Terms and Conditions

Effective Date: 15 April 2025

This Terms and Conditions of use agreement applies exclusively to the Cognaid articles, posts, explainers, self-tests, professional tests and other content provided by Cognaid, Inc. The link that brought you here was on a page provided by Cognaid, Inc.

PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE

These terms and conditions (the “Terms”), along with our Privacy Policy, constitute a legally binding agreement (the “Agreement”) between you (“User” or “Contributing Authors”) and Cognaid, Inc., (“Cognaid,” “we,” “us” or “our”). By accessing or using our website or any related platforms (collectively, the “Site”), you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you are not permitted to use the Site.

The Site may include but is not limited to publicly accessible articles, posts, explainers, reference material, self-tests and other features designed to inform Users about the world of mental health. Invited contributors can create accounts on our author publishing platform (“Contributing Authors”). By using the Site, you agree to abide by any additional terms and conditions that may apply to specific features or services, which will be presented to you before use, and considered part of this Agreement.

This Agreement remains in effect regardless of whether you have registered for an account, and if your use of the Site is terminated, your obligations under these Terms and Conditions will continue, including indemnification responsibilities outlined herein. We reserve the right to modify these Terms at any time, and we will provide notice of any changes via our website, email, or other communication methods. Your continued use of the Site after changes are posted signifies your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue using the Site.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT IMPACT HOW DISPUTES BETWEEN YOU AND COGNAID WILL BE HANDLED, INCLUDING A REQUIREMENT FOR BINDING ARBITRATION, WITH LIMITED EXCEPTIONS, UNLESS YOU OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU MAY ONLY BRING CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND (B) YOU MAY ONLY SEEK RELIEF ON AN INDIVIDUAL BASIS, INCLUDING MONETARY, INJUNCTIVE, OR DECLARATORY RELIEF.

We are constantly working to improve the Site and may introduce new features, discontinue, or alter existing features at any time. Cognaid will not be liable for any suspension, discontinuation, or change in the Site.

1. About the Site

Subject to these Terms and Conditions, Cognaid grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use the Site in accordance with these Terms and Conditions. While users can access features of the Site without creating an account, for Contributing Authors and Member Providers to fully utilize the Site and communication tools, you must create an account and provide certain information. By providing this information, Contributing Authors authorize Cognaid to use and disclose it as outlined in our Privacy Policy.

As you use the Site, you may encounter various types of content provided by us or our affiliates. “Content” refers to any text, data, graphics, images, videos, articles, posts, tests, profiles, or other materials made available through the Site.

Although we strive to offer accurate and reliable Content, Cognaid makes no guarantees or warranties, neither explicit nor implied, about the accuracy, completeness, or reliability of any Content (including, but not limited to, professional qualifications, expertise, diagnostics or service quality). You acknowledge that any decisions you make based on the Content are at your own risk, and we will not be liable for any actions you take in reliance on the information provided. Additionally, Cognaid does not endorse, recommend, or refer any specific individual or organization listed in the Content or accessed through the Site.

2. Disclaimer of Medical Liability

THE SITE IS PROVIDED BY COGNAID FOR INFORMATIONAL, EDUCATIONAL, AND GUIDANCE PURPOSES ONLY. THE SITE CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR IS IT A SUBSTITUTE FOR PROFESSIONAL THERAPY OR DIAGNOSTIC SERVICES.

Cognaid does not employ or supervise Contributing Authors and is not responsible for any actions or omissions by Contributing Authors, Providers, or Users. Cognaid’s responsibility is limited to providing access to the Site and the author publishing platform and to the Provider platform for those subscribed to our services.

The Site is not intended for medical diagnosis, including advice or recommendations about appropriate drugs or treatment. Users should disregard any such advice if it is offered through this platform and are advised to exercise care and caution as well as do their own research when using the site. The professional tools provided to Providers are only intended to be adminstered and interpreted by qualified examiners under their supervision and own liability.

You acknowledge that the Site is not a substitute for in-person consultation with a licensed health professional. You should not rely on any information found on this Site to make health or well-being decisions. You should never delay or disregard seeking medical advice from your healthcare professional based on information or advice found on this site.

