The following terms apply to enrollment in classes offered by Cognascents. These terms, along with any applicable license agreement, are the complete agreement between us regarding the courses or educational materials we provide and replace any prior oral or written communications between us. Occasionally, we have offerings with additional or different terms and conditions and these will be provided if necessary.
Cognascents will supply all course materials to you. Course material may be changed at any time without notice.
Cognascents will specify the dates of public classes. Private or on-site classes will be scheduled by mutual agreement. We may cancel any scheduled classes on notice. If we cancel a class for which you have prepaid, we will refund the price of the course.
Prices and Payment
Prices for public classes will be those in effect on the date course participation is purchased. Prices include the cost of Cognascents’ time and the course materials. They do not include travel and subsistence expenses outside of what is offered in the course description. Lunch will be provided for any course exceeding four hours. Prices are subject to change.
Prices for private or on-site courses will be established based on your requirements. Additional charges for instructor travel and subsistence may apply.
Payment will be made based on the specifications of the invoice provided. You agree to pay amounts due, including applicable taxes and late fees. For public training courses, payment is due on or before the first day of class.
Cancellation of a public course attendance will result in the following:
|Cancellation 0 to 14 days before course
|Forfeiture of 100% of course fee
|Cancellation 15 to 21 days before course
|Forfeiture of 10% of course fee
|Cancellation 22 days or more before course
|Full refund of course fee
Cognascents reserves the right to cancel any course with fewer than 10 attendees with a one week notice. All registrants will be given a full refund of the course fee. Cognascents will not be responsible for any travel costs incurred to participate in the training.
Cancellation of private or on-site courses will follow the same fee forfeiture structure unless otherwise agreed to.
Patents and Copyrights
If a third party claims that the education materials we provide to you infringe that party’s patent or copyright, we will defend you against that claim at our expense and pay all costs, damages, and attorney’s fees that a court finally awards, provided that you:
- Promptly notify us in writing of the claim; and
- Allow us to control, and cooperate with us in, the defense and any related settlement negotiations.
If such a claim is made or appears likely to be made, you agree to permit us to enable you to continue to use the education materials, or to modify or replace them. If we determine that none of these alternatives is reasonably available, you agree to return the education materials to us on our written request. We will then give you an appropriate credit for the returned materials.
This is our entire obligation to you regarding any claim of infringement.
We have no obligation regarding any claim based on your modification of education materials.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Limitation of Liability
Circumstances may arise where, because of a default on our part or other liability, you are entitled to recover damages from us. In each such instance, except for the payments referred to in our patent and copyright terms described above, we are liable only for the charges for the class or education material that is the subject of the claim.
This limit also applies to any of our subcontractors. It is the maximum for which we are collectively responsible
Items for which we are not liable
Under no circumstances are we or our subcontractors liable for any of the following:
- Third-party claims against you for losses or damages (except as described above in the section entitled “Patents and Copyrights”);
- Loss of, or damage to, your records or data; or
- Special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if we are informed of their possibility
THERE ARE NO EXPRESS WARRANTIES EXCEPT THOSE CONTAINED HEREIN OR IN ANY APPLICABLE LICENSE AGREEMENT. THERE ARE NO IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY AS TO RESULTS TO BE ATTAINED BY ATTENDING OUR CLASSES OR USING OUR EDUCATION MATERIALS.
Changes to this agreement
From time to time, Cognascents may amend or update this agreement. Such modifications will apply to all those that sign up for a course after the effective date of the change. Any additional or different terms and condition supplied by you will be considered void.
- You agree not to copy our copyrighted material without our prior written consent.
- You agree not to use recording equipment in our classes without our prior written consent.
- You agree not to use our trademarks, trade names, or other designations in any promotion or publication without our prior written consent.
- You agree not to assign, or otherwise transfer your rights under this Agreement without our prior written consent. Any attempt to do so is void.
- Neither of us is responsible for failure to fulfill any obligations due to causes beyond its control.
- Neither of us will bring a legal action (under this Agreement) more than two years after the cause of action arose.
- Any terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assignees.
- The laws of the State of Texas govern this Agreement.