Welcome to Thinkertools
seeking a better world through collaborative knowledge building
seeking a better world through collaborative knowledge building
Privacy (summary)
We don't create persistent cookies. However, when you sign into your account you're logged into the Thinkertools world until you log out or close your browser.
We don't sell or otherwise provide your information to any other entity. Your name doesn't appear outside of your Team or Organization. We maintain security protocols to keep your information secure.
We don't collect other data from you or about your use of the system other than what you enter. The data you enter remains on the system until a request for removal is approved by Thinkertools.
For more info, email info@thinkertools.org. Return to the Thinkertools org home page.
We don't create persistent cookies. However, when you sign into your account you're logged into the Thinkertools world until you log out or close your browser.
We don't sell or otherwise provide your information to any other entity. Your name doesn't appear outside of your Team or Organization. We maintain security protocols to keep your information secure.
We don't collect other data from you or about your use of the system other than what you enter. The data you enter remains on the system until a request for removal is approved by Thinkertools.
For more info, email info@thinkertools.org. Return to the Thinkertools org home page.
Terms of Use (summary)
To use any platform, application, or tool you'll need an account. They are free to set up. We require only your real name and email to sign up. You'll be asked to create a username and a password.
We won't contact you with your email unless you request support or modify your account. System updates and other messages come through the Thinkertools Message system.
By using Thinkertools, you agree not to post false information, hate messages, or other offensive content. Data or other content must meet the intended purpose of Thinkertools for knowledge building, learning, collaboration, and other constructive reasons. Data or content that violates these terms can be removed.
To use any platform, application, or tool you'll need an account. They are free to set up. We require only your real name and email to sign up. You'll be asked to create a username and a password.
We won't contact you with your email unless you request support or modify your account. System updates and other messages come through the Thinkertools Message system.
By using Thinkertools, you agree not to post false information, hate messages, or other offensive content. Data or other content must meet the intended purpose of Thinkertools for knowledge building, learning, collaboration, and other constructive reasons. Data or content that violates these terms can be removed.
Full Privacy Statement
This Thinkertools, nonprofit corporation (“Thinkertools”) Privacy Notice applies to your use of https://thinkertools.org/ and/or thinkertools.us, and any other websites, applications, or services provided, owned, or operated by Thinkertools that link or refer to this Privacy Notice (collectively, the “Thinkertools Services”). This Privacy Notice is entered into in conjunction with Thinkertools’ Terms of Use.
Thinkertools values the privacy of Members, subscribers, publishers, and others who visit and use the Thinkertools Services (collectively or individually, “you” or “Members”) and wants you to be familiar with how we collect, use, and disclose personal information from and about you. This notice describes our privacy policy. By visiting https://thinkertools.org/ and/or thinkertools.us, setting up your Thinkertools account, or using the Thinkertools Services, you are accepting the practices described in this Privacy Notice, to the extent permitted by law.
For purposes of data protection laws, Thinkertools is located at: 1157 N EUCLID AVENUE, UPLAND, CA 91786, is the “data controller” of your information collected in connection with the Thinkertools Services.
You may share personal information when using the Thinkertools Services. One example is when you provide login information as part of the Thinkertools account creation process. Another is when you take certain actions on the Thinkertools Services that are public or intended to be public in nature, such as when you post, participate, utilize, search, or collaborate online. Given the social nature of some of the Thinkertools Services, that information may be provided, used, or disclosed by others who are part of that online collaboration. In addition, some features of the Thinkertools Services are designed to provide others with information about Member activity, such as identifying the Member who created or participated in the online collaboration. We encourage you to be mindful of this when you use the Thinkertools Services.
Storage and access to cookies that are set in connection with the Thinkertools Services are governed by the Thinkertools Cookie Policy, explained below.
Personal Information Thinkertools Collects About You
Thinkertools does not collect personal information about you other than your login information. No personal data is collected, stored, sold, or provided to any other third-party entity.
Member-provided Information: Thinkertools does not collect personal information. Thinkertools cautions all Members to avoid providing personally identifying information to other Members while using the Thinkertools Services. Should a Member provide such personal information, i.e. information about yourself to online collaborators, such as your name, voice, and image (in any content you upload), Thinkertools Member-name, email address, postal mailing address, and telephone number, Thinkertools will not collect or retain any such information and disclaims any liability to any and all Members who provide any such personally identifying information while using Thinkertools Services.
How Thinkertools Uses Personal Information
Thinkertools does not use or retain personal information other than the Members’ login credentials. Thinkertools may use your email address and/or telephone number to communicate with you, including to notify you of major Thinkertools Services updates, for customer service purposes, or to contact you regarding any content that you have posted to or downloaded from the Thinkertools Services. If you want to stop receiving notifications by telephone, reply STOP to any text message from us. Note that we may still send you additional informational or transactional notifications.
We may also ask for your consent to process your personal information for a specific purpose that we communicate with you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time, and we will stop the processing of your data for that purpose.
Thinkertools will rely on legal grounds to process your personal information to the extent permitted by applicable law, which may include, without limitation: to honor contractual commitments, to take steps in anticipation of entering into the contract, to fulfill legal obligations, your consent, and Thinkertools’ legitimate interests.
When Thinkertools Discloses Personal Information
Thinkertools does not sell, lease, share, rent, or otherwise deliver any personally identifiable information for any purposes to any companies or persons outside of Thinkertools Services or Thinkertools.
Thinkertools may disclose Member information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence), or respond to a court order, judicial or other government requests, subpoena, or warrant in the manner legally required.
Thinkertools also reserves the right to disclose information that we believe, in good faith, is appropriate or necessary to protect Thinkertools from potential liability or from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims, or allegations; protect the security or integrity of the Thinkertools Services; or protect the rights, property, or safety of Thinkertools, our Members, or others.
Other than as set out in this Privacy Notice, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.
Data Subject Rights and Your Choices
Although Thinkertools does not collect your personal information other than login information, you may decline to share your personal information with Thinkertools. If you would like to access, review, correct, update, suppress, or otherwise limit our use of your login information, you may contact us at: admin@thinkertools.org. Please note that in order to protect your privacy and security, we take reasonable steps to verify your identity before making any changes to your personal information.
For other requests to review, update, delete, or otherwise limit Thinkertools’ use of information that you have provided directly to Thinkertools, you may contact us at: admin@thinkertools.org. In your request, please include your login credentials and any other relevant login information. To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Residents of the European Economic Area (“EEA”), can exercise certain data subject rights available to them under applicable data protection laws. We will comply with requests to exercise these rights in accordance with applicable law. Please note that in some circumstances, we may need to keep processing your information for certain legitimate interests or to comply with a legal obligation. If these rights apply to you, they may permit you to request that we: Obtain access to or a copy of certain personal information we hold about you. Prevent the processing of your personal information for direct marketing purposes (including any direct marketing processing based on profiling). Update personal information that is out of date or incorrect. Delete certain personal information we hold about you. Restrict the way that we process and disclose specific personal information about you. Transfer your personal information to a third-party provider of services. Revoke consent that you previously provided for the processing of your personal information.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
Account Closure and Deletion
If you would like to close your account, please log into your account and request deletion through the Thinkertools Message system. After such a request, Thinkertools will confirm your account deletion, which will delete your profile information on Thinkertools. Thinkertools may still retain certain information about you for the activities described in this Privacy Notice, or as permitted or required by applicable law.
