Welcome to ThoughtIndustries.com. Thought Industries, Inc. and/or its affiliates (“Thought Industries”) provide an online learning infrastructure and hosting solution (“TI Service”) for use by its subscribers to create customized online learning and eCommerce websites (“Subscribers’ Websites”).
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS TI SERVICE.
You agree not to use TI Service for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws in your jurisdiction. You agree not to upload or transmit viruses, worms, malware, or any other code that will damage or impair the TI Service. You accept sole responsibility for all your activities using TI Service, including any content you transmit, submit, post or share on Subscribers’ Website and/or TI Service.
In addition to all the above prohibitions, you agree that you will not knowingly use the TI Service to:
(a) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
(b) Spam or engage in unethical marketing, advertising, any other practice connected in any way to spam including, sending content or emails which do not comply with the CAN-SPAM Act of 2003.
Thought Industries reserves the right to investigate any of your activity involving the use of TI Service.
TI Service is the property of Thought Industries, Inc. Unless otherwise stated, all content is protected by the Copyright Laws of the United States in addition to foreign copyright laws and international conventions and treaties. Thought Industries does not claim any intellectual property rights over content on Subscribers’ Websites. All rights are reserved unless otherwise stated.
Thought Industries does not monitor its Subscribers’ Websites or any contents placed on Subscribers’ Websites. References to any products or links to third party sites provided by Subscribers on Subscribers’ Websites are not owned or controlled by Thought Industries. Thought Industries has no control over, and assumes no responsibility for any content, product offered for sale or sold by Subscribers, any third party content, and the polices of Subscribers’ or any third party. Thought Industries does not endorse, recommend or favor any products offered for sale or sold by Subscribers.
TO THE FULLEST EXTENT PERMITTED BY LAW, THOUGHT INDUSTRIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH TI SERVICE AND SUBSCRIBERS’ WEBSITES AND YOUR USE THEREOF. THOUGHT INDUSTRIES MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF SUBSCRIBER’S CONTENT ON SUBSCRIBERS’ WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE SUBSCRIBER’S WEBSITE.
IN NO EVENT SHALL THOUGHT INDUSTRIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON SUBSCRIBERS’ WEBSITES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF TI SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TI SERVICE OR SUBSCRIBERS’ WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH TI SERVICE OR SUBSCRIBERS’ WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA TI SERVICE OR SUBSCRIBERS’ WEBSITES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THOUGHT INDUSTRIES SHALL NOT BE LIABLE FOR SUBSCRIBER’S CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THOUGHT INDUSTRIES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH TI SERVICE OR SUBSCRIBERS’ WEBSITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THOUGHT INDUSTRIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THOUGHT INDUSTRIES MAKES NO REPRESENTATIONS THAT THE TI SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE TI SERVICE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless Thought Industries, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to TI Service or Subscribers’ Websites; (ii) your violation of any term of these Conditions of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Conditions of Use and your use of the TI Service.
Thought Industries shall not be liable, under any circumstances, for any delay, disruption or failure of the TI Service or Subscribers’ Websites directly or indirectly resulting from events beyond the control of Thought Industries.
Thought Industries does not take any responsibility for any additional condition of use of Subscribers’ Website. Any additional conditions of use or policies of Thought Industries Subscribers shall not limit or modify any of the terms of this Condition of Use including, without limitation, the Warranty Disclaimers and Limitation of Liability section stipulated above.