Terms & Conditions
Before Anything Else: These Terms are Legally Binding
Thinknoo Inc. (“ThinkNoo”) offers various products. Customers are collectively referred to as “User” or “Users.”
Please note that Section 20. Disputes with Thinknoo Inc., contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
ONLY USE THINKNOO PRODUCTS AS DIRECTED. CONSULT A LICENSED PHYSICIAN BEFORE USING ANY PRODUCT. AVOID FROM USING IF YOU ARE PREGNANT, NURSING, TAKING ANY MEDICATION, OR HAVE ANY MEDICAL CONDITION (INCLUDING, BUT NOT LIMITED TO HIGH BLOOD PRESSURE, DIABETES, CARDIAC CONDITIONS). THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. PRODUCT STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.
Please feel free to email us at firstname.lastname@example.org for any questions, inquiries or issues.
1.2. If you do not agree to these Terms then you may not use the Site.
2.1. Registering. Users may create a user account by providing their full legal name, valid email address, and any other information that is marked as required, or by linking their social media accounts (Facebook, Google, etc.). ThinkNoo reserves the right to reject any new registration or cancel any existing account at any time and for any reason. We will use the email address you provide as the primary method of communication with you (the “User ID”).
2.2. It is your responsibility to choose and maintain a secure password to access ThinkNoo’s services (the “Service”) You acknowledge that we are not liable for any breach, loss, or damage from your failure to maintain the security of your account and password.
2.3. Misuse of Account. Users shall not:
- a) Select or use a User ID with the intent to impersonate another person;
- b) Use another User ID without appropriate authorization;
- c) Select a User ID that is offensive, vulgar or obscene.
2.4. Users are responsible for all activity that occurs on their account. Users must immediately notify us of any unauthorized use of their account, or any other account related security breach of which a User is aware.
3.1. User Warranties. User represents and warrants, and can demonstrate to our full satisfaction upon request, that:
- a) User is either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
- b) User owns or otherwise controls all rights to any uploaded Content or has full authority to act on behalf of any and all owners of any right, title or interest in and to any Content uploaded to the Use, and has permission to use the name and likeness of each identifiable individual person uploaded to the Use.
- c) All information and User Content posted or transmitted through the Service is the sole responsibility of the User from which such content originated. Thinknoo Inc. will not be liable for any errors or omissions in any User Content.
3.2. We do not endorse or have control over any User Content, nor can we guarantee the authenticity of any information that Users may provide about themselves, including their identity.
3.3. User acknowledges that all Content accessed using the Service is at User’s own risk. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. User will be solely responsible and liable for any damage or loss to User or any other party resulting therefrom.
4.1. Certain Products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to any return policy indicted on the website.
4.2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that other computer monitor’s display of any color or product will be accurate.
4.3. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
4.4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the services will be corrected.
4.5. We reserve the right to limit or prohibit orders that in our sole judgement appear to be placed by dealers, resellers or distributors.
5.1. We reserve the right at any time to change our fees (including to begin charging for Uses that we are currently providing free of charge) and billing methods, either immediately upon posting on the site or by email delivery to you.
5.2. If you wish to purchase any product or services made available through the site or from any third party (“Purchase“), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
5.3. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct and complete.
5.5. ThinkNoo reserves the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or Use, error in your order, if fraud or an unauthorized or illegal transaction is suspected, or other reasons.
5.6. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
6.1. Some parts of the service or product purchases may have an option to be billed on a subscription basis (“Subscription(s)“). You agree that you may be billed in advance on a recurring and periodic basis (“Billing Cycle“). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
6.2. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide ThinkNoo with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you authorize ThinkNoo to charge all Subscription fees incurred through your account to any such payment instruments.
7.1. We may provide to you links to certain third party sites or third party service providers (collectively, “Third Party Service(s)”) which may provide to other offers outside of the ThinkNoo. Such Third Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to your use of any such provided Third Party Services.
7.2. You are responsible for evaluating whether you want to access or use such Third Party Uses, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the ThinkNoo Service, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because you may give the operator permission to use your information outside of what You have agreed to herein. We are not responsible for, nor endorse any features, content, advertising, products or other materials on or available from such Third Party Services.
