Acceptance of Terms. This website is provided by Cognitive View Pty Ltd (collectively with
its subsidiaries, ” Cognitive View,” ” we,” ” us,”) subject to the following Terms of Service (the
“Agreement”), which may be updated by us from time to time in our sole discretion. Cognitive
View reserves the right to alter this Agreement without advance notice by posting a revised
Agreement. You can determine when this Agreement was last revised by checking the “Last
revised” legend at the top of the Agreement.
This Agreement applies to the following websites: www.cognitiveview.com, and all partner
and customer extranets hosted by or on behalf of Cognitive View, and all Cognitive View
sub-sites accessed from such sites(collectively, the ” Site”). In addition, when using
particular service(s) provided through the Site, you agree that you are subject to any
additional posted guidelines, rules, terms, and conditions applicable to such service(s). All
such guidelines, rules, terms, and conditions are hereby incorporated by reference into this
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE
COGNITIVE VIEW TERMS OF SERVICE THEN IN EFFECT.
You agree that by registering with, or by using the Site, including other information provided
as part of the Site services, you are entering into a legally binding agreement with us based
on the terms of this Agreement. If you are using the site on behalf of a company or other
legal entity, you are nevertheless bound by this Agreement.
The Site may not be available at all times or in all areas. Cognitive View may permit you to
register for services, and/or deny service to you, at any time and in its sole discretion,
including without limitation in the event you do not adhere to the Rules of Conduct set forth
below. Cognitive View reserves the right to, at any time: (a) modify or discontinue,
temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for
the use of the Site; and/or (c) modify and/or waive any fees charged in connection with the
Site. You agree that Cognitive View shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Site, or of any Content or Service (as
defined below). Your continued use of the Site after ANY such changes will indicate your
acceptance of such changes.
Any questions about the meaning or application of this Agreement should be directed
Description of the Content and Services. Cognitive View provides users of the site with
access to certain content concerning Cognitive View and its products and services, including
descriptions, contact information, links, and other specialized content (collectively, the
” Content“), as well as opportunities to contact Cognitive View or third parties, and other
features and services (all of the foregoing, collectively with the Content, the ” Services“). All
new Content, Services, or features made available through the Site that were not made
available as of the “Last Revised” date above, shall automatically become subject to this
Information Submitted Through or In Connection With the Site. All submissions of
is hereby incorporated into this Agreement by this reference. In consideration of your use of
the Site and Services, you agree, where information is requested, to provide accurate,
current, and complete information about yourself, to maintain the accuracy and
completeness of such information, and to update it promptly in the event of any change.
You agree that if any information you provide is false, inaccurate, incomplete, or not current,
we may terminate your use of the Site and/or the Services. By providing information to us,
you represent and warrant that you are entitled to submit the information and that the
information is accurate, not confidential (except as otherwise protected under applicable
nondisclosure agreements with Cognitive View), and not in violation of any contractual
restrictions or other third party rights.
Cognitive View is not liable for any loss or damage arising from your failure to comply with
any or all of the foregoing obligations.
As part of the registration process for certain Services, you will be asked to select a
username and password. We may refuse registration to anyone, and/or require additional
information prior to accepting any registration, in our sole discretion. Furthermore, we may
refuse to grant you a username that impersonates someone else, is or may be illegal, is or
may be protected by trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us in our sole discretion.
You will be responsible for the confidentiality and use of your username and password and
agree not to transfer or resell your use of or access to the Services or any part of the
Content to any third party. If you have reason to believe that your account with us is no
longer secure, you must immediately notify us of the problem by emailing us
at email@example.com .
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE
CONDUCTED THROUGH YOUR ACCOUNT.
Rules of Conduct.
While using the Site, you agree to comply with all applicable laws, rules, and regulations. In
addition, Cognitive View expects users of the Site to respect the rights and dignity of others,
and your use thereof is conditioned on your compliance with the following Rules of Conduct.
You will not:
Transmit or otherwise make available in connection with the Site anything that is or may be:
(a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent
or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected
by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the
express permission of the owner of such right.
Use the Site for any fraudulent or unlawful purpose; or transmit or otherwise make available
in connection with the Site any material that would give rise to criminal or civil liability, that
encourages conduct that constitutes a criminal offense, or that encourages or provides
instructional information about illegal or potentially illegal activities.
Transmit or otherwise make available any material, non-public information about a company
without the proper authorization to do so.
Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or
harvest or collect personally identifiable information about visitors or users of the Site without
their express consent.
