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1 forms found in the DOM

GET https://www.cozi.com/

<form role="search" method="get" class="et-search-form" action="https://www.cozi.com/">
  <input type="search" class="et-search-field" placeholder="Search …" value="" name="s" title="Search for:">
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Text Content

 * Log in to Cozi
 * Sign up for Cozi

 * Features
   * Overview
   * Calendar
   * Shopping Lists
   * To Do Lists
   * Recipes & Meal Planner
   * Club Cozi
 * News
   * Blog
   * Press Coverage
   * Awards
   * Why Families Love Cozi
   * Media & Press Kit
 * Support
   * FAQ
   * Support
   * Getting Started
   * Contact Us
   * Integrate Other Calendars
   * Cozi Premade List Library
   * Printable Calendar
   * Affiliate Program
 * About Us
   * Story and Mission
   * Careers
   * Advertising Opportunities


Select Page
 * Features
   * Overview
   * Calendar
   * Shopping Lists
   * To Do Lists
   * Recipes & Meal Planner
   * Club Cozi
 * News
   * Blog
   * Press Coverage
   * Awards
   * Why Families Love Cozi
   * Media & Press Kit
 * Support
   * FAQ
   * Support
   * Getting Started
   * Contact Us
   * Integrate Other Calendars
   * Cozi Premade List Library
   * Printable Calendar
   * Affiliate Program
 * About Us
   * Story and Mission
   * Careers
   * Advertising Opportunities
 * Log in to Cozi
 * Sign up for Cozi




TERMS OF USE





The following describes Cozi’s requirements for using our software, services,
Web sites, and mobile services:

 * You agree to provide accurate information
 * You agree to use our services in an ethical, responsible, and lawful manner
 * You are responsible for your password and user ID, and you need to keep track
   of who is using your account
 * Cozi respects intellectual property rights, requires our users to do the
   same, and has a mechanism in place to respond to the concerns of copyright
   holders

PLEASE READ THE COMPLETE AGREEMENT THAT FOLLOWS:


ACCEPTANCE

Welcome to Cozi, Inc.’s Web site. These Terms of Use govern your family’s use of
www.cozi.com, other properties in the cozi.com domain (such as my.cozi.com, and
all others) and co-branded websites (collectively, the “Site”), any Cozi
software, including co-branded versions, downloaded from this Site or obtained
elsewhere (the “Software”), and the services made available on the Site or
through use of the Software (the “Services”). The Site, Software, and Services
display advertisements. By using the Services or Software or visiting or
browsing the Site, you acknowledge that you have read, understood, and agreed to
be bound by these Terms of Use and any modifications that may be made to the
Terms of Use from time to time, and agree to allow advertisements to be
displayed while you are using the Site, Software and/or Services. In addition,
to the extent our Services require you to set up a family account with a
password, if you are designated as “Adult 1” in the Cozi account, or are
otherwise the person who first registers for a Service, you agree to be
responsible for ensuring that all users on your Cozi account comply with these
Terms of Use and any modifications that may be made to the Terms of Use from
time to time. If you do not agree to these Terms of Use, you should not use the
Services or Software or visit or browse the Site. These Terms of Use constitute
a binding legal agreement between you and Cozi, Inc. (“Cozi,” “we,” “us,” and
“our”). Please read them carefully before accessing or using the Site, the
Software, or the Services.


MODIFICATIONS

We reserve the right to modify these Terms of Use at any time and in any manner
at our sole discretion, including the right to charge for the Software or
Services. Notice of any modification of these Terms of Use will be posted in
this section of the Site, and any such modifications will be effective upon the
posting of such notice. Your continued use of the Site or the Services
constitutes your binding acceptance of such modifications. Please check this
section of the Site before using the Site, the Services or the Software to
determine whether a change has been made to these Terms of Use. If you do not
agree to any changes in the Terms of Use as they may occur, please arrange to
terminate your registration with the Site immediately and discontinue your use
of the Service, Software, and the Site. You agree that we are not liable to you
or to any third party for any modification of the Terms of Use.


