Terms and Conditions of Use / Service Agreement
This is our Service Agreement. COGNICLEAR provides its services to you subject to the Terms
and Conditions contained in this Service Agreement. If you visit or shop at COGNICLEAR, you
accept these Terms and Conditions.
The information presented on this Website is in no way intended as medical advice or as a
substitute for medical treatment. This information should only be used in conjunction with
the guidance and care of your physician. Consult your physician before beginning any diet,
nutrition, or fitness plan offered through the Website. Your physician should allow for
proper follow-up visits and individualize your diet, nutrition, or fitness plan as
appropriate. Nothing stated or presented on the Website is intended to be a substitute for
professional medical advice, diagnosis, or treatment. Always seek the advice of your
physician or other qualified health care provider if you have any questions regarding a
medical condition, your diet, nutritional supplements, an exercise regimen, or any other
matter related to your health and well-being. If you are pregnant, a nursing mother,
anorexic, bulimic, or allergic to peanuts you agree not to participate in any recomended
program. If you are diabetic you agree not participate in any recomended program. If you fit
into one of these categories and have already joined a program, please contact immediately
so that your membership may be terminated.
If you do not agree to be bound by all of these Terms and Conditions, please do not use or
access this Website. The contents of this Website, including the text, graphics, images, and
information obtained from COGNICLEAR third-party content providers, sponsors, suppliers, and
licensors (collectively "Providers"), and any other materials are to be used for
informational purposes only.
PARENTAL OR GUARDIAN PERMISSION.
You must be 18 years or older to purchase any product or service offered on or through the
Website. Some of the content on the Website may not be appropriate for children. CHILDREN
UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that
children between the ages of 13 and 18 ask for their parent's or guardian's permission
before viewing the Website.
PRIVACY.
Please review our Privacy Policy, which also governs your visit to the Website, to
understand our privacy practices.
COMMUNICATIONS.
When you visit the Website or fill out any online forms, you are communicating with us
electronically. You consent to receive communications (including legal notices) from us
electronically. We will communicate with you by email, phone, text messages, mail or by
posting notices on the Website. 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. COGNICLEAR may also deliver communications to you
electronically. In addition, COGNICLEAR may deliver communications (including legal notices)
to you at the street address you provided. Finally, COGNICLEAR may deliver communications to
you by any means set forth in any other COGNICLEAR policy or notice published on the
Website.
LICENSE AND SITE ACCESS.
COGNICLEAR grants you a limited license to access and make personal use of the Website and
you may not download (other than page caching) or modify it, or any portion of it, without
the express written consent of COGNICLEAR . This license does not include any resale or
commercial use of the Website or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of the Website or its contents; or any
use of data mining, robots, or similar data gathering and extraction tools. The Website or
any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise
exploited for any commercial purpose without express written consent of COGNICLEAR . You may
not frame or utilize any framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of COGNICLEAR without
our express written consent. You may not use any metatags or any other hidden text utilizing
COGNICLEAR name or trademarks without the express written consent of COGNICLEAR . Any
unauthorized use terminates the permission or license granted by COGNICLEAR . You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page
of the Website so long as the link does not portray COGNICLEAR , its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive manner. You
may not use any COGNICLEAR logo or other proprietary graphic or trademark as part of the
link without express written permission.
CONTACTING COGNICLEAR
You may contact us by filling out the contact us form on our website (please provide your
first and last name, and order number if applicable)
DISCLAIMERS AND LIMITATION OF LIABILITY.
Users of the Website (individually and collectively, "User") expressly agree that use of
the Website is at User's sole risk. Neither COGNICLEAR , nor its employees or Providers,
warrant that the Website will be uninterrupted or error-free; nor do they warrant or make
any representation regarding the use of the information provided on the Website or the
results that may be obtained from the use of the information provided on the Website, or as
to the accuracy, reliability, or currency of any information, content, service, or
merchandise provided through the Website. COGNICLEAR does not endorse, recommend, or sponsor
and is not affiliated with any individuals or entities listed or linked to on the Website
unless that fact is expressly stated. The listing of any individual or entity does not
constitute a medical referral of any kind. Users are advised to exercise their own further
informed review, judgment, and evaluation in the selection of any and all medical
professionals and health information.