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
Impersonate any person or entity, including, but not limited to, any Cognitive View agent or
representative; falsely state or otherwise misrepresent your affiliation with any person or
entity; or express or imply that we endorse any statement you make, without our prior written
Transmit or otherwise make available in connection with the Site any virus, worm, Trojan
Horse, easter egg, time bomb, web bug, cancelbot, “spyware,” or any other computer code,
file, or program that may or is intended to damage or hijack the operation of any hardware,
software, or telecommunications equipment, or any other actually or potentially harmful,
disruptive, or invasive code or component.
Interfere with or disrupt the operation of the Site, or the servers or networks that host the Site
or make the Site available; or disobey any requirements, procedures, policies, or regulations
of such servers or networks.
Restrict or inhibit any other person from using the Site, including by means of hacking or
defacing any portion of the Site.
Transmit or otherwise make available in connection with the Site any unsolicited or
unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” investment opportunity, or any other form of solicitation.
Sell, license, or exploit for any commercial purposes any use of or access to the Content,
Services or Site.
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the
Content, Services, or Site.
Remove any copyright, trademark, or other proprietary rights notice contained in the
Content, Services, or Site.
Frame or mirror any part of the Site without Cognitive View’s prior express written
Use any robot, spider, site search or retrieval application, or other manual or automatic
device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce,
or circumvent the navigational structure or presentation of the Site.
Create a database by systematically downloading and storing all or any of the Content from
Cognitive View’s Proprietary Rights. You acknowledge and agree that the information and
materials presented to you on or through the Site, including without limitation the Content
and the Services, are and shall remain the property of Cognitive View and its licensors and
suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights
and laws. You may download one (1) copy of any material publicly available on the Site to
any single computer for your personal, non-commercial use only, provided that you keep
intact all copyright and other proprietary notices, and subject to all other terms and
conditions of this Agreement. Except as expressly authorized in advance by Cognitive View,
you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works
based (whether in whole or in part) on, any materials, including without limitation the Content
and the Services, that are made available on or through the Site.
You may request, and Cognitive View may provide, from time to time, certain Content which
is confidential information of Cognitive View, and which Cognitive View intends to protect as
confidential, including without limitation copies of materials presented at Cognitive View
online seminars. Such Content is generally marked “confidential” or with a similar legend,
unless posted on an extranet or other part of the Site with restricted access. In addition to
the restrictions on the use of any Content set forth above, you agree to hold all confidential
Content in strict confidence, not to disclose it to any third party, and to use at least
reasonable care to protect its confidentiality and prevent its unauthorized use or disclosure.
Partial list of trade names, trademarks and service marks of Cognitive View:
All trademarks and service marks on the Site not owned by Cognitive View are the property
of their respective owners. The trade names, trademarks, and service marks owned by
Cognitive View, whether registered or unregistered, may not be used in connection with any
product or service that is not Cognitive View’s, or in any manner that is likely to cause
confusion with customers. Nothing contained on the Site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any of Cognitive View’s trade
names, trademarks, or service marks without the prior express written permission of
Limitation of Liability and Disclaimer of Warranties.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN
CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS
SECTION MAY NOT APPLY TO YOU.
THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU
AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE
USE OF THE SITE AND SERVICES, AND ANY RELIANCE ON THE ACCURACY,
COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, COGNITIVE VIEW DISCLAIMS ALL
WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
COGNITIVE VIEW WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY,
OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COGNITIVE VIEW HAD
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN
PARTICULAR, AND WITHOUT LIMITATION, COGNITIVE VIEW WILL NOT BE LIABLE
FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO
USE THE SITE, ANY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION
WITH THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, USED, ACQUIRED,
OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP
USING THE SITE.
WITHOUT LIMITING THE FOREGOING, COGNITIVE VIEW MAKES NO
REPRESENTATION OR WARRANTY THAT: (A) THE SITE OR ANY SERVICE WILL MEET
YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE,
TIMELY, OR RELIABLE; (D) ANY REPORTED PROBLEMS MAY BE RESOLVED WITH
THE USE OF ANY INFORMATION PROVIDED ON THIS SITE; (E) THE QUALITY OF ANY
SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE
WILL MEET YOUR EXPECTATIONS; (F) ANY ERRORS IN THE SITE WILL BE
CORRECTED; OR (G) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH
THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER
While we try to maintain the Site’s integrity and security (and the integrity and security of the
servers on and in connection with which the Site is operated), we do not guarantee that the
Site will be or remain secure, complete, or correct, or that access to the Site will be
uninterrupted. The Site may include inaccuracies or errors, or materials that violate or
conflict with this Agreement. Additionally, third parties may make unauthorized alterations to
the Site. If you become aware of such a situation, please contact us
at firstname.lastname@example.org with a description of the material(s) at issue, and the location
(“URL”) where such material(s) appear.
