Terms of Service – Cognitive Performance

Disclaimers and limitation of liability – the CognitivePerformance.org site

The CognitivePerformance.org site is provided on an “AS IS,” “as available” basis. Neither Cognitive Performance nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “associates”) warrant that use of the CognitivePerformance.org site will be uninterrupted or error-free. No oral advice or written information given by Cognitive Performance, nor its associates, shall create a warranty. You expressly agree that use of the CognitivePerformance.org site is at your sole risk.

Prices and availability are subject to change without notice. Errors will be corrected where discovered, and Cognitive Performance reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Cognitive Performance will issue a credit to your credit card account in the amount of the charge.

We reserve the right to make changes to the CognitivePerformance.org site and these Terms of Service at any time by updating this posting. By using the CognitivePerformance.org site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.

Disclaimers and limitation of liability – Cognitive Performance services

Cognitive Performance is a sole proprietor company for the purposes of communication and cognitive coaching.

By agreeing to coaching services from Kristin Baker Tebo, from here on referred to as your Coach, you confirm that you have read, understand and agree to the following information:

Coaching services-you will be receiving from your “Coach” are not a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. Your Coach is not acting as a mental health counselor or a medical professional other than a licensed Speech Language Pathologist. Coaching is, at present, an unregulated industry and that my Coach is not licensed by the State of California or any other state. For all legal purposes, the services provided by your Coach will be considered to be provided in the State of California. The client/parent (if client is not 18 years of age) are fully responsible for their own well-being during coaching sessions, and subsequently, including all related choices and decisions for the client.
Coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and should not be used it in place of any form of therapy.
All comments and ideas offered by your Coach are solely for the purpose of aiding you, the client in achieving your defined goals. You have the ability to give your informed consent, and hereby give such consent to your coach to assist me in achieving such goals.
To the extent our work together involves career or business, your Coach is not promising outcomes included but not limited to increased, clientelle, profitability and or business success.
To the extent our work together involves school or academic areas, your coach is not promising outcomes included but not limited to improved grades, improved college admission, improved test scores, improved success living independently.
Your Coach will protect your information as confidential unless stated otherwise in writing. In the case of a need to report child, elder abuse or neglect or threaten to harm you the client or someone else, you understand your Coach is a mandated reporter and understand that necessary actions will be taken. Your confidentiality agreement is limited in this capacity. Furthermore, if your Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires.
You understand that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.

By continuing with coaching services by Kristin Baker Tebo, you will then be agreeing to understanding and confirming the following:

I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated by this agreement. I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.

Copyrights and trademarks

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Cognitive Performance, one of its affiliates or by third parties who have licensed their materials to Cognitive Performance, are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Cognitive Performance and is also protected by U.S. and international copyright laws.

Cognitive Performance and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web site. Access to this Web site does not confer and shall not be considered as conferring upon anyone any license under any of Cognitive Performance’s or any third party’s intellectual property rights.

The Cognitive Performance logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Cognitive Performance and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Payment Policy/Billing/Services

Please note that there may be certain services that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any service for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and the service has been performed. Some situations that may result in your session being canceled including;

If the client or student is not engaging in the process, or the expectations are not realistic with the client’s/student’s level of motivation or readiness to receive support and act on it.
Regular participation is essential to progress. Therefore, an 80% attendance rate for both is required. I reserve the right to terminate services for any client falling below that percentage. Holidays on which I am not working and cancellations made by me do not count against your attendance rate.

Additional Billing and payment information is listed below:

Fees:

Coaching rates are per 60-minute session and rates vary based on learning need and session location. The only possible additional fees would be for materials such as curricular books or items needed to support the client’s learning. If other materials are needed (such as organizing materials, textbooks, or learning materials) for the coaching process, client’s are expected to provide them.

Billing:

Payment is due at time of service per session (via check). You will receive a monthly e- mailed invoice. I do not bill insurance so please check with your insurance company regarding coverage and policy. Please note, coaching is not typically covered by insurance companies.

Applicable law

The CognitivePerformance.org site is created, operated and controlled by Cognitive Performance in the State of California, United States of America. As such, the laws of the State of California will govern these Terms of Service without giving effect to any principles or conflicts of laws. References to Cognitive Performance herein refer to Cognitive Performance, Inc., or their affiliates, subsidiaries and designees as deemed appropriate by Cognitive Performance. To contact Cognitive Performance please submit email to http://kristin@cogntive performance.org

Links to third-party web sites

The CognitivePerformance.org site contains links to other sites. The links are meant to enable access to publicly available information to those who are allowed to the CognitivePerformance.org site only. Cognitive Performance makes no representations whatsoever about any other Web site which you may access through the CognitivePerformance.org site.