A. USE OF WEBSITE

These Terms of Service ("Terms of Service," or "Agreement") between you ("you", "Member," "User" or "your") and Cognitive Media ("Cognitive Media," "We," "Us," or similar terms) set out the terms of your use of this Cognitive Media website (“Website”) and your participation in the Brain Bucks Program (“Program”). If you do not agree to all the terms and conditions of this Agreement, you must not use the Website, and you must not participate in the Program. Cognitive Media reserves the right to revise any or all of these terms and conditions at any time, from time to time. Amendments are effective and binding upon being published on this Website page.

User must comply with all applicable laws and regulations as they relate to the use of this Website, participation in the Program, or relations with Cognitive Media. These Terms of Service shall remain in full force and effect while you use the Website.

B. DESCRIPTION OF SERVICES

Upon the registration and creation of an account with the Program, you can access all cognitive tracking features, games and other materials and services that may be provided by Cognitive Media. Cognitive Media reserves the right to extend or change the number or type of services at any time.
The Program allows you to earn points ("Brain Bucks") for every minute of play. Points are accumulated separately for each specific cognitive function, and they expire after 60 days. When you have accumulated more than 600 unexpired points in a specific cognitive function, you will be credited with Brain Bucks. Brain Bucks may be redeemed any offered and available gift.
Brain Bucks are not real money, have no cash value, and can only be used to redeem for an offered and available gift in this Program. Cognitive Media reserves the right to change any aspect of the Program, including the threshold value for Brain Bucks exchange, and the period of expiry at any time.

C. CONDITIONS FOR PARTICIPATION

To participate in the games offered on the Website, you must accurately complete the registration process providing all the requested information correctly and entirely.

1. Member Information
All information provided by Member must be valid, correct, and up-to-date information. Member must be at least 18 years of age, a living individual, and not a corporation or any other fictitious person. Member must reside at a valid mailing address.
All mailing addresses must be real street addresses, located in the United States (APO/FPO addresses, P.O. Boxes, Guam, Puerto Rico, Virgin Islands, and other U.S. territories are excluded). The Program and your account shall be void wherever regulated or prohibited by any applicable law.
Cognitive Media will only send one gift card to any user in any given month.
2. Duplicate Accounts
There shall only be one account per person with Cognitive Media. Creating more than one account shall result in the termination of all of your accounts.
Cognitive Media reserves the right to refuse you as a member at the outset or at any time without notice or justification.
3. Responsibilities of Member
Member is solely responsible for keeping Username and Password confidential and secure. You are responsible for all actions taken by anyone using your account who has gained access to your account using your login information (with or without your consent). You are therefore advised to change any password regularly.
4. Account Termination
You may terminate your account at any time for any reason and without warning or notice. Cognitive Media reserves the right to terminate your account at any time, for any reason and without warning or notice. If you are caught cheating or violating the terms of the Program in any way, your account will terminate without notice. Due to the proprietary nature of our monitoring system, we are not able to disclose any detailed information or discuss the reason. Deletion of your account, whether by you or by Cognitive Media shall result in forfeiture of all account balances and any requested or pending transactions.
5. Regaining Membership
If your account is terminated, you may not join Cognitive Media again without our express permission. If you wish to rejoin the Program, contact us by e-mail at services@cognitiveme.com.
6. Website and Program Termination
Cognitive Media may discontinue or terminate all or any part of the Program or Website at any time. It is your responsibility to check on your account. If all or part of the Program is terminated, you have 30 days to send a self-addressed stamped envelope to the address below in order to obtain a Gift Card for a fractional redemption of your unexpired points.
User Services
c/o Cognitive Media
405 Forest Drive
Cedar Rapids, IA 52403

D. FRAUD PREVENTION

If Cognitive Media suspects that Member is offering, promoting or using any unauthorized third party software or services used to “auto-click,” “auto-surf,” or circumvent or defraud Cognitive Media, your account will terminate without notice. All decisions are final. Legal action may also be initiated.

E. LINKS TO THIRD-PARTY SITES

Cognitive Media may provide links to third-party websites. Third-party material including, but not limited to links to other websites is provided for your convenience. Cognitive Media is not responsible for, and Cognitive Media does not endorse, any element of third-party websites. Activities of third-parties, such as gathering personal information, are not governed by this Agreement.

F. MEDICAL DISCLAIMER

Cognitive Media does not practice medicine or provide medical advice. Neither use of this Website nor participation in the Program constitutes a doctor-patient relationship.

G. COPYRIGHT AND TRADEMARKS

All content, materials, images, and other items on or accessed directly through this website (collectively, the “Content”) belong to Cognitive Media, its third-party licensors, third-party content providers, or third-party advertisers. All rights not expressly granted to you are reserved by Cognitive Media. You have a limited right to use the Content while logged into your account only.

H. PRIVACY AND SECURITY

Cognitive Media uses a variety of security measures to protect the integrity of this Website, as well as account and individual information. However, Cognitive Media can not and does not guarantee absolute security, and Cognitive Media is not responsible for any illegal acts of third parties, including hacking or similar activities.

I. LIABILITY AND WARRANTY

You agree that your exclusive remedy for any dispute with Cognitive Media is to stop using Cognitive Media, the Website, and the Program.
You agree to indemnify and hold Cognitive Media, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Website, (ii) a claim that you, or any third party using your account, infringed any intellectual property or other right of any person or organization using the Website, or (iii) the violation of these Terms of Service by you, or any third party using your account.
THE WEBSITE IS PROVIDED "AS IS" AND “AS AND WHEN AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COGNITIVE MEDIA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, COGNITIVE MEDIA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE WEBSITE. COGNITIVE MEDIA DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COGNITIVE MEDIA OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. COGNITIVE MEDIA AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR DATA. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, COGNITIVE MEDIA AND ITS AFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT OF THE LAW.

Reference to the singular includes the plural, and reference to the plural includes the singular.

These Terms of Service (including the Privacy Policy) constitute the entire agreement between Cognitive Media and you. The terms herein that can continue to operate after you stop using the Website (including under Sections G and I) shall survive after you stop using the Website. Any dispute arising from or related to these Terms of Service will be governed by the laws of the State of Iowa without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in Cedar Rapids, Iowa, and you agree to the personal jurisdiction of those courts for such purposes. The failure of Cognitive Media to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.

© 2009 Cognitive Media, Inc. All rights reserved.