in the information provided on the Website or in relation to the Services.
Cogitate reserves the right to restrict access to certain information and/or Services on the Website and/or to make such access subject to payment.
Change of Terms: We reserve the right, at our sole discretion, to update or revise these Terms at any time without further notice. If we update or revise these Terms, we will post the updated Terms at this location and will indicate at the bottom of this page the date the Terms were last updated. Any changes shall be effective immediately upon posting on the Website. Your continued use of the Website or Services following the posting of any changes to these Terms constitutes acceptance of such changes. While we will endeavour to bring any such changes to your attention, it is your responsibility to regularly check these Terms for changes and to review those changes. If you do not agree with such revised or updated Terms, you are required to stop accessing and/or using the Website and Services.
Payments: We may offer you the ability to make payments for services on or through the Website or Services. By choosing to make such a payment, you agree to all restrictions, terms and conditions associated with such form of payment. Your use of a credit or debit card is governed by your credit or debit card issuer agreement and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You are solely responsible for the payment of any unauthorized amounts billed to your credit or debit card by a third party and we do not bear any responsibility towards such payment.By making a payment for any service availed on or through the Website or Services, you agree to pay all fees and charges incurred in connection with your payments (including any applicable taxes) at the rates in effect when the charges were incurred. If we do not receive payment from your credit or debit card issuer or its agent, you agree to pay all amounts due upon demand by us. You are responsible for paying any governmental taxes imposed on your payments, including, but not limited to, sales and use taxes, service charges and any other fees or cess.
Transaction of business: By using this Website for any particular activity, you consent to do business with us electronically for that particular activity. As an illustrative and non-exhaustive example, it may be possible for you to submit an insurance claim or pay for your insurance on or through the Website. If you do so, you have irrevocably elected to transact business with us electronically for that activity. Transacting business electronically does not require you to transact business with us electronically in the future unless you expressly agree to do so. For example, providing insurance claim information or paying for insurance using the Website does not prevent you from contacting us about the claim through other means or paying future insurance premiums by check. By providing us with information, including, but not limited to, insurance claim information and credit card and/or debit card information, you represent that such information accurate, truthful and complete.
You may choose to transact business with us using paper documents rather than electronically through the Website and/or the Services. If you choose to do so, you may contact us at firstname.lastname@example.org instead of through the Website.
Your Conduct and Restrictions on Use of the Website and Services
You acknowledge and understand that the Website and Services may display or make available information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), which has been uploaded, posted, emailed, transmitted or otherwise made available by third parties. All such content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. We do not control Content originating from third parties, and as such do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we 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, emailed, transmitted or otherwise made available via the Website or Services by you or by any third party. You are solely responsible for any Content that you upload, post, email, transmit or otherwise make available via the Website or Services.
You hereby agree that you shall not use the Website or Services to do any of the following:
carry out an activity that is unlawful or carry out any activity in a manner that is unlawful;
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, trade secrets, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
upload, post, email, transmit or otherwise make available 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;
interfere with or disrupt the Website or Services or servers or networks connected to the Website and Services or misuse the Website or Services in any manner whatsoever;
copy, modify, distribute, lease, sell, or attempt to reverse engineer or extract any part of Cogitate's software or source code without our express permission or authorization under applicable law;
intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
“stalk” or otherwise harass another person; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
Intellectual Property and Proprietary Rights
You agree that the intellectual property rights, including but not limited to trademarks, patents, copyright and trade secrets pertaining to any part of the Website and Services belong exclusively to us, other than content that is owned by third parties. These rights include but are not limited to rights in all trademarks, trade names, service marks, other logos and brand features, product and service names displayed on the Website or Services, as well as all software code, graphical elements and any other proprietary information. You shall not in any manner display, use, copy, reproduce, store, modify, transmit, distribute or otherwise infringe any of our intellectual property without our express permission in writing.
You acknowledge and agree that the Website and Services and certain software used in connection with the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content of third parties on the Website is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Website, Services, third-party Content or Software, whether wholly or in part.
You agree that your access or use of the Website or Services shall not amount to the grant of any license to use in any manner our intellectual property or other proprietary information.
