Last updated: October 1, 2018
By using Cognition.Finance (the “Site”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).If you do not agree to all the terms and conditions of this Terms of Service, then you may not access or use the Services. The Services are available only to individuals who are at least 21 years old. Cognition.Finance (“we” or “us”) reserve the right to update and change these Terms of Service without notice.Violation of any of the terms below may result in the termination of your account.
You are responsible to keep your account safe by generating a strong password and safeguarding it. You must provide a real name and email ID to use our Site. Only one person can use each login name and password.
If there are any posts, questions, comments or other activity under your account, it is your responsibility.
You are not permitted to use the Site for any illegal or unauthorized purpose or anything that is in violation of any law.
We are here to serve human beings. No “Bots” are allowed to register or use our Site.
The terms of our Membership Plans are deemed incorporated herein by reference and to the extent of any conflict or inconsistency between this Terms of Service and the terms of an applicable Membership Plan, the terms of the Membership Plan shall prevail, but only as to that Membership Plan.
Some of the Site content isfreeand some ispaid services. When it is paid, there will be a clear indication of price.
All products and services – paid and unpaid– are offered without any warranty, explicit or implied, and the Site shall not be responsible for any harm caused whatsoever. The materials appearing on the Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our Site are accurate, complete, or current. We may make changes to the materials contained on our Site at any time without notice. We do not, however, make any commitment to update the materials.
All prices of products and services are subject to change without notice. All prices are listed in U.S. dollars.Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of alltaxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.
Digital information cannotbe “returned” and hence any paid contentisbe sold without any recourse to a return or a refund.
We use a third party payment processing provider (Payment Processor) and the processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Terms of Service.
Unless you have purchased a commercial consulting license, our content is licensed for your exclusive useand shall be used only in compliance with this Terms of Service. Our content should be maintained in confidence and disclosed only to those persons within your organization who have a need to know. All materials published and/or distributed on or through the Services (collectively, the “Content”) are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by us or the party credited as the provider of the Content.
You may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part, without our express written consent or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content. You may not use our logo or proprietary graphic or trademark without our express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in us and/or our content providers or licensors. We reserve any rights not expressly granted in this Agreement.
You are not granted a license to any other Content you have not purchased by this Terms of Service. Our Content is protected by intellectual property laws, and belongs to and is the property of us, our affiliates, or our licensors (if any) (collectively “Protected Parties”), and we retain all ownership rights in them. You acknowledge and agree that the Contentis proprietary to the Protected Parties and comprise: (a) works of original authorship; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by the Protected Parties at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm the Protected Parties.
Any opinions expressed by the contributors are the personal opinions of the authors, not of us, whether or not the authors are our employees or contractors.
The Site may, but does not have any obligation to, remove Content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without ourexpress written permission.We have not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by usof the linked site. Use of any such linked web site is at the user’s own risk.
WE CANNOT AND WILL NOT, FOR THE FEE CHARGED FOR THE CONTENT, BE AN INSURER OR GUARANTOR OF THE ACCURACY OR RELIABILITY OF THE CONENT. YOU RECOGNIZE THAT EVERY BUSINESS DECISION REPRESENTS AN ASSUMPTION OF RISK AND THAT NEITHER WE NOR OURCONTENT PROVIDERS, IN FURNISHING SERVICES UNDERWRITE OR ASSUME YOUR RISK IN ANY MANNER WHATSOEVER.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE CONTENT FOR ANY PURPOSE. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR CONTENT PROVIDERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE BASED ON ANY ERRORS OR OMISSIONS THEREFROM, WHETHER NEGLIGENT OR OTHERWISE, IN DELIVERING THE CONTENT OR PROVIDING THE SERVICES.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THEREOF. THE RELATED PARTIES(DEFINED BELOW) WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUES OR LOST BUSINESS OPPORTUNITIES, WHETHER OR NOT WE WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES RELATING TO THE USE OF THE SITE, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES, INFORMATION SOURCES, AGENTS, LICENSORS, DISTRIBUTORS, AND ANY OF THEIR AFFILIATED PERSONS AND ENTITIES, AND THEIR RESPECTIVE SUCCESSOR AND ASSIGNS (COLLECTIVELY, THE “RELATED PARTIES”), FOR ANY REASON WHATSOEVER RELATED TO THE PURCHASE OR USE OF ANY CONTENT SHALL NOT EXCEED THE AGGREGATE OF US$1,000.00, AND YOU AGREE NOT TO SUE FOR A GREATER AMOUNT. YOU RELEASE AND DISCHARGE THE RELATED PARTIES FROM ALL LIABILITY IN EXCESS OF US$1,000.00, INCLUDING LIABILITY FOR ITS OR THEIR NEGLIGENCE.
NOTHING IN THIS AGREEMENT, EXPRESS OR IMPLIED, IS INTENDED TO OR SHALL CONFER UPON ANY THIRD PARTY PERSON OR ENTITY ANY RIGHT, BENEFIT OR REMEDY OF ANY NATURE WHATSOEVER UNDER OR BY REASON OF THIS AGREEMENT. YOU WILL INDEMNIFY AND HOLD HARMLESS THE RELATED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES (INCLUDING ATTORNEY’S FEES, PREJUDGMENT AND POSTJUDGMENT INTEREST, AND APPEAL BONDS), LIABILITIES, FINES, COSTS, AND DAMAGES INCURRED BY ANY OF THE INDEMNIFIED PARTIES THAT RESULT FROM YOURBREACH OF THIS AGREEMENT OR USE OF THE SERVICES.
If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
We charge a subscription fee (“Fees”) for the use of Membership accounts. By registering for a Membership account, you agree to pay us the Fees applicable to the membership plan level chosen. We expressly reserve the right to change the Fees at any time, upon notice to you. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay us all currency conversion chargesfor the use of Content. For any upgrade or downgrade in plan level that you elect, your credit card will automatically be charged the new rate on your next billing cycle.
All Fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrades/downgrades, or for months when you did not use the Service. We reserve the right to deactivate your access to your account if you fail to pay applicable Fees. You must provide current, complete and accurate billing information. You must promptly update all billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify us if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay us in the event of any refusal of your credit card issuer to pay any amount to us for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, we may immediately suspend or terminate your access to your account.
Your subscription will renew automatically, unless we terminate it or you terminate your subscription by providing notice via email. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
We are based in Boston, Massachusetts, USA and all questions with respect to the construction of this Agreement and the rights and liabilities of the parties shall be construed in accordance with the substantive law of the State of Massachusetts, without regard to conflict of laws principles.
Venue as to any action arising out of the subject matter hereof shall be in any state court located in Suffolk Country, Massachusetts or other relevant jurisdiction. In the event of legal action, both parties waive trial by jury. Notwithstanding the foregoing, we may seek preliminary injunctive relief from any court of law if in our judgment such action is necessary to avoid irreparable harm.
Support is provided by email only.
We reserve the right to modify the terms and conditions of this Terms of Service or our policies relating to the Service at any time, effective upon posting of an updated version of this Terms of Service on the Site. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Users Outside United States: The Site is controlled and offered from the United States of America. We makeno representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with applicablelaw. You consent to the processing and storage in the United States of America of information and data you provide to us.