Welcome and thank you for your interest in CogitActive. Cogitactive.com, together with all other subdomains thereof (collectively, the “CogitActive Sites”) are owned and operated by Alexandre Seillier. Access to and use of the CogitActive Sites or any services, features and/or content provided by the CogitActive Sites (together with the CogitActive Sites, the “Services”) is subject to these Terms of Use. This is a legally binding agreement between you and Alexandre Seillier (hereinafter: “Alexandre Seillier”, “CogitActive”, “we”, “our”, or “us”); this legal agreement is referred to below as the “Terms”.
By browsing the CogitActive Sites, accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and that you are legally able to enter into this agreement. If you do not agree with any of these Terms, you are not authorized to use any Services (including the CogitActive Sites).
From time to time, we may change, remove, or add to these Terms, and reserve the right to do so in our discretion. We will post notices on the CogitActive Sites when such changes occur. Nonetheless, it is your responsibility to review these Terms periodically. All new and/or revised Terms take effect immediately and apply to your use of the Services from the date on. Your continued use of any Services after new/or revised Terms are effective indicates that you have read, understood, and agreed to these Terms.
Privacy Policy
CogitActive respects your privacy and permits you to control the treatment of your personal information. Please review our Privacy Policy, which is expressly incorporated by this reference into these Terms, for complete information on what personal data we collect and how we process and disclose it.
Content Disclaimer
The material that appears on the CogitActive Sites is for informational purpose only. CogitActive strives to provide useful and accurate information, but makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in the CogitActive Sites. Besides, we cannot promise that everything is appropriate for your situation, as we cannot take into account your unique, personal circumstances and needs. Further, some posts are on topics beyond our subject matter expertise and we may lack academic or professional credentials in these areas. Any reliance you place on such information is therefore strictly at your own risk.
While we endeavor to keep the information timely, posting on the CogitActive Sites is made at such times as we determine in our discretion. The CogitActive Sites are continually under development and we may make improvements and/or changes in the content at any time. However, we do not review past postings to determine whether they remain accurate. You should not assume that the information contained on the CogitActive Sites is up to date or otherwise contains current information.
CogitActive accepts comments (see our Comment Policy for further information) as well as other forms of user contributions. We do not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge, or has any specific qualifications or credentials, without limitations, as to the subject matter to which their contribution relates. We are not obligated to, but will make every effort to, moderate, independently research, and verify any content they provide.
The CogitActive Sites contain links to websites owned or operated by parties other than CogitActive (see Third Party Links for further information). We have no control over, and are not responsible for, the content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse any information or opinions appearing in the linked websites.
Despite our efforts to provide accurate information, errors may appear from time to time. We invite you to bring to our attention any material on the CogitActive Sites that you believe to be inaccurate (please use our Contact form and provide an explanation of the error).
You acknowledge that CogitActive does not make any representations or warranties about the content, which you may have access to as part of, or through your use of, the Services. Under no circumstances is CogitActive liable in any way for any content.
Comment Policy
CogitActive encourages you to share your thoughts as they relate to the topic being discussed. We appreciate the time that you spend to share ideas and give feedback. However, we also want these comments to be as useful and informative as possible to all of our readers; hence the “Add value to this post” instead of the default “Leave a Reply”.
Comments are expected to expand on an article’s premise — read the article before you comment – and to offer useful, constructive (either positive or negative) criticism. For quick comments, please consider using the reaction buttons (“Like”, “Agree”, “Disagree”, and/or “Thank You”) instead.
We want to publish your comments, and look forward to an active exchange of ideas. However, before you add your contribution in the comment section, be advised that we reserve the right to edit comments as we see fit, and the discretion not to post comments.
Comments submitted for consideration are not immediately visible. All comments require approval. Please be patient while we review your contribution to ensure the best experience for our visitors.
Comment Moderation
To ensure that we provide a high quality experience for you and for other users, we moderate your contribution and undertake to review all material before posting on the CogitActive Sites. However, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We will strive to get to all comments as quickly as possible, but review time can vary, so please be patient.
We reserve the right (but assume no obligation) to edit your contribution as we see fit. We also have the right to refuse to post any contribution for any or no reason in our sole discretion or to remove any posted contribution (without notice) from any of the CogitActive Sites. See below for some guidelines to ensure that your comments appear and remain on the CogitActive Sites.
Any decision is both final and non-negotiable.