Cookie Policy
Thinkertools does not create persistent cookies—small text files containing a string of alphanumeric characters. Nevertheless, identifying information such as IP addresses may be identifiable while Members are using the Thinkertools Services, but will cease when Members log out of the Thinkertools platform.
Third-Party Services and Websites
The Thinkertools Services does not share any information, nor does it link to or connect with any third-party services, websites, apps, social media, and/or any other third-party providers.
Advertisers and Analytics Providers
Thinkertools does not use third-party Web analytics services in connection with the Thinkertools Services.
Do Not Track
Do Not Track (“DNT”) is a privacy preference that Members can set in certain web browsers. DNT is a way for Members to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. DNT will not affect a Members use of Thinkertools.
Data Security
Thinkertools does not collect data from you or about you other than the information Members provide while utilizing the Thinkertools Services. Such data will remain on the Thinkertools platform and through the Thinkertools Services until Members request a deletion of any such data and Thinkertools approves the request for removal.
Thinkertools uses a variety of managerial, technical, and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to Thinkertools, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Retention of Your Information
Thinkertools maintains data related to your usage of Thinkertools for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required (or permitted) by law such as for tax and accounting purposes, or as otherwise communicated to you. Once you have asked us to close your account and delete your profile information, we will delete all information that we are not required or permitted to retain by law.
Children’s Privacy
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE THINKERTOOLS SERVICES AT ANY TIME OR IN ANY MANNER.
Protecting the privacy of young children is especially important. For that reason, Thinkertools does not knowingly collect or maintain personal information (as defined by the United States Children’s Online Privacy Protection Act) from persons under 13 years-of-age. If Thinkertools learns that personal information of persons under 13 has been collected on or through the Thinkertools Services, Thinkertools will take appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 years old who has become a Thinkertools Services Member, then please contact Thinkertools at: admin@thinkertools.org to have that child’s account terminated and personal information deleted. If you are the parent or legal guardian of a child over the age of 13, but under the age of 18 please review and complete the Parental Consent Form for Thinkertools.
For residents of the EEA, where the processing of personal information is based on consent, Thinkertools will not knowingly engage in that processing for Members under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such Members, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.
Merger, Transfer, or Assignment
In the event that Thinkertools, or some or all assets related to the Thinkertools Services are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Members as part of that merger, acquisition, sale, or other change of control event, including in the course of diligence.
International Data Transfers
Information collected by Thinkertools may be stored and processed in your region, in the United States (for instance in our major data centers), or in any other country where Thinkertools or its affiliates, subsidiaries, partners, or service providers are located or maintain facilities. If we provide any information about you to any such entities, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Notice and applicable law.
Changes and Updates to This Privacy Notice
Thinkertools reserves the right to change, modify, add, or remove portions of this Privacy Notice at any time (for example to reflect updates to the Thinkertools Services or to reflect changes in the law). Please check this Privacy Notice periodically for those changes. Your continued use of the Thinkertools Services after the posting of changes constitutes your binding acceptance of such changes.
We will not materially change our policies and practices to make them less protective of personal information collected in the past under a prior version of the Privacy Notice without the consent of affected individuals.
Thinkertools Contact Information
Please contact Thinkertools with any questions or comments about this Privacy Notice at: admin@thinkertools.org. We will respond to your inquiry within 30 days of its receipt. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
California Privacy Disclosure
This California Privacy disclosure page (“California Notice”) supplements the Thinkertools Privacy Notice. The Thinkertools Privacy Notice describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share personal information, and with whom we share it. These additional disclosures are required by California Consumer Privacy Act and the California “Shine the Light” Law.
A. Categories of Personal Information Collected
The personal information that Thinkertools collects, or has collected from consumers in the twelve months prior to the effective date of this California Notice, fall into the following categories established by the California Consumer Privacy Act, depending on which Thinkertools Service is used: identifiers such as your name, alias, email address, phone numbers, or IP address; internet or other electronic network activity information, including content interaction information, browsing history, and search history; and audio or visual information, such as video and audio recordings if you upload Member-generated content.
B. Data Access and Deletion Rights
Although, Thinkertools does not collect personal information, you have the right under the California Consumer Privacy Act to request information about the collection of your personal information by Thinkertools, or access to or deletion of your login/personal information. If you wish to do any of these things, please contact: admin@thinkertools.org for more information.
Please note that certain information may be exempt from such requests under California law and that, depending on your data choices, certain services may be limited or unavailable. We will not discriminate against you for exercising your rights.
C. No Sale of Personal Information
In the twelve months prior to the effective date of this California Notice, Thinkertools has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.
D. California “Shine the Light” Disclosure
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt-out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not collect or share your login or personal information with third parties for any purposes, including their own direct marketing purposes.
For minors where required, fill in the form, scan, and send to admin@thinkertools.org after setting up the account and note username.
PARENTAL CONSENT FORM FOR THINKERTOOLS
I am the parent or legal guardian of _____________________________ ________________________ (Minor Member: name and username) who is under 18 years of age, and older than 13 years of age. I have read and fully understand Thinkertools’ Terms of Use and Privacy Notice (collectively, “Agreements”). I have had the opportunity to consult legal counsel to assist in my review and understanding of the above Agreements.
I understand, and provide informed consent, that the Minor Member will be accessing and using Thinkertools at: https://thinkertools.org/ and/or thinkertools.us, which are online collaborative services provided by Thinkertools. The Minor Member will also be communicating, posting, and engaging in interactions with both minor and adult Members.
With this Parental Consent Form, I am providing ongoing informed consent for the Minor Member’s use and access to Thinkertools and Thinkertools services while they have an account and are a Member of Thinkertools. At any time, I may revoke this informed consent by contacting Thinkertools at: admin@thinkertools.org. This informed consent will automatically expire upon the deletion of the Minor Member’s Thinkertools account through my request, the Minor Member’s request, the Minor Member reaching the age of 18, Thinkertools’ action, or another occurrence.
As the Minor Member’s parent or legal guardian, I assume all legal responsibility, liability, and obligations that the Minor Member may incur in using Thinkertools and Thinkertools services, as detailed in the Agreements.
