These terms of use are entered into by and between you and Cognitir LLC ("Cognitir"). The following terms and conditions, together with any other documents they expressly incorporate by reference (collectively, the “Terms”) govern your access to and use of this website, www.cognitir.com, (the "Site"), including content, functionality, information and services offered or provided on or through the Site.
Before using the Site, please carefully read the Terms, because, by using the Site, you agree to be bound by the Terms. If you do not agree to the Terms, you must not use the Site. Cognitir reserves the right, in its sole discretion, to modify the Terms at any time. Any modifications will be effective immediately upon posting on the Site. If you continue to use the Site after we post modified Terms, this indicates you agree to the modified Terms.
Cognitir reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of the Site (or any part thereof). Cognitir shall not be liable to any user or other third party for any such modification, suspension or discontinuance of the Site or its services, except as expressly provided in these Terms.
If you have questions regarding these Terms please contact Cognitir at info@cognitir.com.
Individual places on a variety of our courses can be booked through our Site. We currently use a third-party event management platform. Our third-party event management platform accepts payments through methods outlined in the provided order form when you make a booking for a course. You will be required to fill out some registration information and will be required to submit your payment details in order to confirm your place on the course.
Once you have clicked to confirm the booking and payment for the course has been successful we will send you a confirmation email to confirm your place on the course at which point a binding contract between you and us will have been formed. After that time you may only cancel or re-schedule courses in accordance with our cancellation policy set out in the below Course Refund Policy section of these Terms.
The prices applicable to our courses will be as advertised on the Site. For applicable customers, unless otherwise shown, advertised prices are stated inclusive of any booking fees charged by the event management platform. Cognitir is not VAT registered; therefore VAT is not paid on your purchases from us.
If we make any pricing errors on our Site we reserve the right to change the price of any courses to the correct price at any time. If you have already booked onto a course we will notify you of the pricing error as soon as possible and you will either be offered the chance to confirm your place on the course at the correct price or you will be offered a full refund.
All materials included in Cognitir’s courses are for your individual use only and are not to be duplicated, copied, disseminated or distributed without the expressed, written permission of Cognitir LLC, to any other individual or entity. You may access and view such materials on your computer or other internet compatible device, and make single copies or prints of such material for your personal, non-commercial use only.
The courses are designed for illustrative purposes only and do not, in any way, constitute business recommendations or personalized business or legal advice. You should not make any business decisions in reliance on any information provided in any Cognitir course without first consulting with your own business, financial and legal advisors.
Courses will take place at the date and time advertised on the Site. If there are any changes to the venue advertised on the Site for the course, you will be notified of the changes via the email you provide us when booking the course.
It is your responsibility to make sure you arrive at the correct venue in plenty of time prior to the commencement of the relevant course. We cannot be held responsible for any failure to arrive at the correct venue at the correct date and time, and you will not be entitled to a refund or be able to book onto a substitute course if you do not show up for your courses.
You will be required to bring your confirmation email and may be asked to provide a form of identification when you attend any courses booked with us. If you wish to change the name of the person who is attending the Course you may do so at any time provided you notify us in writing no later than 5 working days prior to the start of the course. You can email Cognitir at info@cognitir.com.
Failure to notify Cognitir in writing of the change in course participant may result in the attendee being refused entry onto the Course.
You will be required to use your own computer equipment (including computer charger), pencils, pens, notepads, etc. to take part in the course. We will provide you with the relevant course notes and computer files so you can successfully participate in our courses.
Although we will try to avoid making any changes to our advertised courses once we start to take bookings, it may sometimes be necessary to change the time, date, or the venue of a course from time to time, and we reserve the right to do this at any time in our absolute discretion. We will provide reasonable notice to you prior to the course date of any changes to the time, date, or the venue that we need to make. If you are unable to attend any course that you have already booked onto and paid for as a result of any change that we make you will be entitled to a full refund or offered a substitute place on the same course on another date at your election (subject to availability).
We reserve the right to refuse any attendee on any of our courses at any time and for any reason. If you are refused attendance other than for a breach of these Terms you will be refunded any course fees that you have paid to us for the relevant course.
