Terms of service.
Last Updated 1/6/2024
These Terms of Service, together with the Cognition Collective LLC Privacy Policy, set forth the terms and conditions ("Terms") that apply to your access and use of the Cognition Collective LLC website, located at www.thecognitioncollective.com (together, the "Site"). "Cognition Collective LLC" is a Limited Liability Company, an Ohio corporation, and includes Cognition Collective LLC and its officers and members. Cognition Collective LLC services may include, but are not limited to, providing DEIBA Consulting Services and Sexual Wellness and Counseling (collectively, the "Services").
By using or accessing the Site, you agree to these Terms of Use, as updated from time to time in accordance with Section 14 below. Because Cognition Collective LLC provides a wide range of Services, including in-person facilitation ("Facilitation"), we may at times ask you to review and accept terms that apply to your interaction with a specific product or service, including a Facilitation. These Terms state that any disputes between you and Cognition Collective LLC must be resolved in arbitration or small claims court.
Account Security. To use the Site, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Site or Services; and (iii) use the Site in compliance with any and all applicable laws and regulations.
Prohibited Conduct. You agree not to:
A. Use the Site for any illegal purpose or in violation of any local, state, national, or international law;
B. Violate or encourage others to violate the rights of Cognition Collective LLC or any third parties, including intellectual property rights;
C. On the Site or any of our social media accounts, post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere in any way with security-related features of the Site;
E. Interfere with the operation or any user's enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
F. Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Cognition Collective LLC's express written permission;
G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
Electronic Communications, Alerts, Notifications. As part of the Site or Services, you may receive notifications, alerts, emails, or other types of electronic communications regarding the Site or Services. You acknowledge and agree that you may receive communications from us electronically, such as via email or text message or through notices and messages on our Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where applicable law requires, we will seek to express prior written consent to you for marketing text messages or marketing calls (non-transaction related). Additionally, we may use third-party vendors to communicate with you. To the extent you have any questions, please refer to their terms of use.
Third-party Content. The Site may, from time to time, contain links to third-party websites and resources. Cognition Collective LLC provides such links as a convenience and does not control or endorse these websites and resources. You acknowledge and agree that Cognition Collective LLC has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or resources and is not responsible for any such content's legality, accuracy, or appropriateness. Cognition Collective LLC 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 any such third-party websites or resources.
Intellectual Property. You acknowledge and agree to relinquish all ownership rights in any ideas or suggestions you submit to Cognition Collective LLC through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Cognition Collective LLC, except third-party trademarks or service marks, which are the property of their respective owners.
Pricing. The prices, if any, displayed for Services available for purchase represent the applicable retail prices and do not include any applicable taxes or other charges. Any applicable taxes or other charges will be communicated to you before you place an order. The prices displayed on the Site are quoted in U.S. dollars.
Services Information. We make every effort to present the most recent, accurate, and reliable information on the Site at all times. However, occasionally, there may be information on the Site containing typographical errors, inaccuracies, or omissions relating to service descriptions, pricing, promotions, offers, and availability. Cognition Collective LLC is not responsible for errors regarding price, availability, or any other matter. Likewise, Cognition Collective LLC does not warrant the accuracy of customer product ratings, comments, or feedback.
Payment. By submitting an order for any Service on the Site, you agree to pay in advance the price of the service(s) ordered, plus any applicable taxes and/or other charges. You may make payment by credit card or any other method of payment we may make available to you (currently also including checks and ACH transfers, each a "Method of Payment"). In order to make a payment, you must provide us with a valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties to facilitate the completion of transactions initiated by you or on your behalf. Verification of information may be required before the acknowledgment or completion of any transaction. In the event of a returned check, we will add a service charge of twenty-five dollars ($25) for the first check passed on insufficient funds and thirty-five dollars ($35) for each subsequent check passed on insufficient funds or such lesser amount as allowed by applicable law.
Processing Orders. If any problems arise with your order or Method of Payment associated with your purchase, and we are unable to resolve the problem, we may notify you via the contact information provided at the time of your purchase. If problems arise with your order that we cannot resolve, your order may be canceled, and we may not be able to process future purchases until the problem has been resolved.
Cancellation. We reserve the right to cancel, modify, or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person, or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user's conduct violates applicable law or is harmful to our interests. You may reschedule or cancel a fully virtual session up to seven (7) days before your scheduled date. After that point, you shall receive neither a refund nor credit towards a future purchase. For in-person facilitation, you may cancel a session with any in-person component and receive a full refund up to ten (10) days before the scheduled facilitation date. If you cancel a session in fewer than ten (10) days, you shall receive neither a refund nor credit towards a future purchase.
Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Cognition Collective LLC and its Member, officer, employee, representative, or another agent from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Cognition Collective LLC reserves the right, at our own expense, to participate in the defense of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. Cognition Collective LLC also reserves the right to assume the exclusive defense and control of any indemnifiable matter should you refuse to act in our defense or should your defense be inadequate as determined in our sole discretion, and our attorneys' fees then incurred would become indemnifiable costs.
Reliance on Information Posted. The information presented on or through the Site 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 information by you or any other visitor to the Site or by anyone who may be informed of any of the Site's contents.
Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, in its sole discretion, Cognition Collective LLC may suspend or terminate some or all of your access to the Site or Services at any time, with or without notice to you. Cognition Collective LLC may continue to store your information and content to the extent and for the time period deemed necessary, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
Modification of the Terms. Cognition Collective LLC reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice (which may be posted prominently on the Site's contact page) and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, posting a notice on our website or emailing any address you may have provided. Your continued use of the Site or Services following notice will be deemed acceptance of any modifications to the Terms.
Disclaimers of Warranties. The Site is provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. Although Cognition Collective LLC seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may, at times, be inadvertent technical or factual errors or inaccuracies. Cognition Collective LLC specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. Cognition Collective LLC does not guarantee the accuracy of and disclaims all liability for any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
Limitation of Liability. In no event will Cognition Collective LLC be liable to you or anyone else for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Cognition Collective LLC has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
Governing Law. These Terms are governed by the laws of the United States and the State of Ohio without regard to its conflict of law principles. Subject to Section 19, which provides that disputes are to be resolved only through small claims court, if available, or binding arbitration, to the extent that any court proceeding is permitted hereunder, you and Cognition Collective LLC agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Stark County, Ohio, to litigate any such disputes.
Geographic Restrictions. We provide the Site for use only by persons located in the United States. We make no claims that the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Dispute Resolution by Small Claims Court or Binding Arbitration. In the interest of resolving disputes between you and Cognition Collective LLC most expediently and cost-effectively, you and Cognition Collective LLC agree to resolve disputes arising out of or related to your use of the Site, your breach of these Terms of Services or otherwise only first through small claims court, if it has jurisdiction, and if not, then only through binding arbitration administered by the American Arbitration Association per its Commercial Arbitration Rules, before one arbitrator, in Canton, Ohio, instead of in courts of general jurisdiction, except for any court action needed for a preliminary or injunctive remedy not available in small claims court or to interpret or enforce this arbitration provision or any arbitration award ("Agreement to Arbitrate"). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The prevailing party in any arbitration or court proceeding shall be entitled to recover his/her/its/their reasonable attorney fees and costs. Any arbitration or litigation as permitted under these Terms will occur individually; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and to the extent necessary to provide relief necessitated by that party's claim(s). Any relief awarded cannot affect other users.
Modification of the Site. Cognition Collective LLC reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that Cognition Collective LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
General.
A. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Cognition Collective LLC regarding your use of and access to the Site, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.
B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.