Links. The Site may provide links to other Internet websites and resources. Because
Cognitive View has no control over such sites and resources, you acknowledge and agree
that Cognitive View is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content, advertising, products,
or other materials on or available through such sites or resources. Other websites may
provide links to the Site with or without Cognitive View’s authorization.
Cognitive View has no control over the sites that provide links to the Site, and you
acknowledge and agree that Cognitive View does not endorse such sites and is not
responsible for any links from those sites to the Site, for any content, advertising, products,
or other materials available on or through such other sites, or for any loss or damages
caused by using or relying on any such materials. You further acknowledge and agree that
Cognitive View shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to have been caused by or in connection with the use of or inability to use:
(a) any sites or resources to which Cognitive View provides links, or that provide links to the
Site; or (b) any content, goods, or services available on or through any such sites or
resources. Cognitive View shall have the right, but not the obligation, at any time and in its
sole discretion, to block links to the Site through technological or other means, without prior
Representations and Warranties; Indemnity. You represent and warrant that you will comply
with all applicable laws in connection with your use of the Site and Services. You agree to
defend, indemnify, and hold harmless Cognitive View and its sponsors, directors, officers,
shareholders, licensors, employees, agents, and representatives, from and against all
claims, losses, costs, damages, liabilities, and expenses (including but not limited to
attorneys and professional fees) arising out of: (a) your activities in connection with the Site
or Services; (b) any violation of this Agreement by you; or (c) any allegation that anything
you transmit through or in connection with the Site infringes or otherwise violates the
copyright, trademark, trade secret, privacy, or other rights of any third party.
Dealings with Third-Party Providers of Goods and Services. Your correspondence or
business dealings with, or participation in promotions sponsored by, any third-party
advertisers or other third-party providers of goods or services found on or through the Site,
and any terms, conditions, warranties, or representations associated with such dealings, are
solely between you and such third-party advertiser or provider. You agree that Cognitive
View shall not be responsible or liable for any loss or damage of any sort incurred in
connection with any such dealings or as the result of the presence of such third parties’
materials on the Site.
Termination. You agree that Cognitive View, in its sole discretion, may terminate your use of
the Site or any part thereof, at any time and for any reason, including, without limitation, if
Cognitive View believes that you have violated or acted inconsistently with the letter or spirit
of this Agreement. You agree that any termination of your access to the Site and/or the
Services under any provision of this Agreement may be effected without prior notice. Upon
termination of this Agreement, your right to use the Site will immediately cease. Cognitive
View shall not be liable to you or any third party for any termination of your access to the Site
or any part thereof.
Jurisdictional and Severability. The Site is controlled and operated by Cognitive View from its
principal office in the Melbourne, Australia, and is not intended to subject Cognitive View to
the laws or jurisdiction of any state, country or territory other than the Victoria, Australia.
Cognitive View does not represent or warrant that the Site, Content, or Services, or any
aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who
choose to access the Site do so on their own initiative and at their own risk, and are
responsible for complying with local laws. We may limit the availability of the Site to any
person, geographic area, or jurisdiction we choose, at any time in our sole discretion.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to
be illegal, void, or unenforceable, the unenforceable provision will be modified so as to
render it enforceable and effective to the maximum extent possible in order to effect the
intention of the provision; and if a court or arbitrator finds the modified provision invalid,
illegal, void or unenforceable, the validity, legality and enforceability of the remaining
provisions of this Agreement will not be affected in any way.
Investment Information. The information contained on the Site may not be current and
should not be used or relied on for any decision to invest in, purchase, retain, sell or
otherwise transfer the stock of Cognitive View or for any related purpose. Cognitive View is a
private limited company.
If any provision of this Agreement is found to be unlawful, void, or for any reason
unenforceable, then that provision will be deemed severable from this Agreement and will
not affect the validity and enforceability of any remaining provision. You may not assign,
sublicense or otherwise transfer any or all of your rights or obligations under this Agreement
without Cognitive View’s prior express written consent. No waiver by either party of any
breach or default hereunder will be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained herein is inserted only as a
matter of convenience, and in no way defines or explains any section or provision hereof.
This Agreement, together with all policies referred to herein, is the entire Agreement
between you and Cognitive View relating to your use of the Site and supersedes any and all
prior or contemporaneous written or oral agreements or understandings between you and
Cognitive View with respect to such subject matter. Notices to you may be made via either
email or regular mail. The Site may also provide notices of changes to this Agreement or
other matters, by displaying such notices or by providing links to such notices. Without
limitation, you agree that a printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form.
Information or Complaints. If you have a question or complaint regarding the Site, please
send an e-mail to email@example.com