Terms of Service

Terms of Service

Overview

At Cognitive Concierge, we are on a mission to ease the burden of navigating life decisions that accompany cognitive conditions so our clients can focus on participating in life more fully and independently. We are health and wellness meets technology, delivered through a simple, yet powerful web service. We believe that the diagnosis of a cognitive condition should be approached with the same level of rigor and care as those with any other chronic condition. We aim to make it so by delivering exceptional cognitive advocacy and enrichment programs.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.

Terms of Service

These Terms govern your access and use of:

  • Our website (https://mycognitiveconcierge.com);
  • Our mobile applications;
  • Our other Cognitive Concierge products, services, and features that are available on or through our website (for example, Cognitive Concierge membership plans, Cognitive Destination Retreats and Cognitive Topical Retreats).

Throughout these Terms, we’ll refer to our website, mobile applications, and other products and services collectively as “Services.”

Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Cognitive Concierge’s Privacy Policy), and procedures that may be published from time to time by Cognitive Concierge (collectively, the “Agreement”).

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

1. Who’s Who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.

2. Use of Services

Our Services have been compiled and are maintained by us but we make no representation as to the completeness or accuracy of the information it contains. You should be aware that some information may be incomplete, may contain errors or may be outdated. We reserve the right to add, modify or delete any information contained on our Services without notice to you. We specifically disclaim any duty to update our Services.

You agree that we may update our Services, and the Agreement will apply to any updates.

3. User Accounts

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a Cognitive Concierge account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.

4. Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

5. Copyrights, Trademarks and Intellectual Property

Our Content

Our Services and all content on our Services (“Content”) are protected under U.S. and international copyright laws. All Content including but not limited to text, data, messages, pictures, images, video, audio, graphics, code, computer software, items for sale or other materials on our Services are the property of Cognitive Concierge or its subsidiaries and protected under intellectual property laws.

You may download certain Content provided as part of our Paid Services (one machine-readable copy and one print copy per page) for personal, noncommercial use only. For all other Content on our Services, further reproduction, distribution, transmission, display, publication, or broadcast requires the prior written permission of Cognitive Concierge.

You may not alter or remove any trademark, copyright, or other proprietary notices contained in original or copies you make of Content.

Content You Provide Us

A user may submit textual content (“user comments”) and picture or video content (“user videos”) to Cognitive Concierge for inclusion on our services, collectively referred to as (“User Content”). By submitting any User Content for inclusion on our Services, you hereby waive any privacy expectations that you may have with respect to any such User Content, including to any comments, photo, video, or other data or information submitted by you to Cognitive Concierge. 

You acknowledge and agree that any User Content submitted by you to Cognitive Concierge may be available for viewing, rating, review, and comment by the public.  You acknowledge and agree that, once submitted by you and made accessible to users, Cognitive Concierge shall have no obligation to remove, delete, or disable access to any User Content made by you, or to return any submission to you.

You retain ownership rights in your User Content. By submitting User Content to Cognitive Concierge for inclusion on our Services, you grant Cognitive Concierge a world-wide, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content. We will also be free to use any ideas, concepts, know-how, or techniques contained in information that you send to us for any purpose including, but not limited to, developing, manufacturing, and marketing products and services.

You agree not to submit a User Content that contains any material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cognitive concierge all of the license rights outlined herein.  By posting User Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to do so.

You agree not to submit material that is offensive, derogatory, obscene, infringing of any third party’s rights, or contrary to local, national, and international laws and regulations. 

Third-Party Content

Content owned by third parties may also appear on our Services, and you should respect those property rights as well. Content owned by third parties available on our Services is used by Cognitive Concierge pursuant to rights from the third party.

Intellectual Property

The Agreement does not transfer from Cognitive Concierge to you any Cognitive Concierge or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cognitive Concierge.

Cognitive Concierge, mycognitiveconcierge.com, the Cognitive Concierge logo, and all other trademarks, service marks, graphics, and logos used in connection with Cognitive Concierge or our Services, are trademarks or registered trademarks of Cognitive Concierge. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Cognitive Concierge or third-party trademarks.

Use of Copyrights and Trademarks Prohibited

Nothing on our Services should be construed as granting by implication, estoppel, or otherwise, a license or right to use any mark displayed on our Services, without the prior written permission of the owner of the mark. The copyright in the Content is owned by Cognitive Concierge, unless otherwise noted. We do not warrant or represent that use of our Services will not infringe rights of third parties. See the User Conduct section for your obligations. 