Any Content or information provided by Contributing Authors or other parties is presented for general informational purposes and may not be suitable for every individual or predictive of success or outcome. You assume all risk if you choose to rely on any Content found on the site. Cognaid does not control, verify, or assume responsibility for the Content provided by Contributing Authors.

We do not recommend or endorse any specific Contributing Author and make no warranties regarding the quality of the Site or Content provided by any Contributing Author.

If you are experiencing a mental health crisis, are considering harmful actions, or believe you or someone else is in danger, please immediately call the appropriate emergency services. You acknowledge that this site is not intended for use in serious mental health emergencies or for providing drug treatment guidance

3. Site Access and Profiles

Users, Contributing Authors, and Member Providers may voluntarily submit information on the Site, authorizing Cognaid, its staff, agents, and representatives to use and disclose such information as described in the Privacy Policy (“Personal Information”). If you are a User, you may browse the Site without sharing Personal Information. However, to contact a Contributing Author through the Site, you may need to submit details such as your name, email address and phone number, which will be shared with the selected Contributing Author. Now, to access the Member Provider tools and services, you may also be asked for payment methods and practice details.

Please be aware that if you send a message using Cognaid’s contact form, your message may be transmitted via email, which is not fully secure.

Contributing Authors agree to work with Cognaid to create a public profile (“Profile”) on the Site, including information such as name, education, and professional background. A Cognaid representative may assist with setting up and updating Profiles as needed. Each Contributing Author is responsible for ensuring their Profile is accurate, complete, and up-to-date. Contributing Authors are solely responsible for maintaining the confidentiality of their login credentials. Contributing Authors must immediately notify us if there is any unauthorized access to their account. Cognaid reserves the right, at its discretion and without prior notice, to remove or disable any Profile, terminate Contributing Author or Member Provider accounts, remove Contributing Author’s posts and limit Site or platform access to Member Providers.

4. Content

In these Terms and Conditions, the following defined terms are used to refer to different types of content available on or submitted to the Site:

“Contributing Author Content” refers to the content that Contributing Authors write, submit, upload or share through the Site, including information within their posts, about their experience or areas of expertise, images they upload, and their public profile details. This content reflects their personal insights, research, and professional or field-specific perspectives, and is intended to support and inform Site visitors on various topics relating to mental health. The Contributing Author Content remains with the Contributing Authors. The Site is protected pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512, which applies to all content, including images and any materials contributed or uploaded by the Contributing Authors (see also Section 7. Copyright Infringement).
“Third-Party Content” refers to content provided by entities other than Cognaid, Users, Contributing Authors, or Member Providers which may be available on the Site.
“User Content” includes content that users submit or transmit to or through the Site including completion of tests and test result aggregates.
“Cognaid Content” means all forms of content created or provided by Cognaid, including articles, posts, multi-media content, text, tests, images, graphics, photos, audio, video, location data, information, guidance, and other types of materials.
“Member Provider Content” refers to all content generated by Member Providers who maintain a subscription with Cognaid in good standing, and it includes test results, test aggregates, test studies, industry developments and the like. This content is only available to other Member Providers. Patient information is private and it is not shared with anybody outside the Member Providers’ network.

For the purposes of these Terms and Conditions, Contributing Author Content, Third-Party Content, User Content, Member Provider Content, and Cognaid Content are collectively referred to as “Content.”

5. Contributing Author Content

Contributing Authors are subject to the following terms regarding Contributing Author Content:

Cognaid encourages Contributing Authors to participate in the Site who possess the necessary qualifications to practice in their fields, or have significant academic, professional, journalistic or relevant lived experience. We also welcome authors with published works in psychology, mental health and wellness. Our goal is to ensure that the Contributing Author Content reflects a high standard of expertise, supporting an informed and diverse perspective on mental health related topics.

As Contributing Authors, you represent and warrant that your Contributing Author Content will always be accurate and up-to-date. You acknowledge Cognaid does not control the actions of Users and disclaims any warranties or liability related to User actions, including but not limited to negative feedback. You agree not to hold Cognaid responsible for any such actions or inactions by Users.

