Terms, Conditions & Privacy Policy
Last Updated: September 21, 2024
1. Introduction: Cogmotion Learning, LLC ("Company," "we," "our") is a Limited Liability Corporation registered in Ohio, USA. The Company operates the cogmotionlearning.com website ("Website") and offers various educational and psychological services for students ("Services").
2. Agreement: These Terms and Conditions create a binding agreement (the "Agreement") between you and the Company. "You," "your," or "User(s)" refers to individuals accessing the Website or Services for personal use or on behalf of another (i.e., on behalf of a minor student). If you represent an entity or person, you are considered an authorized representative of such entity or person, and your acceptance of the Agreement binds such entity or person to its terms.
BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. YOU ALSO EXPRESSLY ACKNOWLEDGE THAT THE CONSENT TO COMMUNICATIONS (SECTION 7) AND THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS (SECTION 13) OF THIS AGREEMENT ARE BINDING ON YOU IF YOU HAVE PROVIDED EXPRESS WRITTEN CONSENT TO THIS AGREEMENT BY SUBMITTING YOUR PHONE NUMBER AND/OR EMAIL ADDRESS ON THE WEBSITE AND BY AFFIRMATIVELY CHECKING THE BOX NEXT TO “I HAVE READ AND AGREE TO COGMOTION LEARNING LLC’S TERMS, CONDITIONS AND PRIVACY POLICY” (“EXPRESS WRITTEN CONSENT.”)
3. Use of Materials: You have a limited, non-commercial license to access and use the Website and other Service materials (e.g., checklists and other “homework” assignments) (collectively, “Content”) for personal and/or educational purposes, subject to complying with this Agreement. All rights not expressly granted are reserved by the Company. Failure to comply with this Agreement may result in revoked access or restricted Content usage. Content is protected by copyright laws and owned or licensed by the Company.
4. Content Usage: Unauthorized copying, distribution, modification, or transmission of materials from the Website is strictly prohibited without prior written consent from Company. Creating derivative works based on the Content is also forbidden. You are not permitted to copy, sell, or redistribute Company's trademarks, logos, or icons, which belong to Company.
5. Modification of Agreement: The Company can change portions of this Agreement without notice to You. Your continued use after changes constitutes acceptance, except for Sections 7 and 13. Company will notify you in writing if any material changes are made to Section 7 or 13 and allow you to expressly consent in writing to such material changes. If you withhold consent, you acknowledge and agree that your access to or use of Company's Website, Services, and/or Content may be limited, in whole or in part, in the sole discretion of Company, without the provision of notice thereof to you.
6. Term and Termination: These terms apply during your use of the Services. The Company can deny access to or terminate your account for any reason, including without limitation breach of its terms or any applicable laws. If terminated, you may not create a new account or use the Website. The Company can terminate the Agreement with ten (10) days' notice to you. Such notice may be provided using electronic or non-electronic form, including without limitation, via a letter sent to the address Company has on file for you; an announcement posting on this Website; an email sent to the email address Company has on file for you; and/or a text message sent to the phone number Company has on file for you. It is your responsibility to ensure Company has your most up-to-date and accurate contact information, including your email address and phone number. Termination of the Agreement doesn't affect Company's legal rights.
7. Consent to Communications
a) Agreement to Receive Email Communications: By using the Website and providing your email and phone number to Company, you agree to receive emails and/or phone calls from Cogmotion Learning, LLC. You may choose to receive text message communications, which you may expressly consent to receive via Company’s “Authorization for Electronic Communication” form, incorporated here by reference. You are not required to receive text message communications for Services; if you elect to receive text messages, standard text message fees may apply.
b) Electronic Signatures and Contracts: You acknowledge and agree that clicking buttons like "I Accept" and "Submit" constitutes your legal signature for electronic documents and transactions, and demonstrates your intent to be bound by such documents' terms, and you agree to waive any original signature requirements.
c) Electronic Communications: Electronic transmission of information carries inherent risks. You agree to indemnify and hold harmless the Company for any error, omission, claim, or loss arising from or in connection with your and Company’s electronic communication of information.
d) Withdrawal of Consent: You can withdraw your consent to communications by notifying the Company in writing at any time. You acknowledge that opting out of emails, phone calls, and/or texts may impact your use of and access to the Website or the Service.
e) Requesting Paper Copies: Upon request, the Company will provide paper copies of electronically provided material within 30 days. Requests must be in writing and may be provided via electronic or non-electronic means.