REGISTRATION

By registering for any Service or maintaining an account, you agree that you are
at least 18 years old. You may, however, add a user to your account who is
younger than 18 years old, but only if you are such user’s parent or legal
guardian. You agree to provide true, accurate, current, and complete information
about yourself as prompted by any registration form for the Site, Services, or
the Software (such information being the “Registration Data”), and you agree to
maintain and promptly update the Registration Data to keep it true, accurate,
current, and complete. If you provide any information that is untrue,
inaccurate, not current, or incomplete, or we have any reasonable grounds to
suspect that such information is untrue, inaccurate, not current, or incomplete,
we may suspend or terminate your account and refuse to offer you any and all
current or future use of the Services, the Site, or the Software. You are
responsible for maintaining the confidentiality of your account and password and
for restricting access to your computer. You are solely responsible for any
activity related to your account. If you suspect any unauthorized use of your
account, notify us immediately. You acknowledge and agree that we may preserve
user information and may also disclose user information if required to do so by
law or if we believe in good faith that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce these Terms
of Use; (c) respond to claims that any Content (as defined below in Section 4)
violates the rights of third parties; or (d) protect the rights, property, or
personal safety of Cozi, its users, or the public.

You may become a registered user of the Site, Software, and Services at no cost.
As a registered user, you will have the ability to participate in some, but
perhaps not all, of the features and functionality available at the Site or as
part of the Software and Services. In order to access additional features and
functionality (including a no-advertisement version of the Site Software and/or
Services), you may need to become a premium subscriber to the Site, Software,
and Services for a fee. In the event that premium subscriptions are offered to
users (each, a “Premium Subscription”), a description of the current Premium
Subscription and associated fees will be made available to you at the Site or
through the Software. We reserve the right to adjust the monthly fees or terms
of our Premium Subscriptions at any time for any reason; provided that once you
are a premium subscriber, the fees shall be charged in accordance with your
subscription terms, subject to adjustment only at the end of the committed
subscription period. The Premium Subscription policies that are made available
to you in connection with your decision to become a premium subscriber are
deemed part of these Terms of Use and are incorporated by this reference. In
order to be able to purchase a Premium Subscription, you must, in addition to
the requirements herein, register with us or our designated third-party payment
provider with a valid, accepted, credit card or other payment method that we, in
our sole discretion, elect to accept as payment.


PAYMENT OPTIONS AND AUTHORIZATION; PAYMENT TERMS; CANCELLATIONS AND REFUNDS;
TAXES

Payment Options. Most purchases of Premium Subscriptions through the Site,
Software, or Services, or through our designated third party payment provider,
will require a valid, accepted, credit card or other payment method that we, or
our designated third party payment provider, as applicable, in our or their sole
discretion, elect to accept as payment.

Payment Terms. For purchases of Premium Subscriptions through the Site,
Software, or Services, you authorize us, or our designated third-party payment
providers, to charge the credit card or other accepted payment method you
designate in the amount specified in connection with the transaction. If you
desire to designate a different form of payment, or if there is a change in your
payment information, you must update your user account or your account with our
designated third party payment provider, as applicable, to reflect such change.
You may experience temporary disruption of your access to the Site, Software, or
Service while we are verifying new payment information. If you transmit to us,
or one of our designated third-party payment providers, a purchase request, you
warrant that your use of the particular credit card or other accepted payment
method is authorized and that all information that you submit to us, or our
designated third-party payment provider, is true and accurate (including,
without limitation, your credit card number, expiration date, and other account
information), and you agree to pay all fees you incur.

Cancellations and Refunds. You may cancel your Premium Subscription at any time,
and end your Premium benefits immediately. We, or our designated third party
payment provider, as applicable, reserve the right to refuse or cancel any
purchases or attempted purchases at any time in our sole discretion. Further,
we, or our designated third party payment provider, as applicable, may reverse
certain transactions if we have a reasonable, good-faith belief that such
transactions, alone or together with other transactions, are illicit,
fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of
any form of unfair dealing (which could include such things as cheating,
hacking, or other prohibited activity). EXCEPT AS OTHERWISE STATED IN THESE
TERMS OF USE OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.

Recurring Billing. Most Premium Subscriptions will consist of an initial period,
for which there is a one-time charge, followed by recurring period charges as
agreed to by you. By entering into these Terms of Use, you acknowledge that your
Premium Subscription, if any, has an initial and recurring payment feature and
you accept responsibility for all recurring charges prior to cancellation of
such Premium Subscription. WE, OR OUR DESIGNATED THIRD PARTY PAYMENT PROVIDER,
AS APPLICABLE, MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER
AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR
PAYMENT METHOD. TO TERMINATE YOUR SUBSCRIPTION, CONTACT OUR DESIGNATED THIRD
PARTY PAYMENT PROVIDER, AS APPLICABLE.