In providing the Site, Cognaid may (i) update your profile with information obtained in consultation with you, (ii) contact you via phone, email, text, or other communication methods, and (iii) take necessary steps to ensure the completeness and currency of Contributing Author Content.

You agree not to imply that your Contributing Author Content is sponsored or endorsed by Cognaid. Contributing Author Content must not be unlawful, nor should it promote or encourage illegal activities. You understand and agree that Cognaid may review and, if necessary, remove any Contributing Author Content that, in its sole discretion, violates these Terms and Conditions or that might be deemed offensive, unlawful, or harmful to others.

As part of the Site, Cognaid reserves the right to publish information by or about a Contributing Author. Cognaid also reserves the right to remove Contributing Author Content for any reason, though it is not obligated to do so, nor liable for any delay in removing such content.

Contributing Author Content is intended for general informational purposes only. It is both self-reported by the Contributing Author and/or gathered from verified third-party sources, with periodic confirmation by the Contributing Author. Such information may change over time and could become outdated or inaccurate. Cognaid is not involved in, nor responsible for, any services provided by the Contributing Authors.

6. Member Provider Content

“Member Providers” are licensed mental health professionals who access the Cognaid platform through a trial or paid subscription to administer the PHNTM (Pontón-Hoover Number Test Memory) or other assessments as may be offered in the future. By using the platform as a Member Provider, you agree to the following terms related to content you generate or access.

6.1 Content Ownership and Use

All data, reports, test results, observations, notes, patient metrics, and any other outputs (“Member Provider Content”) generated or uploaded through the use of Cognaid’s tools are the intellectual property of the originating Member Provider. Cognaid does not claim ownership of these contents. However, by using the platform, you grant Cognaid a limited, non-exclusive, revocable license to store, encrypt, and process such content solely for the purposes of platform functionality, secure data storage, reporting generation, system analytics, and aggregate studies.

6.2 Confidentiality and Patient Data

Member Provider Content may include sensitive patient information. It is your responsibility to ensure that:

Assessments are administered only to individuals for whom you have obtained appropriate legal and clinical consent.
All results are interpreted and communicated in accordance with professional and ethical guidelines applicable to your clinical license and local jurisdiction.
No patient-identifying information is uploaded or stored unless your subscription tier explicitly includes HIPAA-compliant data vaulting and you are in compliance with relevant privacy laws.

Cognaid will never share, sell, or use patient-specific data for any purpose other than what is explicitly outlined in this agreement or required by law.

6.3 Test Use and Distribution

You may not sublicense, resell, or distribute PHNTM or any other assessments to third parties who are not your patients. Each use of the test requires the assignment by your provider in their portal account. Access is non-transferable and may not be shared across organizations or providers unless otherwise permitted in writing by Cognaid.

6.4 Content Visibility and Sharing

By default, Member Provider Content is only visible to the individual provider and their authorized administrative staff. Cognaid does not access this content except:

For the purpose of troubleshooting technical issues upon your request.
To comply with legal obligations, including subpoenas or court orders.
For anonymized, aggregate analysis that excludes any personally identifiable information (PII), used solely for platform improvement and research purposes.

You may optionally opt in to participate in data-sharing studies or pilot programs conducted by Cognaid or its academic partners. Any such participation will require separate written consent and will comply with all applicable research ethics and data protection standards.

6.5 Termination and Data Portability

Upon termination of your subscription, Cognaid will retain your Member Provider Content for a grace period of thirty (30) days, during which time you may export your data in an industry-standard format. After this period, all content may be securely deleted unless required by applicable law to be retained.

7. Content Standards

These content standards apply to User Content, Contributing Author Content, and Member Provider Content. All such content must fully comply with applicable federal, state, local, and international laws and regulations.

