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CORTEX EVOLUTION, LLC
PRIVACY POLICY AND TERMS OF USE
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***PRIVACY POLICY***
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Version Date: June 29, 2022

GENERAL

Cortex Evolution, LLC (the “Company” or “We” or “Us” or “Our”) respects the privacy of all customers and clients (“Participant” or “You” or “Your”), including participants in the Strive Hive self-improvement group and all its associated communications and interactions (collectively, the “Group”). The following Company privacy policy (“Privacy Policy”) is designed to inform You, as a customer of the Company and/or participant of the Group, about the types of information that the Company may gather about or collect from You in connection with Your participation. It also is intended to explain the conditions under which the Company uses and discloses that information, and Your rights in relation to that information. Some parts of this Privacy Policy will apply to You only if You are a member of the Group or only if You are a coaching client of the Company, as specified. This Privacy Policy, including Our children’s privacy statement, does not apply to any information You provide to Us or that We may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail). By participating in the Group or any of Our other services, You agree that Your interactions with the Company and the Group, and any dispute over privacy, are governed by this Privacy Policy. We don’t share Your personally identifiable information (“PII”) with anyone except as specified in this Privacy Policy. PII generally includes, but is not limited to, a person’s name, address, email address, phone number, and any other information that is able to identify an individual. We will never sell, barter, or rent Your PII to any third party.

If You have questions about deleting or correcting Your personal data please contact Us at help@cortexevolution.com. If You make a request, please provide Us with Your full name, username (if applicable), and email address for Your Account.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AS WELL AS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT IMPACTS YOUR RIGHTS FOR DISPUTE RESOLUTION. PLEASE READ THESE SECTIONS CAREFULLY IF YOU LIVE IN THE UNITED STATES.

IF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, OR TERMS INCORPORATED BY REFERENCE, OR THE TERMS OF OUR TERMS OF USE (AS FOUND AT https://cortexevolution.com/terms-of-use/) ARE UNACCEPTABLE TO YOU, DO NOT VISIT, ACCESS, USE OR PARTICIPATE IN THE GROUP, WEBSITE (cortexevolution.com), PLATFORM OR ANY OF OUR SERVICES.

The Company is hosted in the United States of America and is subject to United States state and federal law. If You are accessing Company services from other jurisdictions, please be advised that You are transferring Your personal information to Us in the United States, and by using Our services, You consent to that transfer and use of Your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and United States federal law concerning Your use of Our services and Your agreements with Us. Any persons accessing Our services from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use Our services in a manner lawful in their jurisdiction. If Your use of Our services would be unlawful in Your jurisdiction, please do not use Our services.

Changes to this Privacy Policy, as may occasionally be necessitated, are discussed at the end of this document. Each time You interact with the Company or participate in the Group in any way, the current version of this Privacy Policy will apply. Accordingly, each time You use any of Our services, You should check the date of this Privacy Policy (which appears at the beginning of this document) and review any changes since the last time You used Our services.

CHILDREN PRIVACY

By using Our services, You represent and warrant that You have attained the age of majority where You reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. If You enter a birth date or other indication that You are not old enough to own a Cortex Evolution account or a Strive Hive account, Your account may be disabled. Persons who are at least 13 years of age (or 16 years of age in the European Union “EU”) but under the age of majority may only use Our coaching services after receiving legal parental or guardian consent from someone legally qualified to do so.

In the Group, We do not allow the participation of minors. By participating in the Group, You certify that You are at least 18 years old.

The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly solicit, collect, maintain, or distribute PII from anyone under the age of 13, unless or except as permitted by law. We will not knowingly link to any third-party website or platform that solicits or collects PII from minors. Any person providing PII through the Group is screened to ensure they are of the appropriate age, and thus represents to Us that he or she is 18 years of age or older. If We learn that PII has been collected from a Participant under 18 years of age on or through the Group, then We will take the appropriate steps to cause this information to be promptly deleted. If You are the parent or legal guardian of a child under 18 who has become a member of the Group or has otherwise transferred PII to the Group, please contact the Company using Our contact information below to have that child's Account terminated and information deleted.

BY PARTICIPATING IN THE GROUP OR USING ANY OF OUR SERVICES, YOU ARE ACCEPTING ALL OF THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION

“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person.

Web Beacons and Cookies

A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the Participant and allows Company operators to check whether a Participant has viewed a particular web page or an email. Web Beacons are not used to access Participants’ PII. Web Beacons collect only a limited set of information, including time and date of a page or email view and a description of the page or email on which the Web Beacon resides. The Company may use Web Beacons in emails to know if/when Participants have viewed emails or to allow Us to count users who have visited certain web pages and to generate statistics about how Our site is used. You may not decline Web Beacons. However, they can be rendered ineffective by declining all web cookies or modifying Your browser setting to notify You each time a web cookie is tendered, permitting You to accept or decline web cookies on an individual basis.  

The Company does not currently employ its own web cookies on its website, cortexevolution.com (“Website”), but may at a future date. However, We may use third-party services such as Google Analytics to help understand use of the services. These services typically collect the information sent by Your browser as part of a web page request, including Cookies and Your IP address. They receive this information and their use of it is governed by their respective privacy policies. You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager here https://adssettings.google.com/authenticated?hl=en. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout. For additional information on how Google uses data when You use Google partners’ sites or apps, go to: https://policies.google.com/technologies/partner-sites. Ultimately, however, We cannot control the use of Cookies by third parties (or the resulting information), and use of third party Cookies is not covered by this policy.

Some web browsers may give You the ability to enable a “do not track” feature that sends signals to the websites You visit, indicating that You do not want Your online activities tracked. This is different than blocking or deleting Cookies, as browsers with a “do not track” feature enabled may still accept Cookies. There currently is no accepted standard for how to respond to this signal, and We do not take any action in response to this signal.

Aggregated and Non-Personally-Identifying Information

You agree that We may extract and use information You disclose for the purposes of aggregating data in a non-identifiable method. This aggregated data may be used to improve Our services or, without limitation, to develop, analyze, combine, or publish the aggregated data for commercial purposes.

 
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION

As defined above, PII is information that can be directly associated with a specific person. In order to serve You, the Company may collect a range of PII from and about Company customers, including You. We do not sell, trade, or otherwise transfer to outside parties Your PII, except for the absolutely necessary Company Disclosures described below.

