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Last Updated: 8 August 2018

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

BY ACCESSING OR USING THIS SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY.

ARBITRATION NOTICE. Except for certain kinds of disputes described below, you agree that disputes arising under these terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND RE:COGNITION HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

  • WHO WE ARE AND HOW TO CONTACT US
  • BY USING OUR SITE YOU ACCEPT THESE TERMS
    • By using our Site, you confirm that you accept these Terms of Use (these “Terms”) and that you agree to comply with them.
    • If you do not agree to these Terms, you must not use our Site.
    • We recommend that you print a copy of these terms for future reference.
  • THERE ARE OTHER TERMS THAT MAY APPLY TO YOU:
    • These Terms refer to the following additional terms, which also apply to your use of our Site, and which are hereby incorporated into these Terms by reference:
    • Our Privacy Policy https://recognition.health/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • WE MAY MAKE CHANGES TO THESE TERMS
    • We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.
  • WE MAY MAKE CHANGES TO OUR SITE
    • We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
  • WE MAY SUSPEND OR WITHDRAW OUR SITE
    • Our Site is made available free of charge.
    • We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    • You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  • YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
    • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at compliance@re-cognitionhealth.com 
  • HOW YOU MAY USE MATERIAL ON OUR SITE
    • We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
    • You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
    • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
    • You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
    • If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • PROHIBITED CONDUCT
    • You may use our Site only for lawful purposes. You may not use our Site:
      • In any way that breaches any applicable local, national or international law or regulation.
      • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
      • For the purpose of harming or attempting to harm minors in any way.
      • To send, knowingly receive, upload, download, use or re-use any material in breach of any provision of these terms.
      • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
      • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • You also agree:
      • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms.
      • Not to access without authority, interfere with, damage or disrupt:
        • any part of our Site;
        • any equipment or network on which our Site is stored;
        • any software used in the provision of our Site; or
        • any equipment or network or software owned or used by any third party.
      • Not to attack our Site via a denial-of-service attack or a distributed denial-of service attack.
    • Certain features of the Site may allow you to upload content to the Site. Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you hereby grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our Site at our reasonable discretion.
    • In the event of a breach of any of the prohibitions in this section, your right to use our Site will cease immediately.
  • RULES ABOUT LINKING TO OUR SITE
    • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    • You must not establish a link to our Site in any website that is not owned by you.
    • Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
    • We reserve the right to withdraw linking permission without notice.
    • The website in which you are linking must comply in all respects with the content standards set out in these terms.
    • If you wish to link to or make any use of content on our Site other than that set out above, please contact marketing@re-cognitionhealth.com.
  • DO NOT RELY ON INFORMATION ON THIS SITE
    • The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
    • Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
  • NO MEDICAL ADVICE OR OPINIONS
    • Our Site does not provide any medical advice or opinions, nor does your use of the Site establish a doctor-patient relationship between you and Re:Cognition Health. The Site does not serve as a substitute for the advice of a medical professional.  The Site, including the Connect page or any feature that allows you to contact us, should not be used for purposes of seeking medical attention or advice. All content on the Site is provided for informational purposes only and does not serve as a substitute for the advice of a medical professional. Certain content may be intended for use by licensed medical professionals. Physicians and other health care providers should always exercise their own clinical judgment in deciding whether to use a particular product when treating a particular patient.
  • WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
    • Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
    • We have no control over the contents of those sites or resources.
  • USER-GENERATED CONTENT IS NOT APPROVED BY US
    • The Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
    • If you wish to complain about information and materials uploaded by other users please contact us on http://www.recognitionhealth.com/contact/.
  • WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE
    • THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE ACCURATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR US, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES OR AGENTS (TOGETHER, THE “RE:COGNITION HEALTH ENTITIES”) OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE RE:COGNITION HEALTH ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.
    • THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
  • LIMITATION OF LIABILITY
    • TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RE:COGNITION HEALTH ENTITIES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RE:COGNITION HEALTH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE SET FORTH IN THE ARBITRATION PROVISION BELOW, THE AGGREGATE LIABILITY OF THE RE:COGNITION HEALTH ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $10.
    • EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTIONWILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our applicable service terms and conditions.
  • YOU WILL INDEMNIFY US FOR CERTAIN CLAIMS ARISING FROM YOUR USE OF THE SITE
    • To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify the Re:Cognition Health Entities from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorised use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
  • DISPUTE RESOLUTION AND ARBITRATION
    • In the interest of resolving disputes between you and Re:Cognition Health in the most expedient and cost effective manner, and except as described  below, you and Re:Cognition Health agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RE:COGNITION HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    • However, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    • Any arbitration between you and Re:Cognition Health will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Re:Cognition Health. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    • A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Re:Cognition Health’s address for Notice is: Re:Cognition Health Corporation, [ADDRESS]. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Re:Cognition Health may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Re:Cognition Health must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Re:Cognition Health in settlement of the dispute prior to the award, Re:Cognition Health will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
    • If you commence arbitration in accordance with these Terms, Re:Cognition Health will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Re:Cognition Health for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    • YOU AND RE:COGNITION HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Re:Cognition Health agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this section waiving each party’s right to bring claims in a class or representative proceeding is found to be unenforceable or if the entirety of this arbitration section is found to be unenforceable, then the entirety of this arbitration section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms.
    • If Re:Cognition Health makes any future change to this arbitration provision, other than a change to Re:Cognition Health’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Re:Cognition Health’s address for Notice of Arbitration, in which case your account with Re:Cognition Health will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  • WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES
    • These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and we both submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for resolution of any lawsuit or court proceeding permitted under these Terms.
  • NOTICE TO CALIFORNIA RESIDENTS
    • If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Service.