WEBSITE TERMS OF USE

These Website Terms of Use (“Terms”) are effective as of December 2017.

Elemental Cognition LLC reserves the right to change, modify, add or remove portions of the Terms at any time in our sole discretion. We suggest that you (“you,” “your” or “User”) periodically review the Terms for amendments. You acknowledge that by accessing or using this website (“Website”) you are agreeing to the Terms, including but not limited to our Privacy Policy (referenced below) as modified from time to time. We will alert you if changes have been made by indicating on the Terms the date they were last amended.

PLEASE READ THESE TERMS CAREFULLY BEFORE VISITING THE WEBSITE OR ACCESSING THE CONTENT ON THIS SITE. YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILZE THE WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OR ARE IN BREACH OF ANY OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER AND YOU SHOULD NOT ACCESS OR USE THIS WEBSITE.  

Content

We reserve the right to withdraw or amend the Website or any content we provide on the Website, in our sole discretion and without notice. 

Copyrights

All content displayed or otherwise contained on or available via this Website, including without limitation all images, text, illustrations, and graphics, constitutes the proprietary intellectual property of Elemental Cognition or its licensors, and are protected by U.S. and international copyright laws. By accessing or utilizing this Website, except as is incidental and necessary to access the Website by your computer or mobile device, the User agrees not to directly or indirectly copy, modify, recast, create derivative works, post, publish, display, redistribute, disclose, or make available the content displayed or otherwise contained on or available via this Website, in whole or in part, to any third parties, or assist others to do the same, or otherwise make any commercial use of the materials without the prior written consent of Elemental Cognition.

Trademarks and Service Marks

All trademarks, service marks, trade names, and logos displayed on this Website, (collectively referred to as the "Marks"), are proprietary to Elemental Cognition or their respective owners, and are protected by U.S. and international trademark laws. Any use of the Marks, or any other Marks owned by or licensed to Elemental Cognition without its express written consent, is strictly prohibited.

No Warranty, Limitation of Liability

THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS”.  ELEMENTAL CONGNITION DOES NOT WARRANT THE AVAILABILITY OR ACCURACY OF THE MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Unauthorized Use

You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website, including but not limited to (i) use of any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (ii) any attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer or database connected to the Website; (iii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (iv) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; or (v) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. You may not use the Website in any way that violates applicable federal, state, local or international law or regulation. You also agree to not impersonate or attempt to impersonate Elemental Cognition, an Elemental Cognition employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, usernames or social media handles associated with any of the foregoing).

Elemental Cognition reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Elemental Cognition may be entitled at law or in equity.

Third Party References and Linking

References and links on the Website to any names, trademarks, products, services or content of third parties are provided solely as a convenience to you and do not in any way imply Elemental Cognition’ endorsement of sponsorship of or affiliation with such third party or their services, goods or content.

You may link to our homepage, provided you do so in a way that is fair, legal, in accordance with other applicable websites’ terms of service, and does not damage our reputation or take advantage of it.  However, you may never establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.  The Website may provide certain social media features that enable you to link from your own or other third-party websites, send e-mails, alerts, text messages or other communications with content or links to this Website, or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or third-party websites. You agree to use these features solely as they are provided by us and solely with respect to the content they are displayed with.

Privacy Policy

Please review our Privacy Policy for information on how we collect, use, disclose and otherwise manage personal information we collect on the Website, and the measures we take to safeguard the information.

 

Governing Law/Individual Arbitration of Claims

The laws of the United States of America, State of Connecticut shall govern these Terms, without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. YOU AND ELEMENTAL CONGNITION AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING THE WEBSITE SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE, BASIS IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR TEMPORARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN AID OF ARBITRATION.

Severability

If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).

Additional Terms

This Website is operated by Elemental Cognition, LLC, located at One Glendinning Place, Westport, Connecticut 06880.  Certain webpages and portals on this Website may contain terms and conditions in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such webpages. 

You may contact us with any questions you might have regarding these Terms at info@elementalcognition.com.