Much of the PII collected by the Company about Participants is information provided by Participants themselves when (1) registering for Our services, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of Our services, or responding to offers or advertisements, (4) communicating with us, (5) creating a profile, (6) applying to teach a class, or (7) signing up to receive newsletters or other content. That information may include each Participant’s name, address, email address and telephone number, and, if You transact business with us, financial information such as Your payment method (valid credit card number, type, expiration date, billing address, or other financial information). We also may request information about Your interests, goals, and activities, Your gender, age, date of birth, and other demographic or relevant information as determined by the Company from time to time. Participants are under no obligation to provide the Company with PII of any kind, with the caveat that a Participant’s refusal to do so may prevent the Participant from using certain Group features or Company services.

Other types of PII that We may collect include:

- Device Information: When You use Our services through Your computer, mobile phone or other device, We may collect information regarding and related to Your device, such as hardware models and IDs, device type, operating system version, the request type, the content of Your request and basic usage information about Your use of Our services, such as date and time. In addition, We may collect information regarding application-level events and associate that with Your Account to provide customer service. We may also collect and store information locally on Your device using mechanisms such as browser web storage and application data caches.

- Location Information: When You use the services, We may collect Your precise location data. We may also derive Your approximate location from Your IP address.

- Call and SMS Data: In connection with providing service, We may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message. You consent to the receipt, collection and storage of this information.

In order to participate in the Group or certain other Company services, You will need to set up an account with Us (an “Account”) and provide certain identifying information that will be linked to Your Account, including Your name, time zone, email address, and phone number. We encourage You to exercise caution and prudence before voluntarily disclosing any other types of PII about Yourself. We prohibit You from disclosing any PII about another person, whether or not they are an Account holder.

In order to protect Your privacy and create a community environment that encourages sharing, vulnerability, and openness, We prohibit Participants from recording, in any manner and under any circumstances, interactions with other Participants or with the Group.

BY REGISTERING WITH OR PARTICIPATING IN THE GROUP OR ANY OTHER COMPANY SERVICE, YOU EXPRESSLY CONSENT TO THE USE AND DISCLOSURE OF YOUR PII AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.

General Use

The Company uses the PII in the file We maintain about You, and other information We obtain from Your current and past activities with the Company (1) to deliver the products and services that You have requested, including algorithmically pairing You with other Participants based on the information You provided; (2) to manage Your Account and provide You with customer support; (3) to develop content tailored to Your interests; (4) to resolve disputes and troubleshoot problems; (5) to measure consumer interest in Our services; (6) to inform You of updates; (7) to customize Your experience; (8) to promote products or services relevant to the Group and other Company services; (9) to detect and protect Us against error, fraud and other criminal activity; (10) to enforce the Group’s Community Guidelines; and (11) to do as otherwise described to You at the time of collection. At times, We may look across multiple Participants to identify problems. In particular, We may examine Your PII to identify Participants using multiple Participant IDs or aliases. We may compare and review Your PII for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made to the Company, enroll You in the discount, rebate, and other programs in which You elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage Our business.

Company Communications

Depending on what you have opted to receive, We may occasionally use Your name and email address to send You notifications regarding new content or offers from the Company that We think You may find valuable, including Group updates, "Ask a Neuroscientist" answers and guidance, or custom brain coaching offers and discounts. We may also send You service-related announcements from time to time through the general operation of the service. If You join the Group, We will contact You via email to provide You with Your partner(s) information and important information to help You succeed in the Group. Generally, You may opt out of promotional and/or informational emails by choosing Your preference at the time You register for Our services, by contacting Us at help@cortexevolution.com to unsubscribe or change your preferences, or by clicking the “Unsubscribe” option present in the footer of Our emails. However, We reserve the right to send You (1) notices about Your Account, such as service announcements and administrative messages, (2) requests for brief input about Your satisfaction with the Group, Your partner(s), and other Company services, (3) important announcements, and (4) direct requests for information and communication as needed to resolve any issues or complaints related to Your degree or manner of participation in the Group or Our other Services. We will not contact You by any means other than email unless You consistently fail to respond in a timely manner to emails requiring a response, in which case We may attempt to contact You by other means. If You no longer desire to receive ANY communications from Us, please email Us at help@cortexevolution.com to request complete termination of Your Account.

Feedback & Support

If You send Us a question, suggestion, or support request (via email, contact forms on Our Website, or other feedback channels), We will generally reply to You by email within two (2) business days. After We reply, We will keep the PII and any other personal data that You submitted along with Your request for one (1) month since the date of last activity in case follow-ups are needed. This data includes the IP-address from which the request was made, to avoid misuse of Our forms and communication channels. After one (1) month of inactivity, all data uniquely gathered from Your request will be deleted.

If You send Us a question, suggestion, or support request, We reserve the right to publish it (stripped of all PII) in order to help Us clarify or respond to Your request or to help Us support other users (e.g., create FAQs).

We may provide technical support to service Your Account. To do so, We may use certain PII to access Your Account for the purpose of troubleshooting, revising, running tests, and/or otherwise providing support. In the process, We may potentially see other PII viewable on Your Account pages. Any information We encounter in the process of providing support will be safeguarded with the same security and protection standards as all other personal information.

Company Disclosures

We take reasonable measures to protect against the unauthorized access, use, alteration, or destruction of potential PII. The Company discloses potential PII only on as needed (or required) as follows:

● By participating in the Group, if You so choose, You elect to be matched with other members of the Group, who will become Your “Improvement Partner(s)”. We will share Your contact information (name, email, and time zone) and other important information You provide when You register for an Account with Your Improvement Partner(s) to whatever extent You do not expressly object during Your registration. At any time, You may email Us at help@cortexevolution.com to update Your information sharing preferences. We will also share Your Improvement Partner(s) contact and other information with You.

● To Our employees or external contractors that: (a) need to know the information in order to process it on Our behalf or to service the Company or its assets; and (b) that have expressly agreed not to disclose it to others. Note: Some of those employees, and contractors may be located outside of Your home country; by using Our services, You consent to the transfer of such information to them.

● By Law or to Protect Rights. When We believe disclosure is appropriate, We may disclose PII in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of the Company, Our Participants (including You), Our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce Our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise Our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, We may raise or waive any legal objection or right available to us.

● Third-Party Service Providers. We may share Your PII, which may include Your name and contact information (including email address) with Our authorized service providers that perform certain services on Our behalf. These services may include, but are not limited to, fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Company’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Company. We may also share Your name, contact information and credit card information with Our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose. See Our “Third Party Service Provider Terms” below for more detailed information.

● Business Transfers; Bankruptcy. The Company reserves the right to transfer all PII and non-personally identifying information and data in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of the Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred PII and non-personally identifying information and data will be subject to this Privacy Policy, or to a new privacy policy if a new privacy policy is posted. PII submitted or collected after a transfer, however, will be subject to a new privacy policy adopted by the successor organization.

