Terms & Conditions
THIS WEBSITE IS OWNED AND OPERATED BY ThinkWorks, LLC, a New York
limited liability company, doing business in New York as ThinkWorks...
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
OR PERMITTING YOUR CHILD TO USE THIS SITE. Your use of this Web site
constitutes acceptance of these terms and conditions of use. Your
continued use of this Web site is subject to the following terms and
conditions. ThinkWorks operates several Web sites, and these terms and
conditions apply to all sites unless those specific sites contain their
own terms and conditions.
User Conduct
As a condition
of your use of these services, you expressly agree that you and/or you
child will not use the Web site or other internet services provided by
ThinkWorks for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You agree to abide by all applicable
local, state, national, and international laws and regulations and are
solely responsible for all acts or omissions that occur under your
member name, including the content of your transmissions through the
service.
The Web site is intended for entertainment and educational purposes and for the use and enjoyment of families, parents, and children. You agree to use the Web site only for such purposes. Any unauthorized commercial use of the Web site, ThinkWorks' servers or Internet infrastructure, or its related services, or the resale of its related services, is expressly prohibited. Without ThinkWorks' prior written consent you may not reproduce, distribute, modify, display derivative works based on, repost or otherwise use the content of this Web site. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right.
ThinkWorks' reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.
Disclaimers/Limitation of Liability
Your
use of and any browsing in this Web site and related Internet services
is at your risk. Neither ThinkWorks nor any other party involved in
creating, producing, or delivering the Web site is liable for any
direct, indirect, incidental, consequential or punitive damages arising
out of your access to, or use of, the Web site or related services. The
material contained in this Web site may contain inaccuracies and
errors. ThinkWorks does not guarantee that the functional aspects of
the Web site will be uninterrupted or error-free or that this Web site
or the server that provides it are free of viruses or other harmful
components. Everything on the Web site is provided to you AS IS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow the
exclusion of implied warranties, so some of these exclusions may not
apply to you. Check your local laws for any such exclusions.
ThinkWorks also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Web site (or related services) or your downloading of any materials, data, text, images, video, or audio from this Web site.
Links
ThinkWorks
has not reviewed all of the sites that you may link to from this Web
site and is not responsible for the content of any off-site pages or
any other sites linked to this Web site. Your linking to any other
off-site pages or other sites is strictly at your own risk.
Modification of Terms
ThinkWorks
may at any time revise these Terms and Conditions by updating the same
at its Web site(s). You are bound by any such revisions and you should
therefore review this page periodically to ensure your understanding of
the terms and conditions of your use.
General
This
agreement is governed by the laws of the United States of America and
the State of New York. Use of this Web site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. These
terms and conditions will be governed by and be construed in accordance
with the laws of the United States of America and the State of New York
without regard to its conflicts of law provisions. If you use this
website from other locations you are responsible for compliance with
local laws and regulations. ThinkWorks products are available in many
parts of the world; however, this website may describe products that
are not available in your jurisdiction.
This agreement constitutes the entire agreement between user and ThinkWorks with respect to this Web site and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and ThinkWorks. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any cause of action arising out of or related to this Web site or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Termination
If
you are dissatisfied with any portion of the service, or with any of
these terms of use, your sole and exclusive remedy is to discontinue
using the Web site. Subject to terms and conditions, and upon
appropriate notice, a refund of some or all pre-payment for services
may be made by ThinkWorks.
This agreement is effective until
terminated by either party. You may ask us to end your membership at
any time by emailing ergo@thinkandthrive.com. This agreement will
terminate immediately without notice from ThinkWorks if you fail to
comply with any term or provision of this agreement.
Copyright
You
should assume that everything you see or read on this Web site, receive
through related services, or download from our servers, is protected by
copyright unless otherwise stated and may only be used according to
these Terms and Conditions. ThinkWorks does not warrant or represent
that your use of materials displayed on this Web site will not infringe
rights of third parties whom are not owned or affiliated with
ThinkWorks. Images are either ThinkWorks' property or used by
ThinkWorks with another party's permission. The use of these images by
you, or anyone else authorized by you, is prohibited unless
specifically permitted by these Terms and Conditions. Any unauthorized
use of such images may violate copyright laws, trademark laws, the laws
of privacy and publicity, as well as other communications regulations
and statutes.
Trademarks
The trademarks, logos, and
service marks (collectively the Trademarks) displayed on this Web site
are registered and unregistered trademarks of ThinkWorks , LLC, its
affiliates and others. Your misuse of the Trademarks displayed on this
Web site, or any other content on the Web site, except as provided
herein, is strictly prohibited. Nothing contained on this Web site
should be construed as granting any license or right to use any
Trademark displayed on this Web site without the written permission of
ThinkWorks or such third party that may own the Trademark.
Trademark Legend
ThinkWorks,
the ThinkWorks logo, THINK.THRIVE, THINK AND THRIVE, THINKBLOCKS,
THINKTILES, THINKSCAPE, THE TOOL THAT TEACHES THINKING, THE TOOL THAT TEACHES 21ST CENTURY THINKING, THINKCAP, A
MOSAIC OF KNOWLEDGE, THE MAGNETIC THINKING CANVAS, PLANET KNOWLEDGE,
THINKREVOLUTION, GREAT THINKERS GREAT THINKING, GREAT IDEAS START WITH
GREAT THINKING, ERGO, ERGO'S LAB, COGITO ERGO VIGEO, THINKGEAR, PATTERNS OF THINKING, THE TOOL FOR 21ST CENTURY THINKERS, CURRICULUM & CONSTRUCTION and all related logos and
characters are trademarks or registered trademarks of ThinkWorks, LLC.
All other trademarks are properties of their respective owners.