By my signature below as the parent or legal guardian, I give my informed consent for the Minor Member to use Thinkertools and Thinkertools services without restriction or limitation, and I release Thinkertools including its owners, organizers, sponsors, and affiliates from any and all liability that may arise from my decision to allow the Minor Member to use Thinkertools and Thinkertools services.
______________________________________________
Signature of Parent or Legal Guardian, Date
______________________________________________
Printed Name of Parent or Legal Guardian
_______________________________________________
E-mail address of Parent or Legal Guardian
This Thinkertools, nonprofit corporation (“Thinkertools”) Privacy Notice applies to your use of https://thinkertools.org/ and/or thinkertools.us, and any other websites, applications, or services provided, owned, or operated by Thinkertools that link or refer to this Privacy Notice (collectively, the “Thinkertools Services”). This Privacy Notice is entered into in conjunction with Thinkertools’ Terms of Use.
Thinkertools values the privacy of Members, subscribers, publishers, and others who visit and use the Thinkertools Services (collectively or individually, “you” or “Members”) and wants you to be familiar with how we collect, use, and disclose personal information from and about you. This notice describes our privacy policy. By visiting https://thinkertools.org/ and/or thinkertools.us, setting up your Thinkertools account, or using the Thinkertools Services, you are accepting the practices described in this Privacy Notice, to the extent permitted by law.
For purposes of data protection laws, Thinkertools is located at: 1157 N EUCLID AVENUE, UPLAND, CA 91786, is the “data controller” of your information collected in connection with the Thinkertools Services.
You may share personal information when using the Thinkertools Services. One example is when you provide login information as part of the Thinkertools account creation process. Another is when you take certain actions on the Thinkertools Services that are public or intended to be public in nature, such as when you post, participate, utilize, search, or collaborate online. Given the social nature of some of the Thinkertools Services, that information may be provided, used, or disclosed by others who are part of that online collaboration. In addition, some features of the Thinkertools Services are designed to provide others with information about Member activity, such as identifying the Member who created or participated in the online collaboration. We encourage you to be mindful of this when you use the Thinkertools Services.
Storage and access to cookies that are set in connection with the Thinkertools Services are governed by the Thinkertools Cookie Policy, explained below.
Personal Information Thinkertools Collects About You
Thinkertools does not collect personal information about you other than your login information. No personal data is collected, stored, sold, or provided to any other third-party entity.
Member-provided Information: Thinkertools does not collect personal information. Thinkertools cautions all Members to avoid providing personally identifying information to other Members while using the Thinkertools Services. Should a Member provide such personal information, i.e. information about yourself to online collaborators, such as your name, voice, and image (in any content you upload), Thinkertools Member-name, email address, postal mailing address, and telephone number, Thinkertools will not collect or retain any such information and disclaims any liability to any and all Members who provide any such personally identifying information while using Thinkertools Services.
How Thinkertools Uses Personal Information
Thinkertools does not use or retain personal information other than the Members’ login credentials. Thinkertools may use your email address and/or telephone number to communicate with you, including to notify you of major Thinkertools Services updates, for customer service purposes, or to contact you regarding any content that you have posted to or downloaded from the Thinkertools Services. If you want to stop receiving notifications by telephone, reply STOP to any text message from us. Note that we may still send you additional informational or transactional notifications.
We may also ask for your consent to process your personal information for a specific purpose that we communicate with you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time, and we will stop the processing of your data for that purpose.
Thinkertools will rely on legal grounds to process your personal information to the extent permitted by applicable law, which may include, without limitation: to honor contractual commitments, to take steps in anticipation of entering into the contract, to fulfill legal obligations, your consent, and Thinkertools’ legitimate interests.
When Thinkertools Discloses Personal Information
Thinkertools does not sell, lease, share, rent, or otherwise deliver any personally identifiable information for any purposes to any companies or persons outside of Thinkertools Services or Thinkertools.
Thinkertools may disclose Member information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence), or respond to a court order, judicial or other government requests, subpoena, or warrant in the manner legally required.
Thinkertools also reserves the right to disclose information that we believe, in good faith, is appropriate or necessary to protect Thinkertools from potential liability or from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims, or allegations; protect the security or integrity of the Thinkertools Services; or protect the rights, property, or safety of Thinkertools, our Members, or others.
Other than as set out in this Privacy Notice, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.
Data Subject Rights and Your Choices
Although Thinkertools does not collect your personal information other than login information, you may decline to share your personal information with Thinkertools. If you would like to access, review, correct, update, suppress, or otherwise limit our use of your login information, you may contact us at: admin@thinkertools.org. Please note that in order to protect your privacy and security, we take reasonable steps to verify your identity before making any changes to your personal information.
For other requests to review, update, delete, or otherwise limit Thinkertools’ use of information that you have provided directly to Thinkertools, you may contact us at: admin@thinkertools.org. In your request, please include your login credentials and any other relevant login information. To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Residents of the European Economic Area (“EEA”), can exercise certain data subject rights available to them under applicable data protection laws. We will comply with requests to exercise these rights in accordance with applicable law. Please note that in some circumstances, we may need to keep processing your information for certain legitimate interests or to comply with a legal obligation. If these rights apply to you, they may permit you to request that we: Obtain access to or a copy of certain personal information we hold about you. Prevent the processing of your personal information for direct marketing purposes (including any direct marketing processing based on profiling). Update personal information that is out of date or incorrect. Delete certain personal information we hold about you. Restrict the way that we process and disclose specific personal information about you. Transfer your personal information to a third-party provider of services. Revoke consent that you previously provided for the processing of your personal information.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
Account Closure and Deletion
If you would like to close your account, please log into your account and request deletion through the Thinkertools Message system. After such a request, Thinkertools will confirm your account deletion, which will delete your profile information on Thinkertools. Thinkertools may still retain certain information about you for the activities described in this Privacy Notice, or as permitted or required by applicable law.
Cookie Policy
Thinkertools does not create persistent cookies—small text files containing a string of alphanumeric characters. Nevertheless, identifying information such as IP addresses may be identifiable while Members are using the Thinkertools Services, but will cease when Members log out of the Thinkertools platform.
Third-Party Services and Websites
The Thinkertools Services does not share any information, nor does it link to or connect with any third-party services, websites, apps, social media, and/or any other third-party providers.
Advertisers and Analytics Providers
Thinkertools does not use third-party Web analytics services in connection with the Thinkertools Services.
Do Not Track
Do Not Track (“DNT”) is a privacy preference that Members can set in certain web browsers. DNT is a way for Members to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. DNT will not affect a Members use of Thinkertools.
Data Security
Thinkertools does not collect data from you or about you other than the information Members provide while utilizing the Thinkertools Services. Such data will remain on the Thinkertools platform and through the Thinkertools Services until Members request a deletion of any such data and Thinkertools approves the request for removal.
