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TERMS OF SERVICE Cognitive Pulse Marketing | CognitivePulseMarketing.com Last Updated: May 29, 2025

1. Agreement to Terms

By accessing or using the website CognitivePulseMarketing.com (the "Site") or any services offered by Cognitive Pulse Marketing ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site or our services.

These Terms apply to all visitors, users, and clients of Cognitive Pulse Marketing.

2. Services

Cognitive Pulse Marketing is a digital marketing agency providing services including, but not limited to, search engine optimization (SEO), Google Ads management, Meta Ads management, web design, content marketing, and CRM services ("Services"). Specific service terms, deliverables, and pricing are outlined in separate service agreements or statements of work entered into with individual clients.

3. SMS / Text Messaging (A2P Compliance)

3.1 Consent to Receive Text Messages By submitting your mobile phone number through any form on our Site and checking the SMS consent checkbox, you expressly consent to receive recurring automated and non-automated text messages (SMS/MMS) from Cognitive Pulse Marketing. These messages may include marketing promotions, service updates, appointment reminders, and follow-up communications. Consent is not a condition of any purchase or service.

3.2 Message Frequency Message frequency varies based on your interactions with us. You may receive multiple messages per week depending on active campaigns or service communications.

3.3 Message & Data Rates Standard message and data rates may apply. Cognitive Pulse Marketing is not responsible for charges imposed by your mobile carrier.

3.4 Opt-Out You may opt out of text messages at any time by replying STOP to any message we send. You will receive one final confirmation message. No further marketing texts will be sent unless you re-subscribe.

3.5 Help Reply HELP to any message for assistance, or contact us at info@cognitivepulsemarketing.com or +1 (423) 492-4403.

3.6 No Third-Party Sharing of SMS Data We do not sell, rent, share, or transfer your mobile phone number or SMS opt-in status to any third party for their own marketing purposes.

Supported Carriers: AT&T, Verizon, T-Mobile, Sprint, US Cellular, and other domestic carriers. Carriers are not liable for delayed or undelivered messages.

4. User Representations

By using the Site, you represent and warrant that:

  • You are at least 18 years of age.
  • You have the legal capacity to enter into these Terms.
  • You will not use the Site for any unlawful or unauthorized purpose.
  • You will not attempt to gain unauthorized access to any part of the Site or its related systems.
  • All information you provide to us is accurate, current, and complete.

5. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Cognitive Pulse Marketing or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.

6. Prohibited Activities

You agree not to:

  • Use the Site in any way that violates applicable federal, state, or local laws or regulations.
  • Transmit unsolicited or unauthorized advertising or promotional material (spam).
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Site.
  • Use automated tools, bots, or scrapers to access or collect data from the Site without our express written permission.
  • Attempt to probe, scan, or test the vulnerability of the Site or any related system.

7. Third-Party Links and Services

The Site may contain links to third-party websites or services. These links are provided for convenience only. Cognitive Pulse Marketing does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party site. Your use of third-party sites is at your own risk.

8. Disclaimers

THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COGNITIVE PULSE MARKETING DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any results obtained from use of the Site or our Services will be accurate or reliable.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COGNITIVE PULSE MARKETING AND ITS OWNERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR OUR SERVICES — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claim arising out of or relating to these Terms or our Services shall not exceed the amount you paid us in the three (3) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Cognitive Pulse Marketing and its owners, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Site, your violation of these Terms, or your violation of any third-party rights.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Site shall be resolved in the state or federal courts located in Washington County, Tennessee, and you consent to personal jurisdiction in those courts.

12. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make material changes, we will post the updated Terms on this page with a revised "Last Updated" date. Your continued use of the Site after changes become effective constitutes your acceptance of the revised Terms.

13. Termination

We reserve the right to suspend or terminate your access to the Site at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or for any other reason.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Cognitive Pulse Marketing regarding your use of the Site and supersede all prior agreements and understandings.

16. Contact Us

 

Cognitive Pulse Marketing Email: info@cognitivepulsemarketing.com Phone: +1 (423) 492-4403 Website: CognitivePulseMarketing.com