Changing Personally-Identifying Information; Account Termination

You may at any time review, change, or delete Your PII by going to Your Account settings (if applicable) or contacting Us using the contact information below.  If You request it, We will deactivate or delete Your Account and contact information from Our active databases. Such information will be deactivated or deleted as soon as practicable based on Your Account activity and in accordance with Our deactivation policy and applicable law. We will retain in Our files any PII necessary to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce Our Terms of Use and to comply with legal requirements as is permitted by law. Therefore, You should not expect that all of Your PII will be completely removed from Our databases in response to Your requests.

Additional Information for International Users

If You participate in the Group or other Company services from outside the United States, please be aware that You are sending information (including PII) to the United States where the servers We rely on are located. Depending on the type of information and its storage method, this information may be transferred within the United States or out of the United States to other countries outside of Your country of residence. These countries (including the United States) may not have data protection laws as comprehensive or protective as those in Your country of residence. However, Our collection, storage, and use of Your PII will at all times be governed by this Privacy Policy.

European Union Users

If You are a resident of the European Economic Area (EEA), You have certain data protection rights, which include the following in certain circumstances: ​

● Right to Access – You have the right to request copies of Your personal data from the Company. We will charge You a small fee for this service to cover Our costs associated with providing You the information, if permitted by law in Your location. 
● Right to Rectification – You have the right to request that the Company correct any information You believe is inaccurate. You also have the right to request the Company to complete information You believe is incomplete. 
● Right to Erasure – You have the right to request that the Company erase Your personal data, under certain circumstances. 
● Right to Restrict Processing – You have the right to request that the Company restrict the processing of Your personal data, under certain circumstances. 
● Right to Object to Processing – You have the right to object to the Company’s processing of Your personal data, under certain circumstances. 
● Right to Data Portability – You have the right to request that the Company transfer the data that We have collected to another organization, or directly to You, under certain circumstances. 

If You are a Group Participant, in order to service You as a member of this Group, the Company retains some of Your personal information on Google Drive, in Mailchimp, and on employee personal computers for the duration of Your time in the Group, and some of Your information is stored indefinitely following the termination of Your participation in the Group, unless You elect otherwise. If You are a coaching client, the Company retains some of Your personal information on the Acuity Scheduling platform, in Mailchimp, and on employee personal computers for the duration of your participation, and some of Your information is stored indefinitely following the termination of your participation, unless You elect otherwise. Your personal financial information is stored with third parties (see below).

If You would like to exercise any of the above-listed rights, review Your personal data or would like Us to delete Your personal data, please email Us at: help@cortexevolution.com.

To prevent Us from storing Your data, to review or change Your stored data, or to delete Your stored data, please include Your full name, username (if applicable) and email address for Your Account, and a statement that You do not want Us to store Your information or that You want to review or change Your information that We have stored. You may also specify what specific information You do not want Us to store, what information You want to review or change, or what information You want Us to delete. Please allow up to four (4) weeks to process Your request from the date of receipt. If We cannot honor Your request within the four (4)-week period, We will tell You when We will be able to provide access. In the unlikely event that We cannot provide You access to Your information, We will provide an explanation as to why We cannot do so.

Please note that any changes You make will be reflected in Our active user database within a reasonable time; however, We may retain information You submit for backups, archiving, prevention of fraud, to satisfy legal obligations, or other needs that would reasonably be considered legitimate reasons to do so.

Further, You acknowledge that any information that We collect and store, for the limited purposes outlined above in this Privacy Policy, will be collected and stored outside of the EEA. For avoidance of confusion, references to “PII” in this policy are equivalent to what is commonly referred to as “personal data” in the EEA.

By checking the box to agree to Our terms and conditions, including this Privacy Policy, You consent to the collection, use, disclosure, and processing of Your PII in the manner described in this Privacy Policy, including Our procedures related to cookies and IP addresses. We store data about or from You in the US. You understand that the US does not have the same level of protection for PII that exists in other countries. Your consent is voluntary, and You may revoke Your consent by opting out at any time by clicking the “Unsubscribe” button in the footer of Our emails and/or by emailing Us a more detailed request as described above. If You choose to opt out, We can no longer provide You with access to certain parts or all of Our services, depending on the extent of Your opt-out.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits Our Participants who are California residents to request and obtain from us, once a year and free of charge, information about the PII (if any) We disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the PII that was shared and the names and addresses of all third parties with which We shared PII in the immediately preceding calendar year.

The Company does not sell, rent, or barter Your personal information and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale as required by law. We also do not offer financial incentives associated with Our collection, use, or disclosure of Your personal information.

In order to service You as a Participant, the Company retains some of Your personal information. Your personal financial information is stored with third parties. If You would like to review Your personal data or would like Us to delete Your personal data, please contact Us at: help@cortexevolution.com

To prevent Us from storing Your data, or to review Your stored data, or to delete Your stored data, please include Your full name, username (if applicable) and email address for Your Account, and a statement that You do not want Us to store Your information or that You want to review Your information that We have stored. You may also specify what information You do not want Us to store or what information You want to review or what information You want Us to delete. Please allow up to four (4) weeks to process Your request from the date of receipt. If We cannot honor Your request within the four-week period, We will tell You when We will be able to provide access. In the unlikely event that We cannot provide You access to Your information, We will provide explanation as to why We cannot do so.

Please note that any changes You make will be reflected in Our active user database within a reasonable time, however We may retain information You submit for backups, archiving, prevention of fraud, to satisfy legal obligations, or other needs that would reasonably be considered legitimate reasons to do so.

NEVADA PRIVACY RIGHTS

Nevada Privacy of Information Collected on the Internet from Consumers Act (NPICICA) allows Nevada residents the option to opt-out of the sale of certain “covered information” that is collected by websites and online services. The Company does not sell covered information, as defined by the NPICICA.

However, if You would like to be notified if We decide in the future to sell personal information covered by NPICICA, please contact Us at help@cortexevolution.com and provide Your full name, the Company username (if applicable), and email address for Your Account. You are responsible for updating Your email address for this purpose and We are not obligated to cross-reference other email addresses You have provided for other purposes. We will contact You only at the email address provided under this section if Our plans change.

SECURITY

We take the security of Your PII seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse.  However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view Your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

We are dedicated to protect all information associated with Your use of Our services. You can help maintain the confidentiality of Your PII by always using a secure internet connection.

SOCIAL MEDIA AND OTHER PUBLIC SHARING

Our services may now or in the future integrate with social sharing features and other related tools which let You share actions You take on Our services with other Apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with Your friends or the public, depending on the settings You establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data You provide to or share through them.

