3. Intellectual Property

3.1 Ownership

The content, materials, and all features and functionality accessible from this website and its services (including but not limited to text, images, software, designs, videos, audio, and their arrangement) constitute the proprietary property of Thinkabled and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.

Thinkabled retains exclusive ownership of all rights, titles, and interests in its intellectual property, including any derivative works, trademarks, copyrights, service marks, logos, and other proprietary information. You are not permitted to alter, remove, or obscure any copyright, trademark, or other proprietary notices on Thinkabled’s materials or services. Accessing or using this website does not transfer any ownership rights to you. Unauthorized use or modification of Thinkabled’s intellectual property, except as expressly permitted under these Terms, constitutes a violation of Thinkabled’s rights.

You are prohibited from modifying, copying, distributing, displaying, transmitting, reproducing, publishing, licensing, creating derivative works from, reverse engineering, transferring, or selling any content, products, or services obtained through this website, except as explicitly allowed in this agreement.

3.2. Non-Affiliation

Thinkabled operates as an independent platform and is not affiliated with, endorsed by, or sponsored by any external organizations, entities, or institutions, unless explicitly stated. All third-party trademarks, logos, or names mentioned on this website are the property of their respective owners. Thinkabled does not claim any rights to such trademarks or imply any partnership or endorsement unless expressly noted.

4. User Obligations

As a condition of using this website and/or services, you warrant to Thinkabled that you will use the website, services, and content only for lawful purposes and in accordance with these Terms and any applicable policies.

Below is a non-exhaustive list of obligations that you, not Thinkabled, are solely responsible for:

• Account Information: You are responsible for promptly updating your account information to ensure it remains current, complete, and accurate, including but not limited to your name, email address, and billing details.
• Device Security: You are responsible for ensuring that your computer, mobile device, or any other equipment used to access Thinkabled’s website or services is appropriately secured and safeguarded.
• Proprietary Rights: You are responsible for ensuring that any material you post, upload, transmit, distribute, store, create, or publish on this website does not infringe on third-party proprietary rights. You agree to be solely liable for any damages caused by the infringement of copyrights, proprietary rights, or any other harm resulting from your actions.
• Internet Access and Equipment: You are responsible for obtaining access to the internet, as well as providing and maintaining the necessary equipment and software to connect to the internet and access the services, including but not limited to a computer or other device.
• Fees and Charges: You are responsible for any data charges, overage fees, or other miscellaneous fees incurred due to the use of Thinkabled’s services or software on your devices, including charges arising from software malfunctions.
• System Requirements: You must ensure that your system meets the recommended requirements to access Thinkabled’s services, including the version of operating systems, internet browsers, and any other software or compatible devices.
• Additional Software and Services: You are responsible for obtaining and paying for any additional software, subscriptions, connectivity services, or equipment needed to access the services, including any associated third-party fees.
• Device and Data Security: Thinkabled is not responsible for any damages to your devices, operating systems, or data loss resulting from installing or using any software or mobile applications. No refunds or cancellations will be provided if you are unable to install or use the provided software, regardless of whether your device meets the minimum system requirements.
• Data Accuracy and Backup: You are responsible for implementing sufficient procedures to ensure the accuracy of data input and output, and for maintaining backups of any lost data. Thinkabled does not assume any responsibility for the accuracy of your data, and we do not guarantee or warrant that files available for download from the internet are free from viruses, worms, Trojan horses, or other potentially harmful code.

5. Prohibited Uses

You may use this Website and/or Services only for purposes expressly permitted by these Terms. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided to you through this Website and/or Services.

Thinkabled specifically limits your use of this Website and/or Services. By using the Website and/or Services, you agree to the following limits on your use, and you further agree not to assist others to use the Website and/or Services in the following ways:

• For any commercial purposes.
• In any manner that violates applicable federal, state, local, or international law or regulation.
• To exploit, harm, or attempt to exploit or harm others, including minors, by exposing them to inappropriate content, requesting personally identifiable information, or otherwise.
• To transmit or procure the sending of any advertising or promotional material, including but not limited to “junk mail,” “chain letters,” or “spam,” or any similar solicitation.
• To impersonate or attempt to impersonate Thinkabled, a Thinkabled agent or employee, another user, or any other person or entity (including, but not limited to, using email addresses or screen names associated with any of the foregoing).
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or may harm Thinkabled or other users of this Website, or expose them to liability, as determined by Thinkabled.
• To use the Services in a manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities.
• To use any process to monitor or copy any of the material, content, or property on this Website, including reverse engineering, for any unauthorized purpose without Thinkabled’s prior written consent.
• To use any device, software, or routine that interferes with the proper working of the Services, or attempt to interfere with any activity conducted on this Website.
• To introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful materials.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server hosting this Website, or any server, computer, or database connected to this Website.
• To reproduce any part of this Website or its content on any bulletin boards, websites, discussion forums, internet domains, or online chat rooms without authorization.
• To post a hyperlink to this Website without prior consent from Thinkabled.