Thinkertools uses a variety of managerial, technical, and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to Thinkertools, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Retention of Your Information
Thinkertools maintains data related to your usage of Thinkertools for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required (or permitted) by law such as for tax and accounting purposes, or as otherwise communicated to you. Once you have asked us to close your account and delete your profile information, we will delete all information that we are not required or permitted to retain by law.
Children’s Privacy
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE THINKERTOOLS SERVICES AT ANY TIME OR IN ANY MANNER.
Protecting the privacy of young children is especially important. For that reason, Thinkertools does not knowingly collect or maintain personal information (as defined by the United States Children’s Online Privacy Protection Act) from persons under 13 years-of-age. If Thinkertools learns that personal information of persons under 13 has been collected on or through the Thinkertools Services, Thinkertools will take appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 years old who has become a Thinkertools Services Member, then please contact Thinkertools at: admin@thinkertools.org to have that child’s account terminated and personal information deleted. If you are the parent or legal guardian of a child over the age of 13, but under the age of 18 please review and complete the Parental Consent Form for Thinkertools.
For residents of the EEA, where the processing of personal information is based on consent, Thinkertools will not knowingly engage in that processing for Members under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such Members, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.
Merger, Transfer, or Assignment
In the event that Thinkertools, or some or all assets related to the Thinkertools Services are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Members as part of that merger, acquisition, sale, or other change of control event, including in the course of diligence.
International Data Transfers
Information collected by Thinkertools may be stored and processed in your region, in the United States (for instance in our major data centers), or in any other country where Thinkertools or its affiliates, subsidiaries, partners, or service providers are located or maintain facilities. If we provide any information about you to any such entities, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Notice and applicable law.
Changes and Updates to This Privacy Notice
Thinkertools reserves the right to change, modify, add, or remove portions of this Privacy Notice at any time (for example to reflect updates to the Thinkertools Services or to reflect changes in the law). Please check this Privacy Notice periodically for those changes. Your continued use of the Thinkertools Services after the posting of changes constitutes your binding acceptance of such changes.
We will not materially change our policies and practices to make them less protective of personal information collected in the past under a prior version of the Privacy Notice without the consent of affected individuals.
Thinkertools Contact Information
Please contact Thinkertools with any questions or comments about this Privacy Notice at: admin@thinkertools.org. We will respond to your inquiry within 30 days of its receipt. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
California Privacy Disclosure
This California Privacy disclosure page (“California Notice”) supplements the Thinkertools Privacy Notice. The Thinkertools Privacy Notice describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share personal information, and with whom we share it. These additional disclosures are required by California Consumer Privacy Act and the California “Shine the Light” Law.
A. Categories of Personal Information Collected
The personal information that Thinkertools collects, or has collected from consumers in the twelve months prior to the effective date of this California Notice, fall into the following categories established by the California Consumer Privacy Act, depending on which Thinkertools Service is used: identifiers such as your name, alias, email address, phone numbers, or IP address; internet or other electronic network activity information, including content interaction information, browsing history, and search history; and audio or visual information, such as video and audio recordings if you upload Member-generated content.
B. Data Access and Deletion Rights
Although, Thinkertools does not collect personal information, you have the right under the California Consumer Privacy Act to request information about the collection of your personal information by Thinkertools, or access to or deletion of your login/personal information. If you wish to do any of these things, please contact: admin@thinkertools.org for more information.
Please note that certain information may be exempt from such requests under California law and that, depending on your data choices, certain services may be limited or unavailable. We will not discriminate against you for exercising your rights.
C. No Sale of Personal Information
In the twelve months prior to the effective date of this California Notice, Thinkertools has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.
D. California “Shine the Light” Disclosure
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt-out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not collect or share your login or personal information with third parties for any purposes, including their own direct marketing purposes.
For minors where required, fill in the form, scan, and send to admin@thinkertools.org after setting up the account and note username.
PARENTAL CONSENT FORM FOR THINKERTOOLS
I am the parent or legal guardian of _____________________________ ________________________ (Minor Member: name and username) who is under 18 years of age, and older than 13 years of age. I have read and fully understand Thinkertools’ Terms of Use and Privacy Notice (collectively, “Agreements”). I have had the opportunity to consult legal counsel to assist in my review and understanding of the above Agreements.
I understand, and provide informed consent, that the Minor Member will be accessing and using Thinkertools at: https://thinkertools.org/ and/or thinkertools.us, which are online collaborative services provided by Thinkertools. The Minor Member will also be communicating, posting, and engaging in interactions with both minor and adult Members.
With this Parental Consent Form, I am providing ongoing informed consent for the Minor Member’s use and access to Thinkertools and Thinkertools services while they have an account and are a Member of Thinkertools. At any time, I may revoke this informed consent by contacting Thinkertools at: admin@thinkertools.org. This informed consent will automatically expire upon the deletion of the Minor Member’s Thinkertools account through my request, the Minor Member’s request, the Minor Member reaching the age of 18, Thinkertools’ action, or another occurrence.
As the Minor Member’s parent or legal guardian, I assume all legal responsibility, liability, and obligations that the Minor Member may incur in using Thinkertools and Thinkertools services, as detailed in the Agreements.
By my signature below as the parent or legal guardian, I give my informed consent for the Minor Member to use Thinkertools and Thinkertools services without restriction or limitation, and I release Thinkertools including its owners, organizers, sponsors, and affiliates from any and all liability that may arise from my decision to allow the Minor Member to use Thinkertools and Thinkertools services.
______________________________________________
Signature of Parent or Legal Guardian, Date
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Printed Name of Parent or Legal Guardian
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E-mail address of Parent or Legal Guardian
Full Terms of Use
1. Introduction; Your Agreement to these Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the online collaborative services operated by the non-profit Thinkertools (collectively with its affiliates, “Thinkertools” or “We”) consisting of the website available at https://thinkertools.org/, thinkertools.us, and its network of websites, software applications, or any other products or services offered by Thinkertools (“Thinkertools”). Other services offered by Thinkertools may be subject to separate terms.
When using Thinkertools, https://thinkertools.org/ and/or thinkertools.us, you will be subject to Thinkertools’ Terms of Use, Privacy Notice, and any additional guidelines or rules that are posted on Thinkertools, made available to you, or disclosed to you in connection with specific services and features, all of which are incorporated by reference herein.
The Terms of Use apply whether you are a user (also referred to as, “Member(s)”) that registers an account with Thinkertools or an unregistered user. You agree that by logging in or otherwise registering, downloading, accessing, or using Thinkertools, you are entering into a legally binding agreement between you and Thinkertools regarding your use of Thinkertools. You acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or otherwise use Thinkertools.
When using Thinkertools or opening an account with Thinkertools on behalf of a company, entity, or organization (collectively, “Member Organization”), you represent and warrant that you: (i) are an authorized representative of that Member Organization with the authority to bind that organization to these Terms of Use and grant the licenses set forth herein; and (ii) agree to these Terms of Use on behalf of such Member Organization.
