Terms of Use

Welcome to the Cogence visitor website (“Visitor Website”), owned and operated by Cogence, LLC (“Cogence”). Cogence offers you, the visitor (“Visitor”) to this Visitor Website, access to online materials, including written materials, instructional videos, and other services and products related to functional immunology and related health topics. Your use of this Visitor Website is subject to the following Terms and Conditions.

This Visitor Website does not provide medical advice. All health and health-related information contained within this Visitor Website is intended to be general in nature and for informational and educational purposes only. It is not intended to be a substitute for professional health advice, diagnosis or treatment or a professional’s independent medical judgment.

Intellectual Property

The entire contents of the Cogence Visitor Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations, are the property of Cogence (or its affiliates or licensors) and are protected by copyright, trademark, or other intellectual property laws (except that when applicable, copyright to cited materials is retained by the authors of the articles cited or the assigned rights holders, as stipulated by United States copyright law, or unless otherwise indicated on the subject material). The trademarks, service marks and logos (including the name “Cogence” and the tagline “Shaping the Future of Functional Immunology”) used and displayed on this Visitor Website belong to Cogence or others, as applicable. Nothing on this Visitor Website should be construed as granting—by implication, estoppel, or otherwise—any license or right to use any trademark displayed on this Visitor Website without the prior written permission of the trademark owner. This Visitor Website is copyrighted.

Subject to the exceptions set forth below, you may not use the Visitor Website in a manner that constitutes an infringement of our rights or that has not been authorized by Cogence.

Use of Material

You may display and view the Visitor Website content for your own individual use that is of a clinical, personal, scholarly, educational, or scientific nature. You may use downloadable documents, provided they are not altered in any way, including but not limited to removal of the Cogence logo. You may share links to pages where videos are hosted, but you may not download the videos or post them elsewhere.

Warranty Limitations

All materials contained in this Visitor Website are provided on an “as is” basis, without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The use of contents of this Visitor Website is at the Visitor’s own risk.

Cogence does not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards or the servers that make it available are free of viruses or other harmful components.

Limitations on Liability

Neither Cogence nor anyone else involved in creating, producing, or delivering the materials contained in this Visitor Website (including Cogence’s officers, directors, managers, members, shareholders, and agents) shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of the Visitor’s use of or inability to use the contents of this Visitor Website, even if Cogence or any such persons noted above are advised beforehand of the possibility of such damages.

Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiaries, parent companies and affiliates, is limited to the fullest extent permitted by such state law.

Indemnification

You agree to defend, indemnify and hold Cogence and any individuals or entities affiliated with Cogence (including officers, directors, members, managers, and employees) harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Visitor Website or application of knowledge gained by it, (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party’s rights, including any right of privacy, publicity rights, or intellectual property rights; or (iv) any other circumstance in which Cogence becomes involved in legal action arising from your involvement with or connection to Cogence, electronically or in person.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Visitor Website for any purpose. You also agree not to: (i) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Visitor Website or any activities conducted on the Visitor Website; or (iii) bypass any measures we may use to prevent or restrict access to the Visitor Website.

Links

This Visitor Website may contain links to other sites as a convenience to you. Cogence does not monitor and has no control over the information and privacy policies and practices of those websites. Nor is it responsible for their content, collection and use of information, or freedom from error or viruses. Cogence assumes no responsibility for any materials contained in any third-party website. Links to other websites do not necessarily constitute endorsement of products, services, or ideas, described or appearing in other resources. Visitors assume sole responsibility for accessing third-party websites and using the content on those sites. It is your responsibility to recognize, by paying attention to your browser’s address bar, when you are leaving Cogence’s Visitor Website.

Cookies

A cookie is a small piece of information that a website puts on a hard drive so that it can remember information about a user at a later date. To use this Visitor Website, Visitors must have their browsers set to accept cookies. By using this Visitor Website, you consent to the use of cookies.

Additional Terms

You must provide and are solely responsible for all hardware or software necessary to access this Visitor Website. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and or software.

You acknowledge that you may incur charges from your wireless carrier, internet service provider, or other method of internet or data access by using this Visitor Website and that payment of any such charges will be your sole responsibility. You agree that your use of the Visitor Website will be in accordance with all requirements of your wireless carrier, internet service provider, or other method of internet or data access. We do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

Governing Law

These Terms and Conditions constitute the entire agreement between you and Cogence with respect to your use of this Visitor Website and any interactions you have with Cogence, LLC and its members, managers, officers, agents, or employees, electronically or in person.

You agree that any action at law or in equity arising out of or relating to the Terms or to Cogence, LLC will be filed only in the state or federal courts in and for Orange County, North Carolina, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, without regard to any conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Visitor Website or any other circumstance involving Cogence, its members, managers, agents, or employees, must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with Cogence exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the County of Orange County, North Carolina. You agree that any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction. You agree that if any portion of these Terms and Conditions or Privacy Policy is found by an arbitrator or court of competent jurisdiction to be invalid, the arbitrator or court shall nevertheless give effect to the parties’ intentions expressed therein. All other provisions of these Terms and Conditions and Privacy Policy remain in full force and effect.

Notwithstanding this, Cogence, LLC shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.

Improperly Filed Claims

All claims you bring against Cogence, LLC and its members and managers must be resolved in accordance with the Section on Governing Law of these Terms and Conditions (“Section”). All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Cogence, LLC may recover all attorneys’ fees and costs involved in defending said filing.

Waiver

Any failure by Cogence to exercise any rights or to enforce any of the terms of the Terms and Conditions or Privacy Policy shall not constitute a waiver of such rights or terms.

Digital Millennium Copyright Act

In operating this Visitor Website, we may act as a “services provider” under the Digital Millennium Copyright Act (the “Act”) and offer services as an online provider of materials and links to third-party web sites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Visitor Website. If you believe any material available on this Visitor Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the Act (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Any notice of copyright infringement under the Act should be sent to Cogence, LLC using the contact information that appears on the website.

Right to Change Terms and Conditions

We reserve the right to change these Terms and Conditions or impose new conditions on the use of this Visitor Website at any time. We will post any changes to the Terms and Conditions on this Visitor Website and update the “Last Updated” date to reflect the date of the changes. If we make a material change to the Terms and Conditions, we will not enforce the material change retroactively (i.e., to use of the Visitor Website before the change) unless we notify you by posting a notice of the change on the Visitor Website or otherwise notify you of the changes. By continuing to use the Visitor Website after we post (or notify you of) any changes, you accept the modified Terms and Conditions.

Last Updated:

These Terms and Conditions are version 1.0. Last Updated: July 22, 2018.

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