Kognito User Agreement
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND KOGNITO SOLUTIONS LLC ("KOGNITO”), AND GOVERN YOUR USE OF ANY KOGNITO WEBSITE, PRODUCTS AND SERVICES AND RELATED MATERIALS, WHETHER DELIVERED BY SHIPMENT OR ACCESSED ONLINE, INCLUDING, BUT NOT LIMITED TO, THE TEXT, SOFTWARE (WHETHER DOWNLOADABLE OR NON-DOWNLOADABLE), TECHNOLOGY, USER INTERFACES, GRAPHICS, IMAGES, VIDEO, CODE, SOUNDS, MUSIC, GAMES, VIDEOS, ALL AUDIO VISUAL OR OTHER MATERIAL APPEARING ON OR EMANATING TO AND/OR FROM THE KOGNITO WEBSITES, AS WELL AS THE DESIGN AND APPEARANCE OF OUR WEBSITES AND THE ACCOMPANYING INFORMATION AND DOCUMENTATION, COURSE CONTENT, INSTRUCTIONAL AND TEST PREPARATORY MATERIALS, SURVEYS AND QUESTIONNAIRES, VIDEOS, TUTORIALS, TESTING AND ASSESSMENT MATERIALS, AND RELATED KOGNITO RESOURCES (COLLECTIVELY REFERRED TO HEREIN AS "KOGNITO PRODUCTS") MADE AVAILABLE TO YOU BY KOGNITO, INCLUDING BUT NOT LIMITED TO, THROUGH KOGNITO’S ONLINE HOSTED PLATFORM AND RELATED CUSTOMER SERVICES AND SEVERAL WEBSITES WITH COMMON INTERFACE, SOFTWARE, MOBILE PRODUCTS, MOBILE SERVICES, AND LINKS WITH OTHER WEBSITES OPERATED BY VARIOUS AFFILIATES OF KOGNITO AND ANY OTHER BRANDED OR CO-BRANDED WEBSITES, INCLUDING SUB-DOMAINS, INTERNATIONAL VERSIONS, WIDGETS AND MOBILE VERSIONS, WHICH ARE ALL OPERATED BY KOGNITO ("KOGNITO SERVICES") (TOGETHER, “KOGNITO PRODUCTS AND SERVICES”). YOU MUST AGREE TO THESE TERMS BEFORE ESTABLISHING AN ACCOUNT WITH KOGNITO AND BEFORE YOU ACCESS ANY KOGNITO PRODUCTS OR KOGNITO SERVICES. TO AGREE TO THESE TERMS, CLICK "I AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE." IF YOU DO NOT CLICK "I AGREE", YOU WILL NOT BE ABLE TO REGISTER FOR KOGNITO PRODUCTS USE AND YOU SHOULD NOT ACCESS KOGNITO PRODUCTS.
Kognito is a U.S. based business, operating in and from the United States.
If you are under the age of 18, you may use the Kognito Products and Services only with authorization and/or supervision of a parent or legal guardian. If you are an adult of the age of 18, and you are using the Kognito Products and Services on behalf of minors, you are required to obtain the authorization of their parents or legal guardian.
YOUR KOGNITO PRODUCTS ACCOUNT
Prior to creating an account with Kognito ("Account") for your use of Kognito Products and Services, you will be required to provide certain information, establish a username and password, and may be provided with access codes and product codes by Kognito. When establishing your Account, You agree to provide complete and accurate information to Kognito and to permit Kognito to store and use your registration data for use in maintaining your Account. You agree to notify Kognito of any changes in your personal or registration information. You agree to protect your username and password, as well as any access codes and product codes provided by Kognito, and not share them with others or permit any unauthorized use of Kognito Products or Services. If you have reason to believe that someone is using your account without your permission, you should contact Kognito immediately. Kognito will not be responsible to you or any third party for any loss or damage resulting from your failure to notify Kognito of unauthorized use or from your allowing others to use and/or not adequately protecting your password, access codes or your Account with Kognito. By establishing an Account, you certify and represent that any exam, test, assessment, or other interactive tool offered through Kognito will be completed and utilized only by you and you will not permit any other person to falsely answer exam, test, and assessment questions under your name. You understand and agree that any false, misleading, or fraudulent activity committed by you in connection with your use of Kognito Products may result in invalidation of your scores and records stored on Kognito Products, immediate suspension or termination of your access to Kognito Products, and disciplinary action by your school, employer, or institution (referred to herein as “your Institution”) consistent with their policies. You understand and agree that Kognito will report any suspected fraud or testing misconduct to your Institution and/or to law enforcement authorities and will pursue any action reasonably necessary to protect student, employer, and school records and the integrity of the Kognito Products. You agree to use Kognito Products and Services only as permitted under this Agreement. You agree that, except for data stored on Kognito Products which comprises your student record to which you are entitled to access under applicable law, you will not disclose any portion of Kognito Products to any other person or entity, as Kognito Products contains the confidential and proprietary material of Kognito and doing so would result in serious financial harm to Kognito, for which you may be held personally liable. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use Kognito Products and Kognito Services.
