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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.
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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.
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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.
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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.
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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.
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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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