Cogster Terms of Service
Please review these terms and conditions before using this site. By using this website you agree that you have read, understand and agree to be bound by the Terms of Service, regardless of whether you are a registered member.
USER AGREEMENT
The following are terms of a legal agreement (the "Agreement") between you and Local Markets, Inc., a Pennsylvania corporation, ("Cogster") that sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by Cogster. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the relationship between you and Cogster.
CHANGES TO TERMS OF SERVICE
Cogster reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Cogster may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
LIMITATIONS OF USE
You agree to use the Site only for lawful purposes. You are prohibited from any use of the Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Cogster's systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Cogster makes no claims concerning whether the content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Cogster.
Members of the Cogster community must be Residents of the United States and the Commonwealth of Pennsylvania that are eighteen (18) years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this website. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, the Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
CONTENT AND USE RESTRICTIONS
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Cogster member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver's license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site.
You agree to not to use the Site or any content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Cogster member or other third party. In order to protect Cogster members from such advertising or solicitation, Cogster reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Cogster deems appropriate in our sole discretion.
You agree to not to use the Site or any content to upload, post, email, transmit or otherwise make available any intimidating, harassing, defamatory, threatening, obscene, fraudulent, racially or ethnically objectionable content.
In consideration of your use of the Site, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data")
(b) not register for more than one User account, register for a User account on the behalf of another individual, or register a User account for any group or entity;
(c) maintain the security of your password and identification;
(d) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and
(e) be fully responsible for all use of your account and for any actions that take place using your account.
LINKS TO THIRD-PARTY SITES
This site may contain links to other web sites controlled, owned, and operated by third parties (the "third-party sites"), as well as articles, graphics, text, pictures, sound, video, information, software or other content controlled, owned, and operated by third parties (the “third-party content”). Cogster cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites or third-party content. You acknowledge that use of any third-party sites or third-party content is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Cogster of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Cogster and the third-party site may provide less security than this Site. Cogster is not responsible for the content of any third-party web sites, nor does Cogster make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Cogster shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
DISCLAIMER OF WARRANTIES
NONE OF COGSTER, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "COGSTER PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND COGSTER DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. COGSTER PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
COGSTER MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND COGSTER PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. COGSTER RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL COGSTER PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF COGSTER PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. COGSTER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT COGSTER PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify and hold harmless Cogster Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Cogster Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Cogster Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Cogster. You further agree to indemnify and hold harmless Cogster Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
MONITORING OF THE SITE
Cogster has no obligation to monitor the Site; however, you acknowledge and agree that Cogster has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
Cogster's practices and policies with respect to the collection and use of personally identifiable information are governed by Cogster's Privacy Policy.
AVAILABILITY
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and content no distribution or solicitation is made by Cogster to any person to use the Site or content in jurisdictions where the provision of the Site and/or content is prohibited by law.
TERMINATION
This Agreement is effective until terminated by Cogster. Cogster may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Cogster's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
WAIVER
Failure by Cogster to enforce any of its rights and provisions under this Agreement shall not be construed as a waiver of those rights or provisions or any other rights and provisions.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. You agree that you will notify Cogster in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Cogster a reasonable period of time to address it before bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Cogster.
OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into with Cogster.
ADDITIONAL TERMS
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
SEVERABILITY
If any term of this Agreement is found to be invalid, the remainder of this Agreement shall be enforced to the fullest extent possible. If any term of this Agreement shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable for this Agreement and shall not affect the validity of any other term or provision of this Agreement.
GENERAL PROVISIONS
This Agreement supersedes any previous Terms of Use Agreement to which you and Cogster may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
CONTACTING US
If you have questions regarding the Agreement or the practices of Cogster, please contact us by e-mail at Derek@cogster.com, or regular mail at Local Markets, Inc., 234 E. College Avenue, State College, PA 16801.
