Terms of Use

Last updated on October 13, 2020.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Cognixion, a California corporation ("Company", "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to and use of www.cognixion.com, including any content, functionality, and services offered on or through that website (the "Website"), your use of our mobile app (the "App") and your use of our assistive technology devices (the "Device").

Please read the Terms of Use carefully before you start to use the Website, the App, and/or the Device. By using the Website, the App, or the Device, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy [cognixion.com/privacy]. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website, the App, or the Device.

The Website, the App or the Device are offered and available to users who are 13 years of age or older. By using the Website, the App, or the Device, you represent and warrant that you are 13 years of age or older. If you are not 13 years of age or older, you must not access or use the Website, the App, or the Device.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Website and the App thereafter.

Your continued use of the Website or the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website or the App, and any service or material we provide on the Website or the App. We will not be liable if for any reason all or any part of the Website or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the App, or the entire Website or App, to users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website or the App. If you run into any issues with your Amazon account or Alexa enabled devices please contact the device manufacturer or Amazon for support. We are unable to provide support for Amazon based issues.

Ensuring that all persons who access the Website or the App through your internet connection are aware of these Terms of Use and comply with them.

To access the Website, the App or the Device, or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or the App that all the information you provide on the Website or App is correct, current, and complete. You agree that all information you provide to register with the Website or the App is governed by our Privacy Policy [cognixion.com/privacy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, the App or the Device, or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website, the App or the Device, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or App, except as follows:

Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser or device for display enhancement purposes.

If we provide desktop, mobile, or other applications for download, you may download a copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or the App or any services or materials available through the Website or the App.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or the App in breach of the Terms of Use, your right to use the Website or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, the App or the Device, or any content on the Website or the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website or App are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the App:

In any way that violates any applicable federal, state, local, or international law or regulation.

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or the App, or which, as determined by us, may harm the Company or users of the Website or the App or expose them to liability.

Additionally, you agree not to:

Use the Website or the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or the App, including their ability to engage in real-time activities through the Website or App.

Use any robot, spider, or other automatic device, process, or means to access the Website or the App for any purpose, including monitoring or copying any of the material on the Website or the App.

Use any device, software, or routine that interferes with the proper working of the Website or the App.

Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the App, the server on which the Website or the App is stored, or any server, computer, or database connected to the Website or the App.

Attack the Website or the App via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website or the App.

User Contributions

The Website or the App may contain personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or the App.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site or app will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings, subject to our Privacy Policy [cognixion.com/privacy].

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the App.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website, the App or the Device, or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, subject to our Privacy Policy [cognixion.com/privacy].
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, or the App.
Terminate or suspend your access to all or part of the Website or App for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website or the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [cognixion.com/privacy].
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please notify us for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website or the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the App, or by anyone who may be informed of any of its contents.

The Website or the App may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website or App

We may update the content on the Website or the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or the App may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy [cognixion.com/privacy]. By using the Website or the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

The Website or the App may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Website or the App.
Send emails or other communications with certain content, or links to certain content, on the Website or the App.
Cause limited portions of content on the Website or the App to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or the App, or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website or the App other than the Website homepage.
Otherwise take any action with respect to the materials on the Website or the App that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Links from the Website or the App

If the Website or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website or the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Biometric and usage data

By using this service, Cognixion will collect and process basic telemetry data including button tap and swipe events, eye tracking, facial recognition, and audio recognition in order to improve product effectiveness. This data is collected via sensor technology already installed on your mobile computing devices, including but not limited to the screen, motion, location and proximity sensors, camera, microphone, and connected devices. By using this service, you acknowledge that we collect and process that data and expressly allow us to collect and process that data.

You may revoke the above approval at any time by contacting us at privacy@cognixion.com. This may negatively affect your experience of the product and may require you to stop using the service if the service cannot be delivered without the use of this data or sensors.

Our collection and use of the foregoing data is subject to our Privacy Policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR MOBILE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP.

YOUR USE OF THE WEBSITE OR THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP IS AT YOUR OWN RISK. THE WEBSITE, THE APP OR THE DEVICE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE APP, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED AN AMOUNT EQUAL TO THE AMOUNT THAT PARTY HAS PAID TO THE COMPANY FOR THE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH THE LIABILITY AROSE FOR THE SIX-MONTH PERIOD PRIOR TO THE LIABILITY.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or App, including, but not limited to, your User Contributions, any use of the Website's or the App's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website, the App or the Device.

Governing Law and Jurisdiction

All matters relating to the Website, the App or the Device, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

To the extent permitted by applicable law, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in or serving Santa Barbara, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cognixion with respect to the Website and the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website or the App.

Your Comments and Concerns

This Website, App, and/or Device is operated by Cognixion. All other feedback, comments, requests for technical support, and other communications relating to the Website, the App or the Device should be directed to: customercare@cognixion.com.

Alexa Terms of Use

To learn more about the Alexa terms of use please refer to the link below.

https://www.amazon.com/gp/help/customer/display.html?nodeId=201809740

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