THE WEBSITE IS PROVIDED BY COGNICLEAR ON AN "AS IS" AND "AS AVAILABLE" BASIS. COGNICLEAR
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR
LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COGNICLEAR
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES
SHALL COGNICLEAR OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE,
ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD, RECOMMENDED OR PROVIDED ON THE WEBSITE
OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE
WEBSITE, EVEN IF COGNICLEAR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL COGNICLEAR'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT
IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COGNICLEAR ,
PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION
OR ADVICE.
Under no circumstances shall COGNICLEAR or any other party involved in creating, producing,
or distributing the Website be liable for any direct, indirect, incidental, special, or
consequential damages that result from the use of or inability to use the Website, including
but not limited to the results from mistakes, omissions, interruptions, deletion of files or
email, errors, defects, viruses, delays in operation or transmission, or any failure of
performance, whether or not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to the Website's records, programs, or services. User
acknowledges that this paragraph shall apply to all content, merchandise, and services
available through the Website. In those states that do not allow the exclusion or limitation
of liability for consequential or incidental damages, liability is limited to the fullest
extent permitted by law.
THIRD-PARTY CONTENT.
The Website contains information, data, software, photographs, graphs, videos, typefaces,
graphics, audio and other material (collectively "Content"). Regarding the Content supplied
by Users or parties other than COGNICLEAR , COGNICLEAR is a product information website and
not a publisher or distributor. COGNICLEAR has no more editorial control over such
third-part Content or websites that we link to than does a public library or newsstand. Any
opinions, advice, statements, services, offers, or other information that constitutes part
of Content expressed or made available by third parties and not by COGNICLEAR are those of
the respective authors or distributors and not of COGNICLEAR . Neither COGNICLEAR nor any
third party, including any Provider, or any User of the Website, guarantees the accuracy,
completeness, or usefulness of any Content, nor its merchantability or fitness for any
particular purpose. In many instances, the Content available through the Website represents
the opinions and judgments of the respective Provider or User not under contract with
COGNICLEAR . COGNICLEAR neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice, or statement made on 3rd party Websites we may link to. Under no
circumstances shall COGNICLEAR be liable for any loss, damage or harm caused by a User's
reliance on information obtained through the Website. It is the responsibility of a User to
evaluate the information, opinion, advice or other Content available through the Website.
LINKS TO OTHER SITES.
The Website may reference or link to third-party sites throughout the World Wide Web.
COGNICLEAR has no control over these third-party sites or the content within them.
COGNICLEAR cannot and does not guarantee, represent or warrant that the content contained in
these third-party sites is accurate, legal, or inoffensive. COGNICLEAR does not endorse the
content of any third-party site, nor do we warrant that they will not contain viruses or
otherwise impact your computer. COGNICLEAR does not assume any responsibility or liability
for the actions, product, services, and content of all these and any other third parties. If
you choose to click thru to or use a third-party website, you should carefully review such
third party's privacy statement and other terms and conditions of use. By using the Website
to click on any link to another third-party site, you agree and understand that you may not
make any claim against COGNICLEAR for any damages or losses, whatsoever, resulting from your
use of the Website to obtain information.
COPYRIGHTS.
Copyright © COGNICLEAR. All rights reserved. All materials and contents contained in the
Website (including but not limited to the text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations and software), and the Website itself, are
copyrighted materials belonging exclusively to COGNICLEAR or its content suppliers and are
protected by United States and international copyright law. COGNICLEAR enforces its
copyright interests to the fullest extent permitted under the law, and shall seek civil and
criminal remedies where appropriate, including the remedies provided for under sections 501
et seq. of Title 17 of the U.S. Code. All rights are reserved.
TRADEMARKS.
COGNICLEAR , and the related logos and other marks indicated on our Website are the
exclusive property and trademarks of COGNICLEAR reserves all rights, including all rights
applicable under the U.S. and international trademark laws, including, without limitation
Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not
owned by COGNICLEAR that appear on this Website are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored by COGNICLEAR.
INDEMNITY.
You agree to defend, indemnify, and hold COGNICLEAR and Providers harmless from and against
any claims, actions or demands, liabilities and settlements including without limitation,
reasonable legal and accounting fees, resulting from, or alleged to result from, your
violation of these Terms and Conditions.
