Terms of Service, Privacy Policy, and Copyright Notice


Terms of Use

Our Agreement. These Terms of Use (“Agreement”) relate to (1) registration with Cognella, Inc., including the imprint Cognella Active Learning ("Cognella"), and (2) use of the Site.  We may alter this Agreement at any time.  Cognella will post these updates on the Site, at which time the changes will be effective immediately.  Any continued use of the Site and any of its related resources will constitute acceptance of this Agreement.  It is the responsibility of the user to appropriately review the effective Terms of Use, as they are legally binding.

The Site and its entire contents, including any and all design, text, graphics, images, the selection and arrangement thereof, any and all software provided to facilitate the use of the Site, and any and all trademarks, service marks, trade names, or other proprietary materials appearing on the Site ("Content") are the sole and exclusive property of Cognella, Inc., unless otherwise noted.  No title, ownership, or other interest in or to the Content shall pass to you or any other user except as expressly provided under these Terms of Use.

Grant of License. In consideration of your acceptance of this Agreement and the payment by you in full for any applicable Cognella product access, Cognella grants to you a non-exclusive, non-transferable and limited license to use the Site as permitted herein.

You will acquire, at your own sole cost, all the required equipment, software, and software licenses needed to access the Site.

Use Restrictions. Any use of materials on this Site, including reproduction, modification, distribution, republication, or sale without the prior written permission of Cognella, Inc. is strictly prohibited.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You may not sublicense, transfer, or otherwise make available the Site or the accompanying Content to any third party for commercial purposes.  You may not transfer the Site or its Content into any other media or in any other location.  You will keep your account and access information (including, but not limited to, access codes, username, and password) secure from unauthorized usage and will notify Cognella in writing of any loss or theft of your password or any unauthorized use of your account.

Student Store Restrictions. Users agree to only purchase items from our Student Store (store.cognella.com) for courses in which they are actively enrolled. Users not enrolled in a course may purchase materials from the Title Catalog (titles.cognella.com).

Cookie Usage. Cognella utilizes standard cookie technology to recognize the computer of users who have visited the Site previously in order to gather information about usage patterns and enable certain website functionalities.  This allows Cognella to store your login information and tailor your visit to the Site, along with aggregating information used to improve the Site and provide traffic data.  The compiled information from cookies is for internal use only, and the only personal information a cookie can contain is information you supply voluntarily.  Cookies cannot read data off your hard disk or read cookie files created by other sites.  Please note that blocking the placement of cookies may disable or hinder certain Site functionalities.<

Links to Third-Party Websites. All links are provided as a convenience and reference tool only. The Site may contain links to third-party websites, either provided as a convenience to the user or as part of a third-party advertisement.  Cognella does not endorse the content of linked third-party websites nor any products or services that may be offered thereon and does not make any representations regarding the content or accuracy of materials on such third-party websites.  If you decide to access linked third-party websites, you do so at your own risk.  Cognella cannot guarantee that such third-party websites will be available for your usage.  Your use of third-party websites is subject to any terms and conditions of use for such websites.

Right to Shut Down, Deny or Limit Access. Cognella reserves the right to limit or revoke your access to this Site at its sole discretion, at any time and for any reason, including, but not limited to, any violation of these Terms of Use or in the event of website corruption or other technical difficulties.  If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

You agree to defend, indemnify, and hold Cognella, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions, or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or any other portion or aspect of the Site in a manner that violates or is alleged to violate this Terms of Use.  Cognella shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.

Disclaimer/Limitation of Liability. This Site is provided “as is,” and you agree that your use of the Site is at your sole risk.  Cognella reserves the right to change or discontinue at any time any aspect or feature of this Site and makes no warranty regarding the accuracy or suitability of the Content on the Site.  Except as specifically stated on this site, neither Cognella nor any of its directors, employees, or other representatives will be liable for damages arising out of or in connection with the use of this Site.  This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages.  Cognella assumes no responsibility or liability for any losses, damages, or other consequences of any kind resulting from any inability to access or use any of the resources or tools offered on the Site, including any services provided by a third party.

Cognella utilizes industry-standard encryption in correlation with the Privacy Policy noted below.

