Terms Of Service, Privacy Policy

These Terms of Service were last revised on February 5, 2017


 

The name “Cognetix Mechanical Engineering Academy.” refers to and is fully associated with Cognetix Engineering, Inc.

These Terms of Service (“TOS”) is a legally binding agreement made by and between Cognetix Engineering, Inc. and its affiliates, parent, divisions, including but not limited to, Cognetix Engineering, Inc. (“we”, “us” and “our”), and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”, “your”, “yours”). These TOS governs your access to and use of www.mechanicalengineeringacademy.com, www.HowToMechanicalDesign.com and any other World Wide website owned, operated, licensed, or controlled by Cognetix Engineering, Inc. (collectively, the “website”) and the services offered by Cognetix Engineering, Inc. on the website (“Services”), so please read them carefully. This TOS will also apply to all visitors, users, and others who access the website and use the Services (“Users”).
BY ACCESSING OR USING ANY PART OF THE WEBSITE, INCLUDING LINKING TO THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE SERVICES OR WEBSITE (INCLUDING THE PRIVACY POLICY), YOU ARE REQUIRED TO FOLLOW THOSE AS WELL. THOSE POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS TOS. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS AND TO FOLLOW ALL APPLICABLE LAWS, GUIDELINES AND POLICIES, DO NOT ACCESS OR USE THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, COGNETIX ENGINEERING, INC. RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEBSITE. We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.

I. Terms and Conditions

A. Changes to terms of use are binding
1. We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of its content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

B. Licensing
1. I hereby acknowledge that the course that I have enrolled in, along with all its training, is intended only for my personal use and not to be shared with any other party. Sharing the material and/or my log in information is a violation of this agreement.

C. Copyright and other protection
1. The Site and the video material, audio material, text, images, graphics and other content available on the Site (collectively, the “Content”) are protected by copyright, trademark and other laws. The Content consists in part of a series of videos of Cognetix Engineering, Inc.. We or others own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use.
2. Copyright complaints: We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us as provided at Reporting Copyright Infringements, where you will find the contact information for our designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for further information). That contact information pertains only to notifications of claimed infringement. Please direct all other communications concerning the Site to online-learning@harvard.edu

D. Use of the Site and Content
1. Permissions and restrictions: You may only make noncommercial uses of the Site and the Content. You may access the Course Videos for your own personal use. In addition, you may download any Course Videos for which a downloading option is offered on the Site, and you may display or distribute those Course Videos to students online for free as part of your own teaching activities at a nonprofit educational institution. Except as specifically permitted in the preceding sentence, you may not retransmit, publish, distribute, display or otherwise make available any of the Course Videos or other Content to others. In no event may you alter or modify the Course Videos or any other Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright and other notices on any Content you obtain from the Site. None of the foregoing restrictions will apply to your own User Content (as defined below).
2. Fair use and other lawful uses: Nothing in Section 3 above is intended to restrict you from making uses of Course Videos that, in the absence of permission granted under these Terms of Use, would not infringe or violate Harvard’s or anyone else’s copyright, trademark, or other rights.
3. Reserved rights; no violation of law or others’ rights: All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.

E. Trademarks
1. Nothing in these Terms of Use or on the Site will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site. You agree not to use or register any name, logo, or insignia of Harvard or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

F. Third party confidentiality, non-disclosure, and patent infringement
1. Links on the Site to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.

