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  Terms of Use

 

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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..
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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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