New York, NY 11101, USA
+1224.338.6821
hello@cosmosafe.com

Terms Of Use

Terms of Use

TERMS OF USE
Last Modified: May 2, 2019

1. Acceptance of the Terms of Use.
The following terms and conditions (“Terms of Use”) govern your access to and use of cosmosafe.com, including any content, functionality, and services offered on or through cosmosafe.com (the “Website”). Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website. The Website is not available to any users previously suspended or removed from the Website by Cosmosafe, Inc. (the “Company” or “we”). By using or registering an account for the Website, you represent (1) that you have not been previously suspended or removed from the Website by the Company, (2) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations, and (3) that you are at least 13 years of age or, if less than 13 years of age, you are accessing the Website with the consent of your parent or legal guardian.

2. Changes to the Terms of Use. The Company reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Use at any time, and to introduce other guidelines to which your use of the Website is subject, such as a privacy policy and/or copyright policy. Please check the Terms of Use periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes and policies. For any material changes to the Terms of Use, the Company will make reasonable effort to provide notice to you of such amended terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against you on the earlier of (1) your actual notice of such changes and (2) thirty days after the Company makes reasonable attempt to provide you such notice. However, any changes to the dispute resolution provisions set out in Sections 16 and 17 below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

3. Accessing the Website Account Security.
In order to use certain features of the Website, you must register for an account. You may be provided a temporary password in connection with your account. You are solely responsible for updating temporary password to protect your account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to the Company, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You further agree not to use any other person’s account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 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 your password or other personal information. We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Integrated Service.

The Company may permit you to register for the Website through, or otherwise associate your account with, certain third party social networking or integrated services, such as Facebook Connect and Google (“Integrated Service”). By registering for the Website using (or otherwise granting access to) an Integrated Service, you agree that the Company may access your Integrated Service’s account information, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Website via the Integrated Service. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Website through the Integrated Service. The Company does not control the practices of Integrated Services, and you are advised to read the privacy policy and terms and conditions of any Integrated Service that you use to understand their practices.

5. Intellectual Property Rights.
The Website is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (collectively, the “Website Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content (as defined below) provided and owned by users and except as otherwise set forth in this Section 5, all Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to the Company, and the Company reserves all rights therein and thereto not expressly granted by these Terms of Use.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, broadcast, create derivative works of, publicly display, publicly perform, republish, download, store, sell, license, or transmit any of the material on our Website, unless otherwise permitted by the Company.

You must not access or use for any commercial purposes (i.e., any purpose that results in pecuniary gain to you) any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.


The Company may make available (for a fee) on the Website certain educational videos, exercises, and related supplementary materials that are owned by the Company or its third-party licensors (collectively, the “Licensed Educational Content”). The Company grants to you a non-exclusive, non-transferable right to access to and use the Licensed Educational Content as made available on the Website by the Company solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Educational Content is made available to users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.

6. Prohibited Uses.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

(1) for any commercial use or purpose, including the sale of advertising, sponsorships or promotions placed on or within the Website or content, unless expressly permitted by the Company in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
(2) to rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses for any Website Materials;
(3) to post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
(4) to post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
(5) to impersonate any person or entity (including, without limitation, by using email addresses or screen names associated with the foregoing), falsely claim an affiliation with any person or entity, or access the Website accounts of others, or perform any other fraudulent activity;
(6) to delete the copyright or other proprietary rights on the Website or on any Licensed Educational Content or User Content;
(7) to assert, or authorize, assist, or encourage any third party to assert, against the Company or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content or User Content you have used, submitted, or otherwise made available on or through the Website;
(8) to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
(9) for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data and protection and privacy, or those designed to protect minors from exploitation or harm on the internet;
(10) to defame, harass, abuse, threaten or defraud users of the Website, or collect, or attempt to collect, personal information about users or third parties without their consent;
(11) to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, or User Content;
(12) to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(13) to modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by the Company herein or to the extent the foregoing restriction is expressly prohibited by applicable law;
(14) to intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including, without limitation, by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; or
(15) in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including such other party’s ability to engage in real time activities through the Website.

