ThinkRite Website Access and Usage Terms and Conditions
YOUR CLICKING “I AGREE” HERETO, YOUR USE OF THIS WEBSITE (the “Site”) AND/OR YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (THE “TERMS”). YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL CONTRACTING AGE AND HAVE LEGAL CAPACITY TO CONTRACT, AND THAT YOU ARE NOT OTHERWISE PROHIBITED FROM PURCHASING OR RECEIVING PRODUCTS OR SERVICES PURCHASED VIA THE SITE.
ThinkRite, Inc. and/or its affiliates (collectively, “ThinkRite,” “we” or “us”) may modify the Terms as well as discontinue, withdraw, replace or change any content, Products and Services (as defined below) offered via the Site at any time, and your continued access and use of the Site thereafter constitutes your acceptance of such changes. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE AND MUST TERMINATE YOUR ACCESS AND USE OF THE SITE IMMEDIATELY.
This Site is not for use, nor may any Products and Services be purchased for or by any user that is under the control of, located in, or a national or resident of any country subject to a United States embargo or other similar export restrictions, or is listed on any U.S. government denied persons or entity list or is subject to any other legal prohibition on engaging in commerce with such user.
These Terms constitute a legal agreement between you and ThinkRite effective as of your first use of the Site, your clicking “I Agree” acknowledging your agreement to these Terms, or your purchase of any products or services via the Site, whichever occurs first. You acknowledge and agree that these Terms are supported by good and valuable consideration that includes, without limitation, your use of the Site.
If you register to use or use the Site on behalf of an entity, you represent and warrant that you have legal authority to bind such entity to these Terms, and in such event the terms “you” and “your” also refer to such entity, except that if you do not have actual legal authority to bind such entity, you are and shall be personally bound and liable under the Terms and you agree to indemnify ThinkRite with respect to any claims, losses, expenses (including, without limitation, legal expenses), damages or other liability (collectively, “Claims”) arising or resulting therefrom. ThinkRite shall not have any liability for any Claims arising or resulting from reliance on any representation, warranty, agreement, instruction, notice or communication received from you whether on your own behalf or on behalf of such entity.
I. GENERAL APPLICABILITY; ADDITIONAL PRODUCT AND SERVICE AGREEMENTS AND TERMS
These Terms provide the general terms and conditions for your use of the Site and the purchase of ThinkRite and/or third party products and/or services via the Site (collectively, “Products and Services”) and are in addition to specific additional, terms and conditions applicable to the particular Products and Services. Such additional terms and conditions may include agreements required by ThinkRite and/or third party suppliers of such Products and Services which you are required to agree to with ThinkRite and/or such third party suppliers as part of purchasing such Products and Services. Such additional third party agreements, terms and conditions are entered into by you directly with such third parties and ThinkRite is not a party thereto, and ThinkRite has and shall have no liability or obligation with respect to any representations, warranties or obligations, or any disputes, breaches or Claims relating to such third party agreements, terms and conditions or otherwise relating to the third party Products and Services, unless expressly agreed to by ThinkRite in a separate written agreement. In the event of any conflict or inconsistency between these Terms and any additional agreements, terms and conditions, these Terms shall control as between you and ThinkRite (except for any additional terms for ThinkRite Products and Services that expressly state otherwise).
ThinkRite may remove, modify or otherwise discontinue providing the Site or any content, Products and Services at any time with or without cause and with or without notice, without any liability. Unless expressly stated otherwise in the applicable additional agreements, terms and conditions referred to above, all information, Products and Services obtained via the Site are for your personal/internal use only and may not be further reproduced, published, transmitted, distributed, sublicensed resold or otherwise disseminated without ThinkRite’s and/or the applicable third party supplier’s prior written consent.
II. USER ACCOUNT REGISTRATION AND DATA
In order to use the Site to purchase Products and Services, you must register and create a user account. You agree to: (a) create only one account (unless specifically approved by ThinkRite in writing); (b) provide accurate, truthful, current and complete information for your account; (c) maintain and promptly update your account information and payment method information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and otherwise not permitting third parties to access or use your account; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account at: thinkrite.com; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity, and indemnify ThinkRite with respect to any Claims arising from or related to any use of your account, whether authorized or unauthorized. If you purchase any Products and Services via the Site, you authorize ThinkRite and/or the applicable third party suppliers and their designated payment processors to store and use your payment information and other related information for payment processing purposes. ThinkRite reserves the right, exercisable as it determines in its sole and absolute discretion, to suspend, disable or terminate access to your account based on suspected or actual unauthorized use or other violation of these Terms or any of the other agreements, terms and conditions applicable to any Products and Services you purchase or otherwise use via the Site. If you access the Site from outside the United States, you consent to the transmission and/or transfer of data relating to your user account and communications and transactions relating to Products and Services purchased via the Site across all applicable international boundaries.