6. Fees, Payment and Renewal

Fees for Paid Services. Our Services are offered for a fee, such as but not limited to Cognitive Concierge membership plans, Cognitive Destination Retreats and Cognitive Topical Retreats (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. These fees may be one-time fees or recurring fees. For recurring fees, we’ll bill or charge you in regular automatically-renewing intervals (such as weekly, monthly, or annually), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.

Depending on which billing option you choose (like monthly vs. annually), there may be different features available or policies that apply to your Paid Service.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

Shipping: We may charge shipping fees for certain Services. You are responsible for payment of all applicable shipping fees relating to use of our Services. We use reputable mailing services, such as UPS, USPS, DHL and FedEx. We do not warrant that the results you obtain from the use of these mailing services (on-time arrival, for example) will be accurate or reliable.

Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.

Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase an annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for Paid Services by visiting your Subscriptions Page.

Cancelling Automatic Renewal. You can manage and cancel your Paid Services, go to your Subscriptions Page, click on the plan you wish to cancel, then select the “Cancel” action. You must repeat this process for each subscription you wish to cancel.

Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.

No-Show Policy. We may have a “no-show policy” for some Paid Services (for example, our Cognitive Destination Retreats and Cognitive Topical Retreats), which means that if you fail to show up or are late for a scheduled session, we may withhold the Service without a refund.

Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

7. User Conduct

(a) You agree that your use of our Services will be in strict accordance with these Terms.

(b) You agree that your use our Services will be for lawful purposes only and in compliance with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);

(c) You agree that you will not use the Services for any unlawful purposes or in furtherance of illegal activities. You are prohibited from using our Services, or transmitting to or through our Services, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful (ethnically or racially) or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, infringe on any intellectual property right or otherwise violate any law.

(d) You agree that you will not take any action that interferes or attempts to interfere with the intended functioning of our Services, including submitting or transmitting any software or other computer files that contain a virus or other harmful component, or otherwise impairing or damaging our Services.

(e) You agree that you will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity when using our Services, nor will you attempt to gain unauthorized access to any portion or features of the Services, to any other systems or networks connected to our Services, to any of our servers, or to any of the Content offered on our Services, including but not limited to by hacking, password “mining,” or any unauthorized means.

(f) Our Services and Content are proprietary to Cognitive Concierge. Content is owned by or licensed to Cognitive Concierge, subject to copyright and other intellectual property rights under the law.  You agree that you will access and use our Services and Content for personal, noncommercial use.

(g) You agree that you will not reproduce, distribute, or make derivative works of our Services or Content without the express consent of Cognitive Concierge.  You agree not to alter or modify any part of our Services or Content. You agree not to circumvent, disable or otherwise interfere with security-related features of our Services or Content that prevent or restrict use or copying of any content or enforce limitations on use of our Services or Content. You agree that you will not systematically retrieve data or other content from our Services by any means, and you will not compile a database or directory of information extracted from our Services. 

(h) You agree not to use any automated means to collect information or content from or otherwise access our Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission. Notwithstanding the foregoing, Cognitive Concierge grants the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose of and solely to the extent necessary for the creation of publicly available searchable indices of the materials, but not for the creation of caches or archives of such materials. Cognitive Concierge reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names and e-mail addresses, from our Services, or to use the communication systems provided by our Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our Services with respect to their user submissions.

8. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. Cognitive Concierge has a policy of protecting copyrights and of complying with the take-down procedures established under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). 

If you are a copyright owner or an agent thereof and believe that material located on or associated with a Cognitive Concierge product or service violates your copyright, you may submit a notification pursuant to the DMCA to contact@mycognitiveconcierge.com, including the following information (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

9. Linking

You may link to our Services provided you comply with the following:

(a) You must link to the home page only. Links to other pages on our Services are prohibited, unless approved by Cognitive Concierge in advance in writing.

(b) Links must only be text-based. You may not use inline links, anchor links, deep links, or any of our logos or other marks as links, unless approved by Cognitive Concierge in advance in writing.

(c) Framing is not permitted under any circumstance. You may not create frames around our Services or use any other technique that alters in any way the visual presentation or appearance of our Services.

