Last updated November 25, 2020
- Agreement to Terms
- Acceptable Use
- Information You Provide To Us
- Content You Provide To Us
- Our Content
- No Medical Diagnosis
- Links to Third Party Content
- Management of Services
- Modifications To and Availability of the Services
- Disclaimer/Limitation of Liability
- Term and Termination
- Virtual Reality and Mobile Applications
1. Agreement to Terms
Thank you for visiting Cognivive!
- By accessing our platform, which includes the website, web portal, mobile application, virtual rehabilitation software, data storage and processing, hardware/equipment, training, support, consultations, workshops (collectively, the “Services”), you agree to be bound by the terms and conditions of this Agreement.
- You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of this Agreement.
- IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
- Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.
- We may make changes to this Agreement at any time. The updated version of this Agreement will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing this Agreement to stay informed of updates. Your continued use of the Services represents that you have accepted such changes.
2. Acceptable Use
- You are responsible for the way in which you access and use the Services and for any materials stored, posted or uploaded to, or distributed or transmitted through, the Services by or on behalf of you.
- You shall use commercially reasonable efforts to prevent any unauthorized access to or use of the Services and, in the event of any such unauthorized access or use, shall promptly notify us.
- You shall comply with all applicable laws, regulations, rules and codes with respect to your activities relating in any way to your use or exploitation of the Services.
- Your access to this Services is provided on a temporary basis with no guarantee for future availability.
- We reserve the right to withdraw or modify any content or services we provide on the Services without notice.
- You may not access or use the Services for any purpose other than that for which we make our services available.
- The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of these Services, you agree not to falsely imply a relationship with us or another company with whom you do not have a relationship.
3. Information You Provide To Us
- You represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete and relate to you and not a third party;
- You will maintain the accuracy of such information and promptly update such information as necessary;
- You will keep your password confidential and will be responsible for all use of your password and account;
- You have the legal capacity and you agree to comply with this Agreement; and
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.
- If you know or suspect that anyone other than you knows your user information (such as an identification code or username) and/or password you must promptly notify us at email@example.com.
- If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
4. Content You Provide To Us
- There may be opportunities for you to post content to the Services or send feedback to us (“User Content”). You understand and agree that your User Content may be viewed by other users on the Services, and that they may be able to see who has posted that User Content.
- You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Services and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our services, you grant us the following rights to use that content:
- In posting User Content, including reviews or making contact with other users of the Services you shall comply with our Acceptable Uses outlined above.
- You warrant that any User Content does comply with our Acceptable Uses, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
- We have the right to remove any User Content you put on the Services if, in our opinion, such User Content does not comply with the Acceptable Uses of the Services.
- We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Services do not represent our views or values
5. Our Content
- Unless otherwise indicated, the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (“Our Content”) are owned by, or licensed to, us, and are protected by copyright and trademark laws.
- Except as expressly provided in this Agreement, no part of the Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Provided that you are eligible to use the Service, you are granted a limited licence to access and use the Services and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
- You shall not (a) try to gain unauthorised access to the Services or any networks, servers or computer systems connected to the Services; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Services or Our Content, including the modification of the paper or digital copies you may have downloaded.
- We shall (a) prepare the Services and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Services that contains viruses.
- The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Services.
- Although we make reasonable efforts to update the information on our services, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Services is accurate, complete or up to date.
6. No Medical Diagnosis
- Our Services are intended to provide you with a wide range of immersive applications, games, hardware, and content to aid in the training and recovery of physical and cognitive performance.
- The design and function of the Services and Our Content are not intended to function as medical advice. Although certain aspects of Our Content have been prepared in consultation with healthcare professionals, Our Content is not intended as medical diagnosis or treatment in lieu of consultation with a health care provider. Never disregard professional medical advice or delay seeking it because of information provided by the Services.
- PLEASE CONSULT YOUR HEALTH CARE PROVIDER REGARDING ANY SPECIFIC DIAGNOSIS, TREATMENT OR HEALTH QUESTIONS. IF YOU ARE EXPERIENCING AN URGENT MEDICAL CONDITION, IMMEDIATELY CALL 911.