Changes in the Amount Authorized. If the amount to be charged to you varies from
the amount you previously authorized (other than due to the imposition or change
in the amount of Sales Taxes, if any), we, or our designated third party payment
provider, as applicable, shall provide notice of the amount to be charged and
the date of the charge at least 10 days before the scheduled date of the
transaction. You agree that we, or our designated third party payment provider,
as applicable, may accumulate charges incurred and submit them as one or more
aggregate charges during or at the end of each billing cycle.

Auto-Renewal; Cancellation of Premium Subscriptions. Unless cancelled as
described above, your Premium Subscription, if any, will be automatically
extended for successive renewal periods of the same duration as the Premium
Subscription term originally selected by you. You may prevent the renewal of
your Premium Subscription at any time during the term of Premium Subscription,
including any renewal period, by contacting our designated third party payment
provider, as applicable.

Free Trials and Other Promotions. Any free trial or other promotion that
provides premium subscriber-level access to the Site, Software, or Service, if
any, must be used within the specified time of the free trial or promotion, or
if not specified, within six (6) months from the start of the free trial or
promotion. At our discretion, we may allow you to continue access to the Site,
Software, or Service following the end of the free trial or other promotion,
provided that we may change the terms (including whether or not such Site,
Software or Services display advertising) and/or fees associated with such
access, and at such time, you will be required to elect either to accept such
fees or terms or to elect either to accept such fees or terms or your account
will be reverted to a Cozi standard account. You may be required to cancel your
Premium Subscription before the end of the free trial period or promotional
period in order to avoid being charged the then-current, non-promotional Premium
Subscription rate and being subject to any new terms. If you cancel prior to the
end of the free trial period or promotional period and are inadvertently charged
for a Premium Subscription, please contact our designated third party payment
provider to have the charges reversed.

Payments Made Through Partners. The payment methods that we elect to accept for
purchase may include one or more payment methods offered by a business partner
of Cozi (“Partner”), in which case your payment may be made directly to the
Partner and not to us. In such cases, the Partner will be responsible for your
payment, including cancellations and refunds, and the terms and conditions
associated with your payment will be as set forth in the agreement between you
and the applicable Partner.

Currency. Unless otherwise stated, all fees and charges are quoted and must be
paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall
be made at the exchange rate designated in your agreement with your credit card
or other acceptable payment method provider.

Taxes. Your purchases may be subject to applicable sales tax, use tax, value
added tax, or other similar taxes, duties, or tariffs (collectively, “Sales
Taxes”). In the event that Sales Taxes apply, we, our designated third party
payment provider, or a Partner, as applicable, will collect the required Sales
Taxes from you and remit it to the applicable tax authorities. Under most
circumstances, the applicability of Sales Taxes will be determined by the
residence of the person or entity making the purchase. We will not be
responsible for any taxes on net income, or other taxes, duties, or tariffs
associated with your acquisition, purchase, or possession of Premium
Subscriptions, except for Sales Taxes as described in this section or as
required by applicable law.


CONTENT

The Site, the Software, and the Services may allow you and other third parties
to post data, text, code, help, opinions, advice, statements, reviews, comments,
photographs, and other materials and information that will be accessible by
visitors to and members of the Site (“Public Content”). The Site and Services
may also allow you to post data, text, code, help, opinions, advice, statements,
reviews, comments, photographs, and other materials and information that will be
accessible only to you and other members specifically designated by you
(“Private Content”); (Public Content and Private Content collectively, “User
Content”). All User Content, whether publicly posted on or privately transmitted
via the Site, the Software, or the Services, is the sole responsibility of the
person from whom the User Content originated and not of Cozi, or its
shareholders, directors, officers, or employees. Cozi may review and delete any
User Content, in whole or in part, that in the sole judgment of Cozi violates
these Terms of Use or that might be offensive, illegal, or that might violate
the rights of or harm any third parties. Nonetheless, under no circumstances
will Cozi or its shareholders, directors, officers, or employees be held liable
for any loss or damage caused by your reliance on User Content obtained through
the Site, the Software, or the Services. It is your responsibility to evaluate
the User Content available through the Services, the Software, or the Site.
Although User Content will not be pre-screened or reviewed, we reserve the right
to refuse or delete any User Content.


