Terms & Conditions
1. Introduction
1.1 Overview of the Company and Services Provided
Cosnetix LLC, is a dynamic and forward-thinking software development organization that specializes in the creation of cutting-edge genomic applications. Leveraging the prowess of contemporary technology and the power of genetic science, the Company operates in the frontier of beauty and skincare.
Cosnetix.com, a software platform that uses complex algorithms and innovative data processing techniques to analyze genetic sequencing data provided by the users. Our software does not require any medical expertise for use and has been designed to provide a user-friendly experience to our customers, regardless of their technical or genetic expertise.
Cosnetix.com provides recommendations for cosmetic products that may be suitable for users based on the analysis of their genetic sequencing data. It explores a plethora of beauty products available in the market and aligns them with the unique genetic makeup of the user. The recommendations provided aim to help our users to make more personalized choices in skincare and beauty products, thus enhancing the overall efficacy of their skincare routines.
It's important to note that our services are purely recreational and are not intended to serve as a substitute for professional medical advice, diagnosis, or treatment. While our software makes use of scientific data, it should not be used to predict, prevent, or treat any medical or health conditions. The use of the software is entirely at the user's discretion and risk.
Cosnetix.com aspires to make the experience of choosing cosmetic products more personalized and efficient by incorporating scientific advancements and data technology. We encourage our users to enjoy the unique insights provided by our software, but to always consult with healthcare professionals regarding any medical or health-related decisions or concerns.
1.2 Definition of Key Terms
In these Terms and Conditions, the following words and phrases shall have the corresponding meanings:
1. "Cosnetix" or "The Company" refers to Cosnetix, the owner and operator of the Cosnetix.com software, which provides recommendations for cosmetic products based on user's genetic sequencing data.
2. "Cosnetix.com" or "The Software" refers to the proprietary software developed by Cosnetix to provide skincare and beauty product recommendations, accessed through the Cosnetix website or any other approved access points.
3. "User" refers to any individual or entity that accesses or uses the Cosnetix.com software, having agreed to these Terms and Conditions.
4. "Genetic Data" refers to the genetic sequencing data provided by the User for the purpose of receiving personalized cosmetic product recommendations.
5. "Services" refers to the product recommendation services provided by Cosnetix.com, based on analysis of the User's genetic data.
6. "Terms" or "Agreement" refers to these Terms and Conditions and any future amendments.
7. "Content" refers to any text, graphics, images, music, software, audio, video, information, or other materials appearing on Cosnetix.com.
8. "Third Party Links" refers to any hyperlinks or references to third-party websites or services that may appear on Cosnetix.com.
9. "Privacy Policy" refers to Cosnetix's policy detailing how it collects, uses, discloses, and manages User's data, which is incorporated into these Terms by reference.
Please note that these definitions are used for clarity throughout these Terms and should be considered when interpreting the Agreement.
2. Acceptance of Terms
2.1 User Consent Upon Using the Software or its Services
By accessing and using Cosnetix.com, the User acknowledges and agrees to be bound by these Terms and Conditions, which form a legally binding agreement between the User and Cosnetix. If the User does not agree with any part of these Terms, they should not access or use the Software or any of the Services provided by Cosnetix.
The User represents and warrants that they are at least 18 years old, or the legal age of majority in their jurisdiction if it is older, and have the legal capacity to enter into this Agreement. If the User is accessing or using Cosnetix.com on behalf of an entity, they represent and warrant that they have the authority to bind that entity to the Agreement and by accepting the Agreement, they are doing so on behalf of that entity (and all references to "User" in the Agreement refer to that entity).
The User's access to and use of Cosnetix.com implies their acknowledgement and acceptance of our Privacy Policy, and their consent to the collection, storage, use, and disclosure of their Genetic Data and any other information they provide in accordance with the Privacy Policy.
By providing their Genetic Data to Cosnetix, the User consents to Cosnetix's use of such data to provide the Services, including the generation of personalized cosmetic product recommendations.
