Terms of Service
Thinkersize, LLC Terms of Service
By signing up to be an member in the Thinkersize, LLC's community ("Community") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Thinkersize, LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Community, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Community after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time on our website.
Violation of any of the terms below will result in the termination of your Account. You agree to use the community at your own risk.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. Thinkersize, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one account.
- You may not use the community for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Compliance with Laws
As a condition to your participation in the Community, you agree that while you are a Community participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Community participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Community you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Community
The term of this Agreement will begin upon our acceptance of your Community membership and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of the service and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Community. Thinkersize, LLC reserves the right to end the Community at any time.
Thinkersize, LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Community, or any other Thinkersize, LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture of all content provided by your Account. Thinkersize, LLC reserves the right to refuse service to anyone for any reason at any time.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or data) arising in connection with this Agreement or the Community, even if we have been advised of the possibility of such damages.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE COMMUNITY AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Chicago, Illinois USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of the United States and the state of Illinois USA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Thinkersize, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Thinkersize, LLC and govern your use of the Service, superseding any prior agreements between you and Thinkersize, LLC (including, but not limited to, any prior versions of the Terms of Service).