GRANT OF RIGHTS

Except as provided in our Privacy Policy, Cozi will not disclose your Private
Content to third parties without your express written permission, or where we
believe, in good faith, that the law requires us to disclose the information. If
you use our Site, Software or Services to send, email or otherwise transmit any
of your User Content to a third party, you grant to Cozi a royalty-free,
world-wide, transferable license to use and reuse your User Content (or any
portions or derivative works thereof) for such purpose. Cozi and its Partners
reserve the right to display advertisements in connection with your User Content
and to use your Public Content for advertising and promotional purposes. For
more information on User Content, please review our Privacy Policy. You are
responsible for your own User Content on the Cozi Site and the consequences of
posting or publishing it. By uploading User Content to the Cozi Site, you hereby
represent and warrant that:

You own all right, title and interest (including all intellectual property
rights) in your User Content (including, without limitation, all rights to the
audio, video, or digital recording, and the performance contained in your User
Content) or, alternatively, you have acquired all necessary rights in your User
Content to enable you to grant the rights in your User Content described herein;

You have already paid, and you will be solely responsible for paying (to the
extent any later become due) all royalties, fees, and any other monies owing any
person by reason of any User Content posted by you to or through the Site.

You are the individual pictured and/or heard in your User Content, or,
alternatively, you have obtained permission from any and all individuals
(including consent from parents or guardians for any individual under the age of
eighteen (18)) who appear and/or are heard in your User Content to grant the
rights described herein;

You shall make such permissions available to Cozi and its Partners upon request;

Your User Content does not infringe the intellectual property rights, privacy,
or any other legal or moral rights of any third party; and

You agree to keep all records necessary to establish that your User Content does
not violate any of the foregoing representations and warranties and to make such
records available upon the request of Cozi. You acknowledge that your
consideration for the rights you grant under these Terms and Conditions in and
to your User Content is, among other things, the tools and functionality
provided for your use on the Site and the possibility of Cozi or its Partners
(or any of them individually) review or use of your User Content. You will not
receive any further compensation of any kind for your User Content and you will
not receive credit on or in association with the User Content. Your Public
Content will not be acknowledged, returned or held “in confidence” by Cozi or
its Partners. We and our Partners reserve the right in their respective sole
discretion to remove or not post any User Content, for any reason. We and our
Partners have no obligation to inform you of any decision to remove or not post
such materials.


COZI USER RIGHTS

We may and will make efforts to, but have no obligation to, remove User Content
and accounts containing User Content that we determine in our sole discretion to
be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or
otherwise objectionable or violates any party’s intellectual property or other
rights, or these Terms of Use. While we prohibit offensive and unlawful conduct
and content on our Site, you understand and agree that neither Cozi nor its
Partners is responsible or liable for the User Content posted on the Site. You
may be exposed to such materials and agree to use the Cozi Site at your own
risk. Cozi reserves the right to discontinue any aspect of the Cozi Site at any
time, including discontinuing any linked or embedded User Content either
generally or in specific cases.


TRADEMARK; COPYRIGHT

Cozi is a registered trademark of Cozi, Inc. in the USA. Cozi Central and the
Cozi logo are trademarks of Cozi, Inc. in the USA. All graphics, logos, page
headers, button icons, scripts and service names are trademarks or trade dress
of Cozi, Inc. Any trademarks not owned by Cozi, Inc. that appear on the Site or
the Software are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Cozi, Inc. All content and
compilation thereof on the Site or the Software, including, but not limited to,
text, graphics, logos, designs, photographs, button icons, images, data
compilations, and the Software, is the property of Cozi, Inc., its licensors, or
its product suppliers, and is protected by United States and international
copyright laws. No material, including, but not limited to, the material listed
above, should be reproduced or used without our express written permission.


