CogniCare (the "Site") provides an online informational service. You must comply with the following terms and conditions. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not agree to be bound by these terms and conditions, then please do not access or use the site. CogniCare Pro MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. You agree to review the agreement periodically in order to be aware of any changes and your understanding of the modified agreement.
1. Copyright, licenses and idea submissions.
All contents on the Site are protected under international copyright laws and trademark laws. CogniCare Pro or its affiliates, or third-party licensors own the copyrights. You may not modify, copy, reproduce, redistribute, upload, post, transmit, or distribute, in any way, the material on the site, including text, graphics, code, and/or software. You may print or download material from different areas of the Site for your personal, non-commercial use. However, you must not alter or remove any copyright notices or proprietary information. You agree to grant CogniCare Pro an unlimited, non-exclusive license with the right to assign, for the reproduction, distribution, transmission, creation of derivative works, public display, and public performance of any materials or other information you submit in any of the publicly accessible areas of the site (such as forums, bulletin boards and newsgroups), or via e-mail. This includes ideas that are contained within the materials or other information. CogniCare Pro also has the right to use the name you provide in conjunction with any materials or other information submitted, as well as all marketing and promotional materials related to the same. You agree to waive any claim against CogniCare Pro if you believe that CogniCare Pro has violated or misappropriated any proprietary rights in any communication sent to CogniCare Pro.
TRADEMARKS.
CogniCare pro is the sole owner of all trademarks and service marks for any publications, products, contents or services referred to on this site or in the Site. The trademarks and service marks of CogniCare Pro may appear on other product or company names.
2. Use the Site.
CogniCare Pro is not responsible for any information or products on the Internet. All information, services and products offered on the Site, or the Internet in general, are provided by third-parties, who are not affiliated with CogniCare Pro. CogniCare does not warrant or guarantee that any files downloaded from the Site are free of viruses, worms or Trojan horses. It is your responsibility to implement sufficient procedures and checks to meet your specific requirements for data input and output accuracy, and to maintain a method external to the site for the recovery of lost data.
You assume total responsibility and risk for your use of the site and internet. CogniCare pro PROVIDES THE WEBSITE AND RELATED INFO "AS IS", AND DOES NOT MAKE AN EXPRESSED OR IMPLIED GUARANTEE, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH REGARD THE SERVICE, ANY PRODUCT INFORMATION OR SERVICE PROVIDED ON THE INTERNET OR THROUGH THIS SERVICE, AND CogniCare pro SHALL NOT BEEN LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY It is your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the service or on the Internet generally. DOES NOT WARRANT THE SERVICE WILL PERFORM UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED.
You understand that the nature of Internet is uncensored material, some of which may be sexually explicit or offensive to you. You are solely responsible for any damage caused by such materials. CogniCare Pro HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
CogniCare pro will not be liable for any (I) INCIDENTAL CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use or inability to use the service, or any information, transactions provided on, downloaded from, or otherwise obtained through, this service, nor for any delay in providing such information, services, EVEN CogniCare Pro OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. A LIMITATION ABOVE MAY NOT APPLY TO YOUR CASE BECAUSE SOME AREAS DO NOT ALLOW FOR THE EXCLUSION OF LIABILITY OR LIMITATIONS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. In such states, Daily Health's LIABILITY is limited to the maximum extent permitted by law.
CogniCare Pro does not make any representations about other websites that you might access via this Site or those which link to it. Please be aware that CogniCare Pro does not control the content of any non-Daily Health website. A link to a CogniCare Pro website does not mean CogniCare Pro endorses the site or accepts responsibility for its content or use.
3. Indemnification.
You agree to indemnify and defend CogniCare Pro and its officers, directors and employees as well as any third-party information providers of the Service. This includes reasonable attorney's fees.
4. Third Party Rights
The paragraphs 2 and 3 (Use of the Service) and their provisions (Indemnification), are to the benefit of CogniCare Pro, its officers, directors and employees, as well as any third-party information providers. These individuals and entities have the right, on their own behalf, to assert these provisions against you.
5. Termination.
The parties may terminate this agreement at any time without prior notice for any reason. The provisions of the paragraphs 1 (Copyrights, Licenses and Idea Submittals), 2(Use of the Service),3 (Indemnification),4 (Third Party Rights), and 6 (Miscellaneous), shall survive any termination of the Agreement.
6. Miscellaneous.
The United States of America laws will govern and interpret this Agreement. Daily Health and you agree to bring any legal action between them or any proceeding they may have in relation to this Agreement, or their obligations under it, exclusively before a federal or a state court of the United States of America. You must bring any claim or action you have against the Service within one (1) calendar year of the date the claim or action arose. Otherwise, the claim or action will be barred. CogniCare Pro's failure to insist on or enforce strict compliance with any provision of this Agreement will not be construed by any party as a waiver. The course of conduct or trade practices between the parties will not modify this Agreement. Daily Health can assign its rights and responsibilities under this Agreement at any time, without notifying you.
All rights reserved.