Additionally, without limiting these requirements, Content must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise inappropriate;
Promote sexually explicit or pornographic content, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
Infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of any individual or entity;
Violate the rights of others, including rights of privacy and publicity, or include any material that could lead to civil or criminal liability under applicable laws or conflict with these Terms or our Privacy Policy;
Intend to mislead or deceive any person;
Promote or encourage illegal activity, or advocate or assist in any unlawful conduct;
Cause unnecessary distress, embarrassment, or alarm or be likely to inconvenience or upset any other person;
Impersonate any individual or misrepresent your identity or affiliation with any person or organization;
Include unauthorized commercial activities, such as contests, sweepstakes, advertising, or bartering;
Create the impression of endorsement or origin by Cognaid or any other person or organization if such endorsement or origin is not accurate.

These standards are set to ensure that all content on the Site remains respectful, accurate, and in alignment with the values of our community. The copyright of content uploaded by Contributing Authors remains with them. The Site is protected pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512, which applies to all Contributing Author content, including images and any materials contributed by the Contributing Authors (see below).

8. Copyright Infringement

In compliance with Section 512(c) of the U.S. Copyright Act, Cognaid, Inc. has registered a Designation of Agent to Receive Notification of Claims of Infringement with the U.S. Copyright Office.

Sylvia Ponton
Cognaid
2 N. Lake Avenue, Suite 800
Pasadena, CA 91101
Phone: 800-314-2723
Email: sponton @ cognaid.com

We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit the following information to our Copyright Agent as required by the Digital Millennium Copyright Act, 17 U.S.C. §512:

9. Your Responsibilities

Here is you bill of responsibilities while using the Site.

9.1. General Conduct

The Site is provided solely for personal use as described in these Terms and Conditions, and any other use is strictly prohibited. By using the Site, you agree not to (and not to allow any third party to):

Utilize any manual or automated software, scripts, robots, or other methods to “scrape,” “crawl,” or otherwise access web pages, database records, or any other aspect of the Site or Cognaid Content;
Use the Site for any commercial purpose not expressly permitted by these Terms and Conditions;
Take any action that, in Cognaid’s sole determination, imposes or may impose an unreasonable or disproportionately large load on the Site or Cognaid’s infrastructure;
Interfere with or disrupt the Site, including but not limited to using viruses, Trojan horses, harmful code, denial-of-service attacks, packet spoofing, or other disruptive techniques or technologies;
Systematically retrieve data or other content from our Site to create or compile, directly or indirectly, a collection, compilation, or directory, using bots, crawlers, spiders, or other means, without express permission;
Attempt to probe, scan, or test the vulnerability of any Cognaid system or network or breach any security or authentication protocols;
Use the Site to transmit, distribute, or post any information about other persons or entities without their consent;
Copy, store, or otherwise access any information on the Site for purposes not explicitly permitted by these Terms;
Use any portion of the Site or Cognaid Content to create or provide any service or product to a third party, or incorporate any part of Cognaid Content into a third-party product or service;
Attempt to decipher, decompile, disassemble, or reverse-engineer any software used in the operation of the Site;
Modify any Site or Cognaid Content or create derivative works based on them;
Register a Contributing Author profile on behalf of someone other than yourself without their active consent;
Use the Site or Cognaid Content for any illegal or unauthorized purpose;
Distribute or disclose information regarding the performance of the Site or Cognaid Content or use the Site or Content for competitive analysis or benchmarking purposes;

Encourage or enable any third party to engage in any of the prohibited activities described above.

Please be thoughtful and responsible when providing Content to the Site.

Cognaid reserves the right to investigate and enforce penalties for any violations to the fullest extent of the law. Cognaid may access, preserve, and disclose your information if required by law, or if Cognaid believes, in good faith, that it is reasonably necessary to: (i) respond to legal claims or processes, such as subpoenas or warrants; (ii) enforce or administer agreements with users, such as these Terms; (iii) support fraud prevention, risk assessment, investigation, customer support, product development, or debugging efforts; or (iv) protect the rights, property, or safety of Cognaid, its users, Contributing Authors, Member Providers, or the public.

You acknowledge that Cognaid has no obligation to monitor your access to or use of the Site. However, Cognaid reserves the right to do so to operate and improve the Site (including fraud prevention, risk assessment, investigation, and customer support), to ensure compliance with these Terms and Conditions, to meet legal requirements, or to address content that Cognaid deems objectionable in accordance with these Terms and Conditions.

