COBALT WEBSITE TERMS OF SERVICE

These terms of use are an agreement between Cobalt Technologies, Inc. (“we,” “us” or “our”) and the person or company accepting these terms (“you” or “your”). This agreement (the “Agreement”) also governs your use of the services made available through the website www.cobalt.co (the “Website”). By using the Website, you acknowledge that you have reviewed and agree to all of the terms of this Agreement.  Your use of certain parts of the Website may also be subject to additional terms outlined elsewhere on the Website or separate terms of service.  If you do not agree to these terms, you may not access or use the Website.

We reserve the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you.  All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following changes means that you accept and agree to the changes. We encourage you to check this page from time to time, so you are aware of any changes.

We also reserve the right, in our sole discretion, to restrict, suspend or terminate access to all or any part of the Website or to change, suspend or discontinue all or any aspect of the Website, including the availability of any feature, database, information or content, at any time and without prior notice or liability.

By using the Website, you also acknowledge that you are aware of and accept the terms of our Privacy Policy.

  1. Our Content; Trademarks
    1. The Website and its information, software, text, photographs, graphics, links, designs, audio, and other material (collectively, the “Content”) provided on the Website are owned or licensed by us and protected by copyright, trademark or other proprietary rights. We grant you a limited nonexclusive license to use the information on the Website for non-commercial use.  You may download or copy the Content for noncommercial use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal or noncommercial use is expressly prohibited without prior written permission.  Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law.
    2. Our name, our logo, and all related names, logos, product and service names, designs, and slogans are either our trademarks or trademarks of our affiliates or licensors. You will not use such marks without our prior written permission.
  1. Prohibited Uses
    1. You may use the Website only for lawful purposes and in accordance with this Agreement. You agree not to use the Website:
      1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
      2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
      3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
      4. To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity.
      5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website.
      6. In any way that could reasonably be expected to interfere with the proper working of the Website.
  1. Products and Services
  2. The products and services available on the Website are for personal use only.  You may not sell or resell any of the products or services you purchase or otherwise receive from us.  All information provided on the Website is for informational purposes only.  Although we try our best to describe and display the products and services accurately, we do not warrant that the product descriptions or service descriptions are accurate, complete, current, or error-free.

  1. User Content
    1. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow you to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”). Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any User Contribution.
    2. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
    3. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
    4. You agree that your User Contributions will not:
      1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
      2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
      3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
      4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement or our Privacy Policy.
  2. We have the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for us or our affiliates.

  1. Registration
    1. To use portions of the Website, you must register and provide personal data, including contact information. You agree to provide true and accurate information in connection with your registration and to promptly notify us of any changes in the registration information. This Website is not intended for use by persons under the age of 18. Your use of information provided by you is subject to and governed by the terms of this Agreement and our privacy policy. You are fully liable for all use of the Website accessed through your registration information, including any use by a user not authorized by you who accesses the Website using your registration information and any purchases made through your registration information. You should promptly notify us of any unauthorized use of your registration information or other breaches of security.
    2. If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.
  1. Information; Third-Party Content
    1. The information presented on or through the Website is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
    2. In connection with using the Website, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. We do not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
    3. We may include or provide links on the Website to other websites on the Internet, include social media websites, which may include information, opinions, or recommendations of various individuals, organizations, or companies. In providing such links, we do not represent to you that we have investigated the content of such information, opinions or recommendations, and does not warrant or guarantee the accuracy of such information or necessarily endorse any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that we have no control over such sites and that we are not responsible for the availability of such external sites.
  1. Disclaimer of Warranties
  2. THE WEBSITE AND OUR SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.”  WE MAKE NO PROMISES ABOUT OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHER VIOLATION OF RIGHTS, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE.  WE ALSO DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE WEBSITE.

  1. Liability Waiver
  2. WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED $1,000 REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification
  2. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF OR ACCESS TO THIS WEBSITE.  YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.

  1. Digital Millennium Copyright Act
    1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials from this Website by submitting written notification to our agent designated below.
    2. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  2. Our designated agent to receive DMCA Notices is:

    By letter:
    COBALT
    595 Pacific Ave, 4th Floor
    San Francisco, CA 94133

    by e-mail:
    support@cobalt.co

  1. Disputes Resolution and Choice of Forum
    1. This Agreement is governed by, and construed in accordance with, the laws of the State of California, without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdiction. Any legal action, claim, or proceeding relating to or arising out this Agreement shall be instituted in a state or federal court of competent jurisdiction in San Francisco, California. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement.
    2. If no court in California is found to have jurisdiction, then the parties shall adjudicate any dispute arising out of or relating to this Agreement by binding arbitration administered by the International Centre for Dispute Resolution in San Francisco, California in accordance with its International Arbitration Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
    3. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
    4. THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
  1. Severability
  2. If any provision of this Agreement is for any reason held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision will be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision.

  1. Non-Waiver
  2. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition this Agreement or any breach, in any one instance, will not waive such term or condition or any subsequent breach.

  1. Force Majeure
  2. If we are unable or unwilling, in our reasonable discretion, to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to epidemic or pandemic (including the widespread transmission of COVID-19), lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications,  utility services or other third-party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.

  1. General Terms
    1. If you have executed a separate agreement with us applicable to your access to and use of the Website, then the terms and conditions of that agreement prevail to the extent of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior communications and proposals.
    2. We are the sole owner of all right, title, and interest in the Website and we reserve all rights not granted to you under this Agreement.
    3. You may access the Website only if you are 18 years of age or older. We control and operate the Website from our offices within the United States. We do not represent that the Website is appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. If you choose to access the Website from locations outside the United States, you are solely responsible for compliance with applicable laws.
    4. You are solely responsible for obtaining and maintaining any equipment and services needed to connect to, access, and use the Website.
    5. We may give notice using a customer notification on the Website, electronic mail to your email address on record, or by written communication sent by first-class mail or pre-paid post to your address provided at registration. You may give notice to us at any time by letter sent by email to support@cobalt.co or by letter delivered first-class mail to COBALT at 595 Pacific Ave, 4th Floor San Francisco, CA 94133. All notices shall be deemed to have been given five days after mailing (if sent by first class mail) or 24 hours after sending by email.
    6. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.