Last Updated: May 2018
- Legal Disclaimers:
Listing, registering, documenting, certifying, certification, or applying for certification of your business name, product or service name, slogan, or trademark on COGNATE does NOT equate to registration, nor grant the rights, which are granted to marks registered with the United States Patent and Trademark Office, or with the Trademark office of any particular state or jurisdiction. Listing, or paying to list, a business or product name or trademark on the COGNATE database (and/or any additional information about possible use), is solely for the purpose of providing public information about the name or mark. COGNATE is not in any context a substitute for an attorney or the legal advice or services which may be provided only by a licensed attorney at law or licensed legal counselor. IF YOU NEED LEGAL ADVICE YOU SHOULD CONSULT A LAWYER.
"Listing", "Registering", "Certifying", "Certification", "Applying", "Applying for Certification", or "Documenting" on the COGNATE site means entering the requested information regarding any name, word or trademark in any category in COGNATE including a "Specimen" proving trademark use. Listing on COGNATE (COGNATE Certification) is never a substitute for registration with the United States Patent and Trademark Office, any state trademark registration authority or any other governmental or quasi-governmental authority either in the United States of America or elsewhere.
COGNATE uses blockchain technology to create a permanent, time-stamped record that shows information about User's trademark use. COGNATE lists your trademark information and Specimen on the Ethereum blockchain. As records are based on the Ethereum protocol, any malfunction, breakdown and abandonment of the Ethereum protocol may have material adverse consequences for the User and User's trademark records. We believe there is significant value in having permanent, time-stamped records on the public Ethereum blockchain, however we do not guarantee that blockchain-based records of trademark use have any immediate legal standing.
You understand that by using COGNATE anything you upload may have a permanent record of its creation on the Ethereum Blockchain, which cannot be erased. You also understand that actual Specimen itself is not stored on the blockchain, but a digital signature of the Specimen, proving its existence at a certain time.
User represents that: (a) all information provided to COGNATE will be complete, accurate and up to date as of the time filed; (b) that User has the legal right to list the name as or on behalf of its owner; and (c) believes in good faith that it is entitled to use the mark.
- "Monitoring Service." COGNATE does not provide legal advice. COGNATE is not liable for any indirect, incidental, special, consequential, or similar damages arising out of or in connection with this Service. THE TOTAL LIABILITY OF COGNATE or any affiliated or associated entity which is in connection with or arising out of this service shall not exceed the COGNATE Registration (or Monitoring Service) fee paid by the customer for any single registration period. COGNATE takes reasonable steps to provide results based on the trademark(s), business name(s) or product name(s), or slogan(s) which the customer provides to us. COGNATE cannot warrant or guarantee that the United States Patent and Trademark Office (USPTO) database, or any other public records, including information publicly available on the internet is complete, up to date, or error free. The results are based upon certain algorithms which seek literally identical marks as well as a non-exhaustive text matching database which may also retrieve certain non-identical marks in certain situations. The email alerts and results listed in your "dashboard" which are generated by our "monitoring" feature are not intended to convey a legal opinion regarding the significance of any reference. Customers of COGNATE's service acknowledge that trademark, business name and product name research is must then be reviewed by a qualified legal practitioner to reach an informed interpretation of the monitoring results.
- All Use of Any Name is Responsibility of its Owner. COGNATE makes no warranty or representation whatsoever in any manner as to the effect or consequences of any listing on COGNATE. Nothing in this site constitutes or should be construed in any manner whatsoever as legal advice, which can be provided only by a qualified lawyer. Any legal questions as to names, trademarks, Listing, registration, use of the COGNATE site, or as to any benefits or disadvantage to any user of COGNATE which may arise from use of COGNATE or any feature, database, or component of COGNATE, is the sole responsibility of the user.
- No Legal Representations. The information contained on the Site is provided for general business reference purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from the Site, clients or otherwise, should act or refrain from acting on the basis of any content included in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an appropriately licensed attorney. The content of the Site contains general information and may not reflect current legal developments, verdicts or settlements. We expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of the Site.