9.2 Contributing Author Content Creator Responsibilities and Rules

9.2.1 Posting Rules.

i) Materials you post to the Site may not contain: (1) URLs or links to web sites that compete with the Site; (2) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (3) trade secrets (unless you own them or have the owner’s permission to post them); (4) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (5) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (6) anything that is embarrassing or offensive to another person, group or entity.

ii) You may not use your Materials to: (1) impersonate another person, living or dead; (2) post false, inaccurate or misleading information; (3) imply specific endorsement by us; (4) except as provided in your personal profiles of your own services, post advertisements or solicitations of business (including, but not limited to, franchises, “club memberships,” distributorships, or anything requiring a monetary investment, including a request for payment to obtain job listings); (5) post chain letters or pyramid schemes; or (6) post opinions or notices, commercial or otherwise.

iii) Materials that encourage our Users to “email for more details” are not permitted. Materials from any third party charging a fee are not permitted.

iv) We are under no obligation to monitor the materials posted on the Site by Users, but we may monitor materials at random. Any materials we find in our discretion to violate these Terms of Use may be removed. If we are notified by a User that any User materials on the Site violate these rules, we may investigate and determine in good faith whether we agree with such allegations, in which case we may remove or request the removal of User materials. We are not required to make any such investigation or to remove any User materials, and we will not be liable to any User for taking or not taking such actions.

9.2.2 Registration Rules.

i) To post certain materials to the Site such as articles, posts, images or multi-media, you will be invited to register an account with us. We will request information from you, including your name and email, for your registration. You must provide us with true and accurate registration information. We will not share your registration information with third parties except with your permission as provided in the Site Privacy Policy.

ii) We will assign a username and password to you. You may not share your account, user name or password with anyone else, and you will be responsible for the actions of anyone who obtains your username and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your username and password.

iii) We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.

10. Royalty

Contributing Authors and Member Providers do not receive any royalties for their Contributing Author Content published on our platform.

11. Content Contributor Terms

By registering as a Contributing Author or Member Provider with Cognaid, you agree to the specific terms of your writing relationship outlined in the secure area of the author publishing platform, if available. The period of the Contributing Author relationship with us is open-ended, with no specified end date. The period of the Member Provider will end when the free or paid subscriptions expire.

11.1. Cancellation Policy

If you would like to deactivate your account, please contact Cognaid.

We will confirm by email that your cancellation request has been processed and that your profile has been de-published from the Site. We will continue to publish your posts unless you request otherwise.

11.2. Contact for Account Management

If you have questions regarding your Contributing Author or Member Provider account or need assistance with sending payment, please log in to your account and go to the Help section. There, you’ll find options to call or email us.

12. Trademarks

The “Cognaid” name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cognaid, Inc. or its affiliates or licensors. You may not use these marks without prior written permission from Cognaid. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

13. License

By making any Content available on or through the Site, you grant Cognaid a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify (solely for formatting), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit such Content via the Site, including for commercial, advertising, and promotional purposes related to the Site. This license is granted solely for purposes of operating, marketing, and promoting the Site in a manner consistent with retaining your copyright ownership of the Content.

13.1 Specific Uses of Licensed Content

In addition to the general licensing rights granted above, you agree that Cognaid may utilize Content in the following ways:

Advertising and Marketing: We may use Content, including anonymized feedback or testimonials, for marketing materials and advertising campaigns across various platforms, such as social media, email, and print.
Content Sharing and Partnerships: Content may be shared with select partners and service providers for the purpose of enhancing and promoting the Site. For example, anonymized data may be shared with partners to provide insights into user preferences and behaviors.
Revenue Generation and Aggregated Data Insights: Cognaid may derive revenue from aggregated, non-personally identifiable data derived from Content. This aggregated data may be used for research, analytics, and industry insights without containing any personally identifiable information (PII). We do not directly sell or share PII without explicit user consent.
Research and Product Development: Content and data may be anonymized and aggregated to support research and the development of new features that enhance user experience on the platform.