2. Description of Services
Thinkertools is a non-profit that is dedicated to providing and creating the best online platforms and tools to help any formal, informal group, or ad hoc teams collaboratively build new knowledge through its online platforms. Thinkertools is an online collaborative service that can be used anywhere in the world and on any platform with various knowledge building functions. A person (“Member”) or Member Organization utilizes Thinkertools by logging in to Thinkertools through its online website at: https://thinkertools.org/, thinkertools.us.
3. Use of Thinkertools by Minors and Blocked Persons
Thinkertools is not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use Thinkertools under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. You must also have your parent or legal guardian complete the Parental Consent Form for Thinkertools. Please refer to the Parental Consent Form for Thinkertools for more information.
Thinkertools is also not available to any users previously removed from Thinkertools by Thinkertools or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY LOGGING IN, DOWNLOADING, INSTALLING, OR OTHERWISE USING THINKERTOOLS, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF USE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THINKERTOOLS.
4. Privacy Notice
Your privacy is important to Thinkertools. Please review our Privacy Notice for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use Thinkertools.
5. Obligations
Thinkertools’ Obligations. Thinkertools has the general obligation to provide Thinkertools as a full-time online collaborative and knowledge building service. Thinkertools shall provide the technical measures necessary for the full-time service of Thinkertools, such as the establishment, improvement, and system integration of Thinkertools. However, the Member or Member Organization shall have no recourse and Thinkertools, no liability, if Thinkertools becomes temporarily suspended. Thinkertools will make its best efforts to notify the Member or Member Organization of the cause and expected delay in use of Thinkertools. Such suspensions include, but are not limited to the following:
Thinkertools systems repair, replacement, inspection, expansion, replacement, and repair or construction of the Thinkertools facilities itself;
Thinkertools fails due to a third-party interruption such as, a network, Internet, or wireless network failure;
Thinkertools is interrupted or fails through a force majeure event that is not controlled by Thinkertools including but not limited to a natural disaster, state emergency situation, pandemic, war, blackout, or act of god;
Thinkertools will provide its best efforts to promptly recover Thinkertools from any interruption or cessation of service.
Member Obligations. Member shall comply with this Terms of Use, Privacy Notice, and any other guidelines provided by Thinkertools. Member shall not engage in any conduct as defined in Section 11, Prohibited Conduct of this Terms of Use while using Thinkertools. Any violation of the Terms of Use, Privacy Notice, or any other guidelines provided by Thinkertools shall result in the following:
Temporary suspension of Member’s use or account per Section 15;
Termination of Member’s use or account per Section 15;
Enforcement of any and all legal rights, remedies, and damages afforded to Thinkertools. Any delay in enforcing Thinkertools legal rights shall not constitute any wavier of those rights, remedies, and damages.
6. Account
Account and Password. In order to open an account and/or login to Thinkertools, you will be asked to provide Thinkertools with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account, your password, and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines on behalf of all other persons who use Thinkertools under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Thinkertools upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Thinkertools, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Thinkertools reserves all available legal rights and remedies to prevent unauthorized use of Thinkertools, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. Use of Devices and Services
Access to Thinkertools may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing Thinkertools.
8. Modification of these Terms of Use
Thinkertools may amend any of the terms of these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines by posting the amended terms. Your continued use of Thinkertools after the effective date of the revised Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines constitutes your acceptance of the terms.
9. License
Thinkertools is owned and operated by the non-profit Thinkertools. Unless otherwise indicated, all content, information, and other materials on Thinkertools (excluding Member Content, set out in Section 10 below), including, without limitation, Thinkertools’ trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Thinkertools or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Thinkertools, by agreeing to these Terms of Use you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use Thinkertools for your personal use or internal business use only.
Thinkertools reserves all rights not expressly granted in these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines. This license is subject to these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines and does not permit you to engage in any of the following: (a) resale or commercial use of Thinkertools or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of Thinkertools or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of Thinkertools, the Materials, or any information contained in them, except as expressly permitted on Thinkertools; or (f) any use of Thinkertools or the Materials except for their intended purposes. Any use of Thinkertools or the Materials except as specifically authorized in these Terms of Use, without the prior written permission of Thinkertools, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Thinkertools can terminate this license as set out in Section 15.
10. Member Content
Thinkertools allows Members to engage in online collaboration that is public or intended to be public in nature, such as when Members post, participate, communicate, utilize, search, or collaborate online through Thinkertools (“Member Content”).
License to Thinkertools.
Unless otherwise agreed to in a written agreement between you and Thinkertools that was signed by an authorized representative of Thinkertools, if you submit, transmit, display, perform, post, or store Member Content using Thinkertools, you grant Thinkertools and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Member Content (including without limitation for promoting and redistributing part or all of Thinkertools (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such Member Content. Should such Member Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Thinkertools and its sub-licensees are allowed to use them to the extent indicated in these Terms of Use.
With respect to Member Content, the rights granted by you hereunder terminate once you remove or delete Member Content from Thinkertools or otherwise terminate or delete your account. You also acknowledge that Thinkertools may retain, but not display, distribute, or perform, server copies of Member Content that have been removed or deleted or otherwise remain in the possession of Thinkertools.
Member Content Representations and Warranties. You are solely responsible for your Member Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the Member Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Member Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your Member Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your Member Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Thinkertools or third parties. Thinkertools reserves all rights and remedies against any users who breach these representations and warranties.
Content is Uploaded at Your Own Risk. Thinkertools uses reasonable security measures in order to attempt to protect Member Content against unauthorized copying and distribution. However, Thinkertools does not guarantee that any unauthorized copying, use, or distribution of Member Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Thinkertools shall not be liable for any unauthorized copying, use, or distribution of Member Content by third parties and release and forever waive any claims you may have against Thinkertools for any such unauthorized copying or usage of the Member Content, under any theory. THE SECURITY MEASURES TO PROTECT MEMBER CONTENT USED BY THINKERTOOLS HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Political Activity. Subject to these Terms of Us Privacy Notice, and any other Thinkertools’ guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
You agree not to solicit the use of or use any Thinkertools services for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election.
11. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party rights; not to commit a tort, and that you are solely responsible for your conduct while using Thinkertools.