Your voluntary contribution
By submitting information, material, or other content (collectively, “Your Contribution”) to the CogitActive Sites, you grant (and promise that you are entitle to grant) CogitActive a free of charge, worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use Your Contribution without restriction, including without limitation, the right to copy, distribute, transmit, publish, publicly display, publicly perform, reproduce, edit, modify, translate, and excerpt (in whole or in part) Your Contribution as we see fit in any medium and for any purpose.
In addition, you represent, warrant, and agree that nothing submitted or otherwise shared by you on or through any of the CogitActive Sites, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Absence of publication or removal of any of Your Contribution does not impact the rights you granted us.
Commenting Guidelines
CogitActive is interested in articulate, well-informed comments that are relevant to the conversation. We welcome your advice, your criticism, and your unique insight into the issues addressed in the current post or in the comments, as long as your contribution is respectful and constructively adds to the conversation.
Please use proper spelling, grammar, punctuation, and letter casting when commenting. Review the content of your comment before posting to ensure your message is clear. Non-English comments will not be accepted.
To protect your privacy, we advise you never to share private or other sensitive information within the text of your comments. In addition, this is not the place to exchange contact information with other visitors; we will delete phone numbers, email addresses, or any other private or personal information.
Relevant links that contribute to the conversation are permitted. However, obvious attempts to promote your business, gain backlinks, traffic, or other types of self-promotion are not allowed. Do not add a website name or URL as your signature, as it will be removed.
If you have a general question regarding the current post, please feel free to ask. Be advised that we may not respond to individual questions; comments are not the best place to ask questions that are not related to the post. You can search for answers using the provided Search box, or you can ask your question using our Contact form.
Additional information
The comment section of each blog post stays open for 30 days after the post’s publication date. After that, comments are closed.
The CogitActive Sites use Gravatar to display your custom image next to comments. If you choose not to sign up with Gravatar (https://gravatar.com), the default Mystery Man icon will appear next to your name.
While an authentic, verified email address is required for commenting, it will not be published. You agree that we have the right to use this email address to contact you if necessary.
We publish your name along with your comment. Edited comments will be identified as such.
SPAM, rampant negativity or other abuse
Comments deemed to be spam, solely promotional in nature, or intended for back-link purposes will be deleted. Comments including obscene, pornographic, abusive, provocative, offensive, profane, libelous, defamatory, or otherwise harmful and/or unlawful material are prohibited.
Don’t misrepresent yourself or others. Don’t spread misinformation. Don’t post false, misleading, fraudulent or malicious material. Don’t be a jerk. Troublemakers, offenders, or trolls will not be tolerated.
Continuous abuse or violation of the Comment Policy will result in permanent ban of the IP address and email used. This may occur without warning and at our sole discretion.
We encourage you to report about potentially inappropriate comments.
Third Party Links and Tools
Third Party Links
The CogitActive Sites contain links to other websites operated by, or with content provided by, third parties. You understand and agree that we have no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. We shall not bear any responsibility for any legal documents, contents and practice of any third party-websites. The existence of any-third party links does not constitute endorsement of such websites, their content, or their operators. We include these links only for your convenience.
We may receive compensation for participation in third-party affiliate marketing programs. This means that a special tracking code is used and if you make a purchase, at no additional cost to you, we will earn a commission or other compensation. Affiliate links are clearly and unambiguously identified. Using affiliate links helps us to maintain the CogitActive Sites, but we only include links to products or services that we use and trust. CogitActive remains independent, and the content of the CogitActive Sites remains unbiased.
Third Party Tools
The CogitActive Sites are integrated with third party tools, such as plug-ins, applications, websites, and services, which provide extra features and functionalities to the CogitActive Sites and allow us to make available the Services to you. These tools can be used or embedded on the CogitActive Sites via JavaScript or API, while the tool remains hosted on the servers of the third party company. Using these tools is not without risk. Further, these third party tools are not maintained by us and we do not have any influence over them; they can be discontinued at any time without prior notice. Last, but not least, the companies that provide these tools may use automated means to collect information regarding your interactions with these features; this information collection is subject to the privacy policies of those companies.
You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any third party tools or for any transaction you may enter into with the provider of any such party tools.
Intellectual Property and Copyright Policy
CogitActive respects the intellectual property rights of others and expects its users to do the same. If you are the owner of intellectual property, which you believe has been improperly posted or distributed via the CogitActive Sites, please let us know.
