Privacy and Data Security
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to COG Network and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
User Submissions, Feedback and Information
Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Client. You consent, for yourself and on behalf of any other person or child whose information or likeness you submit to Client, to the use by Client of the information and that it is submitted in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom.
Your Use of the Services
In connection with your use of the Services, you agree that you will not:
• post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
• interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use the Services to transmit, distribute, post or submit any information concerning any other person or entity;
• violate any local, state, provincial, national, or other law or regulation, or any order of a court;
• “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
• display, mirror or frame the Services, or any individual element within the Services, COG Network’s name, any COG Network trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without COG Network’s express written consent;
• access, tamper with, or use non-public areas of the Services, COG Network’s computer systems, or the technical delivery systems of COG Network’s providers;
• attempt to probe, scan, or test the vulnerability of any COG Network system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by COG Network or any of COG Network’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.
COG Network reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• description of the copyrighted work that you claim has been infringed;
• description of the material that you claim is infringing and where it is located on the Services;
• identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• 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;
• statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com or by mail at Copyright Agent, c/o Client,
COG Network LLC
P. O. Box 868
Wichita Falls, TX 76307
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Links to Other Sites
The Services contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under COG Network’s control, and COG Network is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimer; Limitation of Liability
THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL COG NETWORK OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF COG NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
COG Network may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) COG Network’s rights or property, or the rights or property of visitors to or users of the Services. COG Network reserves the right at all times to disclose any information that COG Network deems necessary to comply with any applicable law, regulation, legal process or governmental request. COG Network also may disclose your information when COG Network determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Governing Law; Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CLIENT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Users Outside of the United States
Client is a Delaware limited liability company. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
Client is located at:
P. O. Box 868 Wichita Falls, TX 76307