APPLICABLE LAW.
The Website is created and controlled by COGNICLEAR in the country of Costa Rica. As such,
the laws of Costa Rica will govern these disclaimers, terms and conditions, without giving
effect to any principles of conflicts of laws. COGNICLEAR reserves the right to make changes
to its Website and these disclaimers, terms and conditions at any time. User hereby
irrevocably and unconditionally consents to submit to the jurisdiction of Costa Rica for any
litigation arising out of or relating to use of or purchase made through the Website (and
agrees not to commence any litigation relating thereto except in such courts), waives any
objection to the laying of venue of any such litigation in the Costa Rica courts and agrees
not to plead or claim in any Costa Rica court that such litigation brought therein has been
brought in an inconvenient forum.
MISCELLANEOUS TERMS.
In any action against us arising from the use of this Website, the prevailing party shall
be entitled to recover all legal expenses incurred in connection with the action, including
but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
COGNICLEAR reserves the right to make changes to the Website, these policies, and these
Terms and Conditions at any time, effective immediately upon the posting on this Website.
Please check these Terms and Conditions periodically. In addition, these Terms &
Conditions may be modified only by our posting of changes to these Terms & Conditions on
this Website. Each time you access this Website, you will be deemed to have accepted any
such changes. If any of these terms and conditions shall be deemed invalid, void, or for any
reason unenforceable, that term or condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining terms and conditions. These Terms &
Conditions are the entire agreement between you and us relating to the subject matter
herein. We may assign our rights and obligations under these Terms & Conditions. These
Terms & Conditions will inure to the benefit of our successors, assigns, and licensees.
The failure of either party to insist upon or enforce the strict performance of the other
party with respect to any provision of these Terms & Conditions, or to exercise any
right under the Terms & Conditions, will not be construed as a waiver or relinquishment
to any extent of such party's right to assert or rely upon any such provision or right in
that or any other instance; rather, the same will be and remain in full force and effect.
Unsolicited Idea Submission Policy
COGNICLEAR , and/or any of its employees, do not accept or consider unsolicited ideas,
including ideas for new advertising campaigns, new promotions, new or improved products or
technologies, product enhancements, processes, materials, marketing plans or new product
names. Please do not send any original creative artwork, suggestions, or other works. The
sole purpose of this policy is to avoid potential misunderstandings or disputes when
COGNICLEAR 's products or marketing strategies might seem similar to ideas submitted to
COGNICLEAR . So, please do not send your unsolicited ideas to COGNICLEAR or anyone at
COGNICLEAR . If, despite our request that you not send us your ideas, you still send them,
then regardless of what your letter, fax, phone call, or e-mail says, the following terms
shall apply to your idea submission.
Terms of Idea Submission
You agree that: (1) your ideas will automatically become the property of COGNICLEAR ,
without compensation to you, and (2) COGNICLEAR can use the ideas for any purpose and in any
way, even give them to others.
Product and/or Service Feedback
COGNICLEAR does, however, welcome your feedback regarding many areas of COGNICLEAR 's
existing business. If you want to send us your feedback, and we hope you do, we simply
request that you fill out the form on the contact us page. Please provide only specific
feedback on COGNICLEAR 's existing products or marketing strategies; do not include any
ideas that COGNICLEAR 's policy will not permit it to accept or consider. It's just one more
way that COGNICLEAR can learn how to best satisfy your needs.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. COGNICLEAR
shall be free to use such information on an unrestricted basis.
Refunds
Refund requests are accepted within 60 days of order date. If you select to receive
physical items, all items must be returned undamaged along with your full name, email
address, Clickbank email invoice, and order number. Returned items and return shipping costs
are your responsibility. Please keep a record of your return tracking. A refund will be
issued once we receive returned items. Any items that are damaged when we receive them will
not be eligible for refund. Refunds do not include any shipping or handling charges.
Anti Spam Policy.
In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate
messages, typically sent for a commercial purpose. We provide a facility that enables users
to send email messages/ private messages to others. Users must not use this facility to send
unsolicited , bulk or indiscriminate messages, whether or not commercial purposes. Receipt
of unwanted messages from our company. In the unlikely event that you receive any message
from us if sent using our systems that may be considered spam, please contact us by using
the following email address so we can investigate.