Using Our Website

TERMS of USE

    1. INTRODUCTION
      1. These terms and conditions shall govern the use of the Cognos Therapeutic Inc. (Cognos) website.
      2. By using the Cognos website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Cognos website.
      3. If you register with the Cognos website, submit any material to the Cognos website or use any of the Cognos website services, Cognos will ask you to expressly agree to these terms and conditions.
      4. The Cognos website may use private cookies from time to time to better facilitate your experience on the website. By using the Cognos website or agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms of the Cognos Privacy Policy.
    2. Copyright Notice
      1. Copyright (c) 2016 Cognos Therapeutics Inc.
      2. Subject to the express provisions of these terms and conditions:
        1. Cognos, together with the Cognos licensors, own and control all the copyright and other intellectual property rights in the Cognos website and the material on the Cognos website ; and
        2. all the copyright and other intellectual property rights in the Cognos website and the material on the Cognos website are reserved.
    3. License To Use Cognos Website
      1. You may, subject to the other provisions of these terms and conditions:
        1. view pages from the Cognos website in a web browser;
        2. download pages from the Cognos website for caching in a web browser;
        3. print pages from the Cognos website ;
        4. stream audio and video files from the Cognos website ; and
      2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from the Cognos website or save any such material to your computer.
      3. You may only use the Cognos website for your own personal purposes, and you must not use the Cognos website for any other purposes.
      4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the Cognos website.
      5. Unless you own or control the relevant rights in the material, you must not:
        1. republish material from the Cognos website (including republication on another website);
        2. sell, rent or sub-license material from the Cognos website ;
        3. show any material from the Cognos website in public;
        4. exploit material from the Cognos website for a commercial purpose; or
        5. redistribute material from the Cognos website .
        6. Notwithstanding Section 3.5, you may redistribute the Cognos newsletter in print and electronic form to any person.
      6. Cognos reserves the right to restrict access to areas of the Cognos website, or indeed the Cognos whole website, at the Cognos discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Cognos website.
    4. Acceptable Use
      1. You must not:
        1. use the Cognos website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
        2. use the Cognos website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
        3. use the Cognos website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
        4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Cognos website without Cognos’ express written consent;
        5. access or otherwise interact with the Cognos website using any robot, spider or other automated means;
        6. violate the directives set out in the robots.txt file for the Cognos website ; or
        7. use data collected from the Cognos website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
      2. You must not use data collected from the Cognos website to contact individuals, companies or other persons or entities except as it pertains to non-commercial purposes related to Cognos.
      3. You must ensure that all the information you supply to us through the Cognos website, or in relation to the Cognos website, is true, accurate, current, complete and Non-Misleading.
    5. Registration and Accounts
      1. You may register for an account for the purposes of receiving the Cognos newsletter or participating in the Cognos community support services such as the Cognos forums, FAQ’s and article/blog commenting, with the Cognos website by completing and submitting the account registration form on the Cognos website, and clicking on the verification link in the email that the website will send to you.
      2. You must notify Cognos in writing immediately if you become aware of any unauthorized use of your account.
      3. You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
    6. User IDs And Passwords
      1. If you register for an account with the Cognos website, you will be asked to choose a user ID and password.
      2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.
      3. You must keep your password confidential.
      4. You must notify us in writing immediately if you become aware of any disclosure of your password.
      5. You are responsible for any activity on the Cognos website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
    7. Cancellation and Suspension of Account
      1. Cognos may at the Cognos discretion:
        1. suspend your account;
        2. cancel your account; and/or
        3. edit your account details,
        4. at any time in Cognos’ sole discretion without notice or explanation.
      2. You may cancel your account on the Cognos website by using any opt-out controls offered or by notifying Cognos in writing.
    8. Your Content: License
      1. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to Cognos or the Cognos website for storage or publication on, processing by, or transmission via, the Cognos website .
      2. You grant to Cognos a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media/reproduce, store and publish your content on and in relation to this website and any successor website/reproduce, store and, with your specific consent, publish your content on and in relation to the Cognos website.
      3. You grant to Cognos the right to sub-license the rights licensed under Section 8.2.
      4. You grant to Cognos the right to bring an action for infringement of the rights licensed under Section 8.2.
      5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
      6. You may edit your content to the extent permitted using the editing functionality made available on the Cognos website.
      7. Without prejudice to Cognos’ other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if Cognos reasonably suspects that you have breached these terms and conditions in any way, Cognos may delete, unpublish or edit any or all of your content.
