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Website Terms Of Use

Last Updated: July 6, 2018

Important! Your access to this Website is subject to legally binding terms and conditions. Carefully read all of the following terms and conditions before proceeding. Accessing this Website is the equivalent of your signature and indicates your acceptance of these terms and conditions and that you intend to be legally bound by them. If you do not agree with these terms and conditions you must exit the Website.

These Terms of Use (the "Agreement") is an agreement between you ("you") and Cogniciti who is the owner of the Website ("us", "we", "Cogniciti").

By using the Cogniciti website, www.cogniciti.com, or accessing any information, services, assessments, resources or tools via the Cogniciti website (collectively, the "Website"), you agree, without limitation, to comply with these Terms of Use.

The effective date of this Agreement is the earlier of the following dates: (i) the date when you first access or use this Website; or (ii) the date when you click on the "I Understand and Agree" button appearing on the Website. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Cogniciti.

If you do not agree with the Terms of Use as an unregistered user (view only), please leave the Website immediately. Otherwise, your continued use of the Website signals your agreement to abide by these Terms of Use.

By accessing and/or using this Website you acknowledge that you have not been previously suspended or removed from this Website by Cogniciti for any reason, unless since the date of your suspension or removal you have received written authorization from Cogniciti to access this Website.

By accessing and/or using this Website you acknowledge that you have read, understand and agree to comply with these Terms of Use, and all applicable laws.

If you are accessing and/or using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify Cogniciti in accordance with this Agreement.

Some aspects of the Website require the collection, use or disclosure of personal information. For further information about how your personal information (including personal health information) is collected, used and disclosed and how it is safeguarded by Cogniciti, please refer to the Privacy Policy.

As a condition of using the Website, you agree to refrain from any defamatory, harassing, negligent, inaccurate, offensive, or illegal conduct. Cogniciti reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or part of the Website without prior notice and without liability.

The purpose of the Website is to provide general information ("Information") and access to services, assessments, resources and tools ("Resources"). Cogniciti assumes no responsibility, nor liability for the Information or Resources on the Website, nor for any claims, damages or losses resulting from any reliance on or use of the Content, Information or Resources. Cogniciti’s liability is limited except where not permitted by applicable law.

Cogniciti makes great efforts to provide accurate information on the Website. However, Cogniciti disclaims—and you release Cogniciti from any liability regarding—errors, inaccuracies, and omissions of the Website. Cogniciti reserves the right to correct any errors, inaccuracies, or omissions and to change or update Information or Resources at any time without prior notice. Cogniciti makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the Information or Resources available through the Website. If you believe any portion of the Website includes an error or inaccuracy, please notify Cogniciti.

We do not guarantee that our Website or Resources will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You agree that it is solely your responsibility to ensure that your access to this Website complies with the laws of your jurisdiction. We make no representation that information on the Website or any Product or Service is appropriate or available for use outside Canada.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Website, including all related expenses, if any.

Intellectual Property Rights

The Information and Resources provided through the Website are protected by copyright and may only be used in accordance with these Terms of Use. Unless otherwise specified, title to the Information and Resources rests with Cogniciti, or with third parties who have contributed to the Information and/or Resources, except for information and resources, including video excerpts, that are shared on this Website that are not owned by Cogniciti and that are otherwise made publicly available by the owners of the title therein through other sources. Any unauthorized use of the Information or Resources may violate copyright, trademark and other laws.

This Website, including all software code, its content and design (including all Information, Resources and Contributions), is protected under applicable intellectual property and other laws, including without limitation the laws of Canada and other countries. All Information, Resources, Contributions (after these are provided to the Website) and all intellectual property rights therein, are the property of Cogniciti, unless otherwise agreed in a prior written agreement with Cogniciti. You do not acquire ownership rights to any Information, Resources or Contributions, whether viewed or otherwise accessed, through this Website. Except as otherwise provided herein, none of the Information, Resources or Contributions may be used, copied, reproduced, distributed, reverse engineered, republished, downloaded, modified, sold, rented, shared, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic or mechanical copying, photocopying, recording, or otherwise, without Cogniciti’s express prior written permission.

You acknowledge that the unauthorized use of the Website could cause irreparable harm to us, our partners, suppliers, licensors, members and/or customers, and that in the event of an unauthorized use, we will be entitled to any and all remedies at law or in equity, including without limitation injunctive relief, without the necessity of proving monetary damages or posting a bond or other security.

This Website contains trademarks, service marks, trade dress, designs, logos, product and service names, and graphics (collectively, "Trademarks") that are owned by Cogniciti, or by third parties. You are not authorized to display copy or use the Trademarks in any manner without the prior written permission of the rights owner.

