Perceptivity – Terms of Use

 Last Updated:  May 2021

 

Welcome to the Perceptivity website!  Access to and use of this website ("www.bearcog.com/perceptivity/", the “Website”), and any other website(s) owned and/or operated by Bear Cognition, INC (“we,” “us” or “our”) and any of their associated web pages, and the products and services available through the website(s) and/or the Perceptivity software (collectively, the “Services”), are all subject to the following terms of use (the “Terms”). By accessing or using the Services, you agree to these Terms.  Please read them carefully. 

You agree that these Terms are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.  By accessing or using the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services. 

 

YOUR USE OF THE WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. If you do not accept these terms and conditions, do not use the Website.

 

Your use of the Perceptivity software platform, whether accessible through the Website or otherwise, shall be governed by the Perceptivity Software Subscription Agreement (“Subscription Agreement”) and End-User License Agreement (“EULA”). In the event of any inconsistency between the statements made in the Terms, the Subscription Agreement, or the EULA, or any related exhibits, schedules, attachments and appendices (other than an exception expressly set forth as such therein) and any other documents incorporated therein by reference, the following order of precedence governs: (a) first, the Subscription Agreement, excluding its exhibits, schedules, attachments and appendices; (b) second, the exhibits, schedules, attachments and appendices to the Subscription Agreement as of the Effective Date; (c) third, any other documents incorporated herein by reference; (d) the EULA; and (e) the Terms. 

 

1. Copyright Notice and Use of the Website. The design of the Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this Website are the copyright of Bear Cognition, INC or their respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, we reserve the right to seek all remedies available by law and in equity, including but not limited to the right to block or deny access to the Website to anyone at any time for any reason.

 

2. Trademarks. We and our affiliated companies retain all rights regarding our trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Bear Cognition, INC and its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Website. Your misuse of the trademarks displayed on the Website is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

 

3. Your Account.  To fully enjoy the Services, you may choose to register with us through the Website and create an account (the “Account”).  If you do, you will have access to your Account by providing an e-mail address and password.  You agree that all of the information that you provide to us is true, accurate and current in all respects, to the best of your knowledge.  You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer.  You agree to accept responsibility for all activities that occur under your Account.  We may terminate your Account at any time, for any reason or no reason and without prior notice to you.

 

4. Prohibited Uses of Website and Services. You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) include any information that references other websites, addresses, email addresses, contact information or phone numbers; (f) impersonate any person, business or entity, including our company and our employees and agents; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or (j) in doing so, amount to any conduct that, in the judgment of Bear Cognition, INC, restricts, impairs, interferes with or inhibits any other user from using or enjoying the Website and/or our related services and products.

 

You shall not circumvent, disable or otherwise interfere with security-related features of the Services, including, without limitation, any features that enforce limitations on the use of promo codes, the Services or the Website. You shall not circumvent, disable or otherwise interfere with security-related features of the Services that prevent use, restrict use or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Services or impair, overburden or disable the same. To the fullest extent permitted by applicable law, we reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Services for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms. You agree that neither we nor our affiliates shall be liable to you or any third party for any such termination or suspension of your Account or for blocking your access to the Website or any of the Services.

 

You further agree not to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or resell any information, software, products, or services provided through or obtained from the Services, including without limitation, engage in the practice of “screen scraping,” or any other similar activity; (b) hack into the Services or any of its Websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services in any way; (c) damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Services; (d) violate any applicable laws, or regulations in your jurisdiction (including but not limited to trademark and copyright laws); (e) or access or attempt to access any password-protected, secure or non-public areas of the Services without the express, written permission of Bear Cognition, INC.