You agree not to solicit or attempt to solicit, whether directly or indirectly the services of any of our employees, consultants, advisors, representatives or other persons involved in providing our courses at any time after placing your booking for a course for up to 24 months after your attendance on that course.
You may only cancel any course booking made through the Site and obtain a full refund if you notify us in writing of your wish to cancel prior to the first to occur of (i) the end of the third 3 business day after booking your place, or (ii) the fifth day prior to the start of the applicable course. This rule is in place because we send our pre-seminar email with course materials in the week before the seminar.
In the case of illness, you may be eligible for a refund until the course begins. In order to obtain a refund, you need to submit a formal physician's note stating the nature of your illness and the physician’s recommendation to you to not attend the course.
To submit a formal cancellation request to Cognitir LLC, please email: info@cognitir.com.
We reserve the right to cancel any course at any time in our absolute discretion, but we will offer a full refund or provide you with an alternative course date at your election if we choose to cancel a course you have already booked onto.
Please carefully review Cognitir's Privacy Policy, which is incorporated into and a part of these Terms.
Cognitir is a world-wide provider of training courses to professionals and students. The Site provides information about Cognitir, its course offerings, and allows individual users to register for open enrollment courses and institutions to contact Cognitir regarding customized programs or live workshops.
By using the Site, you warrant to Cognitir that you will not use the Site, or any of the content on the Site, for any purpose that is unlawful or prohibited by these Terms or by any applicable law. If you violate any of these Terms, your permission to use the Site automatically terminates.
Please report any violations of the Terms to us immediately at info@cognitir.com. We reserve the right to report any unauthorized use of the Site to the appropriate authorities.
In order to use the Site, you may be required to create a user account. By registering with Cognitir, you agree to provide truthful information and give Cognitir permission to retain and store that information, and to use your information in accordance with Cognitir's Privacy Policy. You must be at least 18 years of age in order to use the Site. You are responsible for maintaining the confidentiality of your password, and shall be responsible for all usage of your user account and/or user name, whether authorized or unauthorized by you. You agree to immediately notify Cognitir of any unauthorized use or your user account, user name, or password.
You agree to only use the Site for yourself or another person who has authorized you to share his or her contact information. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current, or incomplete, or if Cognitir has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Cognitir may, in its sole discretion, terminate your account and prevent you from using the Site in the future.
The copyrightable content on the Site is owned by Cognitir. You agree not to copy, distribute, or otherwise use any content other than for personal, noncommercial purposes unless you obtain Cognitir's prior written consent.
Cognitir TM, the Cognitir logo, and other Cognitir trademarks are owned by Cognitir (the "Cognitir Marks"). You may not use Cognitir Marks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use Cognitir Marks in any manner that disparages or discredits us.
All intellectual property rights in the Site and in any content or material published or made available on the Site are owned by Cognitir.
All intellectual property in any materials used by Cognitir during any courses including without limitation any presentations, diagrams, pictures, audio, video, music, books, manuals, reports, data, written questions or exercises, code and any other works, content or materials of any kind whatsoever (“Course Materials”) are owned by Cognitir.
You agree that any ideas, concepts, know how, code, examples, written answers or any other work or materials that you create during or contribute to any courses while participating in them can be used by Cognitir in any of its other courses without any restrictions.
The Site and the products and services offered on or through the Site, including any content and materials on the Site, are only for your personal, noncommercial use. We reserve the right to change or make corrections to any information available on the Site at any time and without prior notice.
We may provide you with links to other websites including download links. We exercise no control whatsoever over these other websites and are not responsible or liable for the content or activities on them. You use any such sites solely at your own risk. Links to such sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
We may provide portable flash drives to distribute important computer files to you. We exercise no control whatsoever over these flash drives and are not responsible or liable for any computer harm that results from using these flash drives. You use the flash drives solely at your own risk. If you do not wish to use Cognitir's flash drives given the above potential risks, please email us prior to the start of your course or during the course, and we can distribute the computer files to you using an alternate means. You can email Cognitir at info@cognitir.com.