You agree that you will comply with these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines and will not:
create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
impersonate any person or entity; falsely claim an affiliation with any person or entity; access Thinkertools accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via Thinkertools; or perform any other similar fraudulent activity;
send junk mail or spam to users of Thinkertools, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
harvest or collect email addresses or other contact information of other users from Thinkertools;
defame, harass, abuse, threaten, or defraud users of Thinkertools, or collect or attempt to collect, personal information about users or third parties without their consent;
delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of Thinkertools or Member Content, (b) features that prevent or restrict use or copying of any content accessible through Thinkertools, (c) features that enforce limitations on the use of Thinkertools or Member Content, or (d) the copyright or other proprietary rights notices on Thinkertools or Member Content;
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Thinkertools or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
modify, adapt, translate, or create derivative works based upon Thinkertools or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
interfere with or damage the operation of Thinkertools or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
relay email from a third party’s mail servers without the permission of that third party;
access any website, server, software application, or other computer resource owned, used, and/or licensed by Thinkertools, including but not limited to Thinkertools, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Thinkertools may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Thinkertools, including but not limited to Thinkertools;
manipulate identifiers in order to disguise the origin of any Member Content transmitted through Thinkertools;
interfere with or disrupt Thinkertools or servers or networks connected to Thinkertools, or disobey any requirements, procedures, policies, or regulations of networks connected to Thinkertools; use Thinkertools in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Thinkertools, or that could damage, disable, overburden, or impair the functioning of Thinkertools in any manner;
use or attempt to use another Member’s account without authorization from that Member and Thinkertools;
attempt to circumvent any content-filtering techniques we employ or attempt to access any service or area of Thinkertools that you are not authorized to access;
attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
use Thinkertools for any illegal purpose or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Thinkertools takes no responsibility and assumes no liability for any Member Content or for any loss or damage resulting therefrom, nor is Thinkertools liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using Thinkertools. Your use of Thinkertools is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that Thinkertools will not contain any content that is prohibited by such rules.
Thinkertools is not liable for any statements or representations included in Member Content. Thinkertools does not endorse any Member Content, opinion, recommendation, or advice expressed therein, and Thinkertools expressly disclaims any and all liability in connection with Member Content. To the fullest extent permitted by applicable law, Thinkertools reserves the right to remove, screen, or edit any Member Content posted or stored on Thinkertools at any time and without notice, including where such Member Content violates these Terms of Use, Privacy Notice, any other Thinkertools’ guidelines or applicable law, and you are solely responsible for creating backup copies of and replacing any Member Content you post or store on Thinkertools at your sole cost and expense. Any use of Thinkertools in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use Thinkertools.
12. Respecting Copyright
Thinkertools respects the intellectual property of others and follows the requirements outlined in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on Thinkertools infringes upon your copyright, please submit a notice to: admin@thinkertools.org
13. Trademarks
THINKERTOOLS and the Thinkertools logos, and any other product or service name, logo, or slogan used by Thinkertools, and the look and feel of Thinkertools, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Thinkertools, and may not be used in whole or in part in connection with any product or service that is not Thinkertools’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thinkertools, without our prior written permission. Any use of these trademarks must be in accordance with the Thinkertools. Please contact Thinkertools at: admin@thinkertools.org prior to any such usage.
All other trademarks referenced in Thinkertools are the property of their respective owners. Reference on Thinkertools to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
14. Idea Submission
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Thinkertools or its employees, you acknowledge and agree that Thinkertools shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
15. Termination
To the fullest extent permitted by applicable law, Thinkertools reserves the right, without notice and in our sole discretion, to terminate your license to use Thinkertools (including to post Member Content) and to block or prevent your future access to and use of Thinkertools, including where we reasonably consider that: (a) your use of Thinkertools violates these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines, or applicable law; (b) you fraudulently use or misuse Thinkertools; or (c) we are unable to continue providing Thinkertools to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) Thinkertools, (ii) any term of these Terms of Use, (iii) any policy or practice of Thinkertools in operating Thinkertools, or (iv) any content or information transmitted through Thinkertools, is to terminate your account and to discontinue use of any and all parts of Thinkertools.
16. Disputes
Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Thinkertools, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Thinkertools Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of Thinkertools, any Member Content you post, store, or otherwise transmit in or through Thinkertools, your violation of the rights of any third party, any violation by you of these Terms of Use Terms of Use, Privacy Notice, any other Thinkertools’ guidelines, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Thinkertools Parties of any third-party claim, and Thinkertools reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Thinkertools, and you agree to cooperate with Thinkertools’ defense of these claims. Thinkertools will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THINKERTOOLS AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY THINKERTOOLS; (B) THE THINKERTOOLS PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THINKERTOOLS, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) THINKERTOOLS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THINKERTOOLS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) THINKERTOOLS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE THINKERTOOLS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THINKERTOOLS SAFE, THINKERTOOLS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THINKERTOOLS OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THINKERTOOLS OR THROUGH THINKERTOOLS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability and Damages
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THINKERTOOLS OR THE THINKERTOOLS PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THINKERTOOLS, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THINKERTOOLS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THINKERTOOLS’ RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THINKERTOOLS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THINKERTOOLS EXCEED THE AMOUNT PAID BY YOU, IF ANY, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, THINKERTOOLS SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THINKERTOOLS HAS OFFERED THINKERTOOLS, MEMBER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THINKERTOOLS, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THINKERTOOLS. THINKERTOOLS WOULD NOT BE ABLE TO PROVIDE THINKERTOOLS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Applicable Law and Venue. To the fullest extent permitted by applicable law, you and Thinkertools agree that if you are a Member Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies: PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THINKERTOOLS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THINKERTOOLS.
You and Thinkertools agree to arbitrate any dispute arising from these Terms of Use, Privacy Notice, or your use of Thinkertools, except that you and Thinkertools are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Thinkertools agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Thinkertools shall be sent to: Thinkertools, Attn: Thinkertools Administrator (admin@thinkertools.org). You and Thinkertools further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in San Bernardino County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in San Bernardino, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Thinkertools will not commence against the other a class action, class arbitration, or other representative action or proceeding.
If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Use will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.
Claims. YOU AND THINKERTOOLS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THINKERTOOLS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Miscellaneous
Waiver. If Thinkertools fails to exercise or enforce any right or provision of these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the relevant party.
Severability. If any provision of these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Thinkertools without restriction. Any assignment attempted to be made in violation of this Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines shall be void.
Survival. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 9, 10, 13, and 16-17.
Entire Agreement. The Terms of Use, which incorporate the Privacy Notice and any other Thinkertools’ guidelines, is the entire agreement between you and Thinkertools relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines made by Thinkertools as set forth in Section 8 above.
1. Introduction; Your Agreement to these Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the online collaborative services operated by the non-profit Thinkertools (collectively with its affiliates, “Thinkertools” or “We”) consisting of the website available at https://thinkertools.org/, thinkertools.us, and its network of websites, software applications, or any other products or services offered by Thinkertools (“Thinkertools”). Other services offered by Thinkertools may be subject to separate terms.
When using Thinkertools, https://thinkertools.org/ and/or thinkertools.us, you will be subject to Thinkertools’ Terms of Use, Privacy Notice, and any additional guidelines or rules that are posted on Thinkertools, made available to you, or disclosed to you in connection with specific services and features, all of which are incorporated by reference herein.