All Information, Resources and Contributions, and the selection, arrangement, and presentation thereof, and the overall design, "look and feel", colour combinations, and other graphical elements of the Website are the exclusive property of us, or our partners, licensors or suppliers (collectively the "Website Content"). We, or our partners, licensors or suppliers, own all right, title and interest in and to the Website Content, including without limitation all copyright and other intellectual property and proprietary rights in and to the Website Content.

Your Consent to Our Privacy Policy

By agreeing to this Agreement, you agree to the terms of our Cookie Policy (accessible at Cogniciti.com/Home/CookiePolicy) and our Privacy Policy (accessible at Cogniciti.com/Home/Privacy), which are expressly incorporated herein. Before using this Website, please carefully review the Cookie Policy and the Privacy Policy. Use of the Website will be handled in accordance with the Cookie Policy. All information provided to us as a result of your use of this Website will be handled in accordance with the Privacy Policy. To the extent there are inconsistencies between this Agreement and either of the Cookie Policy or the Privacy Policy, this Agreement controls.

You agree that when using the Website you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, email, messaging, privacy, and the transmission of technical data exported from Canada or the country in which you reside.

You further consent to Cogniciti providing information other than personal information, relating to you and your use of the Website to facilitate the function of the Website and to allow users to utilize the Website.

Your Use of the Website

Subject to the terms of these Terms of Use, you are granted a limited, personal, non-exclusive, non-sub licensable, non-assignable, non-transferable, and revocable license to access and use the Website and related materials that are owned by Cogniciti solely for your own non-commercial use. Except as expressly provided, all rights in the Website and such related materials are reserved. Nothing contained in these Terms of Use or on the Website shall be construed as conferring by implication, estoppel or otherwise any license or right for any intellectual property of Cogniciti or any third party, other than is expressly provided herein.

Except as expressly permitted by these Terms of Use, in connection with the use of the Website, you may not:

  1. alter or modify the Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Website; or
  2. sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or related materials; or
  3. remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
  4. use the Website for any non-authorized purpose or any illegal purpose; or
  5. copy, modify, erase, or damage any information contained on computer servers used or controlled by Cogniciti or any third party; or
  6. use the Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
  7. access or use any password-protected, secure, or non-public areas of the Website, attempt to gain unauthorized access to our Website, the server on which our site is stored or any server, computer or database connected to our site, or access data on the Website not intended for you, except as specifically authorized by Cogniciti; or
  8. impersonate or misrepresent your affiliation with any person or entity; or
  9. use any automated means to access or use the Website, including scripts, bots, scrapers, data miners, or similar software, or display the Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
  10. attempt to or actually disrupt, impair, or interfere with the Website, or any information, data, or materials posted and/or displayed by Cogniciti; or
  11. attempt to probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; or
  12. attempt to interfere with or disrupt access to or use of the Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, logic bomb, or other material that is malicious or technologically harmful; or
  13. attack our site via a denial-of-service attack or a distributed denial-of service attack.

By accepting these Terms of Use, you further agree:

  1. that your use of the Website will not violate any applicable legislation, regulation, rules or standards. You will abide by all policies applicable to the Website as well as all applicable provincial and federal laws of Canada; and
  2. to assume liability for your actions in connection with your use of the Website.

Breach of the provisions listed above, and other provisions herein, may constitute a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Providing Feedback

Should you choose to ask questions or to provide suggestions, ideas, comments, recommendations, feedback, or other information relating to the Website or any Information, Resources or Content ("Feedback"), you (i) agree that the Feedback is not confidential and that you will refrain from providing any personal information; and (ii) assign to Cogniciti (including its successors and assigns) all right, title and interest, including all intellectual property rights, in and to the Feedback. Cogniciti shall be entitled to alter or modify the Feedback as it sees fit and to use and disseminate (or not use) any Feedback for any purpose, without any acknowledgement of contribution and without any compensation being paid to you

User Contribution Standards

The Website may incorporate information, articles, or other content created by third parties (“Contributions”). We will use such Contributions in the Website or any other any media, now known or hereafter developed, at Cogniciti’s sole discretion. We are under no obligation to use any Contribution, and we may remove any Contribution we do use at any time in our sole discretion.

If you wish to complain about Contributions please contact us at info@cogniciti.com.

Cogniciti will not be responsible for any damages you or any third-party may suffer as a result of the submission, transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize Cogniciti to make, or for any errors or any changes made to any submitted, transmitted, stored or received information.