G. LICENSOR’S LIABILITY
1. Nothing in this License shall exclude or in any way limit the Licensor’s liability for fraud or for death or personal injury caused by its negligence or any other liability to the extent that it may not be excluded or limited as a matter of law.
2. The Licensor shall not be liable under, or in connection with, this License or any collateral contract for:
a) loss of income;
b) loss of business profits or contracts;
c) business interruption;
d) loss of the use of money or anticipated savings;
e) loss of information;
f) loss of opportunity, goodwill or reputation;
g) loss of, damage to or corruption of data; or
h) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
i) Misuse of information or training (unlawful, harmful, abusive, threatening, intimidating, impersonating, etc…)
j) Intended Proper use that backfires
k) Not responsible for how the information is used. All activities included but not limited to; research, design and engineering projects outside the scope of the academy.
3. You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of this web site, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
4. In the event that you have a dispute with one or more users of this web site, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this web site or such disputes. You waive the provisions of any law or regulation limiting or prohibiting a general release. Neither Forest Trail Academy, its affiliates, nor any party involved in creating, producing or delivering this web site will be liable for any damages or injury that accompany or result from your access to and use of this web site, or your inability to access and use this web site, or from downloading any material contained on this site. nor will any such party be liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind which may arise, directly, or indirectly from your use of, or inability to use, this web site, including but not limited to, anything caused by: a) incomplete or inaccurate information; b) computer viruses; c) software bugs; d) human action or inaction; e) any computer system, phone line, hardware, software or program malfunctions; or f) any other errors, failure or delays in computer transmission or network connection. The limitations of liability provided in these Terms and Conditions inure to the benefit of Forest Trail Academy, our affiliates and to all of our respective officers, directors, employees, attorneys and agents

H. Your participation with the company
1. Your Ideas
a) You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place DVU under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, DVU does not waive any rights to use similar or related ideas previously known to DVU, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation:
b) To maintain any Ideas in confidence;
c) to pay to you or any third party any compensation for any Ideas; or
d) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make

 

I. USING THE WEBSITE

1. (a) Eligibility. You affirm that you are 18 years of age or older and that you are fully competent to use the Site and to enter into and comply with these Terms of Use. Services may only be used by individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Users and, except as specifically provided below, using fee-based Services. Your use of the Services will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law.
a) Compliance. You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the website, and all applicable laws, regulations and rules when you use the website.
b) License and Restrictions Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the website in the normal course of your use of the website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. Cognetix Engineering, Inc. will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the website, than as may be reasonably necessary to use the Services for their intended purpose and except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services. 
c) Other Users. If you become aware of any conduct that violates this TOS, Cognetix Engineering, Inc. encourages you to contact us

2. User submissions and rules of conduct: Account holders will be able to participate in online discussion forums and to submit or post comments, profiles and/or other content on the Site (collectively, “User Content”). You are solely responsible for any User Content you post or submit to the Site, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, you grant us a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the Site and for our broader educational purposes, including without limitation for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the Site, you represent and warrant that you have the right to grant us the foregoing rights, and that neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights. You agree not to submit or post any content, or engage in any other activity in connection with the Site, that infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity.
a) Violates any law or regulation
b) Is intentionally false or misleading
c) Defames, threatens, or harasses anyone
d) Is harmful, dangerous, abusive, or offensive
e) Is obscene or contains pornography
f) Contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information
g) Contains or consists of advertising or any form of commercial solicitation or activity
h) Otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site
i) Although we will have no obligation to monitor or take action with respect to User Content, we reserve the right to remove any User Content that we believe violates the above standards or any other provision of these Terms of Use, and to terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us. We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content.

3. Disclaimer of warranties: THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT WILL ANY PARTICULAR CONTENT CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

4. Limitations of liability and remedies: WE MAKE THE SITE AND THE CONTENT AVAILABLE FREE OF CHARGE. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE OR OUR COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, WE OR OUR COLLABORATORS ARE FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, OUR LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50) IN AGGREGATE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