Any information or content that You voluntarily disclose for posting publicly to a social sharing service becomes available to the public, as controlled by any applicable privacy settings that You set with the social sharing service. Once You have shared User Content or made it public, that User Content may be re-shared by others. If You remove information that You posted to the social sharing service, copies may still remain viewable in cached and archived pages, or if other users or third parties, using the social sharing service, have re-shared, copied or saved that User Content.

If You share User Content or post a comment or message that contains personally identifiable information to a page on Our services that is accessible to the public, third parties may use that information, or share it with other parties. As a result, You may receive unsolicited messages from other parties. Such User Content, comments or messages is not subject to this Privacy Policy and You share this information at Your own risk.

You will need to contact Cortex Evolution in the event that You wish to have this personally identifiable information removed from Our service. Please note that responding to Your request may not ensure complete or comprehensive removal from the internet if the content or information has been reposted by another party. To request removal of content or information, please contact Us at help@cortexevolution.com.

COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY

The Company contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing PII received from the Company, other than in accordance with this Privacy Policy. However, third parties are under no obligation to comply with this Privacy Policy with respect to PII that Participants provide directly to those third parties, or that those third parties collect for themselves. These third parties include advertisers, providers of games, utilities, widgets, analytics, and a variety of other third-party applications accessible through the Group, Our Website, and Our other services. The Company neither owns nor controls these third-party groups and applications. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third party, or using a third-party application, whether by means of a link on Our Company or Group websites, directly through the Group or coaching activities, or otherwise, and before providing any PII to any such third party, Participants should inform themselves of the privacy policies and practices (if any) of the third party responsible for that group or application, and should take those steps necessary to, in those Participants’ discretion, protect their privacy.

Third-Party Service Provider Terms

We rely on various third-party service providers to help the Company function, and each sets forth its own privacy policy and terms of use that governs Your use of Our services and the collection and use of Your PII.

By participating in Our services, You agree to the privacy policies of these providers (provided below), which may change at any time. 

Customer Management

We may use the following Providers for customer management:

Acuity Scheduling (Squarespace Scheduling)
Their Privacy Policy can be viewed at: 
https://www.squarespace.com/privacy
Coaching clients may register for an account through Acuity Scheduling for ease of payments and scheduling. Doing so does not provide Us with any PII. Any PII You submit therein is governed by Squarespace’s Privacy Policy.

Mailchimp
Their Privacy Policy can be viewed at:
https://mailchimp.com/legal/privacy/

Content Curation

We may use the following Providers for content sharing:

Google Drive
Their Privacy Policy can be viewed at: 
https://policies.google.com/privacy

Analytics

We may use the following Providers to provide aggregated and Non-Personally-Identifying Information about customer use of and traffic through Company hyperlinks and on Company websites, as well as customer interactions with emails from the Company and any hyperlinks included therein. These providers may use cookies to collect this information. This information may include (i) IP address and location (country and city); (ii) referring websites or services; (iii) time and date of each access; (iv) device settings, such as browser type, operating system, and language; (v) cookies and mobile advertising identifiers, (vi) information about sharing on Third Party Services such as Twitter and Facebook, and (vii) customer responses to emails (e.g., opened, forwarded):

Bitly
Their Privacy Policy can be viewed at:
https://bitly.com/pages/privacy

Google Analytics
Their Privacy Policy can be viewed at: 
https://policies.google.com/privacy

Payments

We will not store or collect Your payment or credit card details on Our Website. You provide payment information directly to the payment processor, whose use of Your PII is governed by their own terms of use and privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help to ensure the secure handling of payment information. Though these safeguards are effective, We cannot be held liable for any breaches of security that may occur nor for any financial damages resulting from purchases of Our products.

We may use the following Providers to process payments:

Acuity Scheduling (Squarespace Scheduling)
Their Privacy Policy can be viewed at: 
https://www.squarespace.com/privacy
Coaching clients may register for an account through Acuity Scheduling for ease of payments and scheduling. Doing so does not provide Us with any PII. Any PII You submit therein is governed by Squarespace’s Privacy Policy.

PayPal
Their Privacy Policy can be viewed at:
https://www.paypal.com/us/webapps/mpp/ua/privacy-full

Stripe
Their Privacy Policy can be viewed at:
https://stripe.com/privacy

IF YOU PURCHASE A COACHING SUBSCRIPTION, BY PROVIDING YOUR FINANCIAL INFORMATION TO ACUITY SCHEDULING (SQUARESPACE SCHEDULING), PAYPAL, OR STRIPE, YOU CONSENT TO AUTOMATIC PAYMENTS OF YOUR CHOSEN FEE EVERY MONTH. The subscription fee will be billed at the beginning of Your subscription or expiration of Your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until You cancel Your subscription or the account or service is otherwise suspended or discontinued, which changes shall become effective at the start of the next thirty (30)-day billing cycle. You may review or change any applicable subscriptions, including their renewal date and payment method, by registering for an account through Acuity Scheduling using the link found on any appointment confirmation page after scheduling an appointment, then logging back in via that same page or via https://app.squarespacescheduling.com/client-login.php?owner=25569488. Once logged in, You may cancel Your subscription by clicking on the link to Your subscription, then clicking the “Cancel” button on the next web page. You may also navigate to the latter page by clicking the “Change or cancel subscription” link in Your order receipt email. You may also cancel by sending written request to help@cortexevolution.com.

We reserve the right to change the terms of Your subscription, including price, from time to time, effective as of the beginning of Your next billing period following the date of the change. If We change the subscription fee or other charges for Your subscription, We will give You advance notice of these changes. However, We will not be able to notify You of changes in any applicable taxes.

HIPAA Disclaimer

The Company is not represented to be compliant under the Health Insurance Portability and Accountability Act (“HIPAA”) and You may not submit protected health information under HIPAA to the Company or the Group. You are solely responsible for not submitting medical, health, or other health-related sensitive information to the Company or the Group.

Governing Law


This Privacy Policy is governed by Utah law. If a dispute arises under this Privacy Policy, We agree to submit the dispute to binding arbitration in Salt Lake City, Utah, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party. THE PARTIES HEREBY ACKNOWLEDGE THAT THEY ARE WAIVING THEIR RIGHT TO A TRIAL BY JURY WITH RESECT TO ANY DISPUTE RELATED TO THIS AGREEMENT.

