Terms of use

Last Modified: July 2022 

TERMS OF USE 

The Website.  The Website is owned and operated by Cocona, Inc. d/b/a Cocona Labs (“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 (if applicable) 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. 

By accessing this Website, you agree to be bound by the following Terms of Use and Privacy Policy found at www.thirtysevenfive.com/privacy incorporated herein by reference (together “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 the personal computer, mobile device, tablet, or other electronic computing device used to access this Website; and (d) you will use this Website in accordance with these Terms. 

Changes to the Terms of Use.  We may revise and update these Terms from time to time in our sole discretion. 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 the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  

Accessing the Website and Account Security. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [www.thirtysevenfive.com/privacy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

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. 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. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. 

You are responsible for both: 

• Making all arrangements necessary for you to have access to the Website. 

• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them. 

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. 

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: 

a. 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 US or other countries).  

b. 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. 

c. To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 

d. To impersonate or attempt to impersonate Cocona, a Cocona employee, another user, or any other person or entity (including, without limitation, by using email addresses with any of the foregoing). 

e. 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 Cocona or users of the Website, or expose them to liability. 

Additionally, you agree not to: 

a. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. 

b. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 

c. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 

d. Use any device, software, or routine that interferes with the proper working of the Website. 

e. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.  

g. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 

 h. Otherwise attempt to interfere with the proper working of the Website. 

Disclaimer of Warranty.  COCONA EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR 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. 

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:  legal@cocona.com. 

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. You may not use such copyrights, trademarks and other intellectual property without the prior written permission of Cocona. All other names, logos, and product names on this Website are the trademarks of their respective owners. 

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. 

Linking to the Website and Social Media Features.  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.  

This Website may provide certain social media services that enable you to: 

• Enter promotions or giveaways using your social media account. 

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and in accordance with the terms governing use of such services.  

We may disable all or any social media features and/or services and any links at any time without notice in our discretion.  

Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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. 

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

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. 

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. 

Jurisdictional Issues. We do not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website 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 Website’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 Website 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. 

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, pandemic, endemic, 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.  Any modifications or updates to these Terms are effective immediately when posted on the Website home page. Your continued 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 these Terms of Use was last revised is identified above. 

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 and our Privacy Policy constitute the entire agreement between COCONA and you with respect to your use of this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the 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 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. 

k. Information About You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy [www.thirtysevenfive.com/privacy]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

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. 

Contacting Us.  If you have any questions regarding these Terms of Use, please contact us by email at legal@cocona.com.