Version Date: June 29, 2022
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).
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 [email protected] 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.
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
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
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
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: [email protected].
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.
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
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:
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.
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.
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
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 [email protected]. 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.
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.
Company may assign any or all of its rights and obligations to others at any time.
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
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at [email protected].
Copyright 2022, Cortex Evolution, LLC. All rights reserved.