By using the Software, the User also agrees to abide by any and all applicable local, state, national, and international laws and regulations applicable to the use of the Software and Services. The User agrees that they will not, in any way, use the Software or Services to infringe upon the rights of others, or in any way that is illegal, discriminatory, or harmful.
The act of accessing and using Cosnetix.com signifies the User's explicit acceptance of these Terms, and they acknowledge their understanding of the full content of this Agreement. Upon acceptance, these Terms will have legal effect and govern the relationship between Cosnetix and the User.
2.2 Procedure for Changes in the Terms and Conditions
Cosnetix reserves the right, in its sole discretion, to revise or modify these Terms and Conditions at any time, and by using the Software, the User agrees to be bound by such revisions or modifications. Any changes made will become effective immediately upon being posted on Cosnetix.com, unless stated otherwise.
When material changes are made to these Terms and Conditions, Cosnetix will endeavor to provide the User with reasonable notice before the changes become effective. This notice may be provided at our discretion through an email notification, a notice on the Site, or after logging into the Software.
The User is responsible for periodically reviewing the most up-to-date version of these Terms and Conditions as posted on Cosnetix.com. Continued use of the Software after any changes to these Terms and Conditions constitutes the User's acceptance of the new Terms and Conditions. If the User does not agree to these or any future Terms, they should not use, or should discontinue the use of Cosnetix.com.
Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and the User should refer to those before accessing or purchasing such services or products.
3. Description of Service
3.1 Detailed Explanation of What the Software Does
Cosnetix.com, as operated by Cosnetix (the "Company"), offers a cosmetic product recommendation service, which operates through a proprietary algorithm developed by the Company that employs machine learning genotyping technology. This advanced technology has been specifically designed to generate personalized skincare product recommendations. The foundation of this unique approach relies on the intersection of a user's self-reported physical profile, their genotypic profile (should they choose to provide it), and our product-ingredient profile database.
Upon registering with Cosnetix.com, the user will be invited to participate in an interactive questionnaire designed to elicit specific information regarding their skin's physical features. This data, which remains confidential and secure as per our Privacy Policy, informs part of the initial user profile.
Users also have the option to upload their genotypic data. This genotypic data, when provided, serves to enhance the depth of the user profile. We leverage this additional layer of information to further tailor our skincare recommendations. Please note that while providing genotypic data can enhance the personalization of the product recommendations, it is not a requirement for using the service, and users can still receive skincare recommendations based on their self-reported physical profile alone.
The genotypic data and the user-reported physical profile, when both provided, are analyzed using our proprietary machine learning model. This model cross-references this comprehensive user profile against our product-ingredient profile database, a robust collection of information on a wide array of skincare products and their constituent ingredients.
The goal of this process is to generate a curated set of skincare product recommendations specifically tailored to each user's unique needs, as determined by their user profile. The user profile, composed of the genotypic data and self-reported physical features, enables a customized approach that aims to align individual skincare needs with the most suitable products, based on their ingredients and claimed benefits.
Our algorithm is subject to constant updates and improvements. User feedback and insights from genome-wide association studies are routinely integrated into the machine learning model to ensure the most accurate and effective skincare product recommendations possible.
However, it is of utmost importance to note that Cosnetix.com is not intended to be a substitute for professional medical advice or treatment, nor is it a diagnostic tool for any health-related issues. While Cosnetix.com utilizes sophisticated technology to provide a personalized skincare recommendation service, these recommendations should be interpreted and used as recreational suggestions, and not medical advice. All users are strongly advised to consult with a healthcare professional before making any changes to their skincare routine.
3.2 Emphasis on the Software Being a Tool for Recreational Purposes Only, Not Intended to Provide Medical Advice
Cosnetix.com provides a unique, engaging, and novel way to explore potential skincare products and practices based on user-provided information and genotypic data. However, it is vital for all users to understand that Cosnetix.com is a tool designed for recreational purposes only.
