BY ACCESSING OR OTHERWISE USING THE COGNELLA SITE, UNIVERSITY READERS SITE, COGNELLA ACTIVE LEARNING SITE, OR ANY OTHER SITE THAT COGNELLA OPERATES OR MAY OPERATE IN THE FUTURE (REFERRED TO HEREIN AS THE “SITE”), YOU AGREE TO THE TERMS OF USE BELOW.

Terms of Use

  1. Our Agreement. These Terms of Use (“Agreement”) relate to (1) registration with Cognella, Inc., including the imprint Cognella Active Learning (“Cognella”), and (2) use of the Site.  We may alter this Agreement at any time.  Cognella will post these updates on the Site, at which time the changes will be effective immediately.  Any continued use of the Site and any of its related resources will constitute acceptance of this Agreement.  It is the responsibility of the user to appropriately review the effective Terms of Use, as they are legally binding.
  2. The Site and its entire contents, including any and all design, text, graphics, images, the selection and arrangement thereof, any and all software provided to facilitate the use of the Site, and any and all trademarks, service marks, trade names, or other proprietary materials appearing on the Site (“Content”) are the sole and exclusive property of Cognella, Inc., unless otherwise noted.  No title, ownership, or other interest in or to the Content shall pass to you or any other user except as expressly provided under these Terms of Use.
  3. Grant of License. In consideration of your acceptance of this Agreement and the payment by you in full for any applicable Cognella product access, Cognella grants to you a non-exclusive, non-transferable and limited license to use the Site as permitted herein.
  4. You will acquire, at your own sole cost, all the required equipment, software, and software licenses needed to access the Site.
  5. Use Restrictions. Any use of materials on this Site, including reproduction, modification, distribution, republication, or sale without the prior written permission of Cognella, Inc. is strictly prohibited.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You may not sublicense, transfer, or otherwise make available the Site or the accompanying Content to any third party for commercial purposes.  You may not transfer the Site or its Content into any other media or in any other location.  You will keep your account and access information (including, but not limited to, access codes, username, and password) secure from unauthorized usage and will notify Cognella in writing of any loss or theft of your password or any unauthorized use of your account.
  6. Cookie Usage. Cognella utilizes standard cookie technology to recognize the computer of users who have visited the Site previously in order to gather information about usage patterns and enable certain website functionalities.  This allows Cognella to store your login information and tailor your visit to the Site, along with aggregating information used to improve the Site and provide traffic data.  The compiled information from cookies is for internal use only, and the only personal information a cookie can contain is information you supply voluntarily.  Cookies cannot read data off your hard disk or read cookie files created by other sites.  Please note that blocking the placement of cookies may disable or hinder certain Site functionalities.
  7. Links to Third-Party Websites. All links are provided as a convenience and reference tool only. The Site may contain links to third-party websites, either provided as a convenience to the user or as part of a third-party advertisement.  Cognella does not endorse the content of linked third-party websites nor any products or services that may be offered thereon and does not make any representations regarding the content or accuracy of materials on such third-party websites.  If you decide to access linked third-party websites, you do so at your own risk.  Cognella cannot guarantee that such third-party websites will be available for your usage.  Your use of third-party websites is subject to any terms and conditions of use for such websites.
  8. Right to Shut Down, Deny or Limit Access. Cognella reserves the right to limit or revoke your access to this Site at its sole discretion, at any time and for any reason, including, but not limited to, any violation of these Terms of Use or in the event of website corruption or other technical difficulties.  If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
  9. You agree to defend, indemnify, and hold Cognella, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions, or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or any other portion or aspect of the Site in a manner that violates or is alleged to violate this Terms of Use.  Cognella shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.
  10. Disclaimer/Limitation of Liability. This Site is provided “as is,” and you agree that your use of the Site is at your sole risk.  Cognella reserves the right to change or discontinue at any time any aspect or feature of this Site and makes no warranty regarding the accuracy or suitability of the Content on the Site.  Except as specifically stated on this site, neither Cognella nor any of its directors, employees, or other representatives will be liable for damages arising out of or in connection with the use of this Site.  This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages.  Cognella assumes no responsibility or liability for any losses, damages, or other consequences of any kind resulting from any inability to access or use any of the resources or tools offered on the Site, including any services provided by a third party.
  11. Cognella utilizes industry-standard encryption in correlation with the Privacy Policy noted below.
  12. Choice of Law and Forum. This Agreement will be governed by the laws of the State of California, USA, as if entered into and to be fully performed in California.  The parties agree that any legal action or proceeding arising out of or relating to this Agreement will be instituted only in the City or County of San Diego, and the parties irrevocably submit to the jurisdiction of the state and federal courts located therein.  Each party hereby waives any claim or defense that San Diego is an inconvenient forum.
  13. Reservation of Rights. All rights not expressly granted herein are reserved by Cognella.

 

Privacy Policy

  1. We make every reasonable effort to protect the personal information you provide, including your e-mail address, personal address, and credit card information. We will not sell, rent, or trade your information with any outside parties (unless, of course, we are required to do so by law), although we may, from time to time, share relevant information with your respective instructor, a university administrator, or any of our corporate affiliates as needed to verify user purchases.
  2. This policy does not protect information you post to your profile, chat rooms, or other public forums within our site. You should be aware that when you voluntarily disclose personal information (e-mail address, medical conditions, etc.) in public forums, that information can be collected and used by others and may result in unsolicited messages from other participants or parties.
  3. Cognella may, from time to time, contain links to other sites on the internet. We cannot control and are not responsible for the privacy practices or content of any other website.  We caution you to review the privacy policies of any such sites prior to submitting personally identifiable information.
  4. This Privacy Policy may be modified from time to time; though Cognella will make efforts to notify users of such changes, you are responsible for periodically reviewing the Privacy Policy in order to be aware of any such changes. If you have any questions or concerns about Cognella’s Privacy Policy, please send them to: privacy@cognella.com.


Copyright Notice and Copyright Infringement Claims
 

If you believe your intellectual property has been reproduced or posted to our Site in a fashion that constitutes copyright infringement, please submit your copyright infringement claim per the process noted below.  Please be aware that any infringement notification must be submitted under penalty of perjury, and false claims may result in personal liability.

In your submitted claim, please complete all of the following:

(a) identify the copyrighted work(s) that are claimed to be infringed;
(b) identify the material that is claimed to be infringing and that is to be removed (including information needed to locate the material [the URL(s) of such material is preferred]);
(c) indicate your contact information (including address, phone number, and email address);
(d) include a statement of your good faith belief that the use claimed to be infringing is not authorized by the copyright holder, the copyright holder’s agent, or the law;
(e) include a statement by you, made under penalty of perjury in a United States court of law, that all the information provided in your infringement claim is accurate and that you are either the copyright holder or an authorized party acting on behalf of the copyright holder; and
(f) include your physical or electronic signature.

Please send all copyright infringement claims to: Cognella, Inc., 3970 Sorrento Valley Blvd., Suite 500, San Diego, CA 92121; E-mail: copyright@cognella.com; Attn: Copyright Agent.

Revised 04/18