Terms of Use

AGREEMENT BETWEEN USER AND COGNISENSE

The CogniSense Website (herein referred to as Website) is comprised of various web pages and an on-line proctored assessment service that is controlled by the CogniSense (herein referred to as CogniSense).

The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

CogniSense reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website.

LINKS TO THIRD PARTY SITES

The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of CogniSense and CogniSense is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CogniSense is not responsible for webcasting or any other form of transmission received from any Linked Site. CogniSense is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CogniSense of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website you warrant to CogniSense that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Information and or opinions found on the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

To the maximum extent permitted by applicable law, in no event shall CogniSense be liable for any direct, indirect, punitive, incidental, special, consequential damages or any 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 Website with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or otherwise arising out of the use of the Website whether based on contract, tort, negligence, strict liability or otherwise, even if CogniSense or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Website or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website service and contact it@CogniSense.org.

TERMINATION/ACCESS RESTRICTION

CogniSense reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. Use of the Website 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 CogniSense as a result of this agreement or use of the Website, CogniSense's performance under this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CogniSense's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by CogniSense with respect to such use. If any part of this agreement 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 remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CogniSense with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CogniSense with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.