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I have read, understand, and have previously accepted all of the terms of the Use Agreement. I own or have the right to submit the material I am submitting and to convey the rights to Think Service as provided in the Use Agreement.
USE AGREEMENT PLEASE CAREFULLY READ THE TERMS BELOW WHICH GOVERN YOUR USE OF THIS WEBSITE. USING THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY EACH AND ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. This agreement (the "Agreement") states the terms and conditions under which you may submit to and use information and other materials of this website (Website) which is maintained and operated by Think Service, Inc. (Think Service). This Agreement may be updated from time to time without notice to you. You agree by using these website pages that you are subject to all of the terms of this Agreement as it may be amended from time to time. 1. TERMS RELATING TO SUBMITTERS The following terms apply to anyone (a Submitter) who submits materials of any kind to be posted to the Website (a Submission). A. You agree to answer all questions on the submission form accurately. B. You agree that: 1. You will submit only content that you have a right to submit. You represent and warrant that the Submission is an original work of authorship and/or you have permission to submit the Submission. There is no law and you have no contractual or fiduciary relationship that would prevent you from submitting the Submission for use as described in this Agreement. The content of the Submission does not include any inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements. 2. You will not submit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. 3. You will not impersonate any person or entity (including a Think Service agent), or falsely state or otherwise misrepresent your affiliation with a person or entity. 4. You will not violate any law or regulation (whether local, state, national, or international), whether or not intentionally. 5. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission or communication with Think Service. 6. You will not submit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. C. You acknowledge that Think Service has the right to refuse to make available, to modify or to remove any Submissions or portions of Submissions in its sole discretion and at any time without notice to the Submitter. D. You acknowledge and agree that Think Service may keep copies of all Submissions (whether or not used on the Website) and may also disclose Submissions and other data in its possession if required to do so by law or in the good faith belief that such maintenance or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any Submission violates the rights of third parties, or protect the rights, property, or safety of Think Service, its users and the public. E. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If a Submission from you requires conformity with any applicable law for import or export purposes, you are required to obtain the necessary licenses and approvals for export to any jurisdiction where the Submission may be available. F. You agree to indemnify and hold Think Service, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any liability, costs, loss, claim or demand (including reasonable attorneys' fees) made by any party due to or arising out of Submissions or other content you submit or your violation of any rights of another party. G. You agree that Think Service will not be liable for, and that you will not make any claim or take any action against Think Service or its subsidiaries, affiliates, officers, agents, partners, and employees with respect to any Submissions, including actions arising from making any Submissions available, failing to post or remove any Submission, withdrawing or deleting any Submission once posted, or modifying any Submission. H. You agree that Think Service may copy, distribute, display, publish, modify or translate Submissions for any purpose and in any medium worldwide (including incorporating the Submissions into the Website or other Think Service websites, or any other Think Service property, product or service) in perpetuity, without any obligation to compensate you or any other third party in any way for any such use. You agree that Think Service may sublicense any and all of its rights under this Agreement. I. You agree that Think Service’s posting of the Submission on its website for any period of time, with your name listed as the author of the work is adequate consideration for the rights granted by you and that no other consideration is due to you or required to make this Agreement legally binding. 2. TERMS RELATING TO PEOPLE USING SUBMISSIONS A. You understand and acknowledge that Submissions are provided by Submitters who are not associated with Think Service. You acknowledge and agree that all material provided by Submitters, including information, data, text, photographs, graphics, messages and/or other content and any and all liability arising from such posting is the sole responsibility of the Submitter, and not Think Service. Think Service does not guarantee the accuracy, integrity or quality of any materials provided by a Submitter. Under no circumstances will Think Service be liable in any way for any materials provided by a Submitter, including, but not limited to, for any errors, omissions or misrepresentations in any Submissions, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Submissions. B. You agree that your use of any Submission is at your own risk, including any reliance of the accuracy, completeness, or usefulness of the Submission. You agree that you will not rely on any content or that if you do, it is solely at your own risk. C. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes any portion of the Think Service website or the Website. 3. TERMS RELATING TO EVERYONE A. You agree that Think Service, in its sole discretion, may terminate or limit your access to the Website, and/or remove, discard or modify any Submissions for any reason. Think Service may also in its sole discretion, and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website may be effected without prior notice. Further, you agree that Think Service shall not be liable to you or any third party for any termination of your access to the Website, even if advised of a claim for damages. B. DISCLAIMER OF WARRANTIES. BY USING THE WEBSITE YOU AGREE THAT: 1. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THINK SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2. THINK SERVICE MAKES NO WARRANTY THAT THE WEBSITE OR THE SUBMISSIONS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SUBMISSIONS WILL BE ACCURATE, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR NEEDS. 3. ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USING OF ANY SUCH MATERIAL. 4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THINK SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. C. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT THINK SERVICE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF THINK SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, RELIANCE ON CONTENT OR SUBMISSIONS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, AND ANY OTHER MATTER RELATING TO THE SERVICE. D. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4B AND 4C MAY NOT APPLY TO YOU. E. The Submissions are provided for informational purposes only and are not confirmed for accuracy. NO CONTENT ON THE WEBSITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE. F. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Think Service: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. 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; 6. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please submit the above information to: webmaster@thinkhdi.com G. Think Service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, all the services provided on the Website (or any part thereof) with or without notice. You agree that Think Service will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. H. The terms of this Agreement constitute the entire agreement between you and Think Service and govern your use of the Website, superceding any prior agreements between you and Think Service relating to that subject matter. This Agreement and the relationship between you and Think Service are governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Think Service agree to submit to the personal and exclusive jurisdiction of the courts located within El Paso County, Colorado. The failure of Think Service to exercise or enforce any right or provision of is Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
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