This Agreement is entered into pursuant to the Contract between Fairfax County and Kognito (“Contract”) for use of the following Kognito Solutions Courseware: (1) “At-Risk for High School Educators,” (2) “At-Risk for Middle School Educators,” (3) “Step In, Speak Up,”(4) “At-Risk in Primary Care,” (5) “At-Risk in the ED,” and (6) “Practice Exposure Therapy.”
License and Site Access
Kognito grants you a limited, non-transferable, and non-exclusive license to access and make personal use of the Site and not to download (other than necessary for page viewing) or modify it, or any portion of it. This license does not include any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Site or any portion of it may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without Kognito express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kognito without express written consent. Any unauthorized use of the Site automatically terminates your permission or license to use our Sites.
You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Site for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
Service End Users agree to not use any third-party materials in a manner that would infringe or violate the rights of any other party, and agree that Kognito is not in any way responsible for any such use by Service End Users.
Kognito attempts to provide accurate descriptions of the Site and Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Courseware and to notify us of the purported error.
EXCEPT FOR LIABILITY FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE AND INTELLECTUAL PROPERTY INFRINGMENT, IN NO EVENT SHALL KOGNITO BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU ARISING OUT OF OR RELATED TO ITS PERFORMANCE UNDER THESE TERMS, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), AND EXCEPT FOR LIABILITY FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE AND INTELLECTUAL PROPERTY INFRINGEMENT, THE ENTIRE LIABILITY OF KOGNITO TO YOU UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU UP TO THE TOTAL AMOUNTS ACTUALLY PAYABLEID BY FAIRFAX COUNTY UNDER FAIRFAX COUNTY CONTRACT NO. 4400004894. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
The Site may include links to other Internet sites as a convenience to you. We do not monitor or endorse any such sites or the information, products or services contained on or accessible through such sites. If you access such sites, you do so solely at your own risk.
Some of our sites require that you open a user account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Kognito is the owner of all right, title and interest in the Site and Content, including all copyrights, patents, and trademarks associated with the Site, including all associated software, logos, text, data and graphics, but excluding third party or public domain material.
You agree not to display or use any Kognito intellectual property without the written permission of Kognito. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content.
Kognito trademarks, names, logos, and any other product or service name or slogan contained in the Site and the Content are trademarks of Kognito and may not be copied, imitated or used, in whole or in part, without the prior written consent of Kognito. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dresses of Kognito and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Disputes and Applicable Law
Changes and Severability
Collection of Information
In some of our sites, we collect personally identifiable information, like names, postal addresses, email addresses, etc., to allow you to open an individual, password-protected account to access the Site and Content. We will not sell, give or rent your name or any other part of the information you provide to other parties.
We use return email addresses to provide you with information about your account, progress in the course, and optional and anonymous surveys.
Use of Information
When you submit your contact information, you agree to allow us to contact you by electronic or other means with information about training, related courses or other related materials and services which we feel may be of interest to you. You may unsubscribe from such communication at any time.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information.
Communication with Kognito
You may contact us at :
135 West 26th Street
New York, NY 10001