Cognitive Enhancements Solutions - Learning Programs for Children

Terms of Service

ACCEPTANCE OF TERMS

Cognitive Enhancement Solutions, Inc. (sometimes referred to herein as “Enhancement Solutions”), and its related goods and services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Cognitive Enhancement Solutions, Inc. site, including placing orders to purchase products from Enhancement Solutions, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Cognitive Enhancement Solutions, Inc. site may also be subject to additional terms as set forth in such section (“Additional Terms”).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Cognitive Enhancement Solutions, Inc. site, or with any terms included with any product purchased from Enhancement Solutions, then these terms shall control.

SITE LICENSE AND ACCESS

Enhancement Solutions grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of Enhancement Solutions. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Enhancement Solutions and/or its affiliates without express written consent of Enhancement Solutions. You may not use any meta-tags or any other “hidden text” utilizing Enhancement Solution’s name or trademarks without the express written consent of Enhancement Solutions. Any unauthorized use terminates the permission or license granted by Enhancement Solutions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Cognitive Enhancement Solutions, Inc. site, you will not use the Cognitive Enhancement Solutions, Inc.’s materials and website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cognitive Enhancement Solutions, Inc. site in any manner that could damage, disable, overburden, or impair the Cognitive Enhancement Solutions, Inc. site, (or the network(s) connected to the Cognitive Enhancement Solutions, Inc. site) or interfere with any other party’s use and enjoyment of the Cognitive Enhancement Solutions, Inc., site. You may not attempt to gain unauthorized access to the Cognitive Enhancement Solutions, Inc. site, other accounts, computer systems or networks connected to the Cognitive Enhancement Solutions, Inc. site through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Cognitive Enhancement Solutions, Inc. site.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Cognitive Enhancement Solutions, Inc. site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Cognitive Enhancement Solutions, Inc. or its site.

MODIFICATION OF THESE TERMS OF USE

Enhancement Solutions reserves the right to change the terms, conditions, and notices concerning use of the Cognitive Enhancement Solutions, Inc. site without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Cognitive Enhancement Solutions, Inc. site. Your continued use of the Cognitive Enhancement Solutions, Inc. site constitutes your agreement to all such terms, conditions, and notices.

TERMINATION/ACCESS RESTRICTION

Enhancement Solutions reserves the right, in its sole discretion, to terminate or limit your access to any or all off the Cognitive Enhancement Solutions, Inc. site, or any portion thereof at any time, without notice.

You must be at least 18 years of age to transact any business with Enhancement Solutions or to submit any Personal Information to Enhancement Solutions. As such, if you transact or attempt to transact any business with Enhancement Solutions or submit or attempt to submit any Personal Information to Enhancement Solutions, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE COGNITIVE ENHANCEMENT SOLUTIONS, INC. SITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the Cognitive Enhancement Solutions, Inc. site.

MATERIALS PROVIDED TO ENHANCEMENT SOLUTIONS

If you submit any feedback, suggestions, posts or other communications (each a “Submission” and collectively “Submissions”) to the Cognitive Enhancement Solutions, Inc. site, or to Enhancement Solutions, you are granting Enhancement Solutions, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Enhancement Solutions is under no obligation to post or use any Submission you may provide and Enhancement Solutions may remove any Submission at any time in its sole discretion.

TRADEMARKS

All trademarks and trade dress that appear on the Cognitive Enhancement Solutions, Inc. site, (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of Enhancement Solutions (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.

The Trademarks are valuable assets of Enhancement Solutions and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Enhancement Solutions and, as such, may only be used by Enhancement Solutions or other authorized persons or entities for the benefit of Enhancement Solutions and only in connection with the products and services authorized by Enhancement Solutions. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Enhancement Solutions, its affiliates, subsidiaries or parent companies is strictly prohibited.

You may not use any of the Trademarks in any manner without the prior written consent of Enhancement Solutions. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

COPYRIGHT

All content that is made available to view and/or download or purchase in connection with the Cognitive Enhancement Solutions, Inc. site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, texts (“Content”) and software, is owned by and is the copyrighted work of Enhancement Solutions and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Cognitive Enhancement Solutions, Inc. site, is the exclusive property of Enhancement Solutions and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Enhancement Solutions and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.

Send notifications to:

THE FERNANDES LAW FIRM
500 W. Silver Spring Dr.
Suite K-200
Milwaukee WI
USA 53217

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Certain customers and partners of Enhancement Solutions may receive a password from Enhancement Solutions to access certain information on the Cognitive Enhancement Solutions, Inc. site. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Enhancement Solutions immediately of any unauthorized use of your account or any other breach of security. Enhancement Solutions will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Enhancement Solutions or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder and Enhancement Solutions.