 

5. Notice of Copyright Infringement. We do not permit copyright infringing activities on the Website, and will remove any user information, content, or other materials if properly informed that any such user content or other materials infringe on another’s copyright rights. We also reserve the right to terminate a user’s ability to submit additional information or content if, under appropriate circumstances, such user is determined to be a repeat infringer. I

If you are a copyright owner or an agent thereof and believe that any user’s information, content, or other material infringes upon your copyrights, you may notify Bear Cognition, INC by providing the following information in writing:

 

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

 

ii. Identification of the location where the original or an authorized copy of the copyrighted work exists;

 

iii. Identification of the user information, content, or other material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the same;

 

iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

 

v. A statement that you have a good faith belief that use of the user information, content, or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

vi. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

 

Our agent for notice of claims of copyright infringement can be reached as follows:

 

Attn:  DMCA Notices

116 N. West Street, Suite 200

Raleigh, NC 27603

 

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

 

6. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Website, are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of its products, including the graphic depiction of product features; however, the actual color, resolution, and other depictions of product features that you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such features in the same manner as depicted on the Website. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. All DVDs, CDs and similar products sold are for private, home-use (where no admission fee is charged), non-public performance and may not be duplicated.

 

8. Accuracy of Information. We attempt to ensure that information on this Website about our products is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, we may make changes in information about price, system specifications, and/or product features without notice. The terms and specifications set forth in the applicable Subscription Agreement should be consulted and, in the event of any inconsistency therein, shall govern over any product description on the Website.

 

9. Linking to this Website. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.

 

10. Third-Party Links. Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the "Third-Party Sites"). These links are provided for your convenience only. In addition, certain Third-Party Sites also may provide links to the Website. None of these links should be deemed to imply that Bear Cognition, INC endorses the Third-Party Sites or any content therein. We do not control and are not responsible or liable for any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites. Access to any Third-Party Site is at your own risk and we will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third-Party Site.

 

11. Disclaimers. Your use of this site is at your risk. The information, materials and services provided on or through this Website are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE, OUR SUPPLIERS, NOR ANY OF OUR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. The information, materials and services provided on or through this Website may be out of date, and neither we, our suppliers, nor any of our respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties are binding in New Jersey but may not apply in other states to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

 

All products and services purchased on or through this Website are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. We make no warranties to those defined as "consumers" in the Magnuson-Moss Warranty Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties are binding in New Jersey but may not apply in other states to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

 

12. Limitations of Liability. Neither we nor our suppliers assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. To the fullest extent permissible by applicable law, in no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability are binding in New Jersey but may not apply in other states to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

 

To the fullest extent permissible by applicable law, in the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. To the fullest extent permissible by applicable law, in the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, shall be set forth in the applicable Subscription Agreement relating to said product or service.

 

13. Revisions to these Terms. These Terms may be revised at any time and from time to time by updating this posting. You agree to assume the responsibility to visit this page from time to time to review the current Terms because they are binding on you to the fullest extent permissible by applicable law. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of this Website after any changes to these terms and conditions are posted will be considered acceptance of those changes.

 

14. Choice of Law; Jurisdiction. Except as set forth herein or in an applicable Subscription Agreement or EULA, these Terms supersede any other agreement between you and Bear Cognition, INC to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in in the federal courts of the United States or the courts of the State of New York in each case located in New York City and County of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

15. Termination. You or we may suspend or terminate your Account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination.

 

16. Entire Agreement. These Terms set forth herein serve as the entire understanding and agreement regarding the Website, the subject matter of these terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you and Bear Cognition, INC agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.

 

17. Electronic Notice. By your use of the Website, you agree to transact with us and receive all notices regarding the Website electronically. We will provide notices by posting them on the Website, or, in some cases we may provide notice by email to users who have created an account and provided a valid email address. You can retrieve an electronic copy and a printable version of the Terms by clicking on the “Terms of Use” link at www.bearcog.com. You may withdraw your consent to receive notices electronically by discontinuing your use of the Website.

 

18. Security & Technology. We have imposed confidentiality obligations on our service providers who will have access to the personal information collected on this Website. In addition, we have implemented administrative, technical and physical measures to address the confidentiality of personal information collected on this Website. Unfortunately, while we implement these security measures for this Website, please be aware that 100% security is not always possible. Also, due to the possibility of unforeseen complications in the online environment, we cannot guarantee you that this Website will function without error or that this Website or the enabling server will remain free of viruses or other harmful elements.