- Sensitive Communications. Any information sent to COGNATE via Internet e-mail or through the Site is not secure and is done so on a non-confidential basis. COGNATE assumes no responsibility for the loss of confidentiality for any information you transmit through the Internet.
- Proprietary Rights
- Our Intellectual Property Rights. The materials on the COGNATE Site, including without limitation any and all text, software, scripts, graphics, databases, images, photos and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to COGNATE, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions, or used by permission.
Users, by Listing any name on the COGNATE Site, represent that by making a listing, they are not violating any express or implied right or obligation to any third party. Users may not list the names or images owned by others, except to the extent that they are permitted to do so by law.
TRADEMARK AND COPYRIGHT: COGNATE respects trademark rights. We reserve the sole right to transfer or suspend or cancel any Accounts which use names or content that violates another party's trademark rights, or cause or are likely to cause confusion. Should you have concerns that your mark is being infringed by another COGNATE user, please email us at info@COGNATE.COM and we will take action if COGNATE, in its sole discretion believes action is appropriate. When contacting us, please include as much information as possible about the name to which you object and your own trademark rights.
Where, in COGNATE's sole discretion, it believes it to be appropriate, COGNATE will terminate or disable any User Accounts which infringe intellectual property rights of others, particularly where such infringements appear to COGNATE to be intentional.
COGNATE will respond consistent with the Digital Millennium Copyright Act of 1998 to infringements on COGNATE reported to our Designated Copyright Agent. Where you provide us with a DMCA Notice of Alleged Infringement, we will then review such notice and, where appropriate, will take the required action. Be sure to identify YOUR work, and the WORK(S) which you claim are infringing. We may then contact you and request a particular form be completed in order to make a DMCA notice, and to which we will respond.
In no event should materials from the Site be stored in any information storage and retrieval system without prior written permission from Us. You agree not to attempt to scrape or download content from COGNATE. You also agree that you will refrain from manually, or by means of any engine, software, tool, agent, device or mechanism (including but not limited to "spiders", "robots", "crawlers", auto scripts or data mining or similar tools) to in any way upload content to, or use or create referrals, create links, or to repost materials on the Site, unless you are using only the software or other search means provided by COGNATE or similar functions available in a general consumer-focused internet browser. Such activities are prohibited. In addition, you may only use the Site if you agree not to take any action that might: interfere with its proper working; impose an unreasonable or disproportionately large load on its infrastructure; compromise its security; render its features inaccessible to others; cause other damage to the Site or any content; or launch any automated system, including without limitation, any "robot," "spider," or "offline reader" that sends more requests to their server(s) in a given period of time than a human can reasonably generate using a conventional web browser. Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
- Linking to the Site. You may hyperlink to the COGNATE Site, but you may not frame or mirror the COGNATE Site or use any meta tags or any other "hidden text" using COGNATE's name or trademarks, unless using an approve authorized form of link supplied or expressly authorized by COGNATE. You must remove any hyperlink to the COGNATE Site upon COGNATE's request.
- Trademarks. COGNATE and other COGNATE logos, slogans, service marks and trademarks are trademarks of COGNATE (the "COGNATE Marks"). You agree not to display or use the COGNATE Marks in any manner, other than as provided by these terms and conditions, or otherwise without COGNATE's prior written permission.
Users are permitted to make fair use of the approved COGNATE logo to show that their names or trademark are listed on COGNATE.
- Credits and Copyright Notice. The Site was created by COGNATE. The entire Site is copyright protected by COGNATE or its parents and affiliates. All rights are reserved. In addition, certain parts of the Site may also be protected by copyrights belonging to other parties.
- Sign Up Obligations.