8. Privacy Policy
a) Confidentiality and General Privacy: Company will not reveal or disclose your information to third parties without your express, written consent except in those situations in which, in Company's sole discretion and determination, Company’s failure to release information would result in danger to you, a minor Student receiving Company’s Services, or others, or where otherwise required by law. Whenever feasible, in Company's sole discretion and determination, the consent of a minor Student receiving Company’s Services is obtained prior to disclosure of his/her/their confidences to third parties, including, if applicable, disclosures to you (the Student’s parent or legal guardian). Notwithstanding the above, information regarding you or your student's rescheduling, cancellation, or non-attendance of sessions may be shared by Company, in its sole discretion and determination, with the party paying for Services (e.g., a minor student's parent or guardian or another third party rendering payment for Services may be informed in such instance; a parent or other third party rendering payment for a non-minor student receiving Services may be informed in such instance).
b) Personal Information You Disclose to Us: We collect personal information that you voluntarily provide to us when you register on the Website or book Services, express an interest in obtaining information about us or our Services, when you participate in Services, or otherwise when you contact us. WE DO NOT PROCESS SENSITIVE INFORMATION.
c) Processing of Your Information: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with the law. We may also process your information for other purposes with your express, written consent.
d) Retention of Your Information: Company will retain your personal information including but not limited to contact information, educational reports, and health documents, for as long as Company possesses an ongoing legitimate business purpose to do so and for an additional, extended period of five (5) years thereafter.
e) Cookies and Automatic Information Collection: Some information—such as your Internet Protocol (IP) address and/or browser and device characteristics—is collected automatically when you visit our Website. This information does not reveal your specific identity (i.e., your name or contact information), and is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.
9. User Representations: You represent that you have provided accurate information and possess the necessary authority or requisite authorization in order to comply with the terms of the Agreement. You commit to promptly notifying the Company of any security breaches or similar incidents.
10. Additional Resources and Links: Company may offer information about external resources, but it is not responsible for such external resources' content. Links to external websites do not imply endorsement by the Company, and Company is not liable for damages caused by using third-party content, goods, or services.
11. Prohibited Activities: You shall not (nor cause any third party to) use the Website or the Service to perform any illegal or immoral activities (including but not limited to defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights -- such as rights of privacy -- of others). You agree to abide by all applicable federal, state, or local laws, rules, or regulations, including any governmental agency guidelines, policies, or procedures, and agree and acknowledge you are solely responsible for all acts or omissions taken by you including without limitation those acts or omissions concerning any of the User Content created or submitted by you.
12. Fees, Appointments, and Services
a) General: Fees for content or services may apply, charged to your payment method. Charges are in USD, and taxes may apply. Payments are nonrefundable unless required by law.
b) Company Specific Fee and Charge Policies: Payment is due at the time of service. Cash, check, or credit card payments (e.g., MasterCard, Visa, Discover) are accepted. A $35.00 fee will be charged if a check is bounced in order to cover associated fees.
c) Cancellation, Rescheduling, and Absence Policies: You acknowledge you must provide 24 hours’ notice before canceling or rescheduling an appointment. If you do not show up for an appointment and did not cancel or reschedule the appointment with at least 24 hours’ notice, you acknowledge and assent to be charged the full fee for the appointment. Company retains the right to, in its sole discretion and determination, waive the fee for the missed or rescheduled appointment, in whole or in part, on an individual, appointment-by-appointment basis.
d) Corrections to Fees and Services: Company may correct errors, inaccuracies, or omissions in service descriptions, pricing, and availability without notice.
e) Bundling Sessions: You may choose to buy a package of "bundled" sessions. Packages of bundled sessions are offered at Company's sole discretion and determination. Company may choose to stop offering bundled sessions at any time and without the provision of notice thereof to you. Unused sessions purchased in a bundle do not expire and, in the event Company chooses to stop offering bundled sessions for purchase, unused sessions already purchased will remain usable.
13. Dispute Resolution: You acknowledge and expressly consent to be bound by the following Dispute Resolution and Arbitration provisions:
a) Binding Arbitration: Both parties agree to resolve disputes through arbitration instead of court. This arbitration is governed by the Federal Arbitration Act and is individual; class actions aren't allowed. All claims between you and Company will be exclusively resolved through binding arbitration, including but not limited to disputes regarding this Agreement and arbitration provisions, the Website, and Company's Services.
b) Informal Negotiations: Parties must first negotiate informally for 30 days before initiating arbitration. Negotiation details are confidential and inadmissible in arbitration.
c) Restrictions and Exceptions: Claims are only allowed in individual arbitration, not class or representative actions. Claims involving intellectual property rights, theft, piracy, privacy, or unauthorized use, and claims for injunctive relief are exceptions to arbitration.
d) Rules Governing the Arbitration: Arbitration follows the AAA Consumer Arbitration Rules. The arbitrator will provide a reasoned decision and decide claims based on applicable law.
e) Arbitration Fees and Awards: Fees are governed by AAA Rules, with modifications. Company may reimburse your fees if your claim isn't frivolous. Parties pay their own attorneys' fees and costs.
f) Location and Manner of Arbitration: Arbitration hearings are to take place in Cuyahoga County, Ohio, USA. If the claim is $10,000 or less, hearing format is your choice; for all arbitration claims, AAA rules will govern.
g) Miscellaneous Terms: Claims related to Services must be brought within three (3) years. If heard in court, disputes are handled the appropriate state or federal court located in Cuyahoga County, Ohio. All claims are heard in court are governed by Ohio law.
h) Severability: If any part of this Arbitration Provision is illegal or unenforceable, it's severed while the remainder remains valid.
14. Contact: In order to resolve a complaint regarding this Agreement and its content or to receive further information or clarification about the Agreement or the use of Services, please direct all inquiries to:
Cogmotion Learning, LLC
ATTN: Legal Dept.
3659 Green Road, Suite 322
Beachwood, OH 44122
(216)-250-1209