INTELLECTUAL PROPERTY
You understand and agree that Kognito Products and Kognito Services constitute intellectual property and proprietary material that is owned by Kognito or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by Kognito and its licensors. Kognito trademarks, service marks, graphics, and logos used in connection with Kognito Products and Services are trademarks or registered trademarks of Kognito in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Kognito Products and Services may be the trademarks of their respective owners. Kognito and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
You may not use metatags or any other “hidden text” utilizing “Kognito” or any other name, trademark, service mark or product or service name of Kognito without our prior written permission. In addition, the look and feel of the Kognito Products and Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Kognito and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Kognito.
LICENSE TERMS
Kognito Products are licensed to your Institution with whom your Kognito Products use is affiliated, subject to the terms of this Agreement and timely payment of any fees due and payable to Kognito. If you have independently paid for the use of Kognito Products and Kognito Services, the aforementioned license is granted to you. Your permission to use Kognito Products is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each Kognito Products module you access, including any updates or enhancements thereto. Certain Kognito Products may also require your acceptance of other terms specific to, and appearing in, said Kognito Products. You are not authorized to assign or transfer this permission to use Kognito Products or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, Kognito grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the Kognito Products or Kognito Services (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the Kognito Products or Kognito Services). You agree to use Kognito Products and Kognito Services only as permitted under this Agreement. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use Kognito Products and Services. If Kognito reasonably suspects that you have violated this Agreement, or if fees due and payable to Kognito by you or your Institution have not been paid then, without notice to you, Kognito may terminate this Agreement, the license, and your account and deny you further access to Kognito Products and Services. Upon termination of your Institution’s Kognito Products license, or your individual license if you have directly paid Kognito, you shall cease all use of Kognito Products and Services and remain liable for paying all amounts that may be due and payable by you to Kognito, if any. Kognito reserves the right to modify, suspend, remove, or disable access to Kognito Products or Kognito Services at any time without notice and in no event will Kognito be liable for making any such changes.
Kognito reserves the right to suspend, discontinue, delete, modify, or remove any content or functionality offered in our Kognito Products and Services from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on Kognito’s sole discretion. In addition, Kognito may charge users for certain content or functionality which are currently available for free.
Some of the Kognito Products and Services may allow for the downloading of content and content-related software for mobile devices (“Mobile Applications”). The use of any such Mobile Applications is expressly governed by this User Agreement and by any terms of use and user agreements applicable to the Mobile Applications upon their download onto your mobile device (“Mobile Terms of Use”). Any conflicts between this User Agreement and the Mobile Terms of Use with respect to Mobile Applications shall be resolved in favor of the Mobile Terms of Use.
USE OF DATA
Before establishing an Account with Kognito, you are required to agree to the following terms around use of certain data, as described below:
Types of Data
Your Contact Data: You understand and agree that Kognito will collect and may use personally identifiable information including, but not limited to, the following: name, email address, employer, title, user ID and password, and IP address. We use this information to provide the highest quality of service to you and your Institution, and so that we can verify your identity, contact you, provide materials to you upon your request, register you or for any other purpose identified in this policy or when personal information is collected. Kognito or a third party engaged by Kognito also may contact you via surveys, sweepstakes offers or other data collection techniques to conduct research about your opinion of current Kognito Products and Services, of potential new services that may be offered or topics of interest in your field. We may ask you to provide demographic information at your option; such information is generally used in aggregate form for various analyses conducted by Kognito regarding our Products and Services.