Choice of Law and Forum. This Agreement will be governed by the laws of the State of California, USA, as if entered into and to be fully performed in California.  The parties agree that any legal action or proceeding arising out of or relating to this Agreement will be instituted only in the City or County of San Diego, and the parties irrevocably submit to the jurisdiction of the state and federal courts located therein.  Each party hereby waives any claim or defense that San Diego is an inconvenient forum.

Reservation of Rights. All rights not expressly granted herein are reserved by Cognella.

Privacy Policy

Cognella, Inc., and its imprints and divisions, are committed to protecting the privacy and security of personal information entrusted to us. This privacy policy sets out how this website uses and protects any information you provide while using this website. Cognella may change this policy at any time by updating this page. You should check this page from time to time to ensure you are happy with any changes.

Information We Collect: When you visit our website, you may provide personally identifiable information such as your name, email address, and course details. If you choose not to provide the requested information, you may not be able to access all of our company’s content or services. Payment information will only be used to process transactions.

How We Use Personal Information: In general, we use collected information in order to: provide access to our textbooks and online course materials; respond to requests for information; determine eligibility for access to our products or services; and provide customer service.

When We Disclose Personal Information: We will disclose personal information as required by law in response to a subpoena, when necessary for health or safety purposes, or to protect our legal rights.

Information Collected on Behalf of Educational Institutions: Cognella provides course materials and services for educational institutions. Information collected is only used by Cognella to support the educational institution and provide the services requested by course instructors. We do not use this information for our own purposes. Most student course records are also protected by the Family and Educational Rights Privacy Act (FERPA). For information on your school's privacy statement and FERPA, please contact your school's administration.

Security: We are committed to ensuring your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How We Use Cookies: A cookie is a small file that asks permission to be placed on your computer's hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic to improve our website and tailor it to suit customer needs. We only use this information for statistical analysis purposes, after which the data is removed from the system.

Overall, cookies help us provide you a better website by allowing us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

A List of Cookies we Collect

The table below lists the cookies we collect and what information they store.

Cookie NameCookie Description
FORM_KEY Stores randomly generated key used to prevent forged requests.
PHPSESSID Your session ID on the server.
GUEST-VIEW Allows guests to view and edit their orders.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history, if you have asked for this.
STF Information on products you have emailed to friends.
STORE The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.
MAGE-CACHE-SESSID Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE-SECTION-INVALIDATION Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-TIMEOUT Facilitates caching of content on the browser to make pages load faster.
SECTION-DATA-IDS Facilitates caching of content on the browser to make pages load faster.
PRIVATE_CONTENT_VERSION Facilitates caching of content on the browser to make pages load faster.
X-MAGENTO-VARY Facilitates caching of content on the server to make pages load faster.
MAGE-TRANSLATION-FILE-VERSION Facilitates translation of content to other languages.
MAGE-TRANSLATION-STORAGE Facilitates translation of content to other languages.

Copyright Notice and Copyright Infringement Claims

If you believe your intellectual property has been reproduced or posted to our Site in a fashion that constitutes copyright infringement, please submit your copyright infringement claim per the process noted below.  Please be aware that any infringement notification must be submitted under penalty of perjury, and false claims may result in personal liability. In your submitted claim, please complete all of the following:
(a) identify the copyrighted work(s) that are claimed to be infringed;
(b) identify the material that is claimed to be infringing and that is to be removed (including information needed to locate the material [the URL(s) of such material is preferred]);
(c) indicate your contact information (including address, phone number, and email address);
(d) include a statement of your good faith belief that the use claimed to be infringing is not authorized by the copyright holder, the copyright holder’s agent, or the law;
(e) include a statement by you, made under penalty of perjury in a United States court of law, that all the information provided in your infringement claim is accurate and that you are either the copyright holder or an authorized party acting on behalf of the copyright holder; and
(f) include your physical or electronic signature.

Please send all copyright infringement claims to: Cognella, Inc., 3970 Sorrento Valley Blvd., Suite 500, San Diego, CA 92121; E-mail: copyright@cognella.com; Attn: Copyright Agent. Revised 04/18