Unless indicated otherwise, the material used and displayed on the CogitActive Sites, including but not limited to text, illustration, video, audio, logo, design, code, slogan, name and other elements (collectively the “Content”), are the property of CogitActive and are protected by copyright and/or other intellectual property whether registered or unregistered, owned, controlled or licensed by CogitActive.
Other product and company names mentioned in the CogitActive Sites may be the intellectual property of their respective owners. Material available on or through other websites may be protected by copyright and intellectual property laws.
Under the rules relating to intellectual property, any reproduction (including by downloading, printing, etc.) or representation, in whole or in part, adaptation, translation, transformation and/or transfer to another website of one or more of the aforementioned elements is prohibited without prior written authorization from CogitActive. Any unauthorized use of any of these elements constitutes an infringement of copyright and could result in civil and/or criminal prosecution and the payment of damages.
Except as expressly provided in these Terms, or permitted by the Copyright Act or other applicable law, you agree not to copy, download, modify, use, display, publish, transmit, sell, license, reproduce, or distribute, in whole or in part, directly or indirectly, any of the content of the CogitActive Sites without the prior written consent of CogitActive in each instance. If permission is granted by CogitActive to allow third-party use of the Content available through the CogitActive Sites, you further agree to comply with, and keep intact, any copyright notices, trademarks, logos, author attributions, legends, or restrictions contain therein. Without limiting the foregoing and the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the CogitActive Sites.
CogitActive grants you a personal, non-transferable, free, non-exclusive, revocable authorization to use the CogitActive Sites solely for personal, non-commercial and private purposes subject to these Terms provided that you preserve and maintain all copyright and other proprietary notices.
Fair use of CogitActive intellectual property requires proper acknowledgement.
Prohibited Conduct
You may use the CogitActive Sites only for lawful purposes, in accordance with these Terms and any federal, state, local, or international law or regulation. You agree not to engage in any of the following activities.
You may not violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not impersonate or attempt to impersonate another person or entity (including CogitActive), or misrepresent you affiliation with a person or entity.
You may not transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, pyramid schemes, spam, or any other form of unwelcome solicitation.
You may not introduce or otherwise disseminate any virus, adware, spyware, Trojan horse, worm, logic bomb, or other material or mechanism which is malicious or technological harmful.
You may not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the CogitActive Sites, the Server on which they are stored, or any server, computer or database connected to the CogitActive Sites.
You may not otherwise attempt to interfere with the proper working of the CogitActive Sites through any mean.
Consulting
Arrangement must be made by separate agreement.
Donation
To help us maintain the resources needed to create the quality content you deserve, we accept donations.
By making a donation to CogitActive, you warrant that you are over 18 years and that the mechanism that you use, credit card or otherwise, is owned by you and/or you have permission to use it. You agree that you will not charge back, dispute, or reverse any payments. You acknowledge that all donations are final and irrevocable; once a donation is made you cannot ask for a partial or a full refund.
You agree that we are entitled to use donations at our own discretion and that you will not get rewards.
We cannot be held responsible for any losses arising from fraudulent or unauthorized use of your credit card or debit card or other forms or payment.
Thank you for supporting us.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, CogitActive offers the Services (including all content available on or through the CogitActive Sites) “AS IS” and makes no representations or warranties of any kind concerning the Services, express, implied, statutory, or otherwise, including without limitation, warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not warrant that the Services will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Services will be uninterrupted, error-free or completely secure. You assume all risks and liabilities arising from or relating to your use of and reliance upon the Services. Further, CogitActive does not warrant or make any representations regarding use of the content available through the Services in terms of accuracy, reliability, or otherwise.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will CogitActive and/or third party service providers be liable to you or anyone else on any legal theory for any incidental, direct, indirect, or other damages of any nature, including without limitation, loss of profits, data or use, arising out of use or inability to use the Services, even if CogitActive has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, CogitActive is not responsible or liable whatsoever in any manner for any content posted on or available through the Services, for your use of the Services, or for the conduct of third parties on or through the Services.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law.
Indemnification
To the extent authorized by law, you agree to indemnify and hold CogitActive harmless from and against any and all claims, losses, expenses, damages, and costs, including attorney’s fees, resulting directly or indirectly from or arising out of your violation of these Terms, your use of any of the Services, and/or the content you make available on any of the CogitActive Sites.
Termination
We may terminate or suspend access to the CogitActive Sites or use of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
Miscellaneous
These Terms are subject to and interpreted in accordance with French law.