J. THIRD-PARTY CONFIDENTIALITY, NON-DISCLOSURE, INTELLECTUAL PROPERTY
1. Not responsible for the infringement of confidentiality/nondisclosure agreements made between participants and companies they are associated with.
a) Submission of Materials: All comments, suggestions, ideas, graphics, or other information that you submit to us through this web site become- and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Any materials or information submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. In addition, we will not be under any obligation to respond in any way or reveal to you any information. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to us in connection with the use of this web site. You should rely solely on your rights under the patent, trademark, and copyright laws. The receipt or consideration of your information by us shall in no way impair our right to contest the validity of your patent, trademark, or copyright. Of course, you are not to submit to this web site any material which is unlawful, threatening, violent, abusive, harassing, degrading, defamatory, libelous, deceptive; fraudulent, or which may give rise to civil or criminal liability, infringe a third party’s intellectual property rights, or otherwise violate any law or regulation. Even though we may monitor and review correspondences, we assume no responsibility or liability which may arise from the content thereof, including – but not limited to – claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation

K. CANCELLATION/RESCHEDULING POLICY
1. Cognetix Engineering, Inc.” reserves the right to cancel any course because of low registration or events beyond Cognetix Engineering, Inc.’s control. In the unlikely event of cancellation, registrants will be notified and offered the option to switch to a different course or receive a full refund.

L. SUSPENSION AND TERMINATION OF SERVICES
1. Termination: discontinuation of Site or elements. The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination. We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect or element of the Site, or to cease making the Site available.
2. User accounts; account termination policy. We expect to add a feature allowing you to register with the Site and establish an account. If you register, you agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify us immediately of any unauthorized use of your account or other breach of security. You may not use another’s account without permission. We will terminate your account in appropriate circumstances if you are determined to be a repeat infringer. We also may terminate your account if you violate any provision of these Terms of Use or fail to comply with our requests concerning your account.

M. STATEMENT OF NON-DISCRIMINATION
1. Cognetix Engineering, Inc. does not discriminate based on race, class, national origin, religion, gender, or culture.

N. FINANCIAL RESPONSIBILITY
1. I understand that when I register for any class at Cognetix Engineering, Inc. or receive any service from Cognetix Engineering, Inc. I accept full responsibility to pay fees and other associated costs assessed as a result of my registration and/or receipt of services.

O. Method of Communication and Billing
1. I understand and agree that Cognetix Engineering, Inc. uses only Cognetix Engineering, Inc. e-mail as an official method of communication with me, and that therefore I am responsible for reading the e-mails I receive from Cognetix Engineering, Inc. on a timely basis.
2. I authorize Cognetix Engineering, Inc. and its agents and contractors to contact me at my current and any future cellular phone number(s), email address (s) or wireless device(s) regarding my student account(s)/loan(s), any other debt I owe to Cognetix Engineering, Inc. and its agents and contractors to use automated telephone dialing equipment, artificial or pre-recorded voice or text messages, and personal calls and emails, in their efforts to contact me.
3. I understand that I may withdraw my consent to call my cellular phone by submitting my request in writing to Cognetix Engineering, Inc. or in writing to the applicable contractor or agent contacting me on behalf of Cognetix Engineering, Inc..

P. REFUND POLICY

Q. 30-day Money-Back Guarantee (with the first day being the first day of the course, not the purchase date). If for whatever reason you find that the course is not up to your highest level of expectations, simply contact the Cognetix Engineering, Inc. for a reimbursement.

R. GOVERNING LAW AND JURISDICTION

S. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California, without regard to its conflict of laws provisions. This web site (excluding linked sites) is operated by us from our office in the state of California and it can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ, by accessing this web site, you agree that these Terms of Use and your use of this web site shall be governed in all respects by the internal substantive laws of the geographic location of the physical headquarters of Cognetix Engineering, inc. You further submit to jurisdiction and venue in the federal and state courts located in California and further agrees that any cause of action you may bring arising under your use of this web site shall be brought by you exclusively in a federal or state court. We make no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
1. Applicable law and jurisdiction; access from outside California. The Site is controlled and operated from our facilities in and around California. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Site or the Content, will be governed by the laws of California, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in Ventura County, California. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access our website from locations other than California, you will be responsible for compliance with all local laws of those other locations.
T. General
1. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use; nothing herein shall be deemed to confer any third-party rights or benefits. We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of the Content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

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  • Exclusive video content
  • Important updates
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