Cogress does not warrant the accuracy or completeness of the information, graphics, text, links, or other material or content contained on this Site or with respect to any of the Cogress Services, and is not responsible for any errors or omissions in the content of this Site or any of the Cogress Services. Cogress shall have no liability for damages of any kind arising out of information or other content on this Site. Cogress does not ensure that this Site is free of viruses or other harmful components.
COGRESS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE CONTENT CONTAINED ON THE SITE OR ANY OF THE COGRESS SERVICES DESCRIBED IN OR PROVIDED VIA THE SITE FOR ANY PURPOSE. THE SITE AND ALL SUCH CONTENT AND COGRESS SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COGRESS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND SUCH CONTENT AND ANY AND ALL COGRESS SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL COGRESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, OR WITH RESPECT TO ANY COGRESS SERVICES OR THE UNAVAILABILITY OF OR ANY DELAY OR INABILITY TO USE THE SITE OR ANY OF THE COGRESS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COGRESS OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, ANY OF THE COGRESS SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE COGRESS SERVICES.
COGRESS RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SITE AND/OR COGRESS SERVICES, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON, AND IN ANY MANNER, WITHOUT PRIOR NOTIFICATION, AND COGRESS WILL NOT BE LIABLE IN ANY WAY FOR ANY CONSEQUENCES OF SUCH ACTION.
You agree to defend, hold harmless, release and indemnify Cogress and its affiliates from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site or any content or Cogress Services provided on or via this Site. You agree to and hereby release and hold Cogress and its affiliates harmless from any claims relating to any action taken by Cogress as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms are governed by the laws of the State of [Florida], U.S.A. The United Nations Convention for the International Sale of Goods does not and shall not apply with respect to any use of the Site or the purchase or use of any Cogress Services. You hereby consent to personal jurisdiction and venue in the state and federal courts located in [Miami, Florida], U.S.A. in all disputes arising out of or relating to the use of the Site or the purchase or use of any Cogress Services, and agree that any dispute or claim raised or made by you against Cogress relating to the Site or with respect to any Cogress Services shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You represent, warrant and covenant that you shall not use any Cogress Services in any location or for any person or purpose that would violate U.S. export control laws or any other applicable laws. Use of the Site and any of the Cogress Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cogress as a result of your agreement with these Terms or use of the Site or the purchase or use of any Cogress Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Cogress with respect to the Site and the information provided via the Site and the purchase or use of any Cogress Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cogress with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
VIII. REPORTING VIOLATIONS; ENFORCEMENT
Any party seeking to report any violations of these Terms may contact Cogress via e-mail: firstname.lastname@example.org.
When Cogress becomes aware of an alleged violation of these Terms, Cogress may initiate an investigation. Depending on the severity of the violation, Cogress may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, Cogress will notify the appropriate law enforcement agency of such violation.
VIII. COPYRIGHT AND TRADEMARK NOTICES
All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site are the intellectual property of Cogress, its licensors and its suppliers. Copyright © 2017 Cogress Ltd. and/or its affiliates or licensors. All rights reserved. None of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of Cogress. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with Cogress, its licensors or its suppliers, as the case may be.
COGRESS is the service marks of Cogress Ltd. All rights not expressly granted herein are reserved. No interest or right to use any Cogress trademarks is acquired by accessing or using this Site or any content thereon or using or purchasing any Cogress products or services. The Site may also contain trademarks owned by various third parties. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of Cogress or its third party licensors, or such other third parties that may own the particular intellectual property. All rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Cogress’ legal department. The agent can be reached at 212.257.1012, email@example.com or via U.S. Mail at, Cogress USA Holdings LLC, Attn: Legal Department, 56 West 45 Street, 12th Floor, New York, NY 10036.
DMCA Notification of Infringement
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Cogress will remove or disable access to the content that is alleged to be infringing;
- Cogress will forward the written notification to the alleged infringer; and
- Cogress will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter-Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Cogress, the alleged infringer will have the opportunity to respond to Cogress with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Cogress’s designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Cogress may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Site.