The Terms of Use apply whether you are a user (also referred to as, “Member(s)”) that registers an account with Thinkertools or an unregistered user. You agree that by logging in or otherwise registering, downloading, accessing, or using Thinkertools, you are entering into a legally binding agreement between you and Thinkertools regarding your use of Thinkertools. You acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or otherwise use Thinkertools.
When using Thinkertools or opening an account with Thinkertools on behalf of a company, entity, or organization (collectively, “Member Organization”), you represent and warrant that you: (i) are an authorized representative of that Member Organization with the authority to bind that organization to these Terms of Use and grant the licenses set forth herein; and (ii) agree to these Terms of Use on behalf of such Member Organization.
2. Description of Services
Thinkertools is a non-profit that is dedicated to providing and creating the best online platforms and tools to help any formal, informal group, or ad hoc teams collaboratively build new knowledge through its online platforms. Thinkertools is an online collaborative service that can be used anywhere in the world and on any platform with various knowledge building functions. A person (“Member”) or Member Organization utilizes Thinkertools by logging in to Thinkertools through its online website at: https://thinkertools.org/, thinkertools.us.
3. Use of Thinkertools by Minors and Blocked Persons
Thinkertools is not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use Thinkertools under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. You must also have your parent or legal guardian complete the Parental Consent Form for Thinkertools. Please refer to the Parental Consent Form for Thinkertools for more information.
Thinkertools is also not available to any users previously removed from Thinkertools by Thinkertools or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY LOGGING IN, DOWNLOADING, INSTALLING, OR OTHERWISE USING THINKERTOOLS, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF USE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THINKERTOOLS.
4. Privacy Notice
Your privacy is important to Thinkertools. Please review our Privacy Notice for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use Thinkertools.
5. Obligations
Thinkertools’ Obligations. Thinkertools has the general obligation to provide Thinkertools as a full-time online collaborative and knowledge building service. Thinkertools shall provide the technical measures necessary for the full-time service of Thinkertools, such as the establishment, improvement, and system integration of Thinkertools. However, the Member or Member Organization shall have no recourse and Thinkertools, no liability, if Thinkertools becomes temporarily suspended. Thinkertools will make its best efforts to notify the Member or Member Organization of the cause and expected delay in use of Thinkertools. Such suspensions include, but are not limited to the following:
Thinkertools systems repair, replacement, inspection, expansion, replacement, and repair or construction of the Thinkertools facilities itself;
Thinkertools fails due to a third-party interruption such as, a network, Internet, or wireless network failure;
Thinkertools is interrupted or fails through a force majeure event that is not controlled by Thinkertools including but not limited to a natural disaster, state emergency situation, pandemic, war, blackout, or act of god;
Thinkertools will provide its best efforts to promptly recover Thinkertools from any interruption or cessation of service.
Member Obligations. Member shall comply with this Terms of Use, Privacy Notice, and any other guidelines provided by Thinkertools. Member shall not engage in any conduct as defined in Section 11, Prohibited Conduct of this Terms of Use while using Thinkertools. Any violation of the Terms of Use, Privacy Notice, or any other guidelines provided by Thinkertools shall result in the following:
Temporary suspension of Member’s use or account per Section 15;
Termination of Member’s use or account per Section 15;
Enforcement of any and all legal rights, remedies, and damages afforded to Thinkertools. Any delay in enforcing Thinkertools legal rights shall not constitute any wavier of those rights, remedies, and damages.
6. Account
Account and Password. In order to open an account and/or login to Thinkertools, you will be asked to provide Thinkertools with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account, your password, and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines on behalf of all other persons who use Thinkertools under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Thinkertools upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Thinkertools, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Thinkertools reserves all available legal rights and remedies to prevent unauthorized use of Thinkertools, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. Use of Devices and Services
Access to Thinkertools may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing Thinkertools.
8. Modification of these Terms of Use
Thinkertools may amend any of the terms of these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines by posting the amended terms. Your continued use of Thinkertools after the effective date of the revised Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines constitutes your acceptance of the terms.
9. License
Thinkertools is owned and operated by the non-profit Thinkertools. Unless otherwise indicated, all content, information, and other materials on Thinkertools (excluding Member Content, set out in Section 10 below), including, without limitation, Thinkertools’ trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Thinkertools or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Thinkertools, by agreeing to these Terms of Use you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use Thinkertools for your personal use or internal business use only.
Thinkertools reserves all rights not expressly granted in these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines. This license is subject to these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines and does not permit you to engage in any of the following: (a) resale or commercial use of Thinkertools or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of Thinkertools or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of Thinkertools, the Materials, or any information contained in them, except as expressly permitted on Thinkertools; or (f) any use of Thinkertools or the Materials except for their intended purposes. Any use of Thinkertools or the Materials except as specifically authorized in these Terms of Use, without the prior written permission of Thinkertools, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Thinkertools can terminate this license as set out in Section 15.
10. Member Content
Thinkertools allows Members to engage in online collaboration that is public or intended to be public in nature, such as when Members post, participate, communicate, utilize, search, or collaborate online through Thinkertools (“Member Content”).
License to Thinkertools.
Unless otherwise agreed to in a written agreement between you and Thinkertools that was signed by an authorized representative of Thinkertools, if you submit, transmit, display, perform, post, or store Member Content using Thinkertools, you grant Thinkertools and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Member Content (including without limitation for promoting and redistributing part or all of Thinkertools (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such Member Content. Should such Member Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Thinkertools and its sub-licensees are allowed to use them to the extent indicated in these Terms of Use.
With respect to Member Content, the rights granted by you hereunder terminate once you remove or delete Member Content from Thinkertools or otherwise terminate or delete your account. You also acknowledge that Thinkertools may retain, but not display, distribute, or perform, server copies of Member Content that have been removed or deleted or otherwise remain in the possession of Thinkertools.
Member Content Representations and Warranties. You are solely responsible for your Member Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the Member Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Member Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your Member Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your Member Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Thinkertools or third parties. Thinkertools reserves all rights and remedies against any users who breach these representations and warranties.
Content is Uploaded at Your Own Risk. Thinkertools uses reasonable security measures in order to attempt to protect Member Content against unauthorized copying and distribution. However, Thinkertools does not guarantee that any unauthorized copying, use, or distribution of Member Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Thinkertools shall not be liable for any unauthorized copying, use, or distribution of Member Content by third parties and release and forever waive any claims you may have against Thinkertools for any such unauthorized copying or usage of the Member Content, under any theory. THE SECURITY MEASURES TO PROTECT MEMBER CONTENT USED BY THINKERTOOLS HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Political Activity. Subject to these Terms of Us Privacy Notice, and any other Thinkertools’ guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
You agree not to solicit the use of or use any Thinkertools services for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election.
11. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party rights; not to commit a tort, and that you are solely responsible for your conduct while using Thinkertools.