13.2 Limited License for User Access and Viewing

Subject to your compliance with these Terms, Cognaid grants you a personal, revocable, limited, non-exclusive, non-transferable license to: (i) access and view any Content solely for your personal and non-commercial purposes while using the Site; (ii) access and view Contributing Author Content as permitted, solely for personal and non-commercial use; and (iii) access and use the Site through a standard web browser to receive information and communicate with Contributing Authors, as allowed herein. You may not sublicense any rights granted to you in this section.

13.3 Restrictions on Use of Content

You agree not to use, copy, adapt, modify, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content or any portion thereof, except as expressly authorized in these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights held by Cognaid or its Content providers, except for those expressly granted in these Terms.

13.4 Updates and Modifications to Content

Content may be updated or modified by Cognaid at its sole discretion and without notice.

13.5 Termination of Rights for Unauthorized Use

If you print, copy, modify, download, or provide any other person access to any part of the Site in violation of the Terms, your right to use the Site will terminate immediately, and you must, at our discretion, return or destroy any copies of materials you have made. No right, title, or interest in or to the Site or any Site Content is transferred to you, and all rights not expressly granted are reserved by Cognaid. Any unauthorized use of the Site is a violation of these Terms and Conditions and may infringe copyright, trademark, and other laws.

14. Third Party Links and Services

14.1 Links to Other Websites

The Site may include links to external websites or resources, including those listed by Contributing Authors. You acknowledge and agree that Cognaid is not responsible for: (i) the availability or accuracy of these external sites or resources; or (ii) any content, products, or services found on or accessible through such sites or resources. Links to these external sites or resources do not imply any endorsement by Cognaid of the content, products, or Site they offer. You assume sole responsibility for, and accept all risks associated with, your use of any external websites or resources and the content, products, or Site available through them.

14.2 Third Party Software

Certain elements of the Site provided by Cognaid may include software from third parties, including open-source software. Your use of this third-party software is subject to any applicable additional terms and conditions set forth by the third-party provider. Cognaid may provide additional notices regarding such software, which may include attribution and disclaimers specific to the third-party software.

15. Termination

Cognaid may suspend or terminate your access to any part of the Site, or terminate these Terms and Conditions immediately, without prior notice, in its sole discretion. This includes, but is not limited to, suspending access if Cognaid believes you are violating any portion of these Terms and Conditions. Following termination or suspension, you may or may not be granted permission to re-establish an account. You agree that Cognaid will not be liable to you for terminating your account or access to the Site or for any resulting consequences of such termination. Please be aware that Cognaid is not obligated to delete or return any Content you have shared on the platform after cancellation.

16. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, COGNAID WILL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES, NOR FOR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) ANY USE OF THE SITE, (C) ANY FAILURE OR DELAY IN PROVIDING OR ACCESSING ANY PART OF THE SITE, (D) THE CONDUCT OF ANY PROFESSIONAL OR CONTENT AUTHOR OR MEMBER PROVIDER, OR (E) TERMINATION OF YOUR ACCESS TO THE SITE. COGNAID DOES NOT ACT AS AN AGENT OR REPRESENTATIVE OF ANY PROFESSIONAL OR CONTENT AUTHOR LISTED ON THE PLATFORM.

Certain jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, meaning some of the limitations above may not apply to you. If you are dissatisfied with any part of the Site or these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.

In no event shall our cumulative liability to you for all claims relating to or arising from the Site exceed $100.

All parties agree that the limitations and exclusions in this “Limitation of Liability” section, along with the “Disclaimer of Warranties” section below, are critical elements of these Terms and reflect a reasonable allocation of risk. You further agree that Cognaid would not be able to provide the Site without these limitations, which shall apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.

17. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND. COGNAID EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. COGNAID MAKES NO GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT PROVIDED OR RECEIVED THROUGH THE SITE. COGNAID WILL NOT BE LIABLE FOR DELAYS OR INTERRUPTIONS IN COMMUNICATION, SERVICE FAILURES, OR OTHER ISSUES ARISING FROM INTERNET OR COMMUNICATION FAILURES BEYOND OUR CONTROL. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COGNAID OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

The above disclaimers apply to the maximum extent allowed by law. You may have additional statutory rights; however, the duration of any such warranties, if applicable, will be limited to the maximum extent allowed by law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Cognaid and its affiliates, subsidiaries, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, that arise from (a) your access to or use of the Site, (b) your violation of these Terms, (c) your Content, and (d) your interaction with or use of Site provided by a Contributing Author or Member Provider, including any injuries, losses, or damages of any kind resulting from those Site.