LICENSES

Subject to the terms of this Agreement, we grant to you a limited, personal,
non-exclusive, non-transferable license to install and use one copy of the
Software on an unlimited number of personal computers solely to use the Service
to the extent you have the right to access the Service. Your right to access the
Service will be limited by the terms of this Agreement. Except for this license
granted to you, we retain all right, title, and interest in and to the Software,
including all related intellectual property rights. The Software is protected by
applicable intellectual property laws, including United States copyright law and
international treaties. Except as otherwise explicitly provided in this
Agreement or as may be expressly permitted by applicable law, you will not, and
will not permit or authorize third parties to: (a) reproduce, modify, translate,
enhance, decompile, disassemble, reverse engineer, or create derivative works of
the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or
disable any security or technological features or measures in the Software. When
you post Public Content, you hereby grant (or warrant that the owner of the
Content grants) us a royalty-free, perpetual, irrevocable, fully sublicensable,
worldwide, non-exclusive right to use, reproduce, modify, translate, adapt,
publish, create derivative works of, transmit, distribute, perform, display,
delete (in whole or in part), and incorporate the Public Content for any purpose
and without acknowledgement to you. By posting or providing Public Content, you
represent and warrant that public posting and use of your Public Content by us
will not infringe on or violate the rights of any third party.


USAGE GUIDELINES AND RESTRICTIONS

The Services are for the personal use of members. You agree not to use the Site,
the Software, or the Services to:

Upload, post, send email to, or otherwise transmit any Public Content that
contains personally identifying information (such as actual names, phone
numbers, mailing addresses, email addresses, and URLs), or any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially,
ethnically, or otherwise objectionable;

Harm minors in any way;

Impersonate any person or entity, or otherwise misrepresent your affiliation
with a person or entity;

Upload, post, send email to, or otherwise transmit Content that you do not have
a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);

Upload, post, send email to, or otherwise transmit Content that infringes any
patent, trademark, trade secret, copyright, or other proprietary rights
(“Rights”) of any party;

Upload, post, send email to, or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, links, “junk mail,” “spam,”
“chain letters,” “pyramid schemes,” or any other forms of solicitation;

Upload, post, send email to, or otherwise transmit any material that contains
software viruses or any other computer code, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment;

Interfere with or disrupt the Services, Site, or servers or networks connected
to the Site, or disobey any requirements, procedures, policies, or regulations
of networks connected to the Site;

Intentionally or unintentionally violate any applicable local, state, national,
or international law, “stalk” or otherwise harass another, or collect or store
personal data about other users;

Use any automated means to access the Site or the Services or collect any
information from the Site or the Services (including, without limitation,
robots, spiders, or scripts); or

Frame the Site or the Services, utilize framing techniques to enclose any
service mark, logo, or other proprietary information, place pop-up windows over
its pages, or otherwise affect the display of its pages. This means, among other
activities, that you must not engage in the practices of “screen scraping,”
“database scraping,” or any other activity with the purpose of obtaining lists
of users or other information.


AUTOMATIC FEATURES OF THE SOFTWARE

The Software contains a feature that allows it to automatically update to
incorporate new versions of the Software. If you interrupt or disable this
feature, your copy of the Software may not operate correctly. The Software may
contain a feature that is used to automatically disable the Software to ensure
that you do not use the Software longer than the term of your license to use the
Software or your subscription to use the Services. You acknowledge that upon the
expiration of your license to use the Software, and if Cozi has not granted you
an extension, the Software may cease to function in some or all respects, and
you may lose access to the Services and data made with or stored using the
Software. You acknowledge that the disabling of the Software is a key feature of
the license rights and responsibilities conveyed under this Agreement.


TERMINATION

These Terms of Use will remain in full force and effect while you use the Site,
Services or Software unless otherwise terminated as set forth in this section.
You may terminate your membership at any time, for any reason, by contacting us
at www.cozi.com/support. You agree that Cozi, in its sole discretion, may
terminate your password, account (or any part thereof), and use of the Site, the
Software, and the Services, and remove and discard any Content within the Site,
for any reason, including, without limitation, for lack of use or if Cozi
believes that you have violated or acted inconsistently with the letter or
spirit of these Terms of Use, including failing to deliver payment for any
Premium Subscriptions purchased by you within the required time. Cozi may also
in its sole discretion and at any time modify or discontinue providing the Site
or the Services, or any part thereof, with or without notice. You agree that any
modification or termination of your access to the Site, the Services, or the
Software may be effected without prior notice, and you acknowledge and agree
that Cozi may immediately deactivate or delete your account and all related
information and User Content in your account and bar any further access to such
information or to the Site or the Services. You agree that Cozi shall not be
liable to you or any third party for any modification or termination of your
access to the Site or the Services, or for your inability to recover any User
Content.


