TERMS AND CONDITIONS OF USE

PLEASE READ CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your assent to these Terms and Conditions of Use. Do not use this site if you do not agree to all of these Terms and Conditions of Use.

Pure Cobalt may revise and update these Terms and Conditions of Use at any time. Your continued use of the Forgetful Not Forgotten web site ("FNF Web Site" or the "Site") will mean you accept all changes.

This site does not provide medical advice
The contents of the FNF Web Site, such as text, graphics, images, information obtained from Pure Cobalt's licensors, and other material contained on the FNF Web Site ("Content") are for information purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the FNF Web Site.

Use of content
Pure Cobalt authorizes you to view or download a single copy of the material on the FNF Web Site solely for your personal, non-commercial use. "All rights reserved" and other copyright and proprietary rights notices that are contained in the Content must bne respected. Any special rules for the use of certain software and other items accessible on the FNF Web Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions of Use by reference.

The Content is protected by copyright under both Canadian and foreign laws. Title to the Content remains with Pure Cobalt or its licensors. Any use of the Content not expressly permitted herein is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of Pure Cobalt. All rights not expressly granted herein are reserved to Pure Cobalt and its licensors.

Liability of Pure Cobalt and its licensors
The use of the FNF Web Site and the Content is at your own risk. When using the FNF Web Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Pure Cobalt and its suppliers. Accordingly, Pure Cobalt assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the FNF Web Site.

The FNF Web Site and the Content are provided on an "as is" basis. PURE COBALT, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, Pure Cobalt, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the FNF Web Site or through Pure Cobalt.
   
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the FNF Web Site.
   

In no event shall Pure Cobalt, its licensors, its suppliers, or any third parties mentioned on the FNF Web Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the FNF Web Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Pure Cobalt, its licensors, its suppliers, or any third parties mentioned on the FNF Web Site are advised of the possibility of such damages.

User submissions
The personal information you submit to Pure Cobalt is governed by the Pure Cobalt Privacy Policy. To the extent there is an inconsistency between this Agreement and the Pure Cobalt Privacy Statement, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission, you agree that you will not send or transmit to Pure Cobalt by e-mail, (including through the e-mail addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Pure Cobalt by e-mail, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Pure Cobalt by e-mail, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Pure Cobalt a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Pure Cobalt may sublicense its rights through multiple tiers of sublicenses.

User submissions: image, video, audio files
You agree to post or upload media (photos, video or audio) that you have taken yourself or for which you hold all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually owner-copyrighted.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (such as name, phone number, e-mail address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the FNF Web Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have his or her explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that may give rise to civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions of Use.

You agree that you will not upload 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 this web site.

By uploading any media such as a photo or video, (a) you grant to Pure Cobalt a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Pure Cobalt to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Pure Cobalt and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with the terms in this document.

Pure Cobalt reserves the right to review all media and remove any media for any reason, at any time, without prior notice, at its sole discretion.

Passwords
Pure Cobalt has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Forgetful Not Forgotten web site passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Pure Cobalt account and password; (3) promptly inform Pure Cobalt of any need to deactivate a password. You grant Pure Cobalt and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Pure Cobalt cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Pure Cobalt tools and services.

Pure Cobalt live and member-to-member areas
If you use a Public Area, such as a chat room, message board, blog or community Ask Our Expert posting or other member communities, you are solely responsible for your own communications, the consequences of posting such communications, and your reliance on any communications found in the Public Areas. Pure Cobalt and its licensors are not responsible for the consequences of any communications in the Public Areas.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions of Use:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws
   
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others
   
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Pure Cobalt in its sole discretion
   
4. Posting advertisements or solicitations of business
   
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form)
   
6. Posting chain letters or pyramid schemes
   
7. Impersonating another person
   
8. Distributing viruses or other harmful computer code
   
9. Harvesting or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments
   
10. Allowing any other person or entity to use your identification for posting or viewing comments
    
11. Posting the same note more than once or "spamming"
    
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Pure Cobalt, exposes Pure Cobalt or any of its customers or suppliers to any liability or detriment of any type
    

Pure Cobalt reserves the right (but is not obligated) to do any or all of the following:

1. Record the dialogue in public chat rooms.
   
2. Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication.
   
3. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions of Use.
   
4. Terminate a user's access to any or all Public Areas and/or the FNF Web Site upon any breach of these Terms and Conditions of Use.
   
5. Monitor, edit, or disclose any communication in the Public Areas.
   
6. Edit or delete any communication posted on the FNF Web Site, regardless of whether such communication violates these standards.
   

Pure Cobalt or its licensors have no liability or responsibility to users of the FNF Web Site or any other person or entity for performance or non-performance of the aforementioned activities.

Advertisements, searches, and links to other sites
Pure Cobalt may provide links to third-party web sites. Pure Cobalt also may select certain sites as priority responses to search terms you enter and Pure Cobalt may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Pure Cobalt does not recommend and does not endorse the content on any third-party web sites. Pure Cobalt is not responsible for the content of linked third-party sites, sites framed within the FNF Web Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. Pure Cobalt does not endorse any product, service, or treatment advertised on the FNF Web Site.

Indemnity
You agree to defend, indemnify, and hold Pure Cobalt, 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 violation of these Terms and Conditions of Use.

Notice and takedown procedures; and copyright agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Pure Cobalt's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (for example, a URL) of an authorized version of the work.
   
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
   
3. Your name, address, telephone number and (if available) e-mail address.
   
4. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
   
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
   
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
   

To contact the agent for copyright issues relating to this web site, write to:

Pure Cobalt
Attn: Forgetful Not Forgotten Copyright Enforcement
3745 St. Jacques Street West
Montreal, Quebec
Canada
H4C 1H3

Or e-mail at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Complete agreement
Except as expressly provided in a particular "legal notice" on the FNF Web Site, these Terms and Conditions of Use and the Pure Cobalt Privacy Statement constitute the entire agreement between you and Pure Cobalt with respect to the use of the FNF Web Site and the Content.

Thank you for your cooperation.