COCONA, INC. TERMS & CONDITIONS and PRIVACY POLICY

By accessing this Website, you are agreeing to be bound by the following Website Terms and Conditions of Use and Privacy Policy (“Terms”). Further, you represent and warrant that: (a) you are 18 years of age or older; (b) if you are under the age of majority in your jurisdiction, you have your parent’s or legal guardian’s authorization to use and access this Website and to agree to these Terms; (c) you own or have authorization to use a personal computer, mobile device, tablet, or other electronic computing device whether now known or later developed, to access this Website; and (d) you will use this Website in accordance with these Terms.

Website Terms and Conditions for Use

The Website.  The Website is owned and operated by Cocona, Inc. (“COCONA,” “Company,” we,” “us,” “our,” or similar pronouns). The term “Website” or “Site” shall refer to the website www.thirtysevenfive.com and Cocona’s logos, designs, text, graphics, software, and materials and Cocona’s advertiser clients’ logos, designs, text, graphics, software, and materials available through this Website and the selection and arrangement thereof (collectively, “Content”), and the COCONA hardware, software, and networks associated with making this Website available to you (collectively, “COCONA System”). Unless explicitly stated otherwise, any new features, functionality, or services that augment or enhance this Website in the future shall be considered part of this Website and subject to these Terms.

You acknowledge that this Website is subject to outages, slowdowns, or other interruptions. You further acknowledge that we are not responsible for performance degradation, interruption, or delays arising from any source. COCONA will not be liable to you if the Website is unavailable at any given time. You agree that your sole remedy for any Website unavailability shall be to terminate your use of the Website.

Use License.  COCONA grants to its Website users a temporary, limited, revocable, non-exclusive, non-transferable license to access and use this Website for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title. Under this license you may not: modify or copy the Content; use the Content for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on this Website; remove any copyright or other proprietary notations from this Website; transfer the Content from this Website to another person or “mirror” the Content on any other server; or use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website. Additionally, you may not take any action that imposes an unreasonable or disproportionately large load on the COCONA System.  We reserve the right at all times in our sole discretion to discontinue or modify any part of these Terms, and to improve, modify, discontinue or remove any functionality, information or Content appearing on the Website, as we deem necessary or desirable.

Disclaimer of Warranty.

COCONA EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES ABOUT THE WEBSITE OR THE SERVICES RELATED THERETO.  YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.  WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND ABOUT THE WEBSITE, SERVICES, OR ANY THIRD-PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY US, UNLESS SPECIFIED IN WRITING.

COCONA HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR SERVICES RELATED THERETO:

  • ARE MERCHANTABLE;
  • ARE FIT FOR A PARTICULAR PURPOSE OR NEED;
  • ARE NON-INFRINGING;
  • CONTAIN ACCURATE, GENUINE, COMPLETE, UP TO DATE, OR RELIABLE INFORMATION;
  • PROVIDE TIMELY, SECURE AND UNINTERRUPTED RESULTS AND SERVICES;
  • PROVIDE QUALITY, ERROR FREE OR ANYTHING OTHER THAN “AS IS” RESULTS AND SERVICES; OR
  • WILL HAVE COMMUNICATIONS SENT TO YOU THAT ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.

OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY, COCONA MAKES NO WARRANTIES AS TO PRIVACY OR SECURITY

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY A COCONA AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY.

Limitation of Liability.

IN NO EVENT SHALL COCONA OR ANY OF ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE RELATED TO YOUR USE OF THE WEBSITE OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN OR THIS AGREEMENT.  THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF POTENTIAL DAMAGES TO YOU.

YOUR SOLE AND EXCLUSIVE REMEDY AGAINST COCONA FOR ANY DISPUTE YOU HAVE WITH US SHALL BE TO DISCONTINUE YOUR USE OF THE WEBSITE INCLUDING ALL SERVICES RELATED THERETO.

Privacy Policy

You must not provide us with your Personal Information or interact with the Website if you do not agree with the practices described in this Privacy Policy.