7. Links to Third Party Content
- The Services may contain links to websites or applications operated by third parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
- We accept no responsibility for adverts contained within the Services. If you agree to purchase goods and/or services from any third party who advertises in the Services, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
8. Management of Services
- We reserve the right at our sole discretion, to:
- Monitor the Services for breaches of this Agreement;
- Take appropriate legal action against anyone in breach of applicable laws or this Agreement;
- Refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions;
- Remove from the Services, or otherwise disable, all files and content that are excessive in size or are in any way a burden to our systems; and
- Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
- We do not guarantee that the Services will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programs and platform to access the Services and you should use your own virus protection software.
9. Modifications To and Availability of the Services
- We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
- We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
- You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
- We are not obliged to maintain and support the Services or to supply any corrections, updates, or releases.
- There may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
10. Disclaimer/Limitation of Liability
- The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk except as expressly set out in this Agreement. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
- We make no warranties or representations about the accuracy or completeness of the Services’ content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party. We will not be responsible for any delay or failure to comply with our obligations under this Agreement if such delay or failure is caused by an event beyond our reasonable control.
- NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT.
11. Term and Termination
- This Agreement shall remain in full force and effect while you use the Services or are otherwise a user of the Services, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at firstname.lastname@example.org.
- Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in this Agreement or of any applicable law or regulation.
- If we determine, in our sole discretion, that your use of the Services is in breach of this Agreement or of any applicable law or regulation, we may terminate your use or participation in the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
- If we terminate or suspend your account for any reason set out in this Agreement, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. Virtual Reality and Mobile Applications
- If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this Agreement.
- The following terms apply when you use a mobile application obtained from either the Apple Store, Google Play, or HTC VIVEPORT (each an App Distributor) to access the Services:
- The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
- We are responsible for providing any maintenance and support services with respect to the mobile application as specified in this Agreement or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
- In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
- You represent and warrant that (i) 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
- You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
- You acknowledge and agree that the App Distributors are third party beneficiaries of this Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
- Shipping & Delivery. We will use commercially reasonable efforts to deliver the Hardware to you within 2 to 15 business days after a request to lease the Hardware is placed. However due to Hardware availability, processing, the delivery destination and other circumstances outside of our control, delays may occur. If you have not received the Hardware after 2 weeks please contact us at email@example.com. If the Hardware arrives damaged you must contact us immediately and we will arrange for the Hardware to be returned to us. In the instance that you provide an incorrect delivery address we will not be responsible or loss or damage suffered by you, if the Hardware is delivered to the incorrect address that you have supplied.
- Return. At the conclusion of your use of our Services, you must return the Hardware to us or any third-party we designate. The Hardware must be placed in the original box (or a different suitable shipping box) and properly sealed. We will provide you with a return information for shipping. If you have questions about return shipping information, please contact us.
- You will indemnify, defend and hold harmless Cognivive and its directors, employees, and agents (collectively, “Cognivive Parties”) from and against any and all liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) (collectively, “Losses”) arising from any third party claim, action, lawsuit or other proceeding (collectively, “Claims”) relating to any action or proceeding brought by a third party against any one or more of the Cognivive Parties:
- Alleging injury damage, or loss resulting from your use of the system;
- Alleging that your content infringes a copyright, patent, or trademark or misappropriates a trade secret of a third-party;
- Related to any act or omission by you which is a breach of your obligations under this agreement; and
- Your use of information or results obtained through the Services.
- Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
- This Agreement and any policies or operating rules posted by us on the Services constitutes the entire agreement and understanding between you and us.
- Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
- We may assign any or all of our rights and obligations to others at any time.
- We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
- If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
- There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the Services.
- You are not permitted to use trademarks of Cognivive without our approval, unless it is explicitly stated as part of our Services that their use by you is permitted.
- A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
- In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at firstname.lastname@example.org or by post to:
2003 Baywood Lane
Davis, CA 95618