BINDING ARBITRATION OF CLAIMS

In the event there is an issue, We want to make the resolution process as quick and efficient as possible. You agree to first discuss the issue informally with Us for at least thirty (30) days. To do so, please send Your full name, username (if applicable) and email address associated with Your Account, Your concern, and Your proposed solution by email to help@cortexevolution.com. If We would like to discuss an issue with You, We will contact You using the email address You provided in association with Your Account.

If We do not reach an agreed-upon solution after discussions for at least 30 days, You agree that any and all claims that either of Us may have arising out of or relating to: (1) this Privacy Policy, Our Terms of Use, Our Coaching Agreement, or Our Group’s Community Guidelines, (including formation, performance, or breach of the terms, and including the scope and enforceability of this arbitration provision), (2) any aspect of Our relationship with each other; and (3) use of the Group or any other services provided by the Company must be resolved through binding arbitration before the American Arbitration Association (“AAA”) or an otherwise mutually agreed upon arbitration provider.

The Company shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the content and use or performance of the Group or other Company services, or for any content, software, products and services made available or obtained through the Group or the Company, or their associated services or products, whether based on contract, tort, negligence, strict liability or otherwise.

Any services or content made available or obtained through the use of the Company services and all other use of the Company services is done at Your own discretion and risk and You will be solely responsible for any damages, including, but not limited to, Your computer system or loss of data that results therefrom.

Each party shall pay its own attorneys’ fees and costs arising out of the arbitration and shall pay an equal share of the fees and costs of the arbitrator and AAA (or the mutually agreed upon arbitration provider); however, the arbitrator may award the prevailing party reimbursement of its reasonable attorneys’ fees and costs and/or other fees and costs of the arbitrator.

The arbitrator shall issue a written award within fifteen (15) days after the conclusion of arbitration which describes the material factual findings and conclusions that the award is based upon, including the calculation of damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the award being issued. Judgment of the award may be entered by any court of competent jurisdiction. 

BY AGREEING TO THIS BINDING ARBITRATION CLAUSE, YOU UNDERSTAND THAT YOU ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS WHICH MAY BE AVAILABLE TO YOU IF A CLAIM OR DISPUTE WERE DETERMINED BY THE COURT SYSTEM, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SEEK OR OBTAIN CERTAIN TYPES OF DAMAGES WHICH ARE PRECLUDED BY THIS ARBITRATION PROVISION, THE RIGHT TO A JURY TRIAL, CERTAIN RIGHTS OF APPEAL, THE RIGHT TO BRING A CLAIM AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE RIGHT TO INVOKE FORMAL RULES OF PROCEDURE AND EVIDENCE.

PRIVACY POLICY CHANGES

The Company may, at its sole discretion, change this Privacy Policy from time to time. Any and all changes to the Company’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Your continued participation in the Group or other Company services following the posting of changes to these terms will mean You accept those changes. The Company may, as determined in its discretion, decide to notify Participants of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that Participants always maintain and update their contact information. Nonetheless, Participants should regularly check this page for any changes to this Privacy Policy.

CONTACT

If You have any questions regarding Our Privacy Policy, please contact Us at:

Cortex Evolution, LLC
Email: help@cortexevolution.com
Phone: 385-250-8930

If You would like to report a complaint or if You feel that the Company has not addressed Your concerns, You may contact the Utah Consumer Protection Division at https://consumerprotection.utah.gov/.

Copyright 2022, Cortex Evolution, LLC. All rights reserved.
______________________




***TERMS OF USE***
______________________

Version Date: June 29, 2022

In short:

We at Cortex Evolution, LLC run this site and are excited to have you visit it. This site, the products and services sold on it, and the discussion forums contained within are all designed to educate and elevate, and we encourage you to participate freely. However, please be responsible in anything you write and be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content).

Terms of Use and Services

The following terms and conditions govern all use of the www.cortexevolution.com website, its subdomains, and all content, services and products available at or through the website, including, but not limited to, associated blogs, videos, forums, books, courses, trainings, live events, downloadable materials, and websites, (taken together the “Website” or “Site”) and any mobile application that we may make available to you now or in the future (the “App”), together hereafter referred to in these Terms of Use as “Cortex Evolution”, “Company”, “us”, “our” or “we”. Cortex Evolution, LLC is a Utah Limited Liability Company. Unless otherwise specified, all references to our services (the “Service” or “Services”) include the content, services and products available through the Cortex Evolution Website or App, as well as any software that Cortex Evolution provides to you that allows you to access the Services. The term “user”, “you” or “your” refers to the user of the Service, including visitors that do not register for an account. The following Terms of Use are a legally binding contract between you and Cortex Evolution regarding your use of the Service.

Please read the following Terms of Use (“Terms” or “Agreement”) carefully before accessing or using any of the Services. Each time you access or use our Services or purchase something from us, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms of Use and our Privacy Policy whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use our Service.

In addition, certain areas of the Service may be subject to additional Terms of Use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Use applicable to such areas. In the event that any of the additional Terms of Use governing such area conflict with these Terms, the additional terms will control.

You acknowledge and agree that, regarding the Strive Hive, Cortex Evolution is only a facilitator of user-to-user interactions and is not a party to any relationship, association or affiliation with or between users of our platform. Cortex Evolution does not endorse users of our Services and has no control over their actions, comments, communications or posted user content as hereinafter defined. It is the sole responsibility of the users of our Services whether or not to communicate, text, call, video chat, share user content or in any other way engage one another through our Services. You should always exercise responsibility, due diligence and care when deciding whether or not to do so. You agree that the use of our Services is at your sole risk and by using the platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those individual users or other third parties and not Cortex Evolution. You agree not to attempt to impose liability on, or seek any legal remedy from, Cortex Evolution with respect to such user actions or omissions.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AS WELL AS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT IMPACTS YOUR RIGHTS FOR DISPUTE RESOLUTION. PLEASE READ THESE SECTIONS CAREFULLY IF YOU LIVE IN THE UNITED STATES. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Description of Service

A. Cortex Evolution includes a virtual coaching service, self-improvement resources, and a social support network (the “Strive Hive”) for people who want to make positive changes to their lives. Strive Hive users can be algorithmically paired with other users as partners and/or small groups (collectively, “Partners”), at which time their basic information is shared with each other, including names, email addresses, time zones, desired Partnership activities, and what sort of skills or attributes they wish to improve. If both users accept, they become Partners, after which they may also wish to share phone numbers and video chat information with each other.

B. Cortex Evolution reserves the right to modify or discontinue the Services or any feature or functionality thereof at any time without notice to you and without any liability to you. All rights, title and interest in and to the Services and its components (including all intellectual property rights) will remain with and belong exclusively to Cortex Evolution. Any modifications and new features added to the Service are also subject to this Agreement.