(d) In linking to our Services, you may not misrepresent your relationship with us. No links to our Services may be used in a manner that implies or suggests that we approve or endorse you, your website or application, or your goods and services, except as we may have agreed to separately with you in writing.

(e) Cognitive Concierge has no responsibility or liability for any content appearing on the website or application from which you link to our Services. You agree to indemnify us, defend us at your sole cost, and hold us harmless from and against any and all claims arising out of or based on such website or application including your links.

(f) No link(s) may appear on any page on your website or application, or within any context containing content or materials that may be interpreted as libelous, obscene, criminal, pornographic, or which infringes or otherwise violates, or advocates the infringement or other violation of, any third-party rights.

(g) We may at any time, in our sole discretion, without cause, terminate your right to link to any pages on our Services. In such event upon request, you agree to immediately remove all links to our Services and to cease using any of our marks.

(h) We reserve the right to change this linking policy at any time, so it is your responsibility to periodically review this page for any changes.

10. Third-Party Websites or Applications

We make no representations whatsoever about any other third-party website or application that you may access through hypertext links on our Services. When you access any such third-party website or application, you acknowledge and agree that it is independent from us, and that we have no control over the content of any such website or application. In addition, a link to such third-party website or application does not mean that we endorse or accept any responsibility for the content, or the use, of such website or application. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Additionally, third-party websites may have cookies and such websites or applications may collect personal information. We encourage you to read the Terms and Conditions and Privacy Policies for such third-party websites or applications.

11. Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Cognitive Concierge, or by the posting by Cognitive Concierge of a revised version. If we make changes that are material, we will let you know by posting a notice on this page or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

12. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your Cognitive Concierge account, you may simply discontinue using our Services, or, if you are using Paid Services, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Disclaimer of Warranties

Our Services are provided on an “AS IS” or “AS AVAILABLE” basis. Cognitive Concierge, its officers, directors, employees and agents hereby disclaim all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cognitive Concierge, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You acknowledge that you download from, or otherwise obtain our Services or Content at your own discretion and at your sole risk.

Some jurisdictions do not allow the exclusion of implied warranties, so the foregoing may not apply to you.

14. Limitation of Liability

Under no circumstances will Cognitive Concierge, its subsidiaries or affiliates be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation any damages for loss of revenue; loss of use of our Services, loss or damage to your computer equipment or programs, business interruption, loss of use of data, program or equipment); (ii) the cost of procurement for substitute products or services; or (iii) for any amounts that exceed $25 or the fees paid by you to Cognitive Concierge under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Cognitive Concierge, its subsidiaries and affiliates will not be liable for such damage however it arises, whether for breach or in tort, even if Cognitive Concierge, its agents, directors, employees, affiliates, subsidiaries or assigns had been previously advised of the possibility of such damage. Cognitive Concierge shall have no liability for failure or delay due to matters beyond their reasonable control.

You are advised that some jurisdictions do not permit or otherwise restrict or limit the exclusion of implied warranties or limitation of consequential damages, so that the above disclaimers, exclusions or limitations may not apply to you.

15. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed and construed in accordance with the laws of the State of Illinois, U.S.A., excluding conflict of laws rules. You agree that any and all disputes arising out of or relating to the Agreement and any access to or use of our Services will be resolved exclusively by a state or federal court in Chicago, Illinois and you also agree to submit to the jurisdiction of any such court for the purpose of resolving any such dispute.

You agree that the remedy for any breach of the Agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C.  § 501 et seq. (the “act”), regardless of whether our content is protected by the act or has been timely and/or properly registered under the act, and regardless of whether you are located in the United States. You agree that any cause of action against Cognitive Concierge arising out of or related to our Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

16. Indemnification

You agree to defend, indemnify and hold harmless Cognitive Concierge, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, demands, costs or debt, and expense (including but not limited to attorneys’ fees) arising out of or related to: (a) access to or use of our Services; (b) your violation of the Agreement; (c) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (d) any claim that User Content caused damage to a third-party. This defense and indemnification obligation will survive these Terms and your use of our Services.

17. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Cognitive Concierge may assign its rights under the Agreement without restriction.

18. US Economic Sanctions

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

19. Translation

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

20. Miscellaneous

The Agreement constitutes the entire agreement between Cognitive Concierge and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Reference

This Terms of Service is a derivative of “Terms of Service” by Automattic licensed under CC BY-SA 4.0.