Intellectual Property: COTA, Inc. (“COTA”) owns all right, title and interest, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Site and its software, applications, systems, functionality, appearance, text, video, audio, graphics and content, including but not limited to any enhancements, derivatives, updates or other modifications, any data or information developed or provided by COTA (including any de-identified or aggregated data), and any know-how, methodologies, equipment, technologies, formulas, databases, data analytics, algorithms, designs, benchmarks, or processes used by COTA on the Site. All rights in the Site, including but not limited to, rights in intellectual property therein, confidential and trade secret material, source code, object code, trademarks, service marks, patents, copyrights and logos, and technologies, formulas, databases, data analytics, algorithms, designs, content, graphics, video, benchmarks or processes developed or provided by COTA shall be and will remain the sole and exclusive property of COTA.
Prohibited Uses: User is granted only a limited right of personal access and use of the Site. User is not permitted to make any commercial use of the Site. User will not permit, assist, facilitate or encourage others to: (a) modify, publish, translate, reverse engineer, reverse compile, disassemble, translate, or create derivative or collective works from the Site or any portion thereof; (b) copy, reproduce, transmit, scrape or distribute the Site, including through the use of a robot, spider or other automatic means; (c) license, sell, resell, lease or otherwise distribute or grant access to third parties to the Site; (d) create malicious software products, tools, designs, instructions or technologies that negatively impact the Site’s performance, functionality, or interoperability with other applications; (e) circumvent any technological measure that controls access to the Site or any part thereof; (f) remove or obfuscate any proprietary notices or labels on the Site; or (g) use the Site for any unlawful or improper purpose, including but not limited to solicit others to perform unlawful acts or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected basis.
Accuracy, Completeness and Timeliness of Information: We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your general reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We are not responsible for the accuracy or completeness of any third party material posted or made available on this Site, including through links to content. Any reliance on third party material on this Site is at your own risk.
Third Party Links: Our Site may contain links to other third-party sites. COTA provides these links for your convenience only. When you click on one of these links, you are visiting a Site operated by an entity other than COTA. COTA does not control and is not responsible for those third-party sites and their practices. We encourage you to investigate the policies and practices of these third-party operators.
No Warranty: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.” COTA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ENTIRE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, AND A COURSE OF DEALING OR TRADE USAGE.
Limitations of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, COTA SHALL NOT BE LIABLE FOR (i) ANY PERSONAL INJURY, HARM, DEATH OR DISABILITY ARISING FROM USER’S ACCESS TO OR USE OF THE SITE; OR (ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA) ARISING FROM USER’S ACCESS TO OR USE OF THE SITE, EVEN IF COTA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
SOME STATES DO NOT RECOGNIZE EXCLUSIONS OF OR LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF OR LIMITATIONS ON PERSONAL INJURY DAMAGES OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SO THE PROVISIONS SET FORTH ABOVE IN PARAGRAPHS (“No Warranty” and “Limitations of Liability”) MAY NOT BE APPLICABLE TO YOU DEPENDING ON THE STATE.
Indemnification: You agree to defend, indemnify, and hold harmless COTA from any claim, loss, expense, demand or damage arising from your violation of the Terms.
Non-Waiver: No waiver on the part of COTA to exercise any right, remedy or privilege shall preclude or limit COTA from exercising any other right or further exercise of such rights or the exercise of another right, remedy or privilege.
Governing Law: The Terms shall be governed by the laws of the State of New York, without giving effect to its conflict of law provisions, and the venue and jurisdiction for any legal action to resolve disputes concerning this Agreement shall be in the State and/or Federal Courts of the State of New York.
Effective: February 28, 2022
Last Updated: February 28, 20222