You agree that you will comply with these Terms of Use, Privacy Notice, and any other Thinkertools’ guidelines and will not:
create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
impersonate any person or entity; falsely claim an affiliation with any person or entity; access Thinkertools accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via Thinkertools; or perform any other similar fraudulent activity;
send junk mail or spam to users of Thinkertools, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
harvest or collect email addresses or other contact information of other users from Thinkertools;
defame, harass, abuse, threaten, or defraud users of Thinkertools, or collect or attempt to collect, personal information about users or third parties without their consent;
delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of Thinkertools or Member Content, (b) features that prevent or restrict use or copying of any content accessible through Thinkertools, (c) features that enforce limitations on the use of Thinkertools or Member Content, or (d) the copyright or other proprietary rights notices on Thinkertools or Member Content;
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Thinkertools or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
modify, adapt, translate, or create derivative works based upon Thinkertools or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
interfere with or damage the operation of Thinkertools or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
relay email from a third party’s mail servers without the permission of that third party;
access any website, server, software application, or other computer resource owned, used, and/or licensed by Thinkertools, including but not limited to Thinkertools, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Thinkertools may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Thinkertools, including but not limited to Thinkertools;
manipulate identifiers in order to disguise the origin of any Member Content transmitted through Thinkertools;
interfere with or disrupt Thinkertools or servers or networks connected to Thinkertools, or disobey any requirements, procedures, policies, or regulations of networks connected to Thinkertools; use Thinkertools in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Thinkertools, or that could damage, disable, overburden, or impair the functioning of Thinkertools in any manner;
use or attempt to use another Member’s account without authorization from that Member and Thinkertools;
attempt to circumvent any content-filtering techniques we employ or attempt to access any service or area of Thinkertools that you are not authorized to access;
attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
use Thinkertools for any illegal purpose or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Thinkertools takes no responsibility and assumes no liability for any Member Content or for any loss or damage resulting therefrom, nor is Thinkertools liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using Thinkertools. Your use of Thinkertools is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that Thinkertools will not contain any content that is prohibited by such rules.
Thinkertools is not liable for any statements or representations included in Member Content. Thinkertools does not endorse any Member Content, opinion, recommendation, or advice expressed therein, and Thinkertools expressly disclaims any and all liability in connection with Member Content. To the fullest extent permitted by applicable law, Thinkertools reserves the right to remove, screen, or edit any Member Content posted or stored on Thinkertools at any time and without notice, including where such Member Content violates these Terms of Use, Privacy Notice, any other Thinkertools’ guidelines or applicable law, and you are solely responsible for creating backup copies of and replacing any Member Content you post or store on Thinkertools at your sole cost and expense. Any use of Thinkertools in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use Thinkertools.
12. Respecting Copyright
Thinkertools respects the intellectual property of others and follows the requirements outlined in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on Thinkertools infringes upon your copyright, please submit a notice to: admin@thinkertools.org
13. Trademarks
THINKERTOOLS and the Thinkertools logos, and any other product or service name, logo, or slogan used by Thinkertools, and the look and feel of Thinkertools, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Thinkertools, and may not be used in whole or in part in connection with any product or service that is not Thinkertools’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thinkertools, without our prior written permission. Any use of these trademarks must be in accordance with the Thinkertools. Please contact Thinkertools at: admin@thinkertools.org prior to any such usage.
All other trademarks referenced in Thinkertools are the property of their respective owners. Reference on Thinkertools to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
14. Idea Submission
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Thinkertools or its employees, you acknowledge and agree that Thinkertools shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
15. Termination
To the fullest extent permitted by applicable law, Thinkertools reserves the right, without notice and in our sole discretion, to terminate your license to use Thinkertools (including to post Member Content) and to block or prevent your future access to and use of Thinkertools, including where we reasonably consider that: (a) your use of Thinkertools violates these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines, or applicable law; (b) you fraudulently use or misuse Thinkertools; or (c) we are unable to continue providing Thinkertools to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) Thinkertools, (ii) any term of these Terms of Use, (iii) any policy or practice of Thinkertools in operating Thinkertools, or (iv) any content or information transmitted through Thinkertools, is to terminate your account and to discontinue use of any and all parts of Thinkertools.
16. Disputes
Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Thinkertools, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Thinkertools Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of Thinkertools, any Member Content you post, store, or otherwise transmit in or through Thinkertools, your violation of the rights of any third party, any violation by you of these Terms of Use Terms of Use, Privacy Notice, any other Thinkertools’ guidelines, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Thinkertools Parties of any third-party claim, and Thinkertools reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Thinkertools, and you agree to cooperate with Thinkertools’ defense of these claims. Thinkertools will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THINKERTOOLS AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY THINKERTOOLS; (B) THE THINKERTOOLS PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THINKERTOOLS, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) THINKERTOOLS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THINKERTOOLS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) THINKERTOOLS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE THINKERTOOLS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THINKERTOOLS SAFE, THINKERTOOLS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THINKERTOOLS OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THINKERTOOLS OR THROUGH THINKERTOOLS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability and Damages
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THINKERTOOLS OR THE THINKERTOOLS PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THINKERTOOLS, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THINKERTOOLS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THINKERTOOLS’ RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THINKERTOOLS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THINKERTOOLS EXCEED THE AMOUNT PAID BY YOU, IF ANY, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, THINKERTOOLS SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THINKERTOOLS HAS OFFERED THINKERTOOLS, MEMBER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THINKERTOOLS, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THINKERTOOLS. THINKERTOOLS WOULD NOT BE ABLE TO PROVIDE THINKERTOOLS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Applicable Law and Venue. To the fullest extent permitted by applicable law, you and Thinkertools agree that if you are a Member Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies: PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THINKERTOOLS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THINKERTOOLS.
You and Thinkertools agree to arbitrate any dispute arising from these Terms of Use, Privacy Notice, or your use of Thinkertools, except that you and Thinkertools are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Thinkertools agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Thinkertools shall be sent to: Thinkertools, Attn: Thinkertools Administrator (admin@thinkertools.org). You and Thinkertools further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in San Bernardino County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in San Bernardino, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Thinkertools will not commence against the other a class action, class arbitration, or other representative action or proceeding.
If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Use will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.
Claims. YOU AND THINKERTOOLS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THINKERTOOLS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Miscellaneous
Waiver. If Thinkertools fails to exercise or enforce any right or provision of these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the relevant party.
Severability. If any provision of these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Thinkertools without restriction. Any assignment attempted to be made in violation of this Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines shall be void.
Survival. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 9, 10, 13, and 16-17.
Entire Agreement. The Terms of Use, which incorporate the Privacy Notice and any other Thinkertools’ guidelines, is the entire agreement between you and Thinkertools relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Use, Privacy Notice, or any other Thinkertools’ guidelines made by Thinkertools as set forth in Section 8 above.