PRIVACY

Any information, including User Content, submitted on the Site or the Services,
or via the Software, is subject to our Privacy Policy, the terms of which are
incorporated into these Terms of Use. Please review our Privacy Policy
carefully.


DISCLAIMERS OF WARRANTIES; LIMITATIONS ON LIABILITY

The Site, the Services (including all Content), and the Software are provided
“as is”; Cozi makes no representations or warranties of any kind with respect to
the Software, the Services, the Content, the Site, or any contents therein. Cozi
assumes no liability or responsibility for any errors or omissions in providing
the Software, the Services, the Site, or the Content, any losses or damages
arising from the use of the Content, or any conduct by users of the Site. Cozi
expressly disclaims all representations and warranties relating to the software,
the services, the content, and the site, including but not limited to,
warranties of merchantability, fitness for a particular purpose, quality,
accuracy, authenticity, title and non-infringement. In addition, Cozi does not
represent or warrant that the information on or accessible via the Site or
through the Services is complete or current.


LIMITATIONS ON LIABILITY

COZI AND ITS AFFILATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’,
SHAREHOLDERS’, EMPLOYEES’, AND AGENTS’ LIABILITY UNDER THESE TERMS OF USE IS
LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. COZI AND ITS AFFILATES,
SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES
(INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND
SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS
INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD
ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. COZI AND ITS AFFILATES’,
SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’,
EMPLOYEES’, AND AGENTS’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR
RELATING TO THE SOFTWARE, THE SERVICES, THE CONTENT, THE SITE, PREMIUM
SUBSCRIPTIONS, OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT
EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION
OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE
THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE
PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS
OF USE.THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do
not allow the foregoing limitations of liability, so they may not apply to you.


BETA SOFTWARE

From time to time, Cozi may post, publish, distribute, present for download or
otherwise make available Beta versions or portions of its Site, Service or
Software (“Beta Software”) for public use. Beta Software may be identified as
Beta, Beta 2, Beta 3, or Public Beta in the Site, Service or Software. Beta
Software is available to the public for testing and evaluating purposes as part
of the software development process. As a user of Beta Software you are
encouraged, but not required, to identify potential errors and improvements
(“Feedback”). You hereby grant Cozi the unrestricted right to use your Feedback,
including the right to use your Feedback to improve the Software, Site or
Service and to create other products and services. There are risks associated
with using Beta Software. Beta Software has not yet been tested like other
commercially released software that you may use. Therefore, it is likely that
the Software will contain errors, including errors that may cause the Software
or your computer to malfunction or cause a loss of data. If you do not wish to
accept these risks, please do not install or use the Beta Software. Furthermore,
Cozi is not obligated to correct errors or correct the effects of errors (e.g.,
fix your computer or recover lost data) or provide any technical support related
to use of Beta Software.


INDEMNITY

You agree to indemnify and hold Cozi, its subsidiaries, affiliates, officers,
agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorneys’ fees, arising out of,
resulting from or connected with the use, modification, misinterpretation,
misuse, or reuse by you of the Software, the Site, the Services, or Content,
including without limitation these Terms of Use.


THIRD PARTY SOFTWARE

Portions of the logging features of this Software were licensed under the Apache
License, Version 2.0 (the “License”); you may not use this file except in
compliance with the License. You may obtain a copy of the License here. Unless
required by applicable law or agreed to in writing, software distributed under
the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, either express or implied. See the License for the specific
language governing permissions and limitations under the License.


LINKS AND ADVERTISING

The Site, Software and Services display advertisements. We may provide, or third
parties may provide, links to other Web sites or resources that are beyond our
control. We make no representations as to the quality, suitability,
functionality, or legality of any sites to which links may be provided, and you
hereby waive any claim you might have against us, with respect to such sites.
COZI IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE
CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or
participation in promotions of, other users, advertisers, or partners found on
or through the Site or the Services, and any other terms, conditions,
warranties, or representations associated with such dealings, are solely between
you and such user, advertiser, or partner. You agree that we are not responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers or partners on the
Site or the Services.