    9. Your Content: Rules
      1. You warrant and represent that your content will comply with these terms and conditions.
      2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
      3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
        1. be libelous or maliciously false;
        2. be obscene or indecent;
        3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
        4. infringe any right of confidence, right of privacy or right under data protection legislation;
        5. constitute negligent advice or contain any negligent statement;
        6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
        7. be in contempt of any court, or in breach of any court order;
        8. be in breach of racial or religious hatred or discrimination legislation;
        9. be blasphemous;
        10. be in breach of official secrets legislation;
        11. be in breach of any contractual obligation owed to any person;
        12. depict violence in an explicit, graphic or gratuitous manner;
        13. be pornographic, lewd, suggestive or sexually explicit;
        14. be untrue, false, inaccurate or misleading;
        15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
        16. constitute spam;
        17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
        18. cause annoyance, inconvenience or needless anxiety to any person.
    10. Limited Warranties
      1. Cognos does not warrant or represent:
        1. the completeness or accuracy of the information published on the Cognos website ;
        2. that the material on the website is up to date; or
        3. that the website or any service on the website will remain available.
      2. Cognos reserves the right to discontinue or alter any or all of the Cognos website services, and to stop publishing the Cognos website, at any time at Cognos’ sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Cognos stops publishing the website.
      3. To the maximum extent permitted by applicable law and subject to Section 11.1, Cognos excludes all representations and warranties relating to the subject matter of these terms and conditions, the Cognos website and the use of the Cognos website.
    11. Limitations and Exclusions of Liability
      1. Nothing in these terms and conditions will:
        1. limit or exclude any liability for death or personal injury resulting from negligence;
        2. limit or exclude any liability for fraud or fraudulent misrepresentation;
        3. limit any liabilities in any way that is not permitted under applicable law; or
        4. exclude any liabilities that may not be excluded under applicable law.
      2. The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
        1. 11.2.1. are subject to Section 11.1; and
        2. 11.2.2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and or breach of statutory duty.
      3. To the extent that Cognos and the information and services on the Cognos website are provided free of charge, Cognos will not be liable for any loss or damage of any nature.
      4. Cognos will not be liable to you in respect of any losses arising out of any event or events beyond Cognos’ reasonable control.
      5. Cognos will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
      6. Cognos will not be liable to you in respect of any loss or corruption of any data, database or software.
      7. Cognos will not be liable to you in respect of any special, indirect or consequential loss or damage.
      8. You accept that Cognos has an interest in limiting the personal liability of Cognos officers and employees and, having regard to that interest, you acknowledge that Cognos is a limited liability entity; you agree that you will not bring any claim personally against Cognos officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of the Cognos officers and employees).
    12. Breaches of These Terms And Conditions
      1. Without prejudice to Cognos other rights under these terms and conditions, if you breach these terms and conditions in any way, or if Cognos reasonably suspects that you have breached these terms and conditions in any way, Cognos may:
        1. send you one or more formal warnings;
        2. temporarily suspend your access to the Cognos website ;
        3. permanently prohibit you from accessing the Cognos website ;
        4. block computers using your IP address from accessing the Cognos website ;
        5. contact any or all your internet service providers and request that they block your access to the Cognos website ;
        6. commence legal action against you, whether for breach of contract or otherwise; and/or
        7. suspend or delete your account on the Cognos website .
      2. Where Cognos suspends or prohibits or block your access to the Cognos website or a part of the Cognos website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
    13. Variation
      1. Cognos may revise these terms and conditions from time to time.
      2. The revised terms and conditions shall apply to the use of the Cognos website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Cognos will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of the Cognos website from the date that Cognos gives you such notice; if you do not agree to the revised terms and conditions, you must stop using the Cognos website.
      3. If you have given your express agreement to these terms and conditions, Cognos will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as Cognos may specify, Cognos will disable or delete your account on the website, and you must stop using the website.
    14. Assignment
      1. You hereby agree that Cognos may assign, transfer, sub-contract or otherwise deal with the Cognos rights and/or obligations under these terms and conditions.
      2. You may not without Cognos’ prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
    15. Severability
      1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
      2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
    16. Third Party Rights
      1. These terms and conditions are for Cognos’ benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
      2. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
    17. Entire Agreement
      1. Subject to Section 11.1, these terms and conditions, together with Cognos’ Privacy Policy, shall constitute the entire agreement between you and Cognos in relation to your use of the Cognos website and shall supersede all previous agreements between you and Cognos in relation to your use of the Cognos website.
    18. Law and Jurisdiction
      1. These terms and conditions shall be governed by and construed in accordance with U.S. law.
      2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Los Angeles, California.
    19. The Cognos Details
      1. This website is owned and operated by Cognos Therapeutic Inc.
      2. Cognos is licensed in Los Angele, CA, with offices at 6053 West Century Blvd. Suite: 1000, Los Angeles, CA 90045-6400.
      3. You can contact Cognos by writing to the business address given above, by using the Cognos website contact form, by email to info@cognosthx.com or by telephone at 310-641-2700.