The skincare product recommendations provided by our software do not constitute medical advice, diagnosis, or treatment of any kind. While the software operates by leveraging intricate algorithms and complex data analysis, the recommendations generated should not be used to diagnose, treat, cure, or prevent any disease or health condition, including any skin conditions.
The purpose of Cosnetix.com is to introduce an innovative, personalized, and engaging way to explore cosmetic products that may potentially align with a user's skincare preferences and goals. These recommendations should be viewed as suggestions rather than directives, and should be considered as part of a broader skincare strategy that includes consultation with healthcare or skincare professionals.
Users should always consult with a healthcare professional, dermatologist, or other qualified health provider with any questions regarding a medical condition or treatment decisions. Decisions regarding health and skincare should not be based solely on the use of our software and services. The Company does not advocate self-diagnosis or self-medication, and encourages users to use the information provided by our software responsibly.
By using Cosnetix.com, the user acknowledges and agrees that the software is not a medical device and the recommendations provided are not intended to replace professional medical advice. The user assumes full responsibility for any decisions or actions they take based on the information obtained through our software and services.
4. User Registration and Privacy
4.1 Procedure for User Registration
To access and use the services offered by Cosnetix.com, it is necessary for the user to register and create an account.
During the registration process, the user will be asked to provide certain personal information, which may include, but is not limited to, the user's full name, email address, and password. This information will be used to create an individual user account and profile. In some cases, the user may also be asked to provide additional optional information, such as demographic data, to assist with the customization of the services.
The user is responsible for maintaining the confidentiality of their account login information and for all activities that occur under their account. The user agrees to immediately notify Cosnetix of any unauthorized use, or suspected unauthorized use, of their account or any other breach of security.
The user represents and warrants that all registration information they submit is truthful and accurate, and that they will maintain the accuracy of such information. Any false, inaccurate, or misleading information provided during the registration process may result in the suspension or termination of the user's account.
When the user registers and creates an account with Cosnetix.com, they are affirming their understanding of, and agreement with, our Privacy Policy. The user consents to the collection, use, disclosure, and processing of their personal data in accordance with the Privacy Policy, which is incorporated by reference into these Terms and Conditions.
It should be noted that certain features and functions of Cosnetix.com, including the provision of personalized skincare recommendations, may require the user to provide additional data, such as genotypic data. Users are not obligated to provide such information but should be aware that the decision to withhold such information may limit the functionality and personalization of the services provided.
It is reiterated that the provision and use of genotypic data are subject to the user's explicit consent and compliance with all applicable laws and regulations. Users who elect to provide genotypic data acknowledge and agree to the use of this data for the purpose of providing the services, as described in these Terms and Conditions and the Privacy Policy.
4.2 Privacy Policy: How the Software Uses, Stores, and Protects User Data, Especially the Highly Sensitive Genetic Data**
At Cosnetix, we respect the privacy of our users and are committed to protecting user information and using it responsibly. This section outlines our practices concerning the collection, use, storage, and protection of user data, including the sensitive genetic data users may choose to provide.
Collection of User Data
Upon registration, we collect personal information including but not limited to your name, email address, and demographic information. Should users opt to provide genotypic data for an enhanced user experience, this data will also be collected.
Use of User Data
The personal information collected during registration is used to create and manage your account, provide services, and communicate with you about our services. Your genotypic data, if provided, is used to enhance the personalization of the product recommendations provided by our software. We do not share or sell your personal or genotypic data with any third parties for marketing or advertising purposes.
Storage of User Data
All user data is stored securely on servers that employ high-standard encryption methods. Genotypic data, due to its sensitive nature, is subject to additional layers of encryption and security measures.
Protection of User Data
At Cosnetix, we adopt industry-standard practices and security measures to protect the user data we hold. This includes the use of secure server technology, firewalls, encryption, and other necessary technical and organizational measures. However, while we strive to protect your data, no system is completely immune from external threats, and as such, we cannot guarantee absolute security of your data.
