Terms of Service

CognitiveVR Terms of Service

Revision No. 2 | May 8th, 2017


Terms of Use

Welcome to this website, owned and operated by CognitiveVR, Inc. (“CognitiveVR”). By visiting this site (this “Site”), you accept and agree to be bound by these terms of use (these “Terms of Use”), including any future changes that we may adopt to these Terms of Use, and to abide by all applicable laws, rules and regulations (collectively, “Applicable Law”). Please read these Terms of Use carefully. CognitiveVR may change these Terms of Use at any time, and all such changes will be effective upon posting on this Site. Your continued use of this Site following any such change to these Terms of Use constitutes your acceptance and agreement to be bound by these Terms of Use as so modified. We encourage you to read these Terms of Use regularly. Your access to and use of certain CognitiveVR services may require you to accept additional terms of use applicable to such services.

If you do not agree to these Terms of Use, do not submit information to or access information from this Site. All questions concerning these Terms of Use should be directed to:

CognitiveVR, Inc.
912 - 525 Seymour Street
Vancouver, BC
Canada
V6B 3H7
Attn: Terms of Service

Registered Users

Portions of this Site are available only to registered users (“Users”) of this Site. Such Users are typically accessing this Site for the benefit of their employers who are CognitiveVR customers (“Customers”) and are also bound by any agreements that their employers may have with CognitiveVR with respect to the use of this Site or to the services that CognitiveVR provides. User rights cannot be assigned, sublicensed, distributed, shared, or otherwise transferred to anyone without CognitiveVR’s express written permission.

As a User, you will maintain a confidential User name and password (“Log-in Information”), which you will use each time you log on to this Site. You agree that you will not share your Log-in Information with any other person or entity and that you will be responsible for all activity on this Site that originates from any User logged into this Site with your Log-in Information. CognitiveVR is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Log-in Information and/or failure to comply with these Terms of Use.

As a User, you agree to maintain accurate contact information including a current mailing address, telephone number and Email address as a condition of use of this Site as a registered User. You agree that CognitiveVR may contact you from time to time, via telephone, Email and regular mail, in connection with your use of this Site or CognitiveVR’s products or services.

CognitiveVR may deny access to the password protected portions of this Site to any User, individually or as part of a broader exclusion of User’s employer, if User or the associated employer fails to abide by these Terms of Use or the terms of any other agreement with CognitiveVR.

Ownership of Intellectual Property

Other than third party materials that CognitiveVR uses in accordance with Applicable Law and content posted by Users, CognitiveVR owns all Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, including the selection and arrangement thereof, trademarks, service marks and trade names (collectively, the “CognitiveVR Elements”). The CognitiveVR Elements are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. CognitiveVR grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your internal business purposes only, one copy of the CognitiveVR Elements and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such CognitiveVR Elements. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any CognitiveVR Elements to any third party (including, without limitation, the display and distribution of the CognitiveVR Elements via your own or a third party website) without CognitiveVR’s express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the CognitiveVR Elements. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. CognitiveVR neither warrants nor represents that your use of the CognitiveVR Elements will not infringe the rights of third parties.

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are registered and unregistered marks of CognitiveVR or are otherwise used in accordance with Applicable Law. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without CognitiveVR’s written permission. Your use of the Trademarks displayed on this Site, except as provided in these Terms of Use, is strictly prohibited.