19. Release

By using the Site, you agree to release, discharge, and hold Cognaid and its affiliates harmless from any and all claims, damages, losses, or injury (including death) arising from or related to the Site or any disputes with other Users or Contributing Authors or Member Providers on the platform.

20. Governing Law

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of California as applied to contracts made and to be performed entirely within California, without giving effect to the state’s conflicts of law statute. This Agreement and all documents referenced herein were drafted in the English language and any translations thereof shall not be binding on either party to the extent they conflict with the English versions.

21. Limitation on Time to File Claims

To the extent allowed by applicable law, you agree to bring any claim or action relating to your use of the Site within one (1) year from the date on which the claim or action arose. Claims not filed within this timeframe will be permanently barred.

22. Binding Arbitration Agreement and Class Waiver Disclosure

Agreement to Arbitration; Class Waiver: You and Cognaid agree that, except as outlined below regarding small claims court, any dispute, claim, or controversy arising from or relating in any way to the Site or Content—including, but not limited to, our Privacy Policy and/or our general privacy practices, these Terms, and this agreement (the ‘Arbitration Agreement’)—will be settled by binding arbitration. Arbitration is a more informal process than going to court; it involves a neutral arbitrator rather than a judge or jury, allows for limited discovery, and is subject to restricted court review.

By agreeing to these Terms and Conditions, you accept that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement and that both you and Cognaid waive the right to a jury trial or participation in a class action. This arbitration clause shall survive any termination of these Terms.

Pre-Filing Mediation: In the case of a dispute, before arbitration begins, the claimant must send a written Notice of Claim (“Notice”) to the other party by overnight courier. If you are the claimant, send the Notice to us at info @ cognaid.com. This Notice must include: (a) a description of the dispute and its basis; and (b) the specific relief sought. Both parties agree to engage in good-faith negotiations over the claim. If the dispute is unresolved within sixty (60) days of the Notice, the claimant may proceed with arbitration or file a claim in small claims court as appropriate.

Additional Arbitration Provisions:

(a) Settlement Offers: During arbitration, the amount of any settlement offer made by either party will not be disclosed to the arbitrator.

(b) Initiating a Claim: The required form to initiate arbitration can be downloaded from the American Arbitration Association (AAA) website at www.adr.org. Alternatively, you may contact the AAA by calling 1-800-778-7879 or writing to American Arbitration Association, 120 Broadway, 21st Floor, New York, NY 10271.

(c) Fees for Initiating Arbitration: If you are required to pay a filing fee to start arbitration, Cognaid will promptly reimburse you upon receiving notice of the arbitration initiation, provided your claim is not greater than $10,000 USD.

(d) Applicable Rules; Administrator: The arbitration process will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”), as modified by these Terms, and administered by the AAA. The AAA Rules and forms are available at www.adr.org, by calling 1-800-778-7879, or by writing to the American Arbitration Association at the above address. The arbitrator must follow these Terms, including resolving issues related to the scope and enforceability of this Arbitration Agreement.

(e) Location of Hearing: Unless otherwise agreed, arbitration hearings will occur in Pasadena, CA. For claims of $10,000 USD or less, you may opt to have the arbitration conducted solely via submitted documents, a telephonic hearing, or an in-person hearing based on AAA Rules. For claims over $10,000, the AAA Rules will determine whether a hearing is necessary. In all cases, the arbitrator shall issue a written decision with essential findings and conclusions.

(f) Class Waiver: YOU AND COGNAID AGREE THAT CLAIMS AGAINST EACH OTHER WILL ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator cannot consolidate claims from multiple parties or preside over any form of representative or class proceedings. If this provision is deemed unenforceable for any individual claim, the entire arbitration clause becomes void.