Sharing and Disclosure of User Data
Cosnetix will not share, sell, lease, or rent your personal or genotypic data to third parties without your explicit consent, except as necessary to provide the services or as required by law.
User Rights
Users have the right to access their personal and genotypic data, correct inaccuracies, request the deletion of their data, and withdraw consent for the use of their data at any time. However, users should note that withdrawing consent for the use of their genotypic data may impact the functionality of the services provided.
Data Retention
We retain your personal data for as long as your account is active or as needed to provide our services. Genotypic data is stored separately and securely, and is deleted upon user request or after account deactivation, in accordance with applicable laws and regulations.
By using Cosnetix.com, the user acknowledges and agrees that they have read, understood, and accepted the practices outlined in this Privacy Policy. For further information, please refer to our full Privacy Policy available on our website.
4.3 User Consent to Data Handling as Described in the Privacy Policy
By creating an account and using the services provided by Cosnetix.com, the user is providing explicit consent to the collection, use, processing, storage, and disclosure of their personal information and genotypic data, where provided, as outlined in the Privacy Policy.
The user understands that this consent is voluntary and can be withdrawn at any time, in accordance with the provisions set out in the Privacy Policy. However, the user also understands that withdrawing their consent may affect the availability and functionality of the services provided by Cosnetix.com.
The user acknowledges that they have read and understood the Privacy Policy in its entirety. By agreeing to these Terms and Conditions, and continuing to use the services provided by Cosnetix.com, the user is affirming their agreement to the practices described in the Privacy Policy.
This consent applies to the collection and use of personal information, including the sensitive genotypic data that the user may choose to provide to enhance the personalization of the product recommendations provided by our software.
The user understands and accepts that their genotypic data will be used solely for the purpose of providing the services described in these Terms and Conditions and the Privacy Policy. This data will not be shared with third parties without the user's explicit consent, except as necessary to provide the services or as required by law.
The user also acknowledges that they have the right to access, correct, and delete their personal and genotypic data, and that they can withdraw their consent for the use of their data at any time, in accordance with the provisions of the Privacy Policy.
By registering an account with Cosnetix.com, the user confirms their understanding and agreement to these terms regarding the collection and use of their data.
5. User Obligations
5.1 User Conduct: Rules and Regulations for Using the Software
Users of Cosnetix.com are expected to use the software responsibly and ethically. By agreeing to these Terms and Conditions, the user accepts and agrees to abide by the following rules and regulations:
1. Accurate Information: Users are required to provide accurate, current, and complete information when registering for an account and when providing any additional data, including genotypic data, to Cosnetix.com. The user is responsible for the accuracy and completeness of this information.
2. Account Security: Users are responsible for maintaining the security and confidentiality of their account login information. Any unauthorized use or suspected breach of account security must be reported to Cosnetix immediately.
3. Legal Use: The services provided by Cosnetix.com should be used for lawful purposes only. Any illegal activities, including but not limited to, data breaches, hacking, or any other unauthorized access or use of the software, are strictly prohibited.
4. Respectful Conduct: Users must respect the rights and dignity of others when using the services provided by Cosnetix.com. This includes, but is not limited to, refraining from harassment, abuse, stalking, threatening, or infringing upon the rights of any other user or third party.
5. Intellectual Property Rights: Users must respect the intellectual property rights of Cosnetix and any third parties. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder's rights.
6. Non-Medical Use: Users understand that the recommendations provided by Cosnetix.com are for recreational purposes only, and are not intended to replace professional medical advice or treatment. Users agree to seek professional advice before making any decisions or taking any actions based on the information obtained through the use of our software and services.
7. No Redistribution of Service*: Users agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service, without express written permission from Cosnetix.
8. No Disruption: Users agree not to interfere with or disrupt the integrity or performance of the services or the data contained therein.