- Sign Up. The COGNATE Site allows you to enter certain information in order to use certain features of the Site, such as Listing, "liking", and commenting (if applicable) ("Sign Up"), which will create an "Account". When you Sign Up you may also be allowed to personalize your viewing of content on the Site and to receive certain correspondence from COGNATE. When you Sign Up, you agree to provide complete, accurate and up to date information about yourself.
- Termination. COGNATE reserves the right to change the COGNATE Site, including its contents, and to block or terminate access to or use of the COGNATE Site at any time for any reason and without notice.
- Feedback. If you would like to submit comments, or submit any ideas regarding COGNATE, you agree that we are free to use them without any restriction whatsoever, and understand that even if we choose to use comments, feedback or ideas, we may do so and will not provide you with compensation of any type whatsoever. You also recognize that you have no expectation of exclusivity in any ideas, feedback or comments we may use and further recognize it is possible that other third parties, or COGNATE, its employees, business partners or others, already have developed the same or similar comments or ideas or provides the same or similar feedback.
- Covered Parties, Other Disclaimers, Limitation of Liability, and Indemnity
- Covered Parties. "Covered Parties" means COGNATE (including affiliated and other related entities), its business partners and other entities participating in this Site and our publications, and its and their respective officers, directors, partners, principals, managers, members, counsel, employees, contractors, agents, successors, and assigns.
- Accuracy of Data. COGNATE's goal at all times is to keep all records current. However, because some of the information, data and documents are user supplied and because use or non-use of trademarks can change rapidly, we cannot guarantee that all of the information on the Site or applications is completely current. Any comments or information on the COGNATE website is not legal advice and is not guaranteed to be correct, complete or up-to-date. If you require legal advice for a specific issue, or question, or problem, you should consult a licensed attorney.
EXCLUSION OF WARRANTIES. YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. WHEN ACCESSING OR USING THE SITE, CONTENT WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE COVERED PARTIES. ACCORDINGLY, THE COVERED PARTIES ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY CONTENT TRANSMITTED IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE. THE SITE, INCLUDING THE INFORMATION PROVIDED THROUGH THIS SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COVERED PARTIES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
THE COVERED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: (I) THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE SERVICES, LINKS, THIRD PARTY LINKS, PRODUCTS, SERVICES, CONTENT OR COMMUNICATIONS PROVIDED ON OR THROUGH THE SITE (AND THE COVERED PARTIES MAKE NO COMMITMENT NOR ASSUME ANY DUTY TO UPDATE SUCH SERVICES OR ANY SUCH LINKS, PRODUCTS, SERVICES, CONTENT OR COMMUNICATIONS); (II) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; AND (III) ANY CONTENT OBTAINED BY YOU AS A RESULT OF YOUR ACCESS TO OR USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
WITHOUT LIMITATION ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COVERED PARTIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, INCLUDING, BUT NOT LIMITED TO, CLAIMS THAT ARE DUE TO PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
THIS SECTION SURVIVES TERMINATION OF THE TERMS.
WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (I) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (II) USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (III) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (IV) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, (V) YOUR USE OF THE SITE, (VI) VIRUSES OR OTHER DAMAGING FACTORS, OR (VII) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.
COGNATE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING OUR SITE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE. SOME COGNATE USERS MAY HAVE IMPLICIT, EXPLICIT OR SUGGESTIVE NAMES WHICH ARE INAPPROPRIATE FOR CHILDREN.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COVERED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) THE USE OF OR INABILITY TO USE THE SITE; (B) PERSONAL INJURY, INCLUDING DEATH OR SICKNESS CAUSED BY YOUR ACCESS TO, USE OR MISUSE OF THE SITE; (C) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY LINK, THIRD PARTY LINK, ADVERTISING, SPONSORSHIP, OFFER OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, MANUFACTURER, RETAILER, MERCHANT, PARTNER, LICENSOR, DISTRIBUTOR, FULFILLMENT CENTER, SUPPLIER, SPONSOR OR ANY OTHER THIRD PARTY WHOSE SERVICE, PRODUCT, ADVERTISING OR SPONSORSHIP APPEARS ON OR THROUGH THE SITE; (D) ANY CHANGES WHICH COGNATE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE); (E) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT, DATA, INFORMATION AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE; (F) YOUR FAILURE TO PROVIDE COGNATE WITH ACCURATE INFORMATION, OR (G) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON THE COVERED PARTIES' LIABILITY TO YOU SHALL APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COVERED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOUR REMEDIES UNDER THE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THE TERMS.
