TERMS & CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE OR SERVICES. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE OR SERVICES. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE OR SERVICES AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
Our https://www.thinkingiscool.com/ website (and other “internal” websites stemming from it, such as specific membership sites or webpages pertinent to the main website or weblog) is an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our website).
You agree to obey all applicable laws and regulations regarding your use of our https://www.thinkingiscool.com/ website and associated services and the content and materials provided in it.
Thinking Is Cool Media’ website is an independent, stand-alone website that has no relationship, connection, or affiliation whatsoever with any company (other than with Thinking Is Cool Media), person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
- Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for our website.
The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our https://www.thinkingiscool.com/ website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to use our website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.
As a user, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
You may not post or transmit advertising or commercial solicitation on our website.
You agree to grant to Thinking Is Cool Media a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our website by all means and in any media now known or hereafter developed. You also grant to Thinking Is Cool Media the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Thinking Is Cool Media for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website.
Publications, products, content or services referenced herein or on our website are the exclusive trademarks or servicemarks of Thinking Is Cool Media or affiliated parties. Other product and company names mentioned in our website may be the trademarks of their respective owners.
Links to Our Website
You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our website immediately upon request by Thinking Is Cool Media.
- Use of Thinking Is Cool Media Website.
You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.
Data contained on or made available through our https://www.thinkingiscool.com/ website is not intended to be, and does not constitute, legal advice. Data contained on or made available through our website is not intended to be, and does not constitute, medical or health advice. . Data contained on or made available through our website is not intended to be, and does not constitute, financial/investing advice. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Your Duty To Other Users
Your use of our website is for your own personal, non-commercial benefit. In no way are you permitted to leverage our website in a way that mines for the personal information of others, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall not share this with anyone else.
Access to certain areas of our https://www.thinkingiscool.com/ website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our https://www.thinkingiscool.com/ website or any other contractual obligation you owe to us.
You acknowledge that, except for information, products or services clearly identified as being supplied by our website, our website does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our website as such, all information, products and services offered through our website or on our website generally are offered by third parties that are not affiliated with our website, and we may be compensated.
You also understand that our https://www.thinkingiscool.com/ website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND SERVICES AND THE INTERNET. OUR WEBSITE PROVIDES RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE, COMPANY, PARTNERS, DIRECTORS, EMPLOYEES, OFFICERS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our https://www.thinkingiscool.com/ website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the content on it. Changes are periodically made to our website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL Thinking Is Cool Media BE RESPONSIBLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR OTHER INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, LOST BUSINESS OR INFORMATION, IMPAIRMENT OF ASSETS, OR LOST GOOD-WILL OR REPUTATION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY CAMPAIGN, HOWSOEVER CAUSED, WHETHER BASED IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF Thinking Is Cool Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, Thinking Is Cool Media'S LIABILITY UNDER ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNTS PAID TO Thinking Is Cool Media BY PURCHASER PURSUANT TO THE AGREEMENT. Thinking Is Cool Media DISCLAIMS ANY AND ALL LIABILITY FOR, AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR, THE ACTIONS OR INACTIONS OF ITS SUB-LICENSEES.
Links to Other Websites.
Our website contains links to third party Websites. Thinking Is Cool Media makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our website, please understand that it is independent from our website, and that our website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our website of the contents on such third-party Websites. Our website is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.
As a user of our https://www.thinkingiscool.com/ website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our website or endorse any opinions expressed by users of our website. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.
Our https://www.thinkingiscool.com/ website does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our website. If observed by our website and/or notified by a user of communications which allegedly do not conform to this agreement, our website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our website has no liability or responsibility to users of our website for performance or nonperformance of such activities. Our website reserves the right to expel users of our website and prevent their further access to our website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.
You agree to indemnify, defend and hold harmless Thinking Is Cool Media, its shareholders , officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person affiliated with you that has accessed our website.
- Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Thinking Is Cool Media and our shareholders, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by Thinking Is Cool Media without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
6.Hiring an Investment Advisor, Attorney, or Medical or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, doctor, or investment advisor is a serious matter and should NOT be based solely on data contained on our website or in advertisements.