GOVERNING LAW AND ARBITRATION

These Terms of Use are governed in all respects by the laws of the State of
Washington as such laws are applied to agreements entered into and to be
performed entirely within Washington between Washington residents. Any
controversy or claim arising out of or relating to these Terms of Use, the
Services, the Software, the Products, or the Site will be settled by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim will be arbitrated on an
individual basis, and will not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration will be conducted in King
County, Washington, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. The award of the arbitrator will be final
and binding upon the parties without appeal or review except as permitted by
Washington law. Notwithstanding the foregoing, either party may seek any interim
or preliminary injunctive relief from any court of competent jurisdiction, as
necessary to protect the party’s rights or property pending the completion of
arbitration. By using the Site, the Software, or the Services, you consent and
submit to the exclusive jurisdiction and venue of the state and federal courts
located in King County, Washington.


RELEASE

In the event that you have a dispute with one or more users of the Site or the
Services, you release Cozi (and our officers, directors, agents, subsidiaries,
parent corporation, joint ventures, and employees) from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. If you are a California resident, you waive
California Civil Code 1542, which says: “A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with the debtor.”


CLAIMS OF COPYRIGHT INFRINGEMENT

Cozi respects the intellectual property rights of others, and requires that the
people who use the Software, the Site and the Services do the same. It is our
policy to respond promptly to claims of intellectual property misuse. If you
believe that your work has been copied and is accessible on the Site or the
Services in a way that constitutes copyright infringement, you may notify us by
providing our copyright agent with the following information in writing:

The electronic or physical signature of the owner of the copyright or the person
authorized to act on the owner’s behalf;

Identification of the copyrighted work that you claim has been infringed;

Identification of the material that is claimed to be infringing and information
reasonably sufficient to permit us to locate the material;

Your name, address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;

A statement made under penalty of perjury that the above information in your
notice is accurate and that you are the copyright owner or are authorized to act
on the copyright owner’s behalf.

If we receive such a claim, we reserve the right to refuse or delete Content as
described under these Terms of Use and to terminate a user’s account.

Our designated agent to receive notification of claimed infringement under the
Digital Millennium Copyright Act OF 1998 (“DMCA”) is:

Cozi, Inc.

413 Pine Street, Suite 500

Seattle, WA 98101

Attn: Copyright Infringement

After receiving a claim of infringement, we will process and investigate notices
of alleged infringement and will take appropriate actions under the DMCA and
other applicable intellectual property laws. Upon receipt of notices complying
or substantially complying with the DMCA, we will act expeditiously to remove or
disable access to any material claimed to be infringing or claimed to be the
subject of infringing activity, and will act expeditiously to remove or disable
access to any reference or link to material or activity that is claimed to be
infringing. We will take reasonable steps promptly to notify the user that we
have removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, we will promptly
provide the person who provided the initial notification of claimed infringement
with a copy of the counter notification and inform that person that we will
replace the removed material or cease disabling access to it in 10 business
days. Unless our designated agent first receives notice from the person who
submitted the initial notification that such person has filed an action seeking
a court order to restrain the user from engaging in infringing activity relating
to the material on the Site or the Services, we will replace the removed
material and cease disabling access to it.

You may provide us with a counter notification by providing our copyright agent
the following information in writing:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed
or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of
the material to be removed or disabled;

Your name, address, and telephone number, and a statement that you consent to
the jurisdiction of Federal District Court for the judicial district in which
your address is located, or if your address is outside of the United States, for
any judicial district in which we may be found and that you will accept service
of process from the person who provided the initial notification of
infringement.


EXPORT RESTRICTIONS

You may not export or re-export the Software without (a) the prior written
consent of Cozi; and (b) complying with applicable export control laws and
obtaining any necessary permits and licenses.


GENERAL

Cozi’s failure to act in a particular circumstance does not waive its ability to
act with respect to that circumstance or similar circumstances. By using the
Site or the Services, you consent to receiving electronic communications from
Cozi. These communications will include notices about your account and
information concerning or related to the Services. You agree that any notice,
agreements, disclosure, or other communications that we send to you
electronically will satisfy any legal communication requirements, including that
such communications be in writing. Cozi is excused for any failure to perform to
the extent that its performance is prevented by any reason outside of its
control. These Terms of Use compose the entire agreement between you and Cozi
and supersede all prior agreements between the parties regarding the subject
matter contained herein.


QUESTIONS

Please direct any questions regarding these Terms of Use to
www.cozi.com/support.

Updated 7/7/17

 

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