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TERMS AND CONDITIONS 

  1. INTRODUCTION 

Welcome to The Cohort! These Terms and Conditions ("Terms") govern your use of thecohortspgh.com and any related services (the "Services") provided by Sweb Marketing LLC d/b/a The Cohort (“The Cohort” "us", "we", or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services. Your use of anything related to the Cohort that is accessed in any way through Facebook is controlled by Facebook’s terms/guidelines/policies. 

 

  1. CHANGES TO TERMS 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. 

 

  1. PRIVACY 

Your privacy is important to us. Please read our Privacy Policy, which explains how we collect, use, and protect your personal information. 

 

  1. AGE REQUIREMENT 

By using the Services, you represent and warrant that you are at least 18 years of age.  Use of the Services by those under 18 years of age is prohibited. 

 

  1. INTELLECTUAL PROPERTY 

The Services and their original content, features, and functionality are and will remain the exclusive property of The Cohort and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. The Cohort’s copyrighted materials, trademarks, trade dress may not be used by you in any way without our prior written consent. 

  1. USER CONTENT 

You are responsible for any content you submit, post, or transmit through the Services, including, but not limited to, text, images, videos, and other material ("User Content"). By submitting, posting, or transmitting User Content, you represent and warrant that you have the necessary rights and permissions to use and share the User Content, and that the User Content does not infringe upon any intellectual property rights or other rights of third parties.  You provide us a limited license to republish any such User Content for the purpose of providing the Services or as otherwise agreed upon by you. 

 

  1. PROHIBITED ACTIVITIES 

You agree not to use the Services for any unlawful or prohibited purpose. You may not attempt to gain unauthorized access to the Services, other user accounts, or any networks or systems connected to the Services. You may not engage in any activity that disrupts or interferes with the normal operation of the Services. 

 

  1. THIRD-PARTY LINKS 

The Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we 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. 

 

  1. TERMINATION 

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any lawful reason whatsoever, including, without limitation, if you breach these Terms. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 

 

  1. DISCLAIMERS 

The Services are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services and will assume no liability or responsibility, to the extent permitted by law, for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the 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 the Services, (5) any bugs, viruses, Trojan horses, or the like which could be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. 
 

  1. LIMITATION OF LIABILITY 

In no event will we or our owners, directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising or $500.00 USD. 

 

  1. INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective owners, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any overt harmful act by you toward any other user of the Services. 

 

  1. GOVERNING LAW 

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. 

 

  1. ARBITRATION AGREEMENT 

By using or accessing the Services, you agree that any and all disputes, claims, or controversies arising out of or relating to your use of the Services, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration, rather than in court, to the fullest extent permitted by applicable law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules"), as modified by this Arbitration Agreement. 

The arbitration shall be governed by the Federal Arbitration Act, and the substantive laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. 

Unless you and the Cohort agree otherwise, the arbitration will be conducted in Allegheny County, Pennsylvania. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. 

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of this Agreement, and the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. 

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. The substantially prevailing party in any such Arbitration shall be entitled to collect from the non-prevailing party its reasonable attorneys’ fees. 

If any provision of this Arbitration Agreement is found to be unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. 

 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) COMPLIANCE 

The Cohort respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), we will respond promptly to claims of copyright infringement committed using our Services that are reported to our Designated Copyright Agent, identified in the sample notice below. 

If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible via our Services, please notify our Designated Copyright Agent using the following information: 

Designated Copyright Agent 

The Cohort 

Email: thecohort.pgh@gmail.com  

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material, we suggest that you first contact a legal professional. 

DMCA Notice 

To expedite our handling of your notice, please use the following format or refer to Section 512(c)(3) of the Copyright Act: 

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on [relevant URL]") or other information sufficient to specify the copyrighted work being infringed. 

  1. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. 

  1. Provide information reasonably sufficient to permit The Cohort to contact you (email address, telephone number, and a mailing address). 

  1. Provide information, if possible, sufficient to permit The Cohort to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). 

  1. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." 

  1. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 

  1. Sign the document. 

  1. Email the signed notification to the following address: thecohort.pgh@gmail.com  

Upon receipt of the written notification containing the information as outlined in 1 through 8 above, we will: 

  • Remove or disable access to the material that is alleged to be infringing; 

  • Forward the written notification to the alleged infringer; and 

  • Take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material. 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 

 

  1. CONTACT US 

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at thecohort.pgh@gmail.com.  

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