WITHOUT LIMITATION IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE ACCESSED, USED AND/OR PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER, MERCHANT, RETAILER, LICENSOR, FULFILLER OR SUPPLIER OF SUCH SERVICES OR PRODUCTS, IN ACCORDANCE WITH SUCH PARTY'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT(S) OR SERVICE(S) IN ACCORDANCE WITH SUCH PARTY'S RETURNS AND REFUNDS POLICIES.
NOTHING IN THE TERMS, SHALL EXCLUDE OR LIMIT COGNATE'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS SECTION SURVIVES TERMINATION OF THE TERMS. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF COVERED PARTIES RELATED TO YOUR USE OF THE SITE, INCLUDING ITS CONTENT, BE GREATER THAN $50.
- Indemnity. By using the Site, you agree to promptly indemnify and hold the Covered Parties harmless from any claim, action, proceeding, investigation or demand, including litigation costs and attorneys' fees, of every kind and nature as incurred, made by any third party due to or arising out of your access to or use of the Site, your connection to the Site, communications or content you submit, your violation of the Terms, or your violation of any rights of another. This indemnity survives termination of the Terms.
- General. The Terms, including the Privacy Statement below, along with any other terms and policies posted on the COGNATE Site, constitute the entire agreement between you and COGNATE regarding your use of the COGNATE Site and supersedes any prior agreements between you and COGNAME regarding such use, other than any written agreement between you and an authorized representative of COGNATE. If COGNATE does not exercise or enforce any legal right or remedy which is contained in the Terms or any other legal right, this will not be taken to be a formal waiver of COGNATE's rights and that those rights or remedies will still be available to COGNATE. COGNATE's failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision. If you are using COGNATE on behalf of a company or other legal entity, you are nevertheless individually bound by the Terms even if your company has a separate agreement with us.
- Governing Law and Jurisdiction. Notwithstanding anything else, the Terms and your relationship with COGNATE hereunder, shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. You and COGNATE agree to submit to the exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that COGNATE shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You understand, acknowledge and agree that a printed version of the Terms will be admissible in judicial and administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Severability. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of the Terms will remain fully in force.
- Remedies. All remedies set forth in the Terms are cumulative and in addition to and not in lieu of any other remedy of COGNATE at law or in equity.
- Survival. The Terms and conditions providing for any activity following the termination or expiration of the Terms, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of the Terms, shall survive the termination or expiration of the Terms.
- Entire Agreement. The Terms contain, and are intended as, a complete statement of the arrangements between you and COGNATE with respect to its subject matter and supersedes all prior agreements, whether written or oral, between the user and COGNATE, with respect to those matters. Any User of the Site may be subject to additional terms and services that may apply through the use of any future affiliate services or third-party sites.
- Assignment. COGNATE reserves the right to transfer, assign, sublicense or pledge this or any part of the Terms, the Site or its rights and associated goodwill attached thereto and obligations under the Terms, as necessary, without notice and without your consent. The Terms, the Site and any remaining portions, shall inure to the benefit of COGNATE and its successors and assigns. You may not assign any portion of the Terms. COGNATE may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Site.
- Legal Disclaimers:
How to Contact Us. If you have any questions about the Terms, including the Privacy Statement, the practices of the Site, or your dealings with the Site, please contact us via e-mail at: firstname.lastname@example.org.
or by mail at:
Attn: Bennett Collen
2 Ave de Lafayette, 4th Floor-GSV Labs
Boston, MA 02111