III. FEES AND PAYMENTS
You agree to pay any and all prices, fees and other charges due for the Products and Services purchased or otherwise obtained via the Site at the time you order the applicable Product and Services, unless otherwise specified in the applicable Product and Service purchase and payment terms. You may not download or otherwise use any Products and Services beyond the scope of the rights you have purchased for same. All prices and payments are and shall be in U.S. Dollars. In addition, you acknowledge and agree that you shall pay and be solely responsible for payment of and ThinkRite may charge you for any applicable taxes, duties and other regulatory or governmental charges. All payments are non-refundable unless otherwise expressly stated otherwise in the applicable additional agreements, terms and conditions for the particular Products and Services. Prices are subject to change at any time, and such changes or modifications shall be posted online on the Site and shall be effective immediately without need for further notice to you. If you have purchased or obtained Products and Services for a period of months or years, changes or modifications in prices and fees shall be effective upon renewal or extension unless stated otherwise.
Payment shall be made by credit card or as otherwise specified for the particular Product and Service. For recurring periodic billing, your billing date will be specified as of your first payment and the due date for future months will be the same day of the month as prior payments unless otherwise specified by ThinkRite. Some Products and Services may be subject to automatic renewal as specified in the applicable additional terms. It is your responsibility to track renewal dates and deliver timely notice of non-renewal in compliance with the applicable additional agreements, terms and conditions for such Products and Services in order to avoid automatic renewal charges.
You acknowledge and agree that in the event that ThinkRite agrees to process a refund with respect to a purchase of Products and Services, ThinkRite’s issuance of a refund receipt is only confirmation that ThinkRite has submitted your refund to the credit card or other payment method charged at the time of the original sale, and that the timing of actual receipt of the refund depends on the applicable credit card or payment method processing which is beyond the control of ThinkRite. ThinkRite also has the right, but not the obligation, to offer a credit for customers seeking refunds to use toward payment of other purchases.
If for any reason ThinkRite is unable to charge your credit card or other payment method for the full amount owed for purchased Products and Services, or if ThinkRite receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your credit card or other payment method, you agree that ThinkRite may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate suspension of your account and/or cancellation, without notice to you, of any Products and Services. ThinkRite also reserves the right to charge you reasonable additional service fees for (i) additional time and/or costs ThinkRite may incur as a result of your noncompliance with this Agreement (as determined by ThinkRite in its sole and absolute discretion); (ii) third party or other Claims relating to your use of the Site or purchase or use of any Products and Services; (iii) recouping any and all costs and fees, including, without limitation, the cost of Products and Services, incurred by ThinkRite due to chargebacks or other payment disputes or charged by your bank or credit card or other payment processor. These additional service fees will be billed to the credit card or other payment method you have on file with ThinkRite. Past due payments shall accrue interest at the rate of one and one-half percent (1 1/2%) per month or the applicable maximum legal rate, whichever is less, until the past due balance together with accrued interest has been paid in full.
IV. USE OF SITE
As a condition of your use of the Site, you represent, warrant and covenant to ThinkRite that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You will not use the Site for the purpose of obtaining information regarding ThinkRite’s business and/or the Site’s functions and features in order to create your own business or site offering the same or substantially the same products and/or services. By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or purchasing any Products and Services via the Site, you will not:
- Use a robot, spider or other automated device, process or means to access the Site.
- Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems, networks, devices or software.
- Send false or misleading information.
- Send any message or content that contains software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes, or engage in “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages).
- Commit acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.).
- Forward or propagate chain letters of any type (including charity requests or petitions for signatures).
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is provided to or by you via the Site.
- Restrict or inhibit any other user from using and enjoying the Site.
- Harvest or otherwise collect information about others, including contact information such as e-mail addresses.
- Tamper with other user accounts, commit unauthorized intrusion into any part of the Site or use the Site to intrude into any other site, network, system, device or account, or engage in other interfering or fraudulent activity relating to the Site, including but not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks.
- Violate any applicable laws or regulations.