(a) Personal Information.  Personal Information is information that identifies you as an individual. In order for you to take advantage of particular opportunities provided by us (for example, to apply for employment within the Company), we may require that you furnish Personal Information. We will collect Personal Information from you, such as your name, postal address, telephone number, e-mail address, only when you voluntarily provide it to us.  We endeavor to ensure the integrity and security of our network and systems; however, we cannot guarantee that our security measures will prevent third parties from intercepting information.   You acknowledge that you do not assume or expect that any content or communication that you transmit to us or we transmit to you (such as Personal Information or other data, questions or answers, comments, or suggestions) is confidential.   We shall not be liable or responsible if any information about you is intercepted and used by an unintended recipient or otherwise disclosed in a manner you did not intend.

(b) Non-Personal Information.  Non-Personal Information is aggregated information, demographic information and any other information that does not reveal your specific identity. We and our third party service providers may collect Non-Personal Information from you, including your MAC address, computer type, screen resolution, OS version, Internet browser, demographic data (for example your country), as well as information collected through the use of cookies, pixel tags, web beacons, and other similar technologies and by observing browser functions and the files (pages) users access to better serve you with more tailored information and facilitate your on-going use of our Site and our services. For example, our servers collect about the most frequently searched terms to help provide the most relevant search results, information about usage to check for fraudulent behavior or other abnormalities. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. You can also delete the cookie we set for you. This will eliminate our ability to link your past behavior with future behavior, but we will be able to monitor your future behavior based on a new cookie we supply.

To learn more about cookies, please visit http://www.allaboutcookies.org/.

(c) IP Addresses.  Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever users visit the Site, along with the time(s) of such visit(s) and the page(s) that were visited.

(d) How Do We Use Information Collected From You?

  1. Personal Information.

We may use Personal Information: for the purpose for which it was provided (e.g., regarding a possible employment opportunity, to provide services to you and contact you regarding these services), to respond to your problems and comments, to approve and enable your participation in the Site and Site services (e.g., to permit you to subscribe to our newsletters, blogs and RSS feeds, as applicable), for our internal business purposes, such as data analysis, audits, developing new products, and enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.  We also may partner with third parties to ship orders, process credit card payments and provide specific services within the Website and Personal Information you provide may be used or disclosed for these purposes.  We will share contact and other information you provide as necessary for such third party to provide these services and by agreeing to the Terms, you authorize us to do so.  We do not allow these parties to use Personal Information except for the purpose of providing these services.

In addition, we may share your Personal Information with any third party, without your consent or approval and without notice to you, (i) as permitted or required by law; (ii) as incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event; (iii) under circumstances we believe reasonably necessary to protect the personal safety of our employees, users of the Website, or the public; (iv) to disclose information that is necessary to identify, contact or bring legal action against someone who may be violating our published policies; or (v) as is otherwise described in these Terms.

If you are a California resident, you may request that we provide to you: (i) a list of the categories of Personal Information about you that COCONA has disclosed to third parties during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services offered, if known to us, sufficient to give you a reasonable indication of the nature of the third-parties’ business.  To submit your request, please email: marketing@cocona.com.

  1. Non-Personal Information.

Because Non-Personal Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non Personal Information, which does not personally identify you, with affiliates and other third parties, for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder as long as it is so combined.

iii. IP Addresses.

We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems, administering the Site, and tracking your Internet usage, including identifying your geographic location, which may be disclosed to search engines and other partners. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.

  1. Do-Not-Track Signals

We honor “do not track” signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.  For more information on “do not track” options, please see: http://donottrack.us/.

Other Important Notices Regarding Our Privacy Practices.

Third Party Sites.  This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including without limitation any of our affiliates and any third party operating any site to which this Site contains a link. The inclusion of a link on the Site does not imply endorsement of the linked site by us or by our affiliates.