2. Eligibility for Our Services
By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. If you enter a birth date or other indication that you are not old enough to own a Cortex Evolution account, your account may be disabled. Persons who are at least 13 years of age (or 16 years of age in the European Union “EU”) but under the age of majority may only use our coaching services, not our Strive Hive services, and only after receiving legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. Furthermore, if you join the Strive Hive, you represent and warrant that you have never been convicted of a felony, and that you are not required to register as a sex offender with any government entity. If you are using our Services on behalf of a company or other organization, you also represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

3. Purchases and Payments
Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

4. Money-Back Guarantee & Installment Plan

A. Buyers of non-downloadable digital goods such as online courses or books are entitled to a 30-day, 100% money-back guarantee. Our coaching packages may be eligible for partial refunds requested within 30 days of purchase; the refunded amount shall be limited to only the proportion of coaching minutes that have not yet been redeemed. All other services, such as downloadable digital goods, individual coaching calls, subscriptions, coached courses, hybrid synchronous/asynchronous programs, or group memberships, are generally ineligible for refunds under any circumstances. If for any reason whatsoever you decide you would like a refund for a non-downloadable digital good or coaching package purchased within the last 30 days, you may email us at help@cortexevolution.com and Cortex Evolution will offer you a full refund or partial refund, respectively. Should you choose to request a refund, you will be removed from any courses or programs, and will no longer have access to any of the materials contained within. Cortex Evolution will not pay interest on any amounts held.

B. Should you be currently enrolled in an ongoing installment plan at the time you request a refund, your future payments may be canceled, resulting in revoked access to our Services and materials. Failure to complete each one of the predetermined amounts of payments in the installment plan on schedule will result in revoked access to the entirety of the course materials. After the initial 30-day money-back guarantee window, all installment plan payments are final and non-refundable. No exceptions will be made.

5. Accounts and Registration

A. You may register for the Strive Hive simply by completing the intake form. Use of Cortex Evolution Services and Website that are associated with the Strive Hive is free to all users; however, we reserve the right to convert the Strive Hive to a paid subscription service at any time and without notice to you.

B. If you are a coaching client, you may register for a basic account through our scheduling platform, Acuity Scheduling (Squarespace Scheduling), in order to make payments and scheduling easier, which account is governed by their Privacy Policy and Terms of Service. The link to do so may be found on the appointment confirmation page after scheduling an appointment.

C. To access certain features of the Site, we may ask you to provide certain personal information, such as your name, date of birth, gender, e-mail address, phone number, time zone, zip code, country, interests, goals, preferences, company name or other personal information). In addition, if you elect to sign-up for a particular feature of the Site, such as the Strive Hive, newsletters, chat rooms, web logs, bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information (all “Your Information”) such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy which you may access here.

6. Account Management

A. Keep Your Passwords Secure. To use certain features of our Services, you will need a username and password, which you will decide when you register. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

B. Keep Your Details Accurate. Cortex Evolution may send notices to the email address or text messages to your mobile phone registered with your account. We may also call you from time to time. You must keep your email address, mobile phone number and, where applicable, your contact details and any payment details associated with your account current and accurate.

C. You can cancel your accounts at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.

D. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.

7. No Guarantees or Endorsements

You acknowledge that:

A. Cortex Evolution does not guarantee that you will be matched with a compatible Strive Hive partner, or any partner at all.

B. Cortex Evolution does not intervene in any relationship or dispute between users.

C. Cortex Evolution does not endorse or recommend any particular user and we do not independently verify their representations about their qualifications, their background or their identities. It is the sole responsibility of each party to evaluate the user they interact with and their qualifications.

D. Cortex Evolution does not monitor, endorse, bear any responsibility for, or make any representation regarding any content generated or shared by any Strive Hive users, including materials, content, or suggestions shared or taught in any user-led classes. Any opinions expressed in the Strive Hive by its participants are solely the opinions of the participants and do not reflect the opinions of Company.

E. Cortex Evolution has no obligation whatsoever to monitor any interactions between users of our Services. Notwithstanding the foregoing, you acknowledge and agree that Company has the absolute right to review the same at its sole discretion. Specifically, but without limitation, we reserve the right to review saved written messages, pictures or recorded audio or video interactions between Strive Hive members in order to resolve complaints or security issues.

8. Information Accuracy

A. We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service.

B. Furthermore, information on the Service may contain typographical errors or omissions. We reserve the right to correct or make changes in such information without notice.

9. Your Access and Use of Our Services

A. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.

B. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

C. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

D. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.

E. Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Cortex Evolution shall not, under any circumstances, be liable in any way for any User Content.

F. You understand that Cortex Evolution may issue upgrade versions of any mobile App that we may provide, and you consent to receiving automatic upgrades on your mobile device.  You also acknowledge and agree that standard carrier data charges may apply to your use of the Service including, without limitation, text messages.

G. You shall not use any communication systems provided on our Services, including, without limitation, email, chat, text, and video calls, for any commercial or solicitation purposes.  You shall not solicit for commercial purposes any users of our Services without our prior written permission.

H. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.

10. Suspension and Termination

A. We reserve the right to modify, limit, suspend, or terminate part or all of the Services, any user account, or your access to the Website for any reason, without notice, at any time, without liability to you, effective immediately. These actions may occur if you fail to comply with these Terms or the Privacy Policy or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.

B. Cortex Evolution may also suspend providing the Services to you if we are investigating suspected misconduct by you. Cortex Evolution will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.

C. Users who have been terminated or suspended will not be eligible for a refund of any payments of any kind for the termination or the period of suspension.

D. If you wish to terminate this Agreement, you may simply discontinue using the Website.
e. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Proprietary Rights
As between Cortex Evolution and you, Cortex Evolution or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services are transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Cortex Evolution.

12. Intellectual Property

A. Our names, graphics, videos, logos, page headers, button icons, scripts, and product and service names are our trademarks or trade dress in the United States and/or other countries (collectively the “Proprietary Marks”), and are owned by Cortex Evolution. You may not use the Proprietary Marks without our prior written permission.

B. The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all audio files, text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.

C. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Listening, viewing, reading, printing, downloading or otherwise using Our Content does not entitle you to any ownership or intellectual property rights to Our Content or any software.

D. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.

E. You are solely responsible for any damages resulting from your infringement of our, or third-parties, intellectual property rights regarding the Trademarks, Our Content, our software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

13. Use of Our Content

A. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

B. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

14. User Content Rights and Related Responsibilities; License

A. “User Content” means, without limitation, any messages, texts, chats, reviews, comments, feedback, suggestions, advice, digital files, images, photos, personal profile, artwork, videos, audio and documents, or any other content you upload, transmit or otherwise make available to Cortex Evolution and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and agree to indemnify Cortex Evolution and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.