Your Learning Data: You understand and agree that, in the course of your use of Kognito Products and Services, you (and your Institution, if your use of Kognito Products is affiliated with a school, employer or institution) will submit personal and identifiable data regarding you and the Kognito Products and Services will generate data about your individual use of Kognito Products and Services, which may include, but not be limited to, simulation (test) results, completion dates, feedback, and your personal learning behaviors including behaviors around use of Kognito Products, licensure, and various metrics related to your learning of particular subject matters made available through Kognito Products and Services ("Your Learning Data"). You understand and agree that Kognito, through Kognito Products and Services, will collect, maintain, process, have access to, and use Your Learning Data (identifiable data about you, as defined above) to:
(i) confirm your identity to ensure only authorized users are accessing Kognito Products and for purposes of Kognito Products security,
(ii) analyze and provide certain information about your learning, engagement with and use of Kognito Product and Services, and performance to you, your Institution with whom your Kognito Products use is affiliated and your instructor(s) from said Institution, as well as adaptive and personalized learning,
(iii) analyze, separately or with data that Kognito receives from third parties, for purposes of Kognito’s internal data analysis and research and for developing and enhancing Kognito Products and Services,
(iv) provide technical support to you and your Institution on Kognito Products, and
(v) generate reports and analytics for use by you, your Institution and your instructor(s) regarding your learning and performance and/or the learning and academic performance of an entire class or classes at your school or institution.
You understand and agree that, unless your Institution and Kognito have agreed otherwise, Kognito, through Kognito Products, reserves the right to remove Your Learning Data from Kognito Products records six months after you graduate from or otherwise end your matriculation with the school or institution affiliated with your Kognito Products use, provided that Kognito reserves the right to continued use of all General Kognito Products Data and Aggregate Data, as defined below, without specific, identifiable reference to you or Your Learning Data.
General Usage Data: You also understand and agree that, through Kognito Products and Services and the use of other third party software, Kognito may collect diagnostic, technical, and general Kognito Products and Services usage information , such as cookies, content viewed, IP address, device use, site volume and load, that is gathered to (i) facilitate Kognito’s Product support and software development, and improve Kognito Products and Services, (ii) verify compliance with license terms, (iii) monitor, record and report information about Kognito Products user activity and engagement with the Kognito Products, Services sites, modules and social media pages, (iv) collect information around device use, Kognito Products site volume and load, and user results in connection with certain Kognito Products features or material ("General Usage Data").
Aggregate Analytic Data: Your Learning Data and General Usage Data may also be used in the aggregate, anonymous, and de-identified by Kognito for analysis related to benchmarking, research and analytics, employment matters, graduate-level programs and continuing education, Kognito’s Product development and improvement, general metrics about your school’s or institution’s performance as compared to other schools and institutions and other Kognito customers, as well as for anonymized metrics and analysis relative to users’ performance ("Aggregate Analytic Data").
Information You Provide or Post: Except for information which Kognito expressly agrees in a separate contract with you to treat as proprietary and confidential, any communication, material or information that you transmit or post to any Kognito website, social media page or product (“Kognito Property”) will be deemed non-confidential. By posting any information or material on any Kognito Property, you represent that you own all proprietary rights over such information or material and grant Kognito a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use. You represent that you will not post anything on a Kognito Property that is libelous, defamatory, unlawful, threatening, obscene, or pornographic. Kognito reserves the right, at its sole discretion, to edit or remove, without notice, any unlawful or offensive information posted on Kognito Properties. NOTWITHSTANDING THE FOREGOING, Kognito EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL OR information COMMUNICATED OR POSTED BY YOU OR OTHER THIRD PARTIES ON ANY Kognito PROPERTY. Kognito welcomes your suggestions and input on how we might improve the Kognito Properties, services and products. By providing any such suggestions, ideas, know-how, and input to Kognito, you agree that Kognito, including its parent and affiliated companies, has a royalty free, perpetual, worldwide, irrevocable right to use, publish, create, display, market, distribute, copy, and sell the same, in any form, medium, or technology, whether now known or developed in the future.