Disclaimer and Limitation of Liability

THIS SITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CognitiveVR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. THIS SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CONFIDENTIAL INFORMATION, OVER THE INTERNET. EACH USER ACKNOWLEDGES AND AGREES THAT CognitiveVR AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE CUSTOMER’S DATA, WEBSITES, COMPUTERS, OR NETWORKS. CognitiveVR WILL NOT BE LIABLE FOR ANY SUCH ACTIVITIES NOR WILL SUCH ACTIVITIES CONSTITUTE A BREACH BY CognitiveVR OF ITS OBLIGATIONS UNDER THESE TERMS OF USE. CognitiveVR’s services may include gateways, links, or other functionality that allows Users to access third party services (“Third Party Services”) and third party content and materials (“Third Party Materials”). CognitiveVR does not supply and is not responsible for any Third Party Services or Third Party Materials, which may be subject to their own licenses, end-user agreements, privacy and security policies, and terms of use. ALL THIRD PARTY MATERIALS ARE PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND. CognitiveVR MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN ITS GATHERING OR REPRODUCING OF ANY THIRD PARTY MATERIAL, OR AS TO THE ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE SAME.

Information Provided By Users

By providing your own information to this Site, you understand and agree that our use and disclosure of your information will be governed by the terms of the CognitiveVR Privacy Policy [http://www.cognitivevr.co/privacy/] as the same may be updated from time to time. The terms of the CognitiveVR Privacy Policy are incorporated herein by reference.

Use of Information

You may use information that you receive from this Site, only for your internal business use or the internal business use of your employer. Except as expressly permitted by the last sentence of this Paragraph, Users may not display publicly, publish, distribute, or utilize in derivative works any of the content, information or other data that you obtain from this Site and each User further agrees that he or she will not facilitate any of these activities. Subject to applicable copyright laws, Users may share content from public portions of this Site using social media tools such as Twitter®, Facebook® and LinkedIn®, provided in each such instance, proper attribution will be given to CognitiveVR.

Users violating these Terms of Use shall be subject to suspension or termination of their accounts, in CognitiveVR’s sole discretion.

To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) CognitiveVR will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance with the DMCA by providing CognitiveVR with the following information in writing:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and

(f) your physical or electronic signature.

Please send all written correspondence of alleged infringements to:

CognitiveVR, Inc.
912 - 525 Seymour Street
Vancouver, BC
Canada
V6B 3H7
Attn: Terms of Service

You may also contact legal by email corp@cognitivevr.co.

CognitiveVR has not reviewed the sites linked to this Site and is not responsible for the content of any websites owned or operated by third parties. Please note that when you leave this Site, you do so at your own risk.

XE Currency Conversion

The Site provides certain currency conversion services using data provided by XE.com, Inc. Use of any currency conversion tools via this Site is subject to the XE.com, Inc. end user terms of use.

Termination

CognitiveVR reserves the right to terminate the right of any User to access and use this Site at any time without prior notice, with or without cause. Cause for termination includes, but is not limited to, breaches or violations of these Terms of Use, requests by law enforcement, fraudulent or illegal activity by a User, discontinuance or material modification of CognitiveVR services, nonpayment of fees owed by or with respect to a User in connection with CognitiveVR services, or technical or security issues.

Indemnity

You agree to indemnify, defend and hold CognitiveVR and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees and the fees of other professionals) incurred by any Indemnified Party in connection with any breach by you of these Terms of Use or your use of this Site. CognitiveVR reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CognitiveVR’s defense of such claim.

Applicable Law, Venue, Jurisdiction

These Terms of Use and the relationship between you and CognitiveVR shall be governed by the laws of the Province of Britsh Columbia, Canada without regard to any provision of its laws which would require the application of the laws of a different jurisdiction. For any dispute arising under these Terms of Use, you agree to submit to the personal and exclusive jurisdiction of the federal and provincial courts located in British Columbia, Canada. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. To the extent permitted by Applicable Law, you hereby waive any right to trial by jury in connection with any dispute between you and CognitiveVR, its affiliates, and their respective officers, directors, owners, and agents.

Miscellaneous

If any provision of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt will be made to give effect to the intentions underlying such provision to the extent permitted by Applicable Law, and such finding will not affect the balance of these Terms of Use, which will remain valid and enforceable.

CognitiveVR operates and controls this Site from its offices located in Vancouver, British Columbia, Canada. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

Last modified May 8, 2017.