ThinkRite shall have no obligation to monitor the usage of the Site. However, ThinkRite reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. ThinkRite reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever without liability. ThinkRite further reserves the right, and you hereby authorize ThinkRite, at all times to disclose to law enforcement authorities, prosecutors, regulatory and/or other governmental officers or agencies any information about you or your use of the Site or other information as necessary to satisfy any applicable law, regulation, subpoena or other legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Content presented on the Site is subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
The Site and the Products and Services offered or provided via the Site are subject to the U.S. export control laws, regulations and related legal requirements (collectively, “U.S. Export Control Laws”). You agree not to use the Site or any Products and Services offered or provided via this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Control Laws. You shall not export or re-export, or allow the export or re-export of, the Products and Services in violation of any U.S. Export Control Laws. None of the Products and Services may be downloaded or otherwise exported or re-exported (i) into any country subject to a U.S. embargo; or (ii) to anyone that is listed on any of the applicable prohibited parties lists or that would otherwise be in violation of U.S. Export Control Laws. By using the Site or purchasing any Products and Services via the Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any embargoed or otherwise prohibited country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Control Laws. ThinkRite makes no representation or warranty that the content available on the Site or the Products and Services offered or provided via the Site are appropriate in every country or jurisdiction, and access to the Site or purchase or use of the Products and Services from countries or jurisdictions where illegal is prohibited. You are solely responsible for compliance with all applicable local laws, rules and regulations. If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Control Laws. If such laws conflict with U.S. Export Control Laws, you shall not access or use the Site.
V. LINKS TO THIRD PARTY SITES; FRAMING OF THIRD PARTY SITES
The Site may contain links to other third party websites or frames of other third party website screens, including, without limitation, third party Product and Services sites, pages providing additional third party agreements, terms and conditions applicable to the particular Products and Services, and payment processing sites for use in connection with purchasing Products and Services. Such third party sites and linked pages are subject to their own respective terms and conditions posted thereon and are not under ThinkRite’s control. ThinkRite is not responsible for the contents of such third party sites, including without limitation, any link contained in any such site, or any changes or updates to a third party site. ThinkRite is not responsible for webcasting or any other form of transmission received from any third party site, or with respect to any personal or payment information you provide to any such third party site in connection with purchasing any Products or Services or otherwise.
VI. INFORMATION AND OTHER CONTENT PROVIDED TO THE SITE
By registering, posting, uploading, inputting or otherwise submitting your contact information or other information or content to the Site, you grant to ThinkRite and its contractors and their respective affiliated companies permission to use same in connection with the operation of the Site and marketing of the Products and Services to you, including contacting you and sending you emails and other communications, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information and content as part of marketing Products and Services to you based on your expression of interest and/or request to be contacted. No compensation will be paid with respect to the use of such information or content. Said permission is transferable by ThinkRite to an acquirer in connection with a business or asset sale. ThinkRite is under no obligation to post or use any information or content you may provide and may remove any of same at any time in its sole discretion. By posting, uploading, inputting, providing or submitting such information or other content to the Site, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information and content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and content and that such information and content does not infringe or otherwise violate any third party intellectual property or other right. ThinkRite does not control or endorse the content, messages or information found in any communication sent by you to the Site or to you from any third party and, therefore, ThinkRite specifically disclaims any liability with regard to such communications and any actions resulting from your participation in any such communication. Managers and hosts are not authorized ThinkRite spokespersons, and their views do not necessarily reflect those of ThinkRite.
When you visit this Site or send e-mails to ThinkRite, you are communicating with ThinkRite electronically, and by doing so, you consent to receive communications from ThinkRite electronically. ThinkRite may communicate with you by email or by other means. You agree that all agreements, notices, disclosures and other communications that ThinkRite provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that ThinkRite may also disclose your personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. ThinkRite reserves the right to disclose your personally identifiable Information to its successors-in-interest or in connection with a merger or acquisition transaction, or change of control. You irrevocably consent to ThinkRite’s recording of any voice communications between you and ThinkRite.
VII. SITE SECURITY & availability
You may not tamper with the Site, commit unauthorized intrusion into any part of Site, use the Site to intrude into any other site or otherwise attempt to circumvent or compromise the security of the Site and/or user account or transaction data. You are solely responsible for maintaining the confidentiality and security of your Site user log-in/password information, and shall not allow any third party to use same. You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and ThinkRite shall have no liability with respect thereto.
VIII. DISCLAIMERS; LIMITATION OF LIABILITY
USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THINKRITE MAY MAKE CHANGES IN THE SITE AT ANY TIME. THINKRITE DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ACKNOWLEDGE AND AGREE THAT THINKRITE SHALL HAVE NO LIABILITY WITH RESPECT THERETO.