B. You hereby grant Cortex Evolution an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or our Services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to we from their creation. Thus, we shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to us all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by us. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

C. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.

D. You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.

E. Cortex Evolution expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss.

F. You are solely responsible for your User Content, including, without limitation, reviews, comments, and feedback, and any damages suffered by Cortex Evolution resulting therefrom.

G. Cortex Evolution may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.

H. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

I. User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.

J. Cortex Evolution has no control over User Content once posted, and it is possible that visitors to the Site or App may copy User Content and repost it elsewhere.

K. By making User Content available, you further represent and warrant that:

i. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

ii. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

iii. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

iv. your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

v. your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

vi. your Content is not offensive, inaccurate, incomplete, abusive, obscene, profane, intimidating, harassing, racially offensive, illegal, libelous, defamatory, or discriminatory against any group; does not contain threats or incite violence towards individuals or entities; does not violate any applicable laws or rules; and does not violate the privacy or publicity rights of any third party;

vii. you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by this Website;

viii. your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

ix. your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

x. your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own;

xi. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Cortex Evolution, or otherwise; and

xii. Your content does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

15. Copyright and Intellectual Property Policy

A. We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

B. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

C. Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: help@cortexevolution.com. 

16. Guidelines for Reviews
Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

17. Interruption of Service
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. You agree that we will not be liable to you, or to any third party, for any interruption of the Services or any part thereof.

18. Site Management

We reserve the right but do not have the obligation to:

A. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

B. at Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;

C. at Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;

D. otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.

19. Software

A. If you receive software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the software.

B. Any license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Cortex Evolution, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.

C. We may automatically check your version of the software. We may also automatically download to your device or computer new versions of the software.

D. Any software is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then promptly uninstall the software, or we may disable it. You must not work around any technical limitations in the software.

E. The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or Service without U.S. government permission to anyone on U.S. government exclusion lists. You represent and warrant that you’re not on any of those lists or under the control of, or an agent for, anyone on those lists.

20. Electronic Communications

A. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS, “Push Notifications” to your device (by text or email) or by posting notices on our Services.  When you use our Services, you consent to communicating with us electronically and receiving the Push Notification messages.

B. You and other users may choose to communicate by electronic means, including, chat, text, SMS and video conference.  When you invite, or accept an invitation from, another user to communicate in this manner, you consent to communicating with them electronically.

C. Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify.

D. 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. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.

21. Marketing, Privacy, and Your Personal Information
Cortex Evolution may offer you the opportunity to receive marketing emails or other promotional materials via email newsletter, phone, or SMS. By submitting your contact information anywhere on our Website, whether via opt-in or via purchase, you agree to receive marketing content, free educational content, affiliate promotions, and other related marketing materials until such time as you clearly and explicitly “unsubscribe” using the attached link in each email or by sending written request to help@cortexevolution.com. For more information about how we treat and protect your personal information, visit our Privacy Policy at https://cortexevolution.com/privacy-policy/. You agree to the use of your data in accordance with Cortex Evolution’s Privacy Policy.

22. Security

A. Violating the security of our Services is prohibited and may result in criminal and civil liability. Cortex Evolution may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

B. Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

23. Law Enforcement

A. Cortex Evolution is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Cortex Evolution receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.

B. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure of Customer Communications or Records), Cortex Evolution may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Cortex Evolution will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.

24. Disclaimers; No Warranties

A. ALL SERVICES AND PRODUCTS AVAILABLE FROM CORTEX EVOLUTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. CORTEX EVOLUTION AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “CORTEX EVOLUTION PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) YOU WILL BE MATCHED WITH A COMPATIBLE PARTNER, OR ANY PARTNER AT ALL, OR (IV) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.

C. YOU AGREE THAT CORTEX EVOLUTION IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE WEBSITE OR SERVICES AND IS NOT LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICE.

D. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE OR APP MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE OR APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.

E. THE CORTEX EVOLUTION PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

F. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.

G. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

H. FURTHER DISCLAIMERS:

i. The Service may contain features, services and functionalities linking you to, or providing you with access to third party services and content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, courses, services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services, and we do not endorse and are not responsible or liable for any content, advertising, courses or other materials on or available from such sites or resources. When you visit or use a third party’s website, you agree to read and consent to the third party’s Terms of Service and Privacy Policy and you release us from any liability whatsoever.

ii. There is no guarantee that you will get any result or financial gain from using any Company Services or employing any of the techniques and ideas suggested by the Company. Examples in these materials should not be interpreted as a promise or guarantee of results. Results are entirely dependent on the person using our products, ideas and techniques. We do not claim any of our Services to be a “quick fix.”

iii. Company may provide or create materials which contain information that includes or is based upon forward-looking statements, as defined by the Private Securities Litigation Reform Act of 1995. Forward-looking statements may include, but are not limited to, estimations or forecasts of future events. Such statements are identified by the fact that they are not strictly based on historical or current facts. They use words such as “anticipate,” “project,” “intend,” “plan,” “estimate,” “expect,” “believe,” and similar terms in association with a description of potential results. Any and all forward looking statements on any Company platforms are intended to express our opinion of potential results, but many factors will work together to determine your actual results. Company makes no guarantees that you will achieve results similar to Company’s or anybody else’s. Further, Company makes no guarantees that you will achieve any results from any ideas, techniques, strategies, or methods which Company presents or from any activities in which you participate.

25. Health and Mental Health Disclaimer

A. This Website (and its associated Content, Facebook communities, email lists, and other properties) provide general information and discussions about health, mental health, and related subjects. The information and other content provided on the Website, in any linked materials, or in any Content whatsoever provided by Cortex Evolution, are not intended and should not be construed as medical advice, mental health advice, nor professional counseling. The information is not a substitute for professional medical expertise or treatment, nor for professional therapy or mental health counseling.

B. Certain activities, exercise regimens, dietary plans, or supplementation programs may not be suitable for everyone. Cortex Evolution accepts no responsibility for any health consequences or loss of life that result from the use of this Website. Before trying out any of the recommendations on this Website, you should consult with your health care provider. Never disregard professional medical advice (or mental health advice) or delay in seeking it because of something that you have read on this blog or in any linked materials. If you think you may have a medical emergency, call your doctor or emergency services immediately. If you are experiencing a mental health crisis, call a qualified therapist, mental health hotline, or emergency services immediately.

