Last Modified: [August 14, 2018]
The following Terms of Service (“Terms of Service”) govern access to and use of https://www.costechnetwork.com (the “Website”), a website owned and operated by COS Network LLC, a Delaware limited liability company (“COS Tech Network”, “we”, or “us”), including any content, functionality and services offered on or through any of our other products, services, meetings, or events (such content, functionality, and services collectively referred to as the “Services”) for you (“Member”).
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms of Service have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.
Changes to these Terms of Service
We may modify these Terms of Service at any time in our sole discretion. We will post notice of changes to these Terms of Service on this page. Changes will not apply retroactively and will only become effective when (i)Member use the Services after you know about the change, or (ii) thirty (30) days after they are posted, whichever is sooner.However, changes addressing new functions for the Website or the Services or changes made for legal reasons will be effective immediately.We will also update the Last Modified Date at the top of these Terms of Service accordingly. Member’s continued use of the Website and/or Services after the Last Modified Date signifies your consent to the modified Terms of Service.You are expected to check this page frequently so you are aware of any changes, as they are binding on you.If the modified Terms of Service are not acceptable to Member,Member should not access or use the Website or Services after the Last Modified Date.
Data Privacy and Personal Information
COS Tech Network and the Services are operated from within the United States.IfMember access the Services from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. COS Tech Network makes no claim that the content of the Services may be utilized, accessed or appropriate outside the United States. You and your Member must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.
Third Party Links
The Website may link to independent third party websites or social media widgets. Such hyperlinks are provided for your reference and convenience only. COS Tech Network is not liable for the availability or accuracy of such third party sources, and you assume all risk in using them. When you link to them, these third party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.
When you access third party websites or interact or communicate with third parties, including other users, through the Services, you do so at your own risk. COS Tech Network is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
User Accounts and Registration
Use of the Website and access to the Services requires you to create an account for yourself or for your Member, as applicable, for which you will be asked to provide certain registration details and information, including a username, password, e-mail address, your organization’s information (“Employer/Company”), and payment information in the form of a valid credit card, PayPal account, or ACH payment processing information.
By registering, you represent and warrant that (i) all of the information that you provide is correct, current, and complete; (ii) you have the authority to agree to these Terms of Service on behalf of your Employer/Company and on behalf of your Member, as applicable; (iii) your agreement to these Terms of Service is binding on you and your Employer/Company and on behalf of your Member, as applicable; (iv) you have created an account for yourself and/or your Member and that you have not misrepresented Member’s identity or created a false identity; and (v)Member have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purposes of providing any illegal information.
If Member believes that your identity or someone else’s identity has been misrepresented, please contact us immediately. Member may also report users who you believe to be in breach of this paragraph.
You agree to keep your username and password confidential and to not share your account with others outside your organization. You agree to notify us immediately of any unauthorized access to your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record Member’s personal information.
COS Tech Network takes our confidentiality requirements very seriously. “Confidential Information” means all of the non-public information that you or your Member become aware of through Member’s use, respectively, of the Website and/or Services, including but not limited to business plans and decisions, projections, customers and suppliers, pipelines, trade secrets, discoveries, product specifications, legal matters, investor and shareholder information, employment information, the identity of COS Tech Network members and personal information that they share, and the terms of membership for COS Tech Network.
By registering and using the Website and Services,Member and your Employer/Company agree to hold all Confidential Information in confidence and to protect all such information with the same measures that you take with respect to your confidential materials, and in no case less than reasonable measures.
Member and your Employer/Company agree not to disclose any Confidential Information.
Member’s obligation and your Employer/Company’s obligation to protect Confidential Information under these Terms of Service will continue indefinitely, even after Member cease to be a COS Tech Network member.
Changes and Termination of Services; Refunds
We are constantly changing and improving our Website and Services. We reserve the right to add or remove functionalities or features of the Website and/or Services, and we may suspend or stop a Service or the Website altogether. We will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period.The right to access and use the Website and/or Services is revoked in jurisdictions where it may be prohibited, if any.
We reserve the right to terminate or change the Services or Member’s) access to the Services and to stop providing Services to you or your Member, add or create new limits to our Services, or restrict Member’s access to all or a part of the Services, without notice, at any time and for any reason, including Member’s violation of these Terms of Service, if we are investigating suspected misconduct, or for business reasons. You agree that COS Tech Network may, for any reason and without notice to you, immediately terminate or otherwise restrict Member’s access to the Services. COS Tech Network has no obligation to maintain, store, or transfer your information or data.