Sharing of Your Data.
Kognito will not sell, rent, trade or lease your personally identifiable information (“Your Personal information”) to others unless we have requested to do so and have received your permission. (Aggregated information, by definition, is not identifiable and thus is not included in the definition of Your Personal information.) Notwithstanding the foregoing, Kognito reserves the right, and you hereby grant Kognito the right, to disclose Your Personal information to others under the following circumstances: (i) we may share Your Personal information with any Kognito affiliate (or business partner or agent acting on our behalf) worldwide as necessary to provide you with the Kognito Products and Services, and such affiliates, business partners, and agents will be under the same obligations as is Kognito to protect the confidentiality of your information and protect your privacy; (ii) if your use of Kognito Products and Services is affiliated with your Institution, we may share your information with your Institution, its instructors and staff, and other parties associated with or required by your Institution; (iii) we may be required to share Your Personal information by law with regulatory, industry self-regulatory organizations or other government agencies, or under a court order; (iv) we may transfer your data in connection with an organizational change, such as a merger or acquisition by another company or the sale of Kognito’s assets; or (v) if Kognito, in its sole discretion, determines disclosure is necessary to protect the rights, property, or security of Kognito, the Kognito Products and Services, Kognito Property, or other users’ rights or the personal safety of individuals, then we also may share Your Personal information . If you have opted in to receive communications from Kognito or its affiliates and partners regarding surveys, sweepstakes, discounts and other offers, market research, relevant product updates and post-graduate information, such as continuing education, practice updates and opportunities, we may share you contact information with vendors who support Kognito in these efforts.
Data Transmission:
If you are located outside of the United States, you consent to the transmission and transfer of your personal information into the United States, to be processed, stored and maintained on or through Kognito servers located in the United States.
By clicking the "I Agree" button below, as part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to Kognito’s and its affiliates’ collection, use, maintenance, reporting, transmission, and processing of Your Contact Data, Your Learning Data, General Usage Data, and Aggregate Analytic Data, as described herein.
CHILDREN
We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of Kognito Products and Kognito Services. You will not use Kognito Products and Kognito Services in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export all or any portion of Kognito Products except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. Kognito Products may not be exported into any U.S. embargoed countries or provided to anyone on the U.S. Government’s list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
GOVERNMENT USE
Kognito Products and Kognito Services were developed using private funds and are "Commercial Items" as defined in 48 CFR §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
USE OF LINKS
Kognito may include material from third parties or include links to third party websites in Kognito Products. Such material is provided as a convenience to you and Kognito assumes no liability or responsibility for such third-party materials or websites.
DISCLAIMER OF WARRANTIES
KOGNITO PRODUCTS AND KOGNITO SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. KOGNITO AND ITS SUPPLIERS, LICENSORS AND PARTNERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO KOGNITO PRODUCTS AND KOGNITO SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY EMPLOYEE OR REPRESENTATIVE OF KOGNITO OR OF ITS SUPPLIERS, LICENSORS AND PARTNERS SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE, KOGNITO PRODUCTS AND KOGNITO SERVICES IS AT YOUR SOLE RISK. KOGNITO AND ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN KOGNITO PRODUCTS. KOGNITO AND ITS SUPPLIERS, LICENSORS AND PARTNERS TAKE PRECAUTIONS TO PROTECT KOGNITO PRODUCTS AND KOGNITO SERVICES, BUT MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. KOGNITO AND ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF KOGNITO PRODUCTS OR KOGNITO SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
KOGNITO PRODUCTS ARE DESIGNED TO PROVIDE ACCURATE AND AUTHORITATIVE INFORMATION AND RECOMMENDATIONS IN REGARD TO THE SUBJECT MATTER COVERED AND KOGNITO USES REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION. NOTWITHSTANDING THE FOREGOING, KOGNITO AND ITS SUPPLIERS, LICENSORS AND PARTNERS MAKE NO WARRANTY OR GUARANTY AS TO, AND ASSUMES NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN KOGNITO PRODUCTS, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF KOGNITO PRODUCTS.
