Thought Industries Terms and Conditions

CONDITIONS OF USE

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.

USE OF 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.

INTELLECTUAL PROPERTY

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.

CONTENT ON SUBSCRIBER’S WEBSITE

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.

YOUR ACCOUNT AND PROFILE

In order to use a Subscriber’s Website, you must set up an account. Thought Industries will only use your information to supply the TI Service in accordance with its Privacy Policy. You acknowledge and agree that any information supplied to Thought Industries, including without limitation payment information may be used by Thought Industries to supply the TI Service. You are solely responsible for the security of your account and must protect your password. You are fully responsible for all activities that occur under your account and you agree not to permit anyone else to use your account.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

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.

INDEMNITY

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.

FORCE MAJEURE

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.

SUBSCRIBERS’ CONDITIONS

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.

PRIVACY POLICY

1. Collection of Information. When you visit a Subscriber’s Website or use TI Service you provide Thought Industries with two types of information: (a) information, including personal and payment information, you knowingly choose to provide; and (b) information we store from your browser using “cookies.” Cookies are small pieces of information stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a Web site as easily as possible. We use cookies to deliver content specific to your interests and to prevent you from reentering all your registration data at each connection. We use an outside advertisement server company to display ads on our site. These ads may contain cookies. The advertisement server company may collect cookies received with outside banner ads. We do not have access to information that would confirm the use of cookies by the advertisement server company.
   
   Thought Industries will share your personal information with third parties only in the ways that are described herein. Thought Industries does not sell your personal information to third parties. TI Service provides the ability to share your personal information with Thought Industries’ Subscribers. We may provide information and/or personal user content to service providers to help us provide the TI Service. Specifically, we may use third parties to facilitate our business, such as to host the service, to send out email updates about TI Service, and to process payments for products or services offered by our Subscribers. In connection with these business operations, our service providers may have access to your personal information and/or content for use for a limited time in connection with these business activities. When you sign up for TI Service, we will share your personal information only as necessary for the third party to provide that service. We occasionally provide demonstrations of the TI Service to potential Subscribers. Any information provided in a demonstration is provided in a form which protects your information. We may be required to disclose your personal information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the TI Service. This may include sharing information with other companies, lawyers, agents or government agencies. All such sharing of information by you on a Subscribers’ Website is done at your own risk.
   
   We use your IP Address to help diagnose problems with our server, and to administer our Web site. Due to the communications standards on the internet, when you visit Our Site we automatically receive the URL of the site from which you came and the site to which you are going when you leave Our Site. Additionally, advertisers receive the URL of the page you were on when you click on an ad on Our Site. Our Site also receives the internet protocol (“IP”) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, your mobile device (including your UDID) and mobile operating system (if you are accessing Our Site using a mobile device), as well as the name of your ISP or your mobile carrier.
   
   
2. Billing Information. In order to use TI Service and Subscribers’ Websites and for Thought Industries to process any transactions you authorize, you will be required to provide your billing information, including information such as your name, address, phone number, and email. Thought Industries will provide your information to a third-party payment processing service which will store your billing information on their secure payment system for as long as is necessary for you to use TI Service. Thought Industries will not retain your billing information. We may retain, however, the last 4 digits of your credit card information and card type so that we may identify the card used in the future. Upon cancellation of the TI Service by you, Thought Industries will retain your personal information for a period up to one (1) year to facilitate any renewal initiated by you.
   
   
3. Contacting You. Thought Industries will use your personal information to contact you regarding the TI Service as well as send you promotional materials. You may opt out of receiving any promotional materials by following the instructions on our website.