Terms of Use & Conditions of Sale

Cogniflex Terms of Use

Sure Science LLC ("Cogniflex", "We" or "Us") maintains this product site (the "Website"), for your personal entertainment, information, and education and to provide information and products for individuals looking for products and services distributed by Cogniflex. This Website is provided to you (collectively, "you" or "your") under these "Terms of Use and Conditions for Sale" and any amendments or supplements to them (collectively referred to as this "Agreement") that may be posted by Cogniflex from time to time.

Your use of this website shall be deemed to constitute your agreement to be bound by the terms and conditions set forth below and your agreement shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. Please read through these terms and conditions carefully before placing your order, and print a copy for future reference.

Privacy Policy

Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference. The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Website or post or order any items from it.

Health Disclaimer

The statements made on this website, as well as any materials or supplements distributed or sold on Cogniflex.com, have not been evaluated by the Food and Drug Administration. Cogniflex products are not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest consulting with a healthcare professional before using any of our products. The results achieved with all products are not typical, and not everyone will experience these results.

Content Disclaimer

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

Cogniflex AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE Cogniflex STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, Cogniflex CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

Purchasing Items on our Website

Cogniflex takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products please note that Cogniflex does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Returns Policy, which is listed in the Website under Customer Service. All items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

Order Acceptance and Shipment

Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization and your form of payment are received, we will promptly locate the item(s) you have ordered to place them in line for shipment. The Website does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website.

Order and Payment Information

If you use the Website or other means to purchase a product, payment must be received by Cogniflex prior to Cogniflex's acceptance of an order, unless otherwise agreed by Cogniflex. All Cogniflex products are subject to sales tax which will be applied to your order total. In the United States, Cogniflex is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Cogniflex is required to follow the rules of each state. Your final order will include the appropriate state and local taxes. Qualifying States include CA, CO, IA, LA, NC, OH and PA. Cogniflex may need to verify information you provide before Cogniflex accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Cogniflex will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Cogniflex expressly conditions its acceptance of your order on your agreement to this Agreement.

In ordering products through the Website or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Cogniflex is registered to you. Cogniflex shall have the right to bar your access to and use of the Website or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Cogniflex, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to this Agreement. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Cogniflex may reject orders where the stated delivery address is outside the United States. Cogniflex will add applicable shipping and handling fees.

Cogniflex reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Website without incurring any obligation to you.

Cogniflex' descriptions of, or references to, products not owned by Cogniflex on and outside of the Website do not imply endorsement of that product, or constitute a warranty, by Cogniflex.

Refund Policy

1. With Cogniflex, you enjoy a 30-day money-back guarantee. If you are not absolutely delighted with your focus and mental energy, you are welcome to return the containers-- even if empty--within 30 days of receipt for a complete refund of your purchase price (less S&H), no questions asked.

2. Customers are restricted to receiving a single refund per product ordered. Repetitive refunds are not permitted unless the product, as delivered to you, is defective. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.

3. In order to process your refund, you must supply us with your name and delivery address. If you provide us with insufficient or incorrect information your refund will be delayed.

4. Once a refund has been approved please allow up to 30 days for the refund to be applied.

5. Depending on the bank that issues the credit card, your refund can take up to 60 days to appear on your credit card statement. If you have any questions about whether a refund has been issued by us, please call Our Customer Service Department.

6. Shipping and handling costs are not refundable.

Shipping Terms

You will be shipped a 1 month, 3 month, or 6 month bottle of Cogniflex depending on the package you choose. Orders are generally shipped within 1-2 business days (Monday through Friday) using UPS shipping. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Cogniflex does not guarantee specific arrival dates or times. Cogniflex does not refund or credit delivery or processing charges for any shipments.

Contacting Customer Care / Billing: You may contact our customer care department by using our toll free phone number. Our Toll Free Customer Care phone number is: 1-800-767-4440.

Once a refund has been approved by Cogniflex, to return your products, place the merchandise in a box with your original invoice and send it to us. If you don't have your original invoice, please make sure to include your name and shipping address, as you believe it appeared on the invoice. Please allow 1 to 2 billing cycles from the day you return your package for your account to be credited.

All returns should be shipped to:

Attention: Cogniflex Returns
PO Box 25380
Santa Ana, CA 92799-5380

Terms of Service

By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Cogniflex makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

Pricing Errors and Omissions

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that Cogniflex reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Cogniflex to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Terms of Use and Conditions of Sale. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by other than electronic means.

Risk of Loss

All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Return Policy

You may return items in accordance with the Returns instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service for assistance.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Cogniflex, ITS SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITE.

Cogniflex HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Your Representations

You hereby represent and warrant that you are age eighteen (18) or older, that you have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products you purchase from the Website will be used for Your personal, non-commercial use, and that you will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Cogniflex has the right to rely upon all information provided to Cogniflex by you, and Cogniflex may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, at or through the Website.

Intellectual Property

The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Cogniflex or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to you by virtue of this Agreement or by your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by you without Cogniflex’s prior written permission.

Website User Conduct and Restrictions

You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with your use of the Website and the content you will not:

Without the express prior written authorization of Cogniflex, you may not:

Termination of Agreement

This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website. Cogniflex reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Cogniflex believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Cogniflex provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.

Links

The Website may provide links to other World Wide Web sites or resources. Cogniflex has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Cogniflex Website. Cogniflex cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Cogniflex Website or third-party content on our sites. Cogniflex does not endorse any of the merchandise, nor has Cogniflex taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Cogniflex does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Cogniflex with respect to such sites and third-party content. Cogniflex strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Cogniflex nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to http://Cogniflex.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Cogniflex.

Force Majeure

Cogniflex shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Cogniflex’s performance.

Indemnity

You agree to defend, indemnify, and hold harmless Cogniflex, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to California’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Cogniflex shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If Cogniflex does not hear from you promptly, Cogniflex reserves the right to defend such claim or suit and seek full recompense from you.

Dispute Resolution by Binding Arbitration

We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by writing to Us at Cogniflex, PO Box 25380, Santa Ana, CA 92799-5380. Cogniflex will contact you by letter to your billing address you provided Us.

Instead Of Suing In Court, We Each Agree To Arbitrate Disputes

We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use and Conditions of Sale, and the Privacy Statement.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows:

No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

No Trial by Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law

You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Cogniflex shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions.

Electronic Communications

The information communicated on the Website constitutes an electronic communication. When you communicate with Cogniflex through the Website or via other forms of electronic media, such as e-mail, you are communicating with Cogniflex electronically. You agree that Cogniflex may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Cogniflex provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Severability

If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.

No Waiver

No waiver of or by Cogniflex shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

Complete Agreement

This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.

Modifications of Agreement

Cogniflex reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Cogniflex does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by Cogniflex in writing, these terms and conditions may not be amended by you.

Your Comments and Concerns

This website is operated by Sure Science LLC, a Wyoming limited liability company, at

PO Box 25380
Santa Ana, CA 92799-53801

1-800-767-4440