You understand that the Website, Services and software embodied within the Website or Services may include security components that permit digital materials to be protected. You may not attempt to override or circumvent any of the usage rules embedded into the Website or Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.
Cogitate respects the intellectual property rights of other entities. Accordingly, if you believe that any material on the Website infringes any intellectual property that you own or control, please send a written notification of such claim to:
Cogitate Technology Solutions, Inc.
1904 Leland Drive, SE
Marietta, GA 30067-6102
No communication regarding infringement of your intellectual property rights shall be deemed to have been effectively made unless made in the manner described above.
Content Submitted or Made Available by You
We do not claim ownership of Content you submit to or make available for inclusion on the Website or provide in connection with the Services. However, with respect to such Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, sub-licensable and non-exclusive license to use, distribute, reproduce, modify, create derivative works of, adapt, communicate to the public, publicly perform and publicly display such Content, whether on the Website or in connection with the Services or otherwise. You waive all claims against Cogitate in respect of the use by Cogitate of any such Content provided by you.
You acknowledge that while we may or may not pre-screen Content, we and any person or entity that we so designate shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any Content that is made available via the Website or Services. Without limiting the foregoing, we shall have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, SERVICES AND ASSOCIATED SOFTWARE IS AT YOUR OWN RISK. COGITATE PROVIDES THE WEBSITE, SERVICES AND ANY ASSOCIATED SOFTWARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COGITATE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, CONDITION, AVAILABILITY, RELIABILITY, CONTINUITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Cogitate and its subsidiaries, affiliates, officers, employees, consultants, agents, partners and licensors make no warranty that: (i) the Website, Services or associated software will meet your requirements; (ii) access to the Website, Services or associated software will be uninterrupted, timely, secure or error-free; (iii) results obtained from use of the Website or Services will be accurate or reliable; (iv) the quality of any content, products, services, information or other material purchased or obtained by you through the Website or Services will meet your expectations; or (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Website or Services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from us or through or from the Website or Services shall create any warranty not expressly stated in these terms
Limitation of Liability and Indemnity
You expressly understand and agree that Cogitate and its subsidiaries, affiliates, officers, employees, consultants, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Website or Services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the Website or Services.
Some of the above limitations may not apply to you if you are in a jurisdiction that does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
You agree to indemnify and hold harmless Cogitate and its subsidiaries, affiliates, officers, agents, employees, consultants, partners and licensors harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Website or the use of the Services, your violation of these Terms, or your violation of any rights of any other person or entity.
You agree that Cogitate shall not be held liable for any unavailability, delay or deficiency of the Website or Services that results, whether directly or indirectly, from events that could not reasonably have been anticipated or controlled by Cogitate. Such events include but are not limited to, acts of God, floods, earthquakes, storms, fires, explosions, lightning strikes, power failures, diseases, epidemics, pandemics, failure of telecommunication or internet services, acts of Government, and orders of any court or authority of competent jurisdiction.
We may, without prior notice, immediately terminate, limit your access to, or suspend your access to the Website and access to or use of the Services for any reason or for no reason. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Website or Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) non-payment of any fees or other monetary liability owed by you in connection with the Website or Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your access to the Website or Services.
Notices and Communication
Any communication with respect to these Terms may be sent to:
Cogitate Technology Solutions, Inc.
1904 Leland Drive, SE
Marietta, GA 30067-6102
Any communication sent by Cogitate to you shall be deemed to have been effectively sent if it has been sent via any one of the following: email, electronic notice via the Website or Services, courier, post, fax, or personal delivery. The contact information provided by you in relation to your use of the Website and/or Services, if any, shall be the correct contact information for any such communication.
Governing Law and Dispute Resolution
These Terms do not affect any other agreement that may exist between you and us, including, but not limited to, any insurance contract with us. These Terms constitute the entire agreement between you and us governing your access and use of the Website and the Services, superseding any prior version of these Terms. You also may be subject to additional terms and conditions that may apply when you use certain Services.
The provisions of these Terms are severable. In the event that any provision is held unenforceable, such provision shall be severed and shall not affect the enforceability of the remaining provisions of these Terms.
You and we each agree that these Terms and the relationship between the parties shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
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