Cognitir is not responsible for personal injury, sickness, theft of personal items, among other situations that could occur during Cognitir courses. Also, Cognitir is not responsible for re-teaching you material that is covered during normal course hours that was missed for any reason, including, without limitation, because you showed up late at the start of the course day or because you showed up late after scheduled breaks had ended.
The information on the Site is provided for general instructional or informational purposes only, and no content is intended as business, financial or legal advice for business decision making.
You agree to indemnify (and, if requested, defend) Cognitir and its respective officers, employees, advisors, and agents from all liabilities, damages, losses, or expense (including reasonable attorneys’ fees) an indemnitee may incur based upon any third party claims related to or arising out of your acts or omissions in connection with your use of the Site in any way or your violation of the these Terms.
YOU UNDERSTAND AND AGREE THAT THIS WEB SITE AND ALL SERVICES AND CONTENT AVAILABLE ON OR PURCHASED THROUGH THE WEB SITE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOU USE OR PURCHASE THEM AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR FROM DOWNLOADING COURSE FILES THAT ARE DISTRIBUTED VIA PORTABLE FLASH DRIVES DURING THE COURSES AND/OR FROM FILE SHARING DOWNLOAD LINKS PROVIDED BY COGNITIR. COGNITIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, WARRANTIES THAT ANY PART OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, AND THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, AND CERTAIN STATEMENTS IN THIS DISCLAIMER MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COGNITIR IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF COGNITIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN ADDITION, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COGNITIR AND ITS SUBSIDIARIES AND AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. IN SOME JURISDICTIONS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
These Terms and any dispute arising out of your use of the Site is governed by and construed in accordance with the laws of the State of New Jersey (United States) applicable to contracts made and performed wholly within that State.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Site will be BINDING ARBITRATION administered by the American Arbitration Association. [The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding.]
By using the Site, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) you hereby irrevocably submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Somerset, New Jersey, USA or the federal and state courts within closest proximity to Somerset, New Jersey, USA with respect to any dispute arising under the Terms.
We will provide all our courses with reasonable care and skill. Except as expressly provided in these Terms, the Site and our courses are provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by law, custom, statute or otherwise) in relation to our courses or our Site or any other content, products or services provided through it including without limitation any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy, reliability or non-infringement.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
NotNothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
Nothing in these Terms may be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship or similar relationship of any kind between Cognitir and any user or other person or entity, nor do these Terms extend rights to any third party. The failure of either party to assert any right under these Terms will not be considered a waiver of that party’s right, which will remain in full force and effect. You agree that (regardless of any statute to the contrary) any cause of action arising out your use of this Site must be filed within one year after the cause of action arose or it will be forever barred. These Terms, including the Privacy Policy, constitute the entire agreement and supersede all other agreements (oral or written) between you and Cognitir regarding your use of the Site. If any provision of the Terms is found by a an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign your rights under these Terms without Cognitir's prior written consent; Cognitir may assign these Terms and transfer any of its rights or obligations at any time for any reason (including a transfer of any personal or other information you may have provided to us as part our transfer of assets associated with that information).
Cognitir requires that course participants not use knowledge and skills obtained from Cognitir products and services to perform any illegal activities anywhere in the world. The legality of such activities shall be determined by local law of the place where the action occurs. Cognitir cannot realistically control what participants do with the acquired knowledge and skills from Cognitir products and services; therefore, Cognitir is in no way responsible or liable for the actions of past, present, and future course participants.
Any violation of these Terms of Use may result in penalties for the violators. Such penalties will be determined by Cognitir but can include: no refund for purchases of products and services and complete termination of use of Cognitir products and services including expulsion from courses that the violator is enrolled in. Cognitir reserves the right to take legal action against those who violate these Terms of Use if such violations are deemed to be serious as determined by Cognitir.
Cognitir agrees to fully comply with any legal requirements of court orders or subpoenas that are issued to the company.
If you have questions or concerns about these Terms or the Site, please contact Cognitir at info@cognitir.com.