Last updated on May 30th, 2014
If you are under the age of 18, you may use the Kognito Websites 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 Websites on behalf of minors, you are required to obtain the authorization of their parents or legal guardian.
Kognito reserves the right to suspend, discontinue, delete, modify, or remove any content or functionality offered in our Kognito Websites 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.
License and Kognito Websites Access
You agree that you will not send us any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of “spam.” You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Kognito Websites for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
We attempt to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error
Certain Kognito Websites may include links to third party websites or portions thereof as a convenience to you. Those sites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.
Certain Kognito Websites may host or co-host certain third party content operated by and belonging to such third parties (“Third Party Content”). Third Party Content is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions of the respective owners of Third Party Content, who retain all ownership and intellectual property rights therein. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
All product, brand and company names and logos used on our Kognito Websites are the trademarks or registered trademarks (including, but not limited to a registered trademark “Kognito”) of their respective owners. Any use of any of the marks appearing on the Kognito Websites, whether or not owned and/or operated by Kognito (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. 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 Websites, 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 us.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of Kognito or any third party.
Disclaimer of Warranties and Limitation of Liability
KOGNITO WEBSITES INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH KOGNITO’S WEBSITES ARE PROVIDED BY KOGNITO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KOGNITO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KOGNITO WEBSITES OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS KOGNITO WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KOGNITO WEBSITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KOGNITO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOGNITO DOES NOT WARRANT THAT THE KOGNITO WEBSITES, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE KOGNITO WEBSITES, THEIR SERVERS, OR E-MAIL SENT FROM KOGNITO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL KOGNITO OR ANY OF ITS AFFILIATES OR CUSTOMERS, SUPPLIERS OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THE KOGNITO WEBSITES OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE KOGNITO WEBSITES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE KOGNITO WEBSITES OR ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE KOGNITO WEBSITES, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ANY OF KOGNITO WEBSITES OR ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE KOGNITO WEBSITES.
IN NO EVENT, SHALL KOGNITO’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE KOGNITO WEBSITES IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO KOGNITO BY THE INJURED PARTY.
IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF KOGNITO OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In addition, Kognito will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
Kognito reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kognito’s defense of such claim. Kognito may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
You may stop using the Kognito Website and Content at any time and in your sole discretion, with no need for justification and with no charge.
Disputes and Applicable Law
Changes and Severability
Communication with Kognito
You may contact any of Kognito at:
135 West 26 Street, 12 FL
New York, NY 10010
You agree to receive communications from us electronically regarding your account, these Term of Use and the Kognito Websites, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not.