COS Tech Network grants toMember a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Website and Services in accordance with these Terms of Service. COS Tech Network reserves all other rights in the Website and Services not expressly granted toMember.
Member grant COS Tech Network a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of or monetize any content that Member submit through the Website and Services, including but not limited to messages that you post using Slack (“User Content”), and including but not limited to information regarding business trends resulting from discussions at COS Tech Network events. Member acknowledge and agree that COS Tech Network may aggregate and anonymize such information for sharing and publication among COS Tech Network members and the public and that COS Tech Network may monetize such information in its discretion.No COS Tech Network member will be entitled to participate in any revenues realized by COS Tech Network from monetization of this information.
Member grant COS Tech Network a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, distribute, modify, offer for sale or exploit any suggestions, ideas, criticism, or other type of feedback Member make relating to the Services and/or the Website, with no obligation to pay Member royalties or any other compensation.
Interactions with COS Tech Network Members
COS Tech Network is not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website and/or Services. We cannot guarantee the identity of any other COS Tech Network users or members with whom you or your Member may interact in the course of using the Services or User Content or the authenticity of any data which COS Tech Network users or members may provide about themselves.Member are solely responsible for independently verifying the quality, relevance, and/or accuracy of any information provided through the Services or User Content before relying on it, and for determining the suitability of any information that Member obtain through the Services or User Content. You acknowledge that use of the information and content that Member obtain through the Services or User Content is at your own risk.
By using the Website and the Services/User Content, you acknowledge and agree that (i) we are not responsible for validating or vetting the expertise or qualification of any particular user; (ii) we do not endorse or support any type of communication on the Website or Services, including through Slack; (iii) we have no liability to you with respect to any content, communication, other interaction with other COS Tech Network members and users that are facilitated through the Website or Services, including through Slack; and (iv) we do not make any representations or warranties with respect to the quality of communications between COS Tech Network members and/or users, do not guarantee that will be able to connect or interact with any particular COS Tech Network member or user, and we will not be liable to Member for any such failure. No agency or fiduciary relationship is established between COS Tech Network and any of its users.
If you or your Member has a dispute with one or more COS Tech Network users or members,Member release us and our officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes.
Member Conduct and Guidelines
Member may use the Website and Services only for lawful purposes and in accordance with these Terms of Service. Without limiting the generality of the foregoing, you, on behalf of yourself and your Member, agree to use the Website and Services in accordance with the provisions below:
Member will only use the Website and Services in accordance with the laws of your jurisdiction.
Member will be respectful and considerate of other members and will not harass or threaten other users or violate the rights of any other party, and Member will do your part to make the COS Tech Network community a safe, supportive community for all users.
Member will not impersonate someone else or misrepresent your affiliation with another person or company.
You will register for the Services using accurate and current information, and Member will not impersonate or attempt to impersonate COS Tech Network, a COS Tech Network employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
Member will not post User Content that infringes another’s intellectual property rights.
Member will not use the Website or Services to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
Member may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Website or any technology or content as may be shared in COS Tech Network meetings.
Member will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services, including any information included and shared in COS Tech Network meetings or in User Content, in any form whatsoever other than as expressly permitted under these Terms of Service.
Member will not use contact information received through the Website or Services, including any information included and shared in COS Tech Network meetings and/or on the Website, for phishing, spamming and other unsolicited communications or data collection.
Member will not use the Website and/or Services, including any information included and shared in COS Tech Network meetings, in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another’s use of the Services.
Member will not attempt to hack or otherwise gain unauthorized access to the Website or user accounts.
Member will not use high volume, automated, or electronic means to access the Website (including without limitation robots, spiders or scripts).
Member will not affect the display of the Website through use of framing, pop-ups or third party ads.
Member will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Website.
Member will not threaten, dox, or otherwise harass other members or users of the Website and/or Services.
Member will not act in a manner that violates these Terms of Service.
Member will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.
Member will not otherwise attempt to interfere with the proper working of the Services, or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by COS Tech Network, may harm COS Tech Network or users of the Services or expose them to liability.
Member will notify us immediately of any content of the Website and/or Services that violates these Terms of Service.
Any violation of the above may be grounds for termination of Member’s right to access or use the Services.
We have the right to (i) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website and/or Services or the public or could create liability for COS Tech Network; (ii) disclose Member’s identity or other information about Member to any third party who claims that material provided by Member using the Services violates their rights, including their intellectual property rights or their right to privacy; (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and/or Services; and (iv) terminate or suspend Member’s access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
Member WAIVE AND HOLD HARMLESS COS Tech Network AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Website and all past, present and future content of the Website, including all software, hardware and technology used to provide the Website and Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Website, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence, layout, and “look and feel” of the Website, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of COS Tech Network, are (i) owned by COS Tech Network, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms of Service.