7. User Content.
The Company may permit the posting, publishing, and/or submitting by you and other users of notes, questions, comments, testimonials, ratings, reviews, and other communications (collectively, “User Content”). By posting, submitting, or distributing User Content on or through the Website you acknowledge that the Company does not guarantee any confidentiality with respect to such User Content, and you hereby grant to the Company a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). By posting, submitting or distributing User Content through the Website, you further grant to each other user of the Website a non-exclusive license to access and use your User Content in any manner permitted or made available by the Company on or through the Website. You are solely responsible for your User Content and the consequences of posting, creating, or publishing it. You represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents and permissions to use and to authorize the Company and other users of the Website to use, and distribute, your User Content, and that your User Content does not and will not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property right. You agree not to upload any User Content with any virus, spyware, or other malicious code.

During the course of your use of the Website, you will be exposed to User Content of other users, and the Company is not responsible for the accuracy, usefulness, or potential violation of the intellectual property rights of third parties with respect to such User Content. You may further be subject to User Content of other users that is inaccurate, offensive, indecent or objectionable, and agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto. The Company does not endorse any User Content or any opinion, recommendation or advice expressed therein and disclaims any and all liability in connection therewith.

The Company reserves the right to remove or refuse to post any User Content for any or no reason in its sole discretion, and to take any other action with respect to any User Content that it deems necessary or appropriate in its sole discretion, including if the Company believes such User Content violates these terms of use or threatens the personal safety of users of the Website or the public, or could create liability for the Company.

8. Paid Services.
The Company offers certain paid services (e.g., Licensed Educational Content) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms and terminate your access to the Website until all fees have been paid in full. Fees may vary based on your location and other factors, and the Company reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant services. All credit card payment information will be submitted through a third-party payment processor (“Payment Processor”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Use. Your connection with our servers and the Payment Processor is made using the standard security protocol for handling sensitive information, and your payment information will not be redistributed. We attempt to provide an accurate description of all paid content before purchase. However, we do not warrant that product descriptions or other parts of the content are accurate, complete, reliable, current or error-free. If such content is materially misrepresented, your sole remedy is to cease use of that content and to notify us of the purported error.

9. Termination.
By the Company: The Company, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with the Company or your use of the Website and remove and discard all or any part of your account and/or User Content, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have, or portion thereof, may be affected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. As discussed above, the Company does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted by any users who are found to be repeat infringers.

By you: Your only remedy with respect to any dissatisfaction with the Website, any terms of these Terms of Use, any policy or practice of the Company in operating the Website, or any content or information transmitted through the Website, is to terminate the Terms of Use with respect to yourself by terminating your account and discontinuing use of the Website. You may terminate the Terms of Use with respect to yourself at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.

10. Changes to the Website.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice, at any time and from time to time, on a temporary or permanent basis. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

11. Links from the Website.

The Website may include links or references to other web sites or services solely as a convenience to users (“Reference Sites”). The Company does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. The Company does not own or control the Reference Sites, and assumes no responsibility for the content, privacy policies or practices of any third party websites. In addition, the Company cannot and will not censor or edit the content of any third party site.


12. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. No Academic Credit.
You agree not to accept credit for completing a course unless you have completed that course. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic or professional or vocational credit. Even if credit is awarded by one institution, there is no presumption that employers, governments, or other institutions will accept that credit. The Company has no obligation to offer a course recognized by any government, academic, professional, vocational institution or accreditation organization. Nothing in these Terms of Use or otherwise with respect to your participation in any course or use of the Website establishes any relationship between you and any educational institution with which the Company may or may not be affiliated with or enrolls you in any educational, professional or vocational institution. 

14. Limitation on Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, NOR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

The Website is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, or any unauthorized use of your account on the Website, including, without limitation, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, your violation of any third party rights, including, , any intellectual property rights, any claims that your content damaged a third party, or your use of any information obtained from the Website.

16. Governing Law and Jurisdiction.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States in the Borough of Manhattan in New York, or the courts of the State of New York located in New York, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Arbitration.
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

18. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Waiver and Severability.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

20. Assignment.
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the Company’s prior written consent, but may be assigned by the Company without consent or any restriction. Any assignment attempted to be made in violation of the Terms of Use shall be null and void.

21. Entire Agreement.
These Terms of Use constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

22. Disclosures.
The Website is hosted in the United States, and the services provided hereunder are offered by the Company;

COSMOSAFE INC.
2 MetroTech Center 8th Floor
Brooklyn, NY 11201

hello@cosmosafe.com
224-338-6821