Kognito Products may provide information, guidance, and recommendations related to a variety of subject matters, including but not limited to, medical treatment, emergency care, drugs, medical devices, and side effects; however, research, clinical practice, and government regulations often change the accepted standards and it is solely your responsibility, and not the responsibility of Kognito, to determine appropriate medical treatment, the use of any drug in the clinical setting, and for determining FDA status of a drug, reading the package insert, and reviewing prescribing information for the most up-to-date recommendations on dose, precautions, and contradictions, and determining the appropriate usage for a product. This is especially important in the case of drugs that are new or seldom used. Kognito Products were developed based on generally accepted education principles and standards in the United States, and have not been customized or otherwise specifically designed for use in any other country. Any procedures and protocols noted in Kognito Products are based on current recommendations of responsible sources; however, you understand that other or additional measures may be required under particular circumstances. Kognito Products are intended solely as a guide and for educational purposes and is not intended to be used for actual medical treatment or as a statement of the standards of care required in any particular situation, because circumstances and patients' physical conditions can vary widely from one set of circumstances to another. Nor is it intended that Kognito Products shall in any way advise personnel concerning legal authority to perform the activities or procedures discussed. You should make such determination only with the aid of legal counsel. Certain Kognito Products content and material may include facts, views, opinions and recommendations of persons other than Kognito, which are deemed by Kognito to be of educational interest to Kognito Products users. Kognito and its licensors, suppliers, and partners make no guarantee or warranty regarding the accuracy, completeness, or timeliness of such content or material, nor do they make any endorsement in connection with use of such third-party content or material. Similarly, statements and opinions in Kognito Products are provided as guidelines only and should not be construed as official policy and Kognito and its licensors, suppliers and partners expressly disclaim any liability or responsibility for the consequences of any action taken in reliance on these statements or opinions. Kognito Products are provided to you with the understanding that Kognito is not rendering to you any legal, accounting, or other professional service or advice. If legal advice or other expert assistance is required, the service of a competent professional should be sought.
LIMITATION OF LIABILITY
IN NO EVENT WILL KOGNITO SOLUTIONS, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE KOGNITO PRODUCTS AND KOGNITO SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, THE LIABILITY OF KOGNITO AND EACH OF THE AFOREMENTIONED PERSONS AND ENTITIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL KOGNITO’S AND ITS SUPPLIERS’, PARTNERS’, AND LICENSORS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
By accepting this Agreement and using Kognito Products and Kognito Services, you agree that you will indemnify and hold Kognito, its directors, officers, employees, affiliates, agents, contractors, principals, suppliers, partners, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of Kognito Products and Kognito Services, or any action taken by Kognito to protect its intellectual property, including, but not limited to, suspension or termination of your access to Kognito Products and Kognito Services.
MISCELLANEOUS
Kognito reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of Kognito Products and Kognito Services, provided however, Kognito will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.
This Agreement is governed by the laws of the State of New York, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of New York, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No Kognito employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.
If you are in Canada, Kognito and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: Kognito et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.)
This Agreement is the entire and exclusive agreement between Kognito and you regarding your use of Kognito Products and Kognito Services and replaces any prior agreements between you and Kognito regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. Kognito’s failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. Kognito is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of Kognito’s control.
Kognito reserves the right to take steps Kognito believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Kognito has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Kognito believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Kognito's right to cooperate with any legal process relating to your use of Kognito Products and/or Kognito Services, and/or a third-party claim that your use of Kognito Products and/or Kognito Services is unlawful and/or infringes such third party's rights).
Your use of Kognito Products and Kognito Services are subject to Kognito’s website Privacy Policy at https://kognito.com/privacy-policy and Kognito’s website User Terms and Conditions at https://kognito.com/terms-of-use as well as these Terms and Conditions. In the event of any conflict between the terms in Kognito’s website Privacy Policy or website User Terms and Conditions and these Terms and Conditions, these Terms and Conditions shall apply with respect to your use of Kognito Products and Kognito Services.