LINKS TO THIRD PARTY SITES

Cognitive Enhancement Solutions, Inc. site, may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Enhancement Solutions and Enhancement Solutions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Enhancement Solutions is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Enhancement Solutions responsible if the Linked Site is not working appropriately. Enhancement Solutions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Enhancement Solutions of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings by you with third parties (including advertisers) included within the Cognitive Enhancement Solutions, Inc. site, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Enhancement Solutions shall not be responsible or liable for any part of any such dealings or promotions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE COGNITIVE ENHANCEMENT SOLUTIONS, INC. SITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE COGNITIVE ENHANCEMENT SOLUTIONS, INC. SITE AND MATERIALS, AND TO THE INFORMATION THEREIN. ENHANCEMENT SOLUTIONS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COGNITIVE ENHANCEMENT SOLUTIONS, INC. SITE OR MATERIALS, AT ANY TIME.

ENHANCEMENT SOLUTIONS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE COGNITIVE ENHANCEMENT SOLUTIONS, INC. SITE, FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ENHANCEMENT SOLUTIONS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT ENHANCEMENT SOLUTIONS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE COGNITIVE ENHANCEMENT SOLUTIONS, INC. SITE. YOU SPECIFICALLY AGREE THAT ENHANCEMENT SOLUTIONS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ENHANCEMENT SOLUTIONS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE COGNITIVE ENHANCEMENT SOLUTIONS, INC. SITE, BY ANY THIRD PARTY.

INDEMNIFICATION

You agree to indemnify and hold Enhancement Solutions, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Cognitive Enhancement Solutions, Inc. site, and/or any information (text or graphical), software, or Products obtained through the Cognitive Enhancement Solutions, Inc. site, and/or from Enhancement Solutions.

APPLICABLE LAW

All disputes against Enhancement Solutions, including but not limited to disputes as to this Terms of Use; the site license; the Products, site access restriction and/or termination; Enhancement Solution’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Wisconsin, U.S.A. and shall be submitted to a state or federal court in the State of Wisconsin, and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the Cognitive Enhancement Solutions, Inc. site, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Enhancement Solutions with respect to the Cognitive Enhancement Solutions, Inc. site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Enhancement Solutions with respect to the Cognitive Enhancement Solutions, Inc. site.

ELECTRONIC RECORDS AND COMMUNICATIONS

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GENERAL TERMS AND CONDITIONS OF SALES

All goods and services (“Products”) supplied by Enhancement Solutions are supplied to the Customer on these terms and conditions.

No order shall be binding on Enhancement Solutions until accepted by Enhancement Solutions. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Enhancement Solutions of an order from the Customer. Enhancement Solutions reserves the right to accept any order in whole or in part. Where Enhancement Solutions makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Enhancement Solutions.

All credit orders (if any) are accepted by Enhancement Solutions subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required before delivery. Where credit has been granted, payment for the Products is to be made on or before 30 days from the date of invoice. Payment must be made in full without set off or deduction. Enhancement Solutions will investigate any disputed amounts, and if resolved in favor of the Customer, a credit will be issued to the Customer.

Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Enhancement Solutions. Risk of loss in the Products will pass on delivery to the Customer.

RETURNS

Please cross check all products against your original order and our packing list before opening, marking or using them. Any Products that are damaged, defective and delivered which are not otherwise in accordance with the Customer’s order may be returned to Enhancement Solutions within 7 days of delivery at no cost to the Customer. The Customer may otherwise return Products to Enhancement Solutions and obtain a credit:

a) provided that the customer does so within 7 days of delivery; and

b) provided that the Products are being returned for physical damages only, NO RETURNS SHALL BE ACCEPTED DUE TO YOUR DISSATISFACTION WITH THE PRODUCTS CONTENT.

USE OF PRODUCT

The Customer agrees that it is the Customer’s responsibility to use any Products in accordance with Enhancement Solution’s applicable guidelines. Because each child is different and living environments vary greatly, Enhancement Solutions does not and cannot guaranty that the Products purchased will increase any particular child’s abilities as stated herein or on the Site. The Products provided by Enhancement Solutions have been successfully used in the past on certain children, but past performance is no guaranty of future results with respect to any particular child even though research generally indicates improvements as described. Do not expect immediate results, typically, the system needs to be followed for 15-20 hours in order to see any progress.

The Customer’s purchase of the Products does not grant the Customer a right to reproduce additional copies of materials or content or enter any content into a computer or digital medium. No adaptations, translations, modifications, or special versions may be made without permission in writing from Enhancement Solutions.