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THINKCOMMERCE GROUP, LLC TERMS AND CONDITIONS OF USE
Effective Date: July 1, 2012
1. MODIFICATIONS TO TERMS
2.Â CONTENT; MODIFICATIONS TO SITE; SUBMISSIONS
2.1 Content Protected by Intellectual Property Rights. Â For purposes of these Terms, â€œContentâ€ means applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and works of authorship. Any Content available through the O+O Network (â€œSite Contentâ€) is protected by the intellectual property rights of TGI or its licensors.
2.2Â Modifications. We reserve the right to modify or discontinue, and restrict or block access to the O+O Network without notice to you.
2.3Â User Ideas. Â When you submit ideas, suggestions, or proposals (collectively, â€œIdeasâ€) to TGI, you represent, warrant, and agree that: (a) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (b) if we so choose, we may use and disclose your Ideas in any way; and (c) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (i) TGI may have already created, or be in the process of creating, content that may be substantially similar to your Ideas at the time you submit those ideas to us, and (ii) elements of your Ideas may not be subject to protection under copyright law.
3.PROHIBITED CONDUCT; LIQUIDATED DAMAGES
You agree not to do, or attempt to do, any of the following, subject to applicable law:
a. access or use the O+O Network in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
b. access, tamper with, or use services or areas of the O+O Network that you are not authorized to access;
c. alter information on or obtained from the O+O Network;
d. use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, â€œjunk mail,â€ â€œspam,â€ or â€œchain lettersâ€;
e.impersonate or misrepresent your affiliation with any person or entity;
f. reverse engineer any aspect of the O+O Network or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the O+O Network (except as otherwise expressly permitted by law);
g. send to or otherwise impact us or the O+O Network (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, â€œspyware,â€ â€œadwareâ€ or other code that could adversely impact the O+O Network or any recipient; or
h. take any action which might impose a significant burden (as determined by us) on the Siteâ€™s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the O+O Network.
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, â€œUNSOLICITED EMAIL OR OTHER COMMUNICATIONâ€) THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
5.DEALINGS WITH MERCHANTS; LINKS
6.DISCLAIMER OF WARRANTIES
Since operation and functionality of the O+O Network depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the O+O Network may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; TGI does not warrant the successful operation of the O+O Network on your computer, and we are not liable for any such problems that result from your use of the O+O Network.
MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM TGI, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK.
7.Â Â Â EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER TGI NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF TGI, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF ITS RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
TGI respects the intellectual property rights of others and requests that the people who use the O+O Network do the same. If you believe that your work has been reproduced and is accessible on the O+O Network in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a.the electronic or physical signature of the owner of the copyright or the person authorized to act on the ownerâ€™s behalf;
b.identification of the copyrighted work that you claim has been infringed;
c.identification of the material that is claimed to be infringing and information reasonably sufficient to permit TGI to locate the material (for example, by providing a URL to the material);
d.your name, address, telephone number, and email address;
e.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f.a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright ownerâ€™s behalf.
Our designated agent to receive notification of claimed infringement can be reached at: email@example.com.
9.Â CONTACT INFORMATION
We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the exception of notices related to copyright infringement described above, you agree to send us any notice by mailing it to our address for Legal Notices THINKCOMMERCE Group, LLC,Â 2O9OO NE 3OTH AVENUE, SUITE 822, AVENTURA, FLORIDA 33180 Attn: Legal Department.
10. ADDITIONAL TERMS
a. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site by certain persons or in certain countries may not be legal.
b. No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
c. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
d. Jurisdiction; Choice of Law; Export Limitations. This O+O Network is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this O+O Network from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the O+O Network in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the O+O Network will be governed by the laws of the State of New York, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and TGI agree to submit to the personal and exclusive jurisdiction of the courts located within New York, New York, USA. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in New York. You hereby consent to jurisdiction in a state or federal court sitting in New York, New York and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by New York state or federal law.
e. Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
f. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
g. Entire Agreement. These Terms (including terms incorporated into them comprise the entire agreement (the â€œEntire Agreementâ€) between you and TGI with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
h. No Waiver. The failure of TGI to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or TGIâ€™s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
LEGAL NOTICES. Various laws require or allow us to give users of this O+O Network certain notices and each of them is incorporated into these Terms. You may review the notices by clicking on their link.
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Childrenâ€™s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
THINKCOMMERCE GROUP, LLC WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY TGI TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE TGI PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY TGI, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO TGI COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. â€œCAN-SPAM ACT OF 2003â€³) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS
The TGI trademark and all other trademarks used in the O+O Network are owned or used under license by TGI and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks.Â You may not use any TGI trademarks without express written permission from TGI. All rights are reserved.
Copyright Â© 2012 THINKCOMMERCE GROUP, LLC