You are solely responsible for the retrieval and use of the Information, Resources and Contributions via the Website. You should apply your own judgment in making any use of any Information, Resources and Contributions, including, without limitation, the use of the foregoing as the basis for any conclusions.

Cogniciti assumes no obligation to update the Information, Resources, Contributions or any other content on this Website (the “Content”). The Content on this Website may be changed without notice to you. Cogniciti is not responsible for any Content or information that you may find undesirable or objectionable. Cogniciti disclaims any liability for unauthorized use or reproduction of any portion of the Website. Accessing the Content from territories where it may be illegal is prohibited.

Confidentiality & Security

There is no guarantee that Content or personal information on this Website or on the Internet, or Contributions or Feedback submitted to this Website or through the Internet, will be maintained confidential and secure. The use of this Website and the Content is at your own risk and Cogniciti assumes no liability or responsibility pertaining to the Content, your use of the Website or the receipt, storage, transmission or other use of your information or personal information.

Linking
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and you abide by the following requirements:

  1. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  2. You must not establish a link to our Website in any website that is not owned by you.
  3. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
  4. The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use.

We reserve the right to withdraw linking permission without notice.

Copyright

If you believe a work protected by a copyright is incorporated in the Website without authorization, you may notify us (at the contact information provided below), and provide the following information:

  1. a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  2. identification of the copyrighted work or works claimed to have been infringed;
  3. a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
  4. your name, mailing address, telephone number, and e-mail address;
  5. a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

To notify Cogniciti of a claimed copyright infringement, please contact:

Cogniciti Inc.
Kimel Family Building
Baycrest Health Sciences
3560 Bathurst Street
Room 718
Toronto, Ontario, Canada
M6A 2E1
(416) 785-2500 x2008
info@cogniciti.com

Links to other Websites & Third Party Content

Links from the Website to other sites, where available, or other publicly available content, does not constitute an endorsement of these sites or content by Cogniciti. These links are provided “as is” and as an information service only. It is your responsibility to evaluate the content and usefulness of information obtained from other sites.

Some Content of the Website is obtained from third parties, and use of such third party Content on the Website does not constitute an endorsement of such third party Content by Cogniciti. All third party Content is provided “as is” and as an information service only. Cogniciti does not make any warranties regarding such third party Content, including but not limited any confirmation of the accuracy thereof or that any such third party Content is up to date. It is your responsibility to evaluate the third party Content and its usefulness.

The Information, Resources and Contributions on the Website including but not limited to questions and answers, messages, text, graphics, images, assessments, reports, tools and other material are for informational purposes only. Nothing on the Website should be construed as medical advice, diagnosis, treatment or the provision of health care. The Information and Resources are not a substitute for the advice from your treating health care professionals. You should always seek the immediate or timely advice of your physician or other qualified health care provider with any questions you may have about a medical condition. You agree not to disregard or delay seeking professional medical advice because of something you have read or seen on the Website. If you require emergency help, contact your local emergency services.

Governing Law

It is acknowledged that the Website is operated from the Province of Ontario, Canada and may be accessed from another province or territory in Canada, or from another country. You agree that by accessing the Website, all matters relating to the Website, Information and Resources shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You further acknowledge and confirm that you are responsible for complying with any applicable local laws, and will not partake in Cogniciti’s services if void where prohibited by law.

We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Cogniciti related to this Website, the Content, the Services, products of Cogniciti, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Cogniciti, its agents, or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Warranty & Indemnity

By using the Website you agree that the use of the Website is at your own risk and is provided on an "as is, where is" basis. Cogniciti makes no warranties with respect to the content or operation of the Website.

Specifically, and without limitation, Cogniciti makes no representations or warranties that the Website will meet your requirements or that your access to and use of the Website will be uninterrupted or error-free; free of viruses, malicious code, or other harmful components; or otherwise will be secure. Cogniciti disclaims all implied and statutory representations and warranties, including (without limitation) any and all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, and any warranties arising by course of dealing or custom of trade.

By using the Website you agree to release, hold harmless and indemnify Cogniciti for any and all claims arising from your use or the operation of the Website.

Limitation of Liability

In no event will Cogniciti, its partners, affiliates, agents, licensors, suppliers, third parties engaged by Cogniciti, third parties that assist Cogniciti, or their respective directors, officers or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused in relation to the Content or the Website, or otherwise in relation to any action or omission by Cogniciti, including but not limited to: damages for loss of use, lost profits or lost savings, even if Cogniciti, or any of its lawful agents have been advised of the possibility of such damages or claim.