26. Safety and Responsible Interaction with Others

A. You are solely accountable and liable for your own safe and responsible interaction with other users of the Cortex Evolution Services. You are solely responsible for determining the identity, suitability and for your interactions with the people you choose to engage with through the Service, and outside the Service.

B. You understand that we currently do not conduct any background checks including, but not limited to, criminal, financial, sex offender or any other background checks or screenings. We make no representations or warranties as to the conduct of the people you choose to interact with.

C. While not obligated to do so, Cortex Evolution reserves the right at its sole discretion to conduct any criminal or other background check or screenings at any time and using available public records.

D. YOU ASSUME ALL RISK WHEN USING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE (IN-PERSON) PERSONAL INTERACTIONS WITH OTHERS.

E. IN NO EVENT SHALL CORTEX EVOLUTION , ITS EMPLOYEES, CONSULTANTS, EXECUTIVES OR OFFICERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF A USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THEFT, BODILY INJURY, EMOTIONAL DISTRESS, DEATH AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH, CONTACT WITH OR PERSONAL INTERACTION WITH OTHER USERS.

F. CORTEX EVOLUTION DOES NOT MAKE ANY GUARANTEE, EITHER EXPRESS OR IMPLIED, REGARDING YOUR COMPATIBILITY WITH ANY OTHER USERS YOU MEET THROUGH THE SERVICE.

27. Release

A. By using the Services, you release and forever discharges Company and its affiliates, successors, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, known or unknown, including, without limitation, death or any emotional or physical harm (hereafter, “Claims”), which you have or ever had or may in the future have against Company or any of the Released Parties arising out of or relating to your use of the Website, the Services, or any Company products.

B. This release shall not be in any way construed as an admission by Company that it has acted wrongfully with respect to you or any other person, that it admits liability or responsibility at any time for any purpose, or that you have any rights whatsoever against Company.

C. This release shall be binding upon the parties and their respective heirs, administrators, personal representatives, executors, successors and assigns. You have the authority to release the Claims and has not assigned or transferred any Claims to any other party.

D. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

28. Limitation of Liability

A. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

B. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.

C. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.

D. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF $100 IN THE AGGREGATE FOR ALL CLAIMS OR THE TOTAL AMOUNT OF FEES PAID BY YOU TO CORTEX EVOLUTION DURING THE ONE (1) YEAR PERIOD PRIOR TO THE CAUSE OF ACTION, WHICHEVER IS SMALLER.

E. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

F. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

29. Indemnity

A. You agree that you will be personally responsible for your use of the Service and any products you purchase from us, or through our Service; and you further agree to indemnify, defend and hold harmless Cortex Evolution and its directors, officers, affiliates, members, agents, employees, successors and assigns from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service or the products you purchase through the Service; (ii) your violation of these Terms of Use or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or serious emotional harm, to you or any third party resulting from your use of the Services or products purchased though the Service.

B. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

30. Governing Law
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Utah in and for the County in which Cortex Evolution has established its principal office.

31. Our Remedies
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

32. Governing Law

This Privacy Policy is governed by Utah law. If a dispute arises under this Privacy Policy, we agree to submit the dispute to binding arbitration in Salt Lake City, Utah, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party. THE PARTIES HEREBY ACKNOWLEDGE THAT THEY ARE WAIVING THEIR RIGHT TO A TRIAL BY JURY WITH RESECT TO ANY DISPUTE RELATED TO THIS AGREEMENT.

33. BINDING ARBITRATION OF CLAIMS

A. In the event there is an issue, we want to make the resolution process as quick and efficient as possible. You agree to first discuss the issue informally with Us for at least thirty (30) days. To do so, please send your full name, username (if applicable) and email address associated with your account, your concern, and your proposed solution by email to help@cortexevolution.com. If We would like to discuss an issue with you, we will contact you using the email address you provided in association with your account.

B. If We do not reach an agreed-upon solution after discussions for at least 30 days, you agree that any and all claims that either of us may have arising out of or relating to: (1) our Privacy Policy, this Terms of Use, our Coaching Agreement, or our Strive Hive’s Community Guidelines, (including formation, performance, or breach of the terms, and including the scope and enforceability of this arbitration provision), (2) any aspect of our relationship with each other; and (3) use of the Strive Hive or any other services provided by the Company must be resolved through binding arbitration before the American Arbitration Association (“AAA”) or an otherwise mutually agreed upon arbitration provider.

C. The Company shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the content and use or performance of the Strive Hive or other Company Services, or for any content, software, products and services made available or obtained through the Strive Hive or the Company, or their associated services or products, whether based on contract, tort, negligence, strict liability or otherwise.

D. Any services or content made available or obtained through the use of the Company Services and all other use of the Company Services is done at your own discretion and risk and you will be solely responsible for any damages, including, but not limited to, your computer system or loss of data that results therefrom.

E. Each party shall pay its own attorneys’ fees and costs arising out of the arbitration and shall pay an equal share of the fees and costs of the arbitrator and AAA (or the mutually agreed upon arbitration provider); however, the arbitrator may award the prevailing party reimbursement of its reasonable attorneys’ fees and costs and/or other fees and costs of the arbitrator.

F. The arbitrator shall issue a written award within fifteen (15) days after the conclusion of arbitration which describes the material factual findings and conclusions that the award is based upon, including the calculation of damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the award being issued. Judgment of the award may be entered by any court of competent jurisdiction. 

G. BY AGREEING TO THIS BINDING ARBITRATION CLAUSE, YOU UNDERSTAND THAT YOU ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS WHICH MAY BE AVAILABLE TO YOU IF A CLAIM OR DISPUTE WERE DETERMINED BY THE COURT SYSTEM, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SEEK OR OBTAIN CERTAIN TYPES OF DAMAGES WHICH ARE PRECLUDED BY THIS ARBITRATION PROVISION, THE RIGHT TO A JURY TRIAL, CERTAIN RIGHTS OF APPEAL, THE RIGHT TO BRING A CLAIM AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE RIGHT TO INVOKE FORMAL RULES OF PROCEDURE AND EVIDENCE.

34. Statutory Rights; Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.

35. Amendments to this Agreement
Cortex Evolution reserves the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services.  Such new features and/or services shall be subject to the terms and conditions of this Agreement. It is your responsibility to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement.  If any amendment to these Terms is unacceptable to you, you shall cease using this Site or App. Your continued access and use of our Website and Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

36. Assignability
Company may assign any or all of its rights and obligations to others at any time.

37. Severability
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

38. No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

39. Entire Understanding
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede any and all prior oral or written agreements agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at help@cortexevolution.com.


Copyright 2022, Cortex Evolution, LLC. All rights reserved.
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