Welcome to CogSports.com. The Center for Cognitive Sports Performance, LLC and/or its affiliates ("CogSports") provide website features and other products and services to you when you visit CogSports.com, use CogSports products or services, use CogSports applications for mobile, or use software provided by CogSports in connection with any of the foregoing (collectively, "CogSports Services"). CogSports provides the CogSports Services subject to the following conditions.
When you use any CogSports Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other CogSports Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any CogSports Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of CogSports and protected by United States copyright laws. The compilation of all content included in or made available through any CogSports Service is the exclusive property of CogSports and protected by U.S. copyright laws.
CogSports's trademarks may not be used in connection with any product or service that is not CogSports', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CogSports. All other trademarks not owned by CogSports that appear in any CogSports Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CogSports.
LICENSE AND ACCESS:
If you use any CogSports Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CogSports.com and CogSports Services are intended for use by people who are 13 years of age or older. Persons under the age of 13 are prohibited from creating CogSports accounts. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with them. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one CogSports account.
We may, in our sole discretion, refuse to offer the CogSports Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the CogSports Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
If you are under the age of 18, you may only purchase a product or service that requires payment with involvement of a parent or guardian. CogSports reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Disclaimer of warranties and limitation of liability the COGSPORTS services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the COGSPORTS services are provided by COGSPORTS on an "as is" and "as available" basis, unless otherwise specified in writing.
Cogsports makes no representations or warranties of any kind, express or implied, as to the operation of the COGSPORTS services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the COGSPORTS services, unless otherwise specified in writing.
You expressly agree that your use of the COGSPORTS services is at your sole risk to the full extent permissible by applicable law.
COGSPORTS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
COGSPORTS does not warrant that the COGSPORTS services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the COGSPORTS services.
Cogsports' servers or electronic communications sent from COGSPORTS are free of viruses or other harmful components.
COGSPORTS will not be liable for any damages of any kind arising from the use of any COGSPORTS service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any COGSPORTS service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Any dispute or controversy arising out of or in connection with this agreement shall be determined and settled by arbitration, in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Portland, Maine, or at any other location that is agreed upon by both parties. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY:
The Center for Cognitive Sports Performance, LLC
59 Middle Street
Portland, ME 04101