(g) Injunctive Relief Limitation: The arbitrator may only award declaratory or injunctive relief to the individual party involved, limited to the relief warranted by that party’s specific claim.

(h) Small Claims Procedure Alternative: Either party may bring an individual action in small claims court, provided the claim qualifies for such a program, as an alternative to arbitration.

Opt-Out Provision: You have the right to opt-out of this Arbitration Agreement within thirty (30) days of first using the Service (or, for existing Users, within thirty (30) days from the posting date of this Agreement on the Site). To do so, submit a signed written opt-out notice with sufficient identifying details to info @ cognaid.com. If thirty (30) days have passed, you are no longer eligible to opt-out and must resolve any disputes through binding arbitration as outlined in these Terms.

23. Entire Agreement

These Terms and Conditions, along with our Privacy Policy, and specific terms of your author relationship, if any, outlined in the secure area of the author publishing platform, collectively form the entire and exclusive agreement between Cognaid and you concerning the Site. Together, these policies and agreements supersede and replace any previous oral or written understandings or agreements between Cognaid and you regarding the Site.

24. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations listed above, the invalid or unenforceable part will be replaced by a valid provision that closely reflects the original intent, and the remainder of the Terms will continue in effect.

25. Waiver

If Cognaid does not enforce any right or provision of these Terms and Conditions, it does not waive Cognaid’s right to enforce that provision in the future. Waivers of any right or provision will be effective only if in writing and signed by an authorized representative of Cognaid. Except as specified in these Terms and Conditions, each party’s exercise of any remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.

26. Miscellaneous

26.1 Electronic Communications

All information exchanged as part of the Site is considered an electronic communication. By communicating with us through the Site or other electronic methods, like email, you agree that we may communicate with you electronically, and that all such communications—such as notices, disclosures, agreements, and other messages—have the same effect as if they were provided in writing and signed by the sending party. Additionally, by clicking buttons labeled “SUBMIT,” “CONTINUE,” “REGISTER,” “I AGREE TO THE PRIVACY POLICY AND TERMS,” or similar, you are submitting a legally binding electronic signature and entering into a binding contract. You agree that your electronic submissions represent your consent and intent to be bound by these Terms and Conditions, and you authorize the use of electronic signatures, contracts, orders, and other records as well as the electronic delivery of notices, policies, and transaction records completed through the Site.

26.2 Amendment

We may change these Terms and Conditions of use, including the Site Privacy Policy, at any time. We will post notification of changes on the Site. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.

26.3 Headings

Section headings within this Agreement are provided for convenience only and do not form a part of the Agreement. These headings do not influence, define, modify, interpret, or construe the meaning, scope, or intent of this Agreement or any specific terms and conditions.

26.4 Eligibility

To create an account or use the Site independently, you must be at least 18 years old or the legal age to form a binding contract in your jurisdiction if that age is higher. Individuals under the age of 13 are not permitted to use the Site. If you are between the ages of 13 and 18, or the applicable legal age in your jurisdiction, you may only use the Site under the supervision of a parent or legal guardian who agrees to these Terms and Conditions. By using the Site on behalf of a minor, you confirm that you are the parent or legal guardian of the minor or have the authority to agree to these Terms and Conditions on behalf of the minor, and all references to “you” in these Terms and Conditions shall apply to the minor or individual under your authorization, as well as to you in your role as the responsible adult.

If you do not meet these eligibility requirements, you are not permitted to use the Site. Access to the Site is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. By accessing and using the Site, you represent and warrant that you have the right, authority, and capacity to agree to these Terms and Conditions. Users are solely responsible for ensuring compliance with local, state, national or federal laws that apply to their use of the Site

26.5. Your Comments and Concerns

This Site is operated by Cognaid or its third-party technology providers. For questions regarding these Terms and Conditions or to report a concern about the Site, a User, a Contributing Author, or a Member provider listed on our Site, please reach out to us at info @ cognaid.com.

This Terms and Conditions of use agreement applies exclusively to the Cognaid articles, posts, explainers, tests, self-tests and content provided by Cognaid, Inc. The link that brought you here was on a page provided by Cognaid, Inc.