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Terms
of Use
- Acceptance
of Terms
This website (the website)
is owned by Thinking Mode and your continued use
of it is subject to your acceptance of the following
Terms and Conditions(Terms,
Terms of Use) which Thinking Mode may, as it deems
necessary, and without notice to you, update at anytime.
Your continued access and use of this Site indicates your
acceptance of the terms and conditions set forth in these
Terms.
- By
using the website (viewing, browsing, downloading or gaining
access to any Thinking Mode products), you represent that
you are a person of legal age able to enter into binding
contract, not prohibited from receiving services under
the laws of the United States law or other legal jurisdiction.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OR DO NOT MEET
THE LEGAL REQUIREMENTS FOR ITS USE, DO NOT CONTINUE USE
OF THIS WEBSITE.
-
For the improvement of our products or services, and subject
to our Privacy Policy, we may collect certain information
about the usage of the website.
-
You are completely responsible for all content posted,
uploaded or transmitted to or through the website by you.
You agree that you will not post, upload or transmit,
or cause the posting, uploading or transmitting, to or
through the website any content that is inaccurate, false,
harmful, misleading, obscene, pornographic, indecent,
defamatory, racist, violent, threatening, offensive, harassing,
or objectionable to Thinking Mode or other people who
use the website. This includes, but is not limited to,
content that constitutes unauthorized disclosure of personal
information; infringement or violation of anyone's intellectual
property rights; software viruses or any computer programming
code, files or applications that are designed to interrupt,
destroy or hamper the functionality, either in part or
whole, of any computer software or hardware or infra-structures
of communication. Thinking Mode reserves the right to
remove any content that violates these Terms and Conditions
and to seek remedies or other compensation for any any
damages caused by its violation.
- You
agree to not use the website to: (a) transmit spam, bulk,
or unsolicited email or similar communications, or cause
the transmission of same; (b) impersonate Thinking Mode
or anyone else by way of, but not limited to, spoofing;
(c) create a false or misleading representation of your
affiliation with a person or company; (d) tamper with
or limit the transmission of content such as would negatively
impact others' ability to use the website ;(e) create
false headers or manipulate identifiers, including, but
not limited to, URLs, with intent to disguise the origin
of any content transmitted to or through the website;
(f) violate local, state, national or international laws
or other agreements established in fiduciary relationships
and (g) store other personal data about other users without
authorization by them. Thinking Mode reserves the right
to report any illegal acts or wrongdoings that we discover
to government agencies or other parties entitled or qualified
to receive or handle such violations.
-
Thinking Mode makes no endorsements, or other representations
regarding the control, condition, accuracy, reliability,
saftey or, otherwise, quality of any third party content
posted on the website, or on third party websites linked
from the website. User further agrees that any link to,
or mention of, third party web sites is for reference
purposes and further agrees to take the entire responsibility
for the verification of their content for fitness for
his own purposes and for protecting himself from any harm
while visiting such third party websites or interacting
with their content in any form.
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System downtime may occur from time to time due to the
need for maintenance or from equipment or infra-structural
disruptions, breakdowns or shut-downs foreseen or unforseen,
including those caused or originated by third party actions,
equipment or protocols related to the internet infra-structure.
We shall not be liable whatsoever for any period of unavailability
of the website; delay, non-delivery, mis-delivery or distortion
of information; loss or corruption of data caused by any
donwtime.
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Thinking Mode provides this website as is, with no warranty
or condition express or implied. Thinking Mode hereby
disclaims any implied warranties of title, merchantability,
accuracy of content and fitness for a particular purpose.
Thinking Mode makes no warranties that the website will
be free from errors or defects, or that any errors or
defects will be corrected, or that any corrections to
errors or defects will be in a manner agreeable to you
or according to your specific wishes. Should you obtain
any advice or infomation via the use of the website, whether
verbally or written, you agree that such advice or information
are not warrantied in any manner by Thinking Mode and
that you have the entire responsibility to evaluate any
information or advice you receive using other sources
to ensure that they meet the needs of your particular
situation..
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Except as stated herein, none of the Materials available
on the website, including, but not not limited to, text,
logos, designs, graphics, images, sounds, information,
software, documents, products and services ,may be modified,
copied, reproduced, distributed, republished, downloaded,
displayed, sold, compiled, posted or transmitted in any
form or by any means, including, but not limited to, the
use of electronic, mechanical, photocopying, recording
or other means, without the prior express written permission
of Thinking Mode.
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Employees, agents, representatives, officers, directors
and owner(s) of Thinking Mode, or its affiliates, shall
in no event whatsoever be liable for any indirect, incidental,
consequential, special, punitive or exemplary damages,
or for any loss of sales, revenue, profit, goodwill or
opportunity that may be caused to arise under contract,
tort or other law, regardless of their negligence, or
whether they knew or should have known of the possibility
of any damages or loss. You agree that using this website
is at your discretion and that you are entirely responsible
for any loss or damage that may occur as a result of such
use. Thinking Mode does not assume any liability in connection
to your use of the website and authorises no person or
company to assume such on its behalf.
-
You agree to indemnify and hold Employees, agents, representatives,
officers, directors and owner(s) of Thinking Mode, or
its affiliates, harmless from any claim or demand, including
any attorney fees in connection with or arising out of
your use of the website, your violation of any of the
terms set herein, your violation of the rights of any
other person or entity or your violation of any applicable
laws.
-
This Terms of Use shall be interpreted and governed by
and in accordance with the laws of the state of Michigan
and the venue for all litigation regarding this Terms
of Use shall be in Oakland County, Michigan and you agree
to submit to the jurisdiction of the courts in Oakland
County, Michigan for any such litigation.
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Should any part(s) of this Terms of Use be held to be
invalid, not according to law or not enforceable, such
part(s) shall not affect any other portions of this Terms
of Use and the other parts shall continue to remain valid
and applicable. Should there, for any reason, exist a
delay or failure to enforce any part(s) of this Terms
of Use, such delay or failure does not constitute a waiver
of the right to enforce the part(s) and shall not affect
any right at a future time to enforce such part(s). Thinking
Mode reserves the right to amend or modify this Terms
of Use at any time or any other products, services, projects,
materials, or documents herein referenced by posting any
amendments on the website and any posting of an amended
or modified version shall become immediately effective
and your continued use of the website shall indicate your
acceptance of theTerms of Use as amended.
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