THINKRITE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE CONTENT CONTAINED ON THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE FOR ANY PURPOSE, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. THINKRITE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND SUCH CONTENT AND ANY AND ALL PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THINKRITE OR ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, OR WITH RESPECT TO ANY PRODUCTS AND SERVICES OR THE UNAVAILABILITY OF OR ANY DELAY OR INABILITY TO USE THE SITE OR ANY OF THE PRODUCTS AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THINKRITE OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OR ANY OTHER AGREEMENT, TERMS OR CONDITIONS APPLICABLE TO THE SITE OR ANY PRODUCTS AND SERVICES, IN NO EVENT SHALL THINKRITE’S OR ANY OF ITS AFFILIATES’ OR ITS OR THEIR RESPECTIVE OFFICERS’, DIRECTORS’, MANAGERS’, EMPLOYEES’, CONTRACTORS’ OR OTHER REPRESENTATIVES’ TOTAL CUMULATIVE AGGREGATE LIABILITY IN ANY WAY RELATING TO THE SITE OR ANY PRODUCTS AND SERVICES EXCEED THE AMOUNTS PAID TO THINKRITE FOR THE PURCHASE OR USE OF THE APPLICABLE PRODUCTS AND SERVICES GIVING RISE TO THE APPLICABLE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT THE CLAIM AROSE, OR $20, WHICHEVER IS GREATER.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, ANY OF THE PRODUCTS AND SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE APPLICABLE PRODUCTS AND SERVICES. YOU AGREE THAT ANY ISSUES REGARDING THIRD PARTY PRODUCTS AND SERVICES MUST BE ADDRESSED BY YOU DIRECTLY WITH SUCH THIRD PARTIES AND THAT ThinkRite HAS NO OBLIGATIONS OR LIABILITY TO YOU WITH RESPECT THERETO.
THINKRITE RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SITE AND/OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE SITE, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON, AND IN ANY MANNER, WITHOUT PRIOR NOTIFICATION, AND THINKRITE WILL NOT BE LIABLE IN ANY WAY FOR ANY CONSEQUENCES OF SUCH ACTION.
IX. INDEMNIFICATION; GOVERNING LAW; MISCELLANEOUS TERMS
You agree to defend, hold harmless, release and indemnify ThinkRite and its affiliates and its and their respective officers, directors, managers, employees, contractors and other representatives from and against any and all Claims arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site or any content or any Products and Services provided on or via this Site. You agree to and hereby release and hold ThinkRite and its affiliates harmless from any claims relating to any action taken by ThinkRite as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms are governed by the laws of the State of Florida, U.S.A. The United Nations Convention for the International Sale of Goods does not and shall not apply with respect to any use of the Site or the purchase or use of any Products or Services, except with respect to third party Products and Services for which the applicable terms expressly state otherwise. You hereby irrevocably consent to personal jurisdiction and venue in the state and federal courts located in Broward County, Florida, U.S.A. for any claims by ThinkRite arising out of or relating to the use of the Site or the purchase or use of any Products and Services, seeking injunctive relief, specific performance or other equitable remedies, and in Broward County, Florida for any dispute or claim raised or made by you against ThinkRite or by ThinkRite against you relating to the Site or with respect to any Products and Services, which disputes or claims (other than those by ThinkRite seeking injunctive relief, specific performance or other equitable remedies) shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree to the waiver of a jury trial in any court proceeding involving ThinkRite relating to the Terms, the Site or any Products and Services purchased or used via the Site. You further agree to resolve any disputes with us on an individual basis and agree not to bring or participate in any class action against us. Use of the Site and purchase or use of any of the Products and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ThinkRite as a result of your agreement with these Terms or use of the Site or the purchase or use of any Products and Services. In no event shall ThinkRite be liable for any failure to perform its obligations due to causes beyond its control, including, without limitation, weather events, governmental action, telecommunications or utility failures or interruptions, fires, floods, riots, civil disturbances, criminal acts, war or other military action, terrorism or health crises. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and ThinkRite with respect to the Site and the information provided via the Site and the purchase or use of any Products and Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ThinkRite with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
X. REPORTING VIOLATIONS; ENFORCEMENT
Any party seeking to report any violations of these Terms may contact ThinkRite via e-mail: firstname.lastname@example.org.
When ThinkRite becomes aware of an alleged violation of these Terms, ThinkRite may initiate an investigation. Depending on the severity of the violation, ThinkRite may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, ThinkRite has and shall have the right notify the appropriate law enforcement agency of such violation.
XI. COPYRIGHT AND TRADEMARK NOTICES
All information and materials on the Site, including without limitation the text, graphics, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site, and the Products and Services are the intellectual property of ThinkRite and/or its licensors or suppliers. Copyright © 2016 ThinkRite, Inc. and/or its licensors or suppliers. All rights reserved. None of the content of the Site nor any ThinkRite Products and Services may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of ThinkRite. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with ThinkRite, its licensors or its suppliers, as the case may be.
THINKRITE is a trademark of ThinkRite. The Site may depict trademarks owned by third parties. No interest or right to use any ThinkRite or other trademarks is acquired by purchasing any Products and Services or otherwise using the Site. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any intellectual property rights without the prior written permission of ThinkRite or its third party licensors, or such other third parties that may own the particular intellectual property. All rights not expressly granted herein are reserved.
XIII. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to ThinkRite’s Designated Agent specified in the Copyright Infringement Claims Procedure. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.