In no event will Cogniciti, its partners, affiliates, agents, licensors, suppliers, third parties engaged by Cogniciti, third parties that assist Cogniciti, or their respective directors, officers or employees, be liable for any damages or losses whatsoever, howsoever caused, resulting from: interruptions, suspensions, delays, omissions, viruses, worms, infections, trojan horses, contaminating code, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party social networking sites or accounts, websites or webpages; the Internet backbone; cloud errors or problems; personal injury; third-party content, products or services (including of third parties engaged by or assisting Cogniciti); Feedback, Contributions, or input you submit to this Website; damages or losses caused by you, or your respective employees, affiliates, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this Website or the Content; any other website or webpage, or social networking site or account, accessed to or from this Website; or events beyond the reasonable control of Cogniciti, even if Cogniciti or any of its lawful agents have been advised of the possibility of such damages or claim.

In no case will Cogniciti’s, its partners’, affiliates’, agents’, licensors’, suppliers’, third parties’ (engaged by, or that assist, Cogniciti), and their respective directors’, officers’ and employees’ be liable for liability arising under any cause whatsoever, including without limitation breach of contract, tort, negligence, gross negligence, or any other cause.

(Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you in such jurisdictions. Our liability is limited to the fullest extent of the law.)

Research

You agree that research carried out by researchers (including at Baycrest Health Sciences (“Baycrest”), its research partners, or by other researchers) using your de-identified data, or your personal information with your express (explicit) consent, may lead to the development of marketable treatments, devices, new drugs or patentable procedures (“Commercial Developments”). You understand and agree, however, that you will not be entitled to any benefits from such Commercial Developments and that any and all benefit from Commercial Developments will remain with any or all of Cogniciti, Baycrest, its research partners or other researchers, as applicable.

Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Website (or any portion thereof) and/or the Information, Resources, or other Content, of Cogniciti, and other products and/or services available through this Website (or any portion thereof) (the “Products” or the “Services”), with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Waiver

Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein will not be deemed a waiver of such provision, any other provisions, or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Cogniciti of any breach of any provision of this Agreement or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.

Amendments

Cogniciti may make improvements, changes or modifications to the Website, the Information and Resources, and these Terms of Use at any time. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website, Information or Resources following the posting of any changes to these Terms of Use signals your acceptance of such changes. You should review these terms and all policies regularly to make sure that you are aware of any changes. Your access to use of the Website on and after the date on which we post the revised terms constitutes your acceptance of the terms as revised as well as of any revised policies.

Audit Rights

Cogniciti has the right, but not the obligation, at any time and with any frequency in its discretion, to audit your usage of the Website to determine your compliance with these terms.

Termination

This Terms of Use is effective until terminated by Cogniciti, with or without cause, in Cogniciti’s sole and unfettered discretion. Cogniciti may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by Cogniciti shall be in addition to and without prejudice to such rights and remedies as may be available to Cogniciti, including injunction and other equitable remedies.

The disclaimers, limitations on liability, ownership, termination, interpretation, your license to Cogniciti, your assignment to Cogniciti, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

Cogniciti reserves the right to refuse service to you at any time and to remove any Content you submit for any reason and without notice to you.

Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

Violation of Terms of Use or Privacy Policy

If Cogniciti, in its sole discretion, determines that a violation of these Terms of Use or the Privacy Policy has occurred, Cogniciti may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its Website or termination of your access to the Website. Cogniciti further reserves the right to pursue criminal or civil claims against you upon such a violation.

You agree that you will not make any unauthorized commercial use of the Website, or any Services provided in association with the Website or otherwise by Cogniciti.

Compliance with Investigations

Cogniciti will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.

Interpretation

The division of this Terms of Use into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Terms of Use. In this Terms of Use, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

Entire Agreement

This Terms of Use as it may be amended from time to time in accordance the relevant provisions herein, and any and all other legal notices and policies on this Website, constitute the entire agreement between you and Cogniciti with respect to the use of this Website and the Content. You agree that you will not assign your rights or obligations under these Terms of Use, the Cookie Policy or the Privacy Policy to any other party.

Enurement

This Terms of Use shall inure to the benefit of and be binding upon each of Cogniciti and you, and Cogniciti’s and your respective successors and permitted assigns. You acknowledge having read this Terms of Use before accepting it, having the authority to accept this Terms of Use and having received a copy of this Terms of Use.

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Cogniciti and you.

Website Experience

We ask you to please help us keep this Website an enjoyable experience for all users, and if you observe material or behavior that may violate these Terms of Use or the Privacy Policy by other users please contact Cogniciti at info@cogniciti.com.

Contact Us: If you have any questions about this Website or this Terms of Use, please contact Cogniciti at info@cogniciti.com.

© Cogniciti, 2018.

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