Cognitive.RS Terms and Conditions of Use
Effective as of 1 June 2017
2 Changes to the Agreements
3 Enjoying Cognitive.RS
4 Rights we grant you
5 Third Party Applications
6 User-Generated Content
7 Rights you grant us
8 User guidelines
9 Infringement and reporting User Content
10 Service limitations and modifications
11 Customer support
12 Export control
13 Payments and cancellations
14 Term and termination
15 Warranty and disclaimer
17 Third party rights
18 Entire agreement
19 Severability and waiver
22 Choice of law, mandatory arbitration and venue
23 Contact us
Thanks for choosing Cognitive.RS (“Cognitive.RS”, “we”, “us”, “our”). By signing up or otherwise using the Cognitive.RS service, websites, and software applications (together, the “Cognitive.RS Service” or “Service”), or accessing any content or material that is made available by Cognitive.RS through the Service (the “Content”) you are entering into a binding contract with the Cognitive.RS entity indicated at the bottom of this document.
Please read the Agreements carefully. They cover important information about Cognitive.RS Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Cognitive.RS Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Cognitive.RS is true, accurate, and complete, and you agree to keep it that way at all times.
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the contact us form.
Here’s some information about all the ways you can enjoy Cognitive.RS.
3.1 Our Services & Paid Subscriptions
Cognitive.RS provides software and shared content. Certain Cognitive.RS services are provided to you free-of-charge. Other Cognitive.RS services require payment before you can access them. The Cognitive.RS services that may be accessed after payment are referred to as the “Paid Subscriptions”. The Cognitive.RS service that does not require payment is currently referred to as the “Free Service”.
All Paid Subscriptions come with a Trial for a specified period without payment (a “Trial”). Cognitive.RS reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
The Cognitive.RS Service and is the property of Cognitive.RS. We grant you a limited, non-exclusive, revocable licence to make use of the Cognitive.RS Service. This Licence shall remain in effect until and unless terminated by you or Cognitive.RS.
The Cognitive.RS software applications and the Content are licensed, not sold, to you, and Cognitive.RS and its licensors retain ownership of all copies of the Cognitive.RS software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Cognitive.RS trademarks, service marks, trade names, logos, domain names, and any other features of the Cognitive.RS brand (“Cognitive.RS Brand Features”) are the sole property of Cognitive.RS or its licensors. The Agreements do not grant you any rights to use any Cognitive.RS Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Cognitive.RS Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Cognitive.RS grants no right, title, or interest to you in the Cognitive.RS Service or Content.
Third party software (for example, open source software libraries) included in the Cognitive.RS Service are licensed to you either under the Agreements or under the relevant third party software libraries licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.
The Cognitive.RS Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Cognitive.RS does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
Cognitive.RS users may post, upload, and/or contribute (“post”) content to the Service (which may Events, Schedules, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Cognitive.RS Service.
You promise that, with respect to any User Content you post on Cognitive.RS, (1) you have the right to post such User Content, and (2) such User Content, or its use by Cognitive.RS as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Cognitive.RS or any entity or individual without express written consent from such individual or entity.
Cognitive.RS may, but has no obligation to, monitor, review, or edit User Content. In all cases, Cognitive.RS reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Cognitive.RS’s sole discretion, violates the Agreements. Cognitive.RS may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Cognitive.RS is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Cognitive.RS RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD COGNITIVE.RS HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
If you provide feedback, ideas or suggestions to Cognitive.RS in connection with the Cognitive.RS Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Cognitive.RS to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Cognitive.RS a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Cognitive.RS respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Cognitive.RS stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Cognitive.RS Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by Cognitive.RS, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Cognitive.RS Service or the Content;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Cognitive.RS Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Cognitive.RS Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Cognitive.RS;
Please respect Cognitive.RS, the owners of the Content, and other users of the Cognitive.RS Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of property rights, privacy rights, or proprietary rights of Cognitive.RS or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Cognitive.RS inbox;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Cognitive.RS;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Cognitive.RS;
- interferes with or in any way disrupts the Cognitive.RS Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Cognitive.RS’s computer systems, network, usage rules, or any of Cognitive.RS’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Cognitive.RS.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Cognitive.RS account. You also agree that Cognitive.RS may also reclaim your username for any reason.