You may send us email, but in no instance will this communication in any way be construed as initiating a professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of CALIFORNIA. You agree that any action including mediation and/or arbitration must be brought in San Luis Obispo County, California. Accordingly, it shall be governed and construed in accordance with the laws of CALIFORNIA in terms of those applicable to agreements, without regard to conflict of law principles.
The Parties hereto agree that any and all disputes, controversies or claims to be resolved between the Parties arising out of or relating to this Agreement or any breach or threatened breach thereof shall be resolved as follows:
(a) Initially the dispute/disagreement etc. must first be submitted to mediation to be held in San Luis Obispo County, California. The mediator shall be mutually selected from the neutral panel from either JAMS or ADR Services.
(b) In the event the Parties to the mediation are unable to agree on a resolution of said dispute, then the Parties agree to submit the dispute to final and binding arbitration conducted at a location determined by the arbitrator in San Luis Obispo County, California, administered by and in accordance with the then existing Rules of Practice and Procedure of either Judicial Arbitration & Mediation Services, Inc. (JAMS) or ADR Services, Inc. (“ADR”), and judgment upon any award rendered by the arbitrator may be entered by any State or Federal Court having jurisdiction thereof. Either Party may commence such proceedings by giving written notice to the other Party. Upon filing a demand for arbitration, all Parties in the arbitration will have right of discovery as provided under the California Code of Civil Procedure Section 2016 et seq., and the Parties agree that in the event of an arbitration, disputes as to discovery shall be determined by the arbitrator and such discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the Parties or the arbitrator. The arbitrator in any such proceeding shall be a retired judge and shall apply California substantive law and the California evidence law to the proceeding. The arbitrator shall have the power to grant all legal and equitable remedies and award damages provided by California law. At the request of any Party, a court reporter shall attend and transcribe the arbitration proceeding. The cost of the court reporter shall be paid by the Party requesting the same. The arbitrator shall prepare in writing and provide to the Parties an award including factual findings and reasons on which the decision is based. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected pursuant to California Code of Civil Procedure Sections 1286.2 or 1286.6 for any such error. The prevailing party in any such proceeding shall be entitled to recover his, hers or its costs and expenses (including reasonable attorney’s fees and the costs of the court reporter) incurred in preparation for and prosecution of such proceeding and enforcement of or securing recovery under any order or judgment rendered therein. If required by the arbitrator, all fees and costs payable to JAMS or ADR prior to determination of the dispute shall be paid one-half by each Party to this arbitration with reimbursement to be made pursuant to the immediately preceding sentence. The Parties hereto hereby submit to the jurisdiction of the courts of the State of California for the purpose of enforcement of this Agreement to arbitrate and any and all awards or orders rendered pursuant thereto (including without limitation the provisions of the immediately preceding two sentences).
Should any Party seek a provisional remedy to enforce such Party’s rights under this Agreement, such action shall be brought in the Superior Court of California in an for the County of San Luis Obispo (“Superior Court”) pursuant to California Code of Civil Procedure Section 1281.8. The Superior Court in such action shall apply California substantive law. The prevailing party in any such action shall be entitled to recover its costs and expenses (including reasonable attorneys’ fees) incurred in preparation for and prosecution of such action and enforcement of or securing recovery under any order and/or judgment rendered therein. The Parties hereto hereby submit to the jurisdiction of the Superior Court for the purpose of securing such provisional remedies to enforce this Agreement and any and all orders and judgments rendered pursuant thereto (including without limitation the provisions of the immediately preceding sentence).
(c) The arbitrator may not change or modify the terms of this Agreement without the written consent of the Parties.
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Thinking Is Cool Media may assign its rights and duties under this Agreement to any party at any time without notice to you.
If any part of this Agreement shall be held to be invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with this Agreement, the terms of this Agreement shall take precedence.
Failure to enforce any provision of this Agreement shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Any rights not expressly granted herein are reserved to https://www.thinkingiscool.com/.
The provisions of this Agreement shall be binding upon and inure to the benefit of the personal representative, successors and assigns of the Parties hereto.
COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We at Thinking Is Cool Media have paid to license the use of these legal notices and administrative pages on Thinking Is Cool Media for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information.
Thinking Is Cool Media LLC