Using our Website and/or Services does not give Member ownership of any intellectual property rights in our Website or Services or any content on the Website and/or from the Services. You may not use content from our Website or Services, including User Content, unless you obtain permission from COS Tech Network and the user who generated the content, if different from COS Tech Network, or are otherwise permitted by law. These Terms of Service do not grant Member the right to use any of our technology or intellectual property.Member may not remove, obscure, or alter any copyright or other legal notices displayed in our Website or along with our Services.
No right, title or interest in or to the Website or Services or any content on the Website or gained through the Services is transferred to Member, and all rights not expressly granted are reserved by COS Tech Network. Any use of the Website and/or Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Claims of Copyright Infringement
IfMember believe that Member’s copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:
COS Tech Network LLC
Attn: Erik Schreter
Email: erik@COS Tech Network.com
The notice should include:
Member’s full name and electronic or physical signature.
Member’s mailing address, phone number and email address (at which Member can be contacted by us or the alleged infringer).
A statement that Member are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
A statement that Member have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
A description of the copyrighted work(s) that Member claim has been infringed.
A description of the location of the copyrighted materials on the Website and/or Services.
Electronic Delivery Statement and Your Consent
You, on behalf of yourself and your Member, agree to receive legal notices and other information concerning COS Tech Network or the Website or Services electronically, including notice to any email address that Member may provide.
Disclaimer of Representations and Warranties
THE WEBSITE, SERVICES, USER CONTENT, AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COS Tech Network NOR ANY PERSON ASSOCIATED WITH COS Tech Network MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER COS Tech Network NOR ANYONE ASSOCIATED WITH COS Tech Network REPRESENTS OR WARRANTS THAT THE WEBSITE, SERVICES, USER CONTENT, OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE AND/OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE AND/OR SERVICES WILL OTHERWISE MEET Member’S NEEDS OR EXPECTATIONS.
COS Tech Network HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
Member’S USE OF (1) THE WEBSITE AND/OR SERVICES AND (2) ANY CONTENT ON THE WEBSITE OR DERIVED FROM SERVICES, INCLUDING ANY INFORMATION INCLUDED AND SHARED IN COS Tech Network MEETINGS AND/OR USER CONTENT, IS AT Member’S SOLE RISK AND DISCRETION.Member may not assert claims for money damages arising from the Services or any associated content against COS Tech Network, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. COS Tech Network, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) Member’s use, or inability to use, the Services or any associated content or User Content; (ii) any interaction with any third party through or in connection with the Services, including other COS Tech Network members or users, and including User Content; (iii) any information offered or provided within or through the Services; or (iii) any other matter relating to the Website or Services. In no event shall COS Tech Network, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents be liable to Member in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
You are solely legally liable if Member’s use or misuse of the Website and/or Services or any associated content, including User Content, causes damage to the Website and/or Services, to Member, or to someone or something else. You, on behalf of yourself and your Member, agree to defend, indemnify, and hold harmless COS Tech Network, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney’s fees and investigation costs), that arise from or relate to Member’s use or misuse of the Website, Services, and/or User Content, violation of these Terms of Service, or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event Member will cooperate with us in asserting any available defenses.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Service, the Website, and/or Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
Choice of Law and Jurisdiction
You, on behalf of yourself and your Member agree, that the laws of the State of New York and U.S. federal law govern these Terms of Service, Member’s use of the Website and/or Services, and any claim or dispute that you may have against COS Tech Network, without regard to New York’s conflict of laws rules.Member consent to the personal and exclusive jurisdiction of the federal and state courts of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You understand that you ON BEHALF OF YOURSELF AND YOUR Member are waiving Member’S right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents Member from participating as a plaintiff or as a class member in any purported class action or representative proceeding.
Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties.You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.
Member’s arbitration fees and Member’s share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required.Except as otherwise provided in these Terms of Service, you and COS Tech Network may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between Member and COS Tech Network shall be exclusively brought in the state or federal courts of New York.
Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.
Severability and Integration
These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between Member and COS Tech Network. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Member may not assign these Terms of Service without COS Tech Network’s prior written approval. COS Tech Network may assign these Terms of Service without your consent or your Member’s consent to: (i) a subsidiary or affiliate; (ii) an acquirer of COS Tech Network’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between Member and COS Tech Network as a result of these Terms of Service or Member’s use of the Services. Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by COS Tech Network in writing.
The Website and Services are operated by COS Tech Network LLC. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
COS Tech Network LLC