I. GENERAL PROVISIONS
III. LIMITATION OF LIABILITY AND WARRANTY
This disclaimer of COG'S liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record of the Sites, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
COG shall not be responsible for unauthorized access to or alteration of transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Sites. You acknowledge that COG is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other users or third parties, or any infringement of another's rights, including intellectual property rights. You further acknowledge and accept full responsibility for any risk of injury from the foregoing. COG shall not be liable for any termination, cessation, interruption or cancellation of your password, account, access to the Sites, the Content or the Software, temporary or permanent. COG hereby reserves the right to terminate your access to your password, account, the Sites or any Content or Software thereon or any portions thereof and bar any further access to the same by you for any reason and without prior notice to you.
COG is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Sites as a result of your use of the Sites; or for any delays, inaccuracies, errors, or omissions arising out of your use of the Sites; or with respect to the Content, Software or other material contained on the Sites, including without limitation, any material posted by COG or any third party on the Sites.
YOU AGREE THAT ALL INFORMATION, CONTENT, PRODUCTS, SERVICES AND RELATED MATERIALS CONTAINED WITHIN THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COG AND ITS RESPECTIVE LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, PRODUCTS, SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, COG MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL COG BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT, SOFTWARE OR OTHER INFORMATION ON THE SITE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COG MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES. COG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE CONTENT, OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE CONTENT, SOFTWARE AND COMMUNITY SERVICES OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY COG OR ANY OF ITS MEMBERS OR OFFICERS. COG IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY CONTENT ON THE SITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS SITE, NOR DOES COG WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
NEITHER COG NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE, THE CONTENT OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SOFTWARE ON THE SITE.
COG RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE MESSAGE BOARDS OR OTHER AREAS OF THIS SITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE.
IV. NOTICES OF INFRINGEMENT OF INTELLECTUAL PROPERTY
If you know or suspect that any Content or other materials or portions of the Sites constitute copyright infringement or other violations of local, state, federal or international intellectual property laws, contact COG at legal @ cog-online.org
VIII. TRADEMARK NOTICE
COG and COGMOS are trademarks of COG Corp. All other names of companies and products mentioned may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with permission from COG or their respective owners. Fair use of any such trademarks requires proper acknowledgment. All rights not expressly granted herein are reserved.
IX. COPYRIGHT NOTICE
All Content, Software and other materials published on the Sites are protected by copyright, and owned or controlled by or licensed to COG, or the party listed as the provider of the Content, Software or other materials. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY SUCH MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Sites for the specified uses only, provided that you maintain all copyright, trademark, and other notices contained in such material, and you agree to abide by all additional copyright notices, information, or restrictions contained in any material accessed through the Sites. Except as expressly provided in a separate license agreement, COG and its licensors of the Sites materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information. ALL RIGHTS RESERVED.
XII. GOVERNING LAW; MISCELLANEOUS
Communications made through the Sites's e-mail and messaging system shall in no way be deemed to constitute legal notice to COG or any of its officers, agents or representatives, with respect to any existing or potential claim or cause of action against COG or any of its agencies, officers, agents or representatives, where notice to COG is required by contract, or any United States or foreign federal, state or local laws, rules or regulations.
XIII. STATUTE OF LIMITATIONS
Copyright and Intellectual Property Agent
COG may disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others at any time, in COG's sole discretion and without notice to the user.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, or the violation of any other intellectual property rights of yours, please provide COG's Copyright Agent the following information:
1. a description of the infringed work that you claim has been infringed;
2. a description of where the allegedly infringed work is located on the site;
3. your address, telephone number, and e-mail address;
4. a declaration by you that you have a good faith belief that the allegedly infringing use of the work is not authorized by the copyright or intellectual property owner, its agent, or the law;
5. a declaration by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;
6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Notice of claims of copyright or other intellectual property infringement is as follows:
COG Legal Counsel
In order to obtain permissions to use COG's trademarks, service marks, logos, trade names, trade dress, slogans, copyrighted materials, or other brand features or materials, please contact COG by mail at the address listed above.