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COSMOSCOMPUTING.COM
WEBSITE TERMS OF USE
Cosmos Computing, LLC ("Cosmos Computing") provides its Website, www.cosmoscomputing.com (the "Website"), and its related services to you subject to the following notices, terms and conditions ("Terms of Use"). Please read these Terms of Use carefully BEFORE using the Website. Your continued access and/or use of this Website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE. If at any time you do not wish to accept these Terms of Use, you must not use the Website. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Cosmos Computing and shall be of no force or effect.
Any rights not expressly granted herein are reserved to Cosmos Computing. MODIFICATIONS AND UPDATE CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THESE TERMS OF USE. COSMOS COMPUTING MAY MAKE CHANGES TO THE SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE AT ANY TIME AND AT ITS SOLE DISCRETION. The most current version of these terms can be reviewed by clicking on the "Terms & Conditions" link located at the bottom of each page of our Website. These notices, terms and conditions are subject to change in the sole and absolute discretion of Cosmos Computing. All updates, enhancements, new features and or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions. Your continued use of the Website constitutes your continued acceptance to all such notices, terms and conditions as modified. USE OF SITE Cosmos Computing may, in its sole discretion and without notice, deny any person or company's access to the Website or any portion of the Website. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden or impair any Cosmos Computing server or interfere with any other party's use or enjoyment of the Website and services offered through the Website. You may not attempt to gain unauthorized access to other's accounts, information, computer systems or networks connected to the Cosmos Computing server or to any of the services or products offered via the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. This Website, any portion of this Website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by Cosmos Computing. Cosmos Computing reserves the right to refuse service, terminate account(s) and/or cancel orders in its discretion, including, without limitation, if Cosmos Computing believes that conduct violates applicable law, is harmful to the interests of Cosmos Computing or its affiliates for any other reason. Cosmos Computing further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use. The Website may only be used for your own internal business or personal purposes. You agree that you will not: (1) permit any third party to use the Website, (2) use the Website in the operation of a service bureau, or (3) sublicense the use of the Website to third parties. Availability of this Website or particular information or services herein is subject to change without notice. VALIDITY AND ACCURACY OF DATA COSMOS COMPUTING DOES NOT REPRESENT OR WARRANT THAT ANY SERVICE OR INFORMATION PROVIDED BY COSMOS COMPUTING IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE WEBSITE. COSMOS COMPUTING MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE WEBSITE IN ANY JURISDICTION, STATE OR REGION. CHILDREN UNDER 18 Cosmos Computing does not sell products for or provide information or services to people under the age of 18. If you are under 18, you may use Cosmos Computing only with involvement of a parent or guardian. Cosmos Computing reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders/ requests in its sole discretion. CONTENT LICENSE When you provide Cosmos Computing any content, including, but not limited to, articles, photographs and videos, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the content, in any media known now or in the future. You agree that if you provide Cosmos Computing with your written content, photographs, videos, name and/or image of yourself that Cosmos Computing shall have the unlimited right to use such written content, photographs, videos, name and/or image (in whole or in part) in connection with promoting, advertising, marketing and/or selling Cosmos Computing's services or other products and services associated with the Website. Cosmos Computing's rights include, but are not limited to, the right to reproduce, display, distribute, edit, alter and change your written content, photographs, videos, images and any other materials you provide us in connection with your use of the Website. You waive any claim of "moral rights" arising out of Cosmos Computing's use of your written content, photographs, videos, name and/or images. Unless otherwise agreed, Cosmos Computing may edit, copy, publish, distribute, translate and otherwise use in any medium any such materials that you forward to Cosmos Computing and will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise. Cosmos Computing is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any user any compensation for any such materials; or (3) to respond to any of your or any other user's materials. You represent and warrant to Cosmos Computing that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to Cosmos Computing. LINKS TO THIRD PARTY SITES Cosmos Computing may contain links to other websites ("Linked Sites"). Linking to such Linked Sites will let you leave the Website. Unless otherwise indicated, Cosmos Computing is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Cosmos Computing and Cosmos Computing 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. Cosmos Computing does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. Cosmos Computing is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by Cosmos Computing. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk. LINKING TO COSMOS COMPUTING Linking to Cosmos Computing from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, Cosmos Computing's content. A Linking Site shall not create a frame, browser or border environment to Cosmos Computing's content and a Linking Site shall not imply that Cosmos Computing is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site's relationship with Cosmos Computing, shall not provide false information about Cosmos Computing's products or services, and shall not unlawfully use the copyrights or trademarks owned by Cosmos Computing or others. Linking Sites shall abide by any and all applicable laws. LIMITATION OF LIABILITY THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR. COSMOS COMPUTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, COSMOS COMPUTING AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COSMOS COMPUTING DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES" OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT, SHALL COSMOS COMPUTING AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM COSMOS COMPUTING THROUGH THIS WEBSITE. RELEASE AND INDEMNIFICATION You release Cosmos Computing (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Website. If you are a California resident, you waive California Civil Code ยง1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You will indemnify and hold Cosmos Computing (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party. COPYRIGHT All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Cosmos Computing, are the property of Cosmos Computing and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY COSMOS COMPUTING IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Cosmos Computing and is protected by United States and international copyright laws. All software used on this site is the property of Cosmos Computing or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Cosmos Computing pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited. COPYRIGHT INFRINGEMENT POLICY You may not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party. Cosmos Computing, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Cosmos Computing accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Cosmos Computing has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Cosmos Computing in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: By mail: Cosmos Computing, LLC 3000 Town Center Suite 2210 Southfield, Michigan 48075-1191 United States of America By phone: +1 (248) 357-5030 Contact us by e-mail at info@cosmoscomputing.com. In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
TRADEMARKS "COSMOS" along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of Cosmos Computing. Cosmos Computing's trademarks may not be used in connection with any product or service that is not owned by Cosmos Computing in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cosmos Computing. Any trademarks not owned by Cosmos Computing that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Cosmos Computing or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner. SEVERABILITY If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force. RESOLUTION OF DISPUTES These Terms of Use shall be governed in all respects by the laws of the State of Michigan as they apply to agreements entered into and to be performed entirely within Michigan between Michigan residents, without regard to conflict of law provisions. You and Cosmos Computing agree that we will resolve any claim or controversy at law or equity that arises out of your use of the Website (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing.
PRIVACY See our Privacy Policy relating to the collection and use of your information.  |
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