Note Regarding the Use of the Site by Children. The Site is not directed to individuals under the age of thirteen (13).  COCONA does not knowingly collect or solicit personal information from anyone under the age of 13.  If you are under 13, you are prohibited from sending any information about yourself to us, including your name, address, telephone number, or email address.  No one under age 13 may provide any Personal Information to us.  In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.  If you believe that we might have any information from or about a child under 13, please contact us at:  marketing@cocona.com.

Jurisdictional Issues. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, such as the United States, which may provide a different level of data security than in your country of residence.

Contacting Us.  If you have any questions regarding this Privacy Policy, please contact us by email at marketing@cocona.com.

Revisions and Errata.  The materials appearing on COCONA’s Website could include technical, typographical, or photographic errors. COCONA does not warrant that any of the Content on its Website are accurate, complete, or current. COCONA may make changes to the Content contained on its Website at any time without notice. COCONA does not, however, make any commitment to update the Content.

Links and Third Party Applications.  COCONA is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by COCONA of the site. Use of any such linked website is at the user’s own risk. For example, this Website may provide direct links to client websites or social networking services. You acknowledge that COCONA has no control over and is not responsible for the availability of any such third party applications, websites, content, or resources, which are made available by companies or persons other than COCONA. You further acknowledge that COCONA is not liable to you for any loss or damage which may be incurred by you as a result of these third party applications, websites, content, or resources.

Proprietary Rights.  All ownership rights and title in and to this Website, including all Content therein, are owned by COCONA and its licensors and protected under applicable copyrights, trademarks, and other intellectual property rights and international treaties. COCONA, through arrangements with its licensors, may incorporate external intellectual property into the Website. This licensed intellectual property and all intellectual property rights thereto remains with the licensors.

Except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way this Website, or any of its Content, without the prior written permission of COCONA and its licensors, if applicable. All rights not expressly granted to you through these Terms are retained by COCONA and its licensors.

Nothing in these Terms grants to you any right to use any COCONA or COCONA advertiser clients’ trademarks, service marks, logos, domain names, or other indicia of origin.

International Users.  This Website is controlled, operated, and administered by COCONA from its offices within the United States. COCONA makes no representation that materials on its Website are appropriate or available for use at other locations outside of the United States. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.  You agree not to provide us with any data for which you intend to claim protection under any data privacy laws, regulations, or directives of the European Union or any other foreign country.

General Terms.

(a) Governing Law. Any claim relating to this Website shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions and any dispute arising from or related to these Terms or your use of the Website shall be brought exclusively in the State and Federal courts for Boulder County, Colorado USA and you agree to submit to exclusive jurisdiction of such courts.

(b) Export Laws. You may not use the Website or export its Content in violation of United States export laws and regulations.

(c) Force Majeure. COCONA will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.

(d) Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.

(e) Notices. You agree that COCONA may provide you with notices in connection with the Website by e-mail, regular mail, or postings on this Website.  We may update these Terms from time to time, to clarify our practices and to reflect new or different privacy practices.  If we make any material changes to our Terms, we will notify you on the Website home page that an update exists and such changes shall apply to any information collected after the date of notice.  We may post changes or modifications to referenced policies and guidelines without your approval, and may determine whether and when any such changes apply to you.  Your use of the Website following our posting of any changes will constitute your acceptance of such changes.  Should you not wish to be bound by the modified Terms, do not use the Website.  The date this Privacy Policy was last revised is identified below.

(f) Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

(g) Entire Agreement; Limitation of Actions. The Terms constitute the entire agreement between COCONA and you with respect to your use of this Website. To the extent permitted by law, any cause of action you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.

(h) Indemnification. You agree to indemnify, defend, and hold harmless COCONA from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or arising from your breach of these Terms, including any representation or warranty set forth herein.

(i) Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(j) Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and COCONA, and you do not have any authority to create any obligation or make any representation on COCONA’s behalf. You may not assign these Terms by operation of law or otherwise, without COCONA’s prior written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and COCONA and their respective successors and assigns.

Last Updated: July 11, 2017