Failure to comply with these rules and regulations may result in the termination of the user's account and access to the services provided by Cosnetix.com. Cosnetix reserves the right to enforce this policy at its sole discretion.
5.2 Requirement for Users to Provide Accurate Information
Users are required to provide accurate, current, and complete information during the registration process and at any time they are requested to provide additional data by Cosnetix.com.
The quality and effectiveness of the services provided by Cosnetix.com depend on the accuracy of the information provided by the user. This includes, but is not limited to, personal information required for registration, optional demographic data, and any genotypic data that the user chooses to provide.
The user acknowledges that they are solely responsible for the accuracy and completeness of the information they provide. They also understand that providing false or misleading information may affect the accuracy of the recommendations provided by the software, and may also result in the suspension or termination of their account.
If there are any changes to the information provided by the user, including changes in their skincare preferences or goals, it is the user's responsibility to update their information in a timely manner to ensure the continued accuracy of the recommendations provided by Cosnetix.com.
By agreeing to these Terms and Conditions, the user represents and warrants that all information they provide to Cosnetix is truthful, accurate, current, and complete, and that they will maintain the accuracy of this information for as long as they use the services provided by Cosnetix.com.
6. Intellectual Property Rights
6.1 Assertion of the Company's Ownership of the Software and its Underlying Technology
Cosnetix.com and its associated services, including the proprietary software and underlying technology, are the exclusive property of Cosnetix. All rights, title, and interest in and to the software and technology, including all associated intellectual property rights, are and will remain with Cosnetix. This includes, but is not limited to, any and all copyrights, trademarks, patents, trade secrets, logos, domain names, and other distinctive brand features.
Cosnetix.com, including its user interface, algorithms, features, and underlying technology, are protected by copyright, trademark, patent, and other laws of both the United States and foreign countries. Cosnetix reserves all rights not expressly granted in these Terms and Conditions.
No part of Cosnetix.com, including the software and underlying technology, may be copied, modified, distributed, sold, or reproduced in any form or by any means without the prior written consent of Cosnetix. Unauthorized use of the software or any part of its technology constitutes a violation of not only these Terms and Conditions but also intellectual property laws.
The user acknowledges that they do not acquire any ownership rights by using Cosnetix.com or any of its services, or by accessing any of the software or technology. The user also agrees to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through Cosnetix.com.
By agreeing to these Terms and Conditions, the user acknowledges and agrees to respect and uphold all intellectual property rights associated with Cosnetix.com, its software, and technology. Any violation of these intellectual property rights may result in legal action.
6.2 Limitations on User Rights to Copy, Modify, or Distribute the Software
While users are granted the license to use Cosnetix.com and its services, it is important to note that this does not confer any rights to copy, modify, distribute, publicly display, publicly perform, sublicense, republish, reverse engineer, or create derivative works of the software or any part of its underlying technology.
Copying, modification, distribution, public display, public performance, sublicensing, republishing, reverse engineering, or creation of derivative works of Cosnetix.com, its software or technology, in whole or in part, is expressly prohibited without the prior written consent of Cosnetix.
The user agrees to not engage in any activity that interferes with or disrupts the functioning of Cosnetix.com or its services, including any servers or networks connected to the services. The user further agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Cosnetix.com or the services in any manner.
Additionally, the user agrees not to access Cosnetix.com or the services in a manner that utilizes the resources more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the content, but not caches or archives of such content.
Cosnetix reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion. Any unauthorized use of the software, technology or services provided by Cosnetix.com constitutes a violation of these Terms and Conditions and may also constitute a violation of copyright, trademark, patent, and other applicable laws, and could result in criminal or civil penalties.
