Privacy Policy
Please review our Privacy Policy below, which also governs your visit to the Sites and use of the content found on the Sites, including without limitation, the text, software, graphics, images, sounds, music, virtual characters, simulations, and the accompanying information and documentation (“the Content”). By visiting or using the Sites or the Content, you agree to our Privacy Policy, as in effect from time to time. We may modify our Privacy Policy at any time.

License and Site Access
Kognito grants you a limited, non-transferable, and non-exclusive license to access and make personal use of the Sites 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 Sites or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites 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 Sites or any portion of them 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 and MHA without express written consent. Any unauthorized use of the Sites 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 Sites 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.

Kognito attempts to provide accurate descriptions of the Sites 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.

The Sites 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.

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.

Intellectual Property
Kognito is the owner of all right, title and interest in the Sites and Content, including all copyrights, patents, and trademarks associated with the Sites, 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 Sites or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Sites or the Content.

Kognito and MHA trademarks, names, logos, and any other product or service name or slogan contained in the Sites and the Content are trademarks of their respective holders and may not be copied, imitated or used, in whole or in part, without the prior written consent of Kognito and MHA. In addition, the look and feel of the Sites, 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.

Disclaimer of Warranties and Limitation of Liability
EXCEPT AS PROVIDED IN THIS SECTION, KOGNITO AND MHA DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE KOGNITO SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH KOGNITO’S SITES IS PROVIDED HEREUNDER ON AN “AS-IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KOGNITO AND MHA DISCLAIM ALL WARRANTIES THAT THE KOGNITO SITES WILL BE UNINTERURUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

KOGNITO AND MHA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE KOGNITO SITES ARE NOT INTENDED TO TEACH INDIVIDUALS HOW TO DIAGNOSE MENTAL DISORDERS, NOR CAN THEY ENABLE THE USER TO RELIABLY PREDICT VIOLENT BEHAVIOR IN ANY ONE INDIVIDUAL.
IN NO EVENT, SHALL KOGNITO AND MHA TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE COURSEWARE IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID TO KOGNITO BY THE INJURED PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR WARRANTIES AND DAMAGES SHLL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Indemnity
You agree to indemnify, defend and hold Kognito and MHA, and their respective directors, officers, employees, shareholders, and agents harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees) incurred by Kognito and MHA as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; and (iii) any use or alleged use of the Sites or the Content by you or anyone within your control.
Kognito reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kognito’s defense of such claim. Kognito may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

Disputes and Applicable Law
By visiting the Sites, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Kognito and MHA. Any dispute relating in any way to your visit to the Sites or to the Content, products or services sold or distributed by Kognito or through Kognito shall be solely adjudicated in Supreme Court of the State of New York or in the U.S. Federal District Court located in New York County, New York, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail.

Changes and Severability
We reserve the right to make changes to the Sites, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Communication with Kognito
You may contact us at:
Kognito Interactive
150 West 28 Street, Suite 902-B
New York, NY 10001
Phone: 212.675.9234
Fax: 646.217.3677
E-mail: info@kognito.com

You agree to receive communications from us electronically regarding your account, this Agreement and the Courseware, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, is not confidential.

PRIVACY POLICY

Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request.

Cookie/Tracking Technology
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 Sites 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. Aggregate cookie and tracking information may be shared with third parties.

Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Changes to This Policy
Kognito constantly strives to provide the best products and services. Because the Internet is a dynamic and ever changing medium and as new or changed products and services are released and threats and technologies evolve, changes to this policy may be required. Kognito reserves the right to amend this Privacy Policy at any time. We expect most such changes to be minor, but there may be cases where changes may be more significant. We urge you to examine this policy for changes when using this site.

Contact Us about Privacy
If you have any questions or concerns about this Privacy Policy, or our software or website practices, please contact us at info@kognito.com.