Please be thoughtful about how you use the Cognitive.RS Service and what you share. The Cognitive.RS Service includes interactive features, including the ability to post User Content and share content. Remember that shared or publicly available information may be used and re-shared by other users on Cognitive.RS or across the web, so please use Cognitive.RS carefully and be mindful of your account settings. Cognitive.RS has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
Cognitive.RS respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please notify us. If Cognitive.RS is notified by a copyright holder that any Content infringes a copyright, Cognitive.RS may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Cognitive.RS with a request to restore the removed content.
Cognitive.RS will make reasonable efforts to keep the Cognitive.RS Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Cognitive.RS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Cognitive.RS Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Cognitive.RS Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Cognitive.RS permanently discontinues prior to the end of the Fixed Term Period (defined in the Payments and cancellations section), Cognitive.RS will refund you the prepaid fees for the Fixed Term Period after such discontinuation. You understand, agree, and accept that Cognitive.RS has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Cognitive.RS and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Contact Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Cognitive.RS’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Cognitive.RS under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
Paid Subscriptions can be purchased directly from Cognitive.RS either by (1) paying a monthly subscription fee; or (2) fix-term giving you access to the Cognitive.RS Service for a specific time period (“Fixed Term Period”).
Unless your Paid Subscription has been purchased as a Fixed Term Period, your payment to Cognitive.RS will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your manage my account page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
Cognitive.RS may change the price for the Paid Subscriptions, Fixed Term Period (for periods not yet paid for) from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Cognitive.RS Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Cognitive.RS Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
The Agreements will continue to apply to you until terminated by either you or Cognitive.RS. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Cognitive.RS may terminate the Agreements or suspend your access to the Cognitive.RS Service at any time, including in the event of your actual or suspected unauthorised use of the Cognitive.RS Service and/or Content, or non-compliance with the Agreements. If you or Cognitive.RS terminate the Agreements, or if Cognitive.RS suspends your access to the Cognitive.RS Service, you agree that Cognitive.RS shall have no liability or responsibility to you and Cognitive.RS will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Cognitive.RS account, please contact us through the contact us form. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 6, 7, 8, 10, 12, 14, 15, 16, 17, 18, 19, 20, 21, and 22 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE COGNITIVE.RS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE COGNITIVE.RS SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COGNITIVE.RS AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER COGNITIVE.RS NOR ANY OWNER OF CONTENT WARRANTS THAT THE COGNITIVE.RS SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, COGNITIVE.RS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE COGNITIVE.RS SERVICE OR ANY HYPERLINKED WEBSITE. YOU UNDERSTAND AND AGREE THAT COGNITIVE.RS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE COGNITIVE.RS SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM COGNITIVE.RS SHALL CREATE ANY WARRANTY ON BEHALF OF COGNITIVE.RS IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE COGNITIVE.RS SERVICE IS TO UNINSTALL ANY COGNITIVE.RS SOFTWARE AND TO STOP USING THE COGNITIVE.RS SERVICE. WHILE COGNITIVE.RS ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO COGNITIVE.RS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COGNITIVE.RS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE COGNITIVE.RS SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER COGNITIVE.RS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE COGNITIVE.RS SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO COGNITIVE.RS DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Cognitive.RS’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Cognitive.RS, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Cognitive.RS only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and Cognitive.RS, the Agreements constitute all the terms and conditions agreed upon between you and Cognitive.RS and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Cognitive.RS or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Cognitive.RS’s or the applicable third party beneficiary’s right to do so.
Cognitive.RS may assign the Agreements or any part of them, and Cognitive.RS may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Cognitive.RS harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Cognitive.RS Service; and (4) your violation of any law or the rights of a third party.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COGNITIVE.RS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Cognitive.RS agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 22.3. is enforceable, the following mandatory arbitration provisions apply to you:
You and Cognitive.RS agree that any dispute, claim, or controversy between you and Cognitive.RS arising in connection with or relating in any way to these Agreements or to your relationship with Cognitive.RS as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause (22.2.1) above, you and Cognitive.RS both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
22.2.3 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Cognitive.RS will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles.
22.2.4 Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
22.2.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Cognitive.RS's address for Notice is listed at the bottom of this agreement. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Cognitive.RS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Cognitive.RS shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Cognitive.RS shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Cognitive.RS in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Cognitive.RS shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that Cognitive.RS makes any future change to this arbitration provision (other than a change to Cognitive.RS's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Cognitive.RS's address for Notice, in which case your account with Cognitive.RS shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If you have any questions concerning the Cognitive.RS Service or the Agreements, please contact Cognitive.RS customer service by visiting the Contact Us section of our website.
Thank you for reading our Terms. We hope you enjoy Cognitive.RS!
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