7. Limitation of Liability and Disclaimer
7.1 Declaration of the Software as a Recreational Tool, Not a Medical Diagnostic Tool
Cosnetix.com and its associated services are provided as a tool for recreational and informational purposes only and are not intended to, nor do they, constitute medical or other professional advice. The software and services should not be used for diagnostic or treatment purposes, and do not substitute for professional medical advice. Users are encouraged to consult with a qualified healthcare professional for medical advice.
While Cosnetix.com provides recommendations for cosmetic products based on the analysis of physical and genotypic profiles, these recommendations are intended to be a general guide and are not tailored to individual medical needs. They do not take into account all possible variables, including those related to the user's overall health, environmental factors, or other personal circumstances that may impact skincare needs.
Cosnetix makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the content provided on or through the use of Cosnetix.com or its services. The use of Cosnetix.com and its services is at the user's own risk.
The user acknowledges that the recommendations provided by Cosnetix.com do not constitute medical advice and should not be relied upon for making medical decisions. The user agrees to consult with a healthcare professional before making any decisions or taking any actions that may affect their health or wellbeing based on the information or recommendations provided by Cosnetix.com.
By using Cosnetix.com, the user agrees that Cosnetix is not responsible or liable for any claim, loss, or damage arising from the use of the software or its services. The user agrees to use Cosnetix.com and its services at their own risk and acknowledges that they are solely responsible for any decisions they make based on the information or recommendations provided.
7.2 Limitations on the Company's Liability for Any Harm Caused by the Use of the Software
While Cosnetix takes great care to ensure the quality and accuracy of the services provided by Cosnetix.com, we cannot guarantee that the software or services will be free from errors, omissions, inaccuracies, interruptions, or that they will meet your specific needs or expectations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSNETIX, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, COSNETIX.COM AND ITS SERVICES.
UNDER NO CIRCUMSTANCES WILL COSNETIX BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. COSNETIX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
Notwithstanding the foregoing, in the event that Cosnetix is found to be liable for any damage or loss which arises out of or is in any way connected with your use of Cosnetix.com or its services, Cosnetix's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the service paid in the six months prior to the date of the initial claim made against Cosnetix, or (2) $100.00 USD.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
By using Cosnetix.com, you agree to defend, indemnify, and hold harmless Cosnetix, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from your use of, or inability to use, Cosnetix.com and its services. This defense and indemnification obligation will survive these Terms and Conditions and your use of Cosnetix.com.
7.3 Disclaimer of Any Warranties That the Software Will Meet User's Expectations or That It Will be Uninterrupted or Error-Free
Cosnetix provides Cosnetix.com and its associated services on an "as is" and "as available" basis, without warranty of any kind, either express or implied. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
Cosnetix does not warrant that the functions contained in Cosnetix.com or the services will meet your requirements or expectations, or that the operation of Cosnetix.com will be uninterrupted or error-free. No advice or information, whether oral or written, obtained from Cosnetix or through Cosnetix.com or its services, will create any warranty not expressly made herein.
Furthermore, Cosnetix does not warrant or make any representations concerning the accuracy, likely results, reliability, or completeness of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. We do not warrant that the site, its servers, the content, or e-mails sent from or on behalf of Cosnetix are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Your use of Cosnetix.com and the services is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material through Cosnetix.com.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
By using Cosnetix.com and its services, you acknowledge that you have read and understand these disclaimers and agree to abide by them.
8. Third Party Links and Services
8.1 Explanation That the Company is Not Responsible for Any Third-Party Services, Websites, or Links That Might Be Included in the Software
Cosnetix.com may contain links to third-party websites or services that are not owned or controlled by Cosnetix. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or have any responsibility for the content of the linked website(s).
Cosnetix has no control over, and assumes no responsibility for, the content, privacy policies, practices of any third-party web sites or services, or any of their contents. You acknowledge and agree that Cosnetix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with their practices. If you decide to access any of the third-party websites linked to our services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
By using Cosnetix.com and its services, you expressly relieve Cosnetix from any and all liability arising from your use of any third-party website or services or third party-owned content. We encourage you to be aware when you leave Cosnetix.com, and to read the terms and conditions and privacy policy of each other website that you visit.