7.3. We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites or services. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The User agrees that it shall only use the Service for legal purposes and shall NOT:
8.1. engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Thinknoo Inc. in its discretion.
8.2. use the Service or Products in any manner inconsistent with this Agreement;
8.3. act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;
8.4. infringe our intellectual property rights or those of any third party in relation to your use of the Service;
8.5. transmit any material that is confidential or proprietary;
8.6. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
8.7. collect social security or insurance number, financial account number, drivers’ license number, health information, or other sensitive information required to be secured under applicable local, state, provincial, national, or other law, rule, or regulation, or for which disclosure is required in case of a data breach without first obtaining our prior written consent; and
8.8. collect or harvest any information or data from the Service or attempt to decipher any transmissions to or from the servers running any service;
8.9. access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Service;
8.10. use the Service in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
8.11. impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
8.12. use the Uses to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
8.13. access, search, or create accounts for the Uses by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
8.14. send unsolicited communications, promotions or advertisements, or spam;
8.15. send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
8.16. sublicense, resell, time share or similarly exploit the Service;
8.17. authorize, permit, enable, induce or encourage any third party to do any of the above.
9.1. We reserve the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Service.
10.1. User Content. Users may upload images, videos, text, comments, graphics, etc. of (collectively, the “User Content”) as part of their use of the Service.
10.2. Rights and Licenses. When Users upload User Content to the Service, they grant us and our authorized sub-licensees and distributors, a worldwide, non-exclusive, royalty-free, right and license to reproduce, distribute, digitally transmit, stream, display, create derivate works of, communicate to the public, synchronize, and collectively exploit your content and all associated copyrightable works or metadata for the purposes of providing the Service. The foregoing license grant does not affect User’s ownership or license rights in User Content, including the right to grant additional licenses to the material.
11.2. If the User does not comply within a reasonable amount of time, or we believe there is a credible risk of harm to us, the Service, or any third parties, we may disable that User account and delete the offending Content ourselves.
12.1. User acknowledges that Thinknoo Inc. retains ownership of all Intellectual Property of Thinknoo Inc. incorporated in the Products and Service (including all improvements, enhancements, updates and corrections) and any Intellectual Property generated by Thinknoo Inc. in the process of providing the Products and Service.
12.2. The User may use software, proprietary systems and Intellectual Property owned by Thinknoo Inc., or for which Thinknoo Inc. has appropriate authority to use, and the User agrees that such is protected by copyright, trade marks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not knowingly infringe on any third-party rights through the use of the Service.
12.3. The User agrees and accepts that any Intellectual Property generated by the User in connection with the Service is owned absolutely by Thinknoo Inc. and vests in Thinknoo Inc. immediately, including:
12.4. Thinknoo Inc. name, trade marks, logo and design; and
12.5. any text, images, graphics, source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Use.
12.6. The User further warrants that by using the Service the User will not:
- a) use any Intellectual Property of Thinknoo Inc. without express permission;
- b) copy any part of the Products or Service for the User’s own commercial purposes; or
- c) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in any documentation associated with it.
- d) To the extent that any derivative works cannot be assigned to Thinknoo Inc., the User hereby grants Thinknoo Inc. a perpetual and irrevocable (irrespective of the expiration or termination of this Agreement), non-exclusive, transferable, worldwide, and royalty-free license to reproduce, distribute, perform, and display any derivative works of the Use developed by or for the User, and to use, make, have made, sell, offer to sell, import, export, and otherwise exploit any product based on any such derivative works.
13.1. Some of our Uses may be supported by advertising revenue and may display advertisements and promotions. You agree that we may place such advertising and promotions on the Platform, or on, about, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
13.2. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. User Content (including any that may have been created by users employed or contracted by Thinknoo Inc.) does not necessarily reflect the opinion of Thinknoo Inc.
13.3. You grant us permission to use and send push notifications, emails, alerts, marketing and promotional materials, email campaigns, and other reasonable forms of communications.