6. Third Party Providers

Certain features of this Website and/or Services may involve the use of services and/or products provided by third-party vendors and business partners, which may include software, data collection, information, or other services. By using such features, you acknowledge that you may be subject to the terms of use/service and privacy policies of these third-party service providers. As a result, additional fees or charges from third-party providers may apply.

If you access a Service via a mobile application or another third-party platform, the applicable end user license agreement for the platform through which you downloaded the application may also apply, in addition to the terms of this Agreement. By using the Service through such platforms, you agree to comply with both the platform’s terms and this Agreement.

7. Hyper-links

This Website may contain hyper-links to external websites not maintained by or affiliated with Thinkabled. These hyperlinks are provided as a convenience to users and are not sponsored, endorsed, or affiliated with this Website or Thinkabled. Thinkabled has not reviewed all of these external sites and is not responsible for their content.

Thinkabled is not responsible for any webcasting or other form of transmission received from any hyper-linked site. Hyperlinks are to be accessed at the user’s own risk, and Thinkabled makes no representations or warranties regarding the content, accuracy, or completeness of these sites. The inclusion of any hyperlink to an external site does not imply endorsement by Thinkabled of that site or any association with its operators.

8. Limitation on Liability

Thinkabled, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including but not limited to loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Thinkabled has been advised of the possibility of such damages.

In no event shall the collective liability of Thinkabled and its subsidiaries, affiliates, advertisers, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Thinkabled for the applicable content or service giving rise to the liability.

9. Indemnity

You agree to release, indemnify, defend, and hold harmless Thinkabled, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from and against any claims, damages, liabilities, or losses, including injuries or damages to any person (including death) or property of any kind, arising in whole or in part, directly or indirectly, from:

• Your receipt, use, misuse, or inability to use this Website and/or Services or any information provided by it.
• Participation in any contests, activities, or promotions offered through this Website and/or Services.
• Breach of this Agreement by you, your agents, or affiliates.
• Conditions caused by events beyond Thinkabled’s control that disrupt or corrupt this Website and/or Services.
• Any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising from your use of this Website and/or Services.
• Printing or typographical errors on this Website and/or Services.

You agree that the Indemnified Parties shall bear no liability in connection with such breaches or unauthorized uses, and you agree to indemnify them for all resulting losses, damages, judgments, awards, costs, expenses, and attorneys’ fees.

Additionally, you agree to indemnify and hold the Indemnified Parties harmless from any claims brought by third parties resulting from your use of information accessed from this Website and/or Services.

10. Miscellaneous

10.1 No delay or omission by us in exercising any of our rights due to your noncompliance or default under these Terms shall impair or be construed as a waiver of such rights. Any waiver by us of a specific breach or default by you will not constitute a waiver of any subsequent breach or default, nor shall it be deemed a waiver of any other provision of these Terms.

10.2 If any provision of these Terms is deemed invalid, unenforceable, or otherwise contrary to law, the remaining provisions will remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, reflecting the original intent of the parties as closely as possible.

10.3 These Terms, except as expressly stated otherwise, represent the entire agreement between you and Thinkabled regarding their subject matter. They supersede all prior or contemporaneous communications, agreements, or representations, whether written or oral, concerning the subject matter addressed herein.

10.4 We reserve the right to transfer or assign any and all of our rights and obligations under these Terms to another party by any means, including through novation. By accepting these Terms, you consent to such transfers or assignments. Notice of any such transfer may be provided through updates to these Terms on the Services. If a new party is listed as a party to these Terms, this shall constitute sufficient notice of the transfer unless explicitly stated otherwise.

10.5 Communication through the Services is considered electronic communication. By interacting with us electronically—whether through the Services, email, or other online methods—you agree to receive communications from us electronically. These communications, including notices, agreements, and disclosures, are legally equivalent to written communications. Additionally, by clicking buttons such as “SUBMIT,” “CONTINUE,” “REGISTER,” “I AGREE,” or similar, you acknowledge and agree that your action constitutes a legally binding electronic signature, signifying your agreement to these Terms. YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND RECORDS AND AGREE TO ELECTRONIC DELIVERY OF ALL RELATED NOTICES AND TRANSACTIONS.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Last Updated: 03 December 2024