9. Termination of Service
9.1 Conditions Under Which the Company Can Terminate User's Access to the Software
Cosnetix reserves the right, at its sole discretion, to terminate your access to Cosnetix.com and its associated services, without any prior notice, for any reason or for no reason at all. Grounds for such termination may include (but are not limited to):
1. Breach or violation of these Terms and Conditions or any other incorporated agreement or guideline.
2. Request by law enforcement or other government agencies.
3. Discontinuance or material modification to Cosnetix.com (or any part thereof).
4. Unexpected technical or security issues or problems.
5. Extended periods of inactivity.
6. Engagement by you in fraudulent or illegal activities, and/or
7. Nonpayment of any fees owed by you in relation to Cosnetix.com and its services.
Upon termination, your right to use Cosnetix.com and its associated services will immediately cease. Additionally, Cosnetix shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Notwithstanding any of these Terms and Conditions, Cosnetix reserves the right, without notice and in its sole discretion, to terminate your license to use Cosnetix.com, and to block or prevent your future access to and use of the services.
Upon termination, all provisions of these Terms and Conditions which, by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
By using Cosnetix.com and its services, you agree to these conditions for termination and understand the actions Cosnetix may take in the event of termination.
10. Governing Law and Dispute Resolution
10.1 Law Under Which the Terms and Conditions are Framed
These Terms and Conditions, and any disputes arising out of or related to them or to Cosnetix.com and its services, shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws rules that could cause the application of the laws of any other jurisdiction.
By using Cosnetix.com, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration agreement discussed below, or where you have opted out of arbitration, will be the state and federal courts located in Harris County, Texas.
By accessing or using Cosnetix.com and its services, you explicitly agree that all disputes, claims, or causes of action arising from or related to the use of Cosnetix.com or these Terms and Conditions will be resolved individually without resort to any form of class action.
Unless both you and Cosnetix agree otherwise in writing, 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 any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by the American Arbitration Association, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
By using Cosnetix.com and its services, you agree to these conditions regarding governing law and dispute resolution, and understand the legal requirements set forth herein.
10.2 Method for Resolving Any Disputes That Arise Out of the Terms and Conditions
All claims and disputes arising under or relating to these Terms and Conditions are to be settled by binding arbitration in the state of Texas or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees.
An award of arbitration may be confirmed in a court of competent jurisdiction. You agree that all arbitration proceedings will be kept confidential and that all records of such proceedings will be kept confidential, except to the extent necessary to enforce or challenge the award or except as is otherwise required by law.
Both you and Cosnetix waive the right to a trial by jury. Both parties agree that any proceedings to resolve or litigate any dispute, whether through a court of law or arbitration, will be conducted solely on an individual basis, and that neither party will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which one acts or proposes to act in a representative capacity.
You acknowledge and agree that you are waiving the right to participate in a class or representative action. To the maximum extent permissible by law, you agree that unless both you and Cosnetix 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.
By using Cosnetix.com and its services, you agree to these conditions regarding dispute resolution and understand the methods outlined for resolving any potential disputes.
11. Contact Information
11.1 Company Contact Information
For any questions or concerns regarding these Terms and Conditions, or to report any violations of these terms, please contact Cosnetix at the following:
Cosnetix, LLC
16310 Acapulco Dr,
Houston, TX 77040,
United States
Email: diana@cosnetix.com
Please include a detailed description of your concern or dispute, your full contact details, and your account username (if applicable) in your communication. We will endeavor to address and resolve your concerns as soon as possible, usually within 30 business days.
For official legal correspondence, please use the postal address provided above. Legal notices sent to any other address will not be responded to.
By using Cosnetix.com and its services, you acknowledge and agree to use these contact details to communicate your questions, concerns, or any potential disputes related to the services offered by Cosnetix.com or these Terms and Conditions.