14.1. You acknowledge that any and all:
- a) Suggestions for correction, change, and modification to our Products or Service, information and reports you provide to us, and other feedback (including but not limited to quotations of written or oral feedback), (collectively “Feedback”); and
- b) Improvements, updates, modifications, or enhancements, whether made, created, or developed by us, or otherwise relating to Feedback (collectively, “Revisions”);
- c) are and will remain our property. All Feedback and Revisions become the sole and exclusive property of Thinknoo Inc. and we may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you, and without your retention of any proprietary or other right or claim.
- d) You assign to us any and all right, title, and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
- e) You agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favour of Thinknoo Inc.. At our request, you will execute any document, registration or filing required to give effect to these provisions.
15.1. We are not liable for (1) any content posted by Users on our Site or Use; (2) any review of content posted on our Site or Use; (3) any damages that result through the use of our Service; (4) any negative or critical comments that may be posted by Users or other third party through the Service; or (5) any of the Third Party Services you may be provided pursuant to your use of the Use.
15.2. We are not required to or under any obligation to review, screen, edit, monitor or remove any content posted on our Site, although we reserve the right to do so, and to take any other action, in our discretion, with or without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law.
15.3. USER AGREES THAT IT USES THE SOFTWARE ENTIRELY AT ITS OWN RISK. USER ACKNOWLEDGES THAT WE DO NOT GUARANTEE THE ACCURACY OF DATA CAPTURED THROUGH ITS SOFTWARE. THINKNOO INC. IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM THE CAPTURE, ANALYSIS, OR INTEGRITY OF THE DATA IN ANY CIRCUMSTANCES.
15.4. THE USER AGREES TO INDEMNIFY US FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT WE MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH THE USER’S USE OF OR CONDUCT IN CONNECTION WITH THE SOFTWARE AND/OR ITEM, INCLUDING ANY BREACH BY THE USER OF THIS AGREEMENT.
15.5. IN NO CASE SHALL THINKNOO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.6. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR BREACH OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION THAT CANNOT BE EXCLUDED, IS RESTRICTED AT OUR OPTION TO THE RE-SUPPLY OF THE SERVICE, OR PAYMENT OF THE COST OF RE-SUPPLY OF THE SERVICE (IF APPLICABLE).
15.7.Nothing in this Agreement shall limit or exclude our liability for:
- a) death or personal injury resulting from our gross negligence;
- b) fraud or fraudulent misrepresentation; and
- c) any other liability that cannot by law be excluded or limited.
16.1. As consideration for your access and use the Service, you hereby agree to release us, and our affiliates and subsidiaries, and each of our and their respective officers, directors, agents, partners, and Workers from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Service. In addition, you waive any applicable law or statute, which says, in substance:
16.2. “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
17.1. In the event that either Party breaches any portion of this Agreement, the prevailing Party in an action to enforce this Agreement may recover from the other its reasonable attorneys’ fees and costs, if employment of an attorney was necessary.
18.1. The User can direct notices, enquiries, complaints and so forth to Thinknoo Inc. at this address: email@example.com
18.2. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
19.1. If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Uses:
- a) Governing Law. The Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- b) Arbitration. You and Thinknoo Inc. agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Thinknoo Inc. are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- c) Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
- d) Forum. We’re based in Delaware, so any legal action against Thinknoo Inc. related to our Service or Products must be filed and take place in Delaware unless otherwise agreedby the parties. That means the seat of any arbitration shall be Delaware. For any actions not subject to arbitration, you and Thinknoo Inc. agree to submit to the personal jurisdiction of a state or federal court located in Delaware.
- e) Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware.
- f) Modifications. If we make any changes to this “Disputes with Thinknoo Inc.” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Thinknoo Inc. prior to the date the changes became effective. Thinknoo Inc. will notify you of substantive changes to the “Disputes with Thinknoo Inc.” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Thinknoo Inc. a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Thinknoo Inc. in accordance with the provisions of this “Disputes with Thinknoo Inc.” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
20.1. We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Uses or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Service. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Service following the changes constitutes your acceptance of the updated Terms.
21.1 Waiver. No failure or delay by either party in exercising any right under the Terms, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
21.2. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
21.3 Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
21.4. Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
21.5. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
21.6. Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
21.7. Entire Agreement. The Terms, including any terms incorporated by reference into the Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any pages referenced in these Terms, the terms of these Terms will prevail.