Terms

Web Site Terms and Conditions of Use

Revised date: December 14, 2020

These terms and conditions of use govern your use of the entire Kognitiv.com domain and Web site (referred to hereafter as the “Site”). The Site is the property of Kognitiv Corporation (“Kognitiv”) and its licensors.  BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE: IF YOU DO NOT AGREE, DO NOT USE THE SITE.  Kognitiv may modify these terms and conditions from time to time at its discretion and without notice, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of any part of or the entire Site will constitute your agreement to any such modifications. Your use of the Site (including any submission of Submissions (defined below)) must comply with these terms and conditions, all applicable laws and Kognitiv policies.

Rights in the Site

The Site and all of its content are protected by copyrights, trade-mark, and other applicable intellectual property and proprietary laws, and is owned, controlled, and/or licensed by Kognitiv and/or its affiliates or licensors. The Site and its contents are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Site without the expressed written consent of the applicable rights holder.

Use of the Site

You may not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt or in any way exploit the contents of the Site. You will use the Site and any contents of the Site solely for lawful purposes. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute available content. You may not take any action to interfere with, or disrupt, the Site or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions of use. No permission is given to you to link or provide references to the Site and to use any of Kognitiv’s icon, site address, and trademarks to provide such links or references, unless you have written agreement with Kognitiv’s permission.

Kognitiv may or may not request submissions, including but not limited to reader comments, questions, testimonials, unsolicited manuscripts, transparencies, illustrations or the like (collectively “Submission(s)”). By accessing the Site, you acknowledge that you are responsible for whatever Submissions you submit, and you, not Kognitiv, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Kognitiv may welcome your comments on the Site however, whether in response to a specific request for Submissions or not, Kognitiv and its partners shall have no obligation to review or respond, in any manner, to said Submissions. Notwithstanding the foregoing, Kognitiv reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Kognitiv and its partners do not accept any responsibility for the safe arrival of any Submissions. You agree that any Submission that you submit to the Site, to Kognitiv or its third-party suppliers will be treated as non-confidential and non-proprietary.

Any Submission you do make to Kognitiv, whether requested or not, shall become the exclusive property of Kognitiv. By submitting, such submissions, you grant Kognitiv, its affiliates and assignees a worldwide, royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, publish, republish, distribute, edit, store and archive such Submissions in whole or in part in any form or medium whatsoever, without liability and without compensation of any sort. You further irrevocably waive any moral rights with respect to your Submissions, in connection with our exploitation of the rights granted to us in this Agreement. You agree that Kognitiv shall be free to use any ideas, inventions, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including but not limited to developing and marketing products and services incorporating such Submissions. In making a Submission, you knowingly and expressly agree with these terms and conditions of use. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Submissions.

Privacy and Collection of Personal Information

Kognitiv’s Privacy Policy applies to use of the Site, and its terms are made a part of these terms and conditions of use by this reference. To view Kognitiv’s Privacy Policy, click here.

The Site uses cookies and other device identifying technologies to provide you with a better experience when using the Site.  To view our Cookies Policy, click here.

Information Accuracy

Kognitiv uses commercially reasonable efforts to ensure that the information contained on the Site is accurate but does not in any way guarantee the accuracy, completeness or authenticity of such information. All information is provided for informational purposes only and is not intended for trading or other purposes. Kognitiv assumes no responsibility with respect to the sequence, accuracy, or completeness of any such information and is not liable or responsible in any way for any delays, inaccuracies, or errors in any such information or in the transmission of any such information.

Representations and Warranties

By using or accessing the Site or submitting any Submissions, you represent and warrant that you:

  • are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
  • have obtained all necessary approvals, consents and authorizations from any third party to submit any information, including Submissions or personal information, and to delete and/or modify such information; and
  • have submitted or will submit, information, content or material which is true and accurate.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

KOGNITIV MAKES NO WARRANTY, EXPRESS OR IMPLIED CONCERNING THE CONTENT, SOFTWARE OR SERVICES AVAILABLE THROUGH THE SITE WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE”. KOGNITIV DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. KOGNITIV DOES NOT REPRESENT OR WARRANT THAT THERE WILL BE NO FAILURES, ERRORS, OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED DUE TO THE EXPOSURE OR USE OF THE SITE.

KOGNITIV, ITS AFFILIATES, ITS LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY AND SHALL IN NO WAY BE RESPONSIBLE OR LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, TIME, INTERRUPTION, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE SITES OR ANY OTHER SITE YOU MAY ACCESS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE RELIANCE ON OR USE BY YOU OR ANY OTHER PERSON OF ANY OF THE INFORMATION, OPINIONS OR PRODUCTS ADVERTISED, EXPRESSED, OR OTHERWISE, THAT ARE CONTAINED IN THE SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

Links to Third Party Sites

The Site may provide you with convenient links and references to third-party web sites. The inclusion of any information, material, content or links on the Site should not be necessarily construed as an express nor an implied endorsement of any third-party products or services. Unless otherwise indicated, these third-party sites and content are provided for your convenience only and not maintained, operated or controlled by Kognitiv, and Kognitiv has not reviewed the content thereof, does not provide any representations or guarantees with respect thereto and takes no responsibility for the content thereof. You assume sole liability for the use or access of such third-party sites and content.

The Site may also provide you convenient links and references to other web sites run by Kognitiv’s related companies. Terms and Conditions for the use of these websites can be found on the respective websites of each company. The content of these or the third-party web sites is in no way incorporated into the Site.

Indemnification

As a condition of your use of the Site and to the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Kognitiv, its affiliates, licensors, related companies, partners, suppliers and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of these terms and conditions of use; (b) your use of the Site and any content contained in the Site; and (c) the submission of any Submissions on the Site made by you. Kognitiv reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.

Recourse

If you are dissatisfied with the Site or with these terms and conditions, your sole and exclusive remedy is to discontinue using the Site. In such an event, you agree to destroy all materials obtained by you from the Site and all copies thereof. These terms and conditions shall survive any such termination.

Governing Law and Other Terms

By using the Site you agree that these terms and conditions of use are governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada. You expressly agree that any legal suit, action or proceeding arising out of or related to the Site or these terms and conditions of use must be instituted in courts of Ontario Canada. 

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. 

No waiver by either Kognitiv or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

Trademarks

The logos of Kognitiv and its related companies are trademarks of such companies. Any other trademarks, or corporate, trade or domain names used in the Site are the property of their owners. Other product, services and company names mentioned herein or on the links hereto may be trademarks and/or service marks of their respective owners.

Miscellaneous

These terms and conditions of use, including all other documents referenced herein are binding and constitute an agreement between Kognitiv and you with respect to your use of the Site. If any part of these terms and conditions of use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining portions hereof.  

Kognitiv’s failure to insist upon or enforce strict performance of any provision of that agreement shall not be construed as a waiver of any right on its part.

You expressly agree that these terms and conditions of use and all ancillary documents be drafted solely in English; Vous acceptez que les présentes conditions générales d'utilisation et tous les documents soient rédigés uniquement en anglaise.