Terms of Service

The terms and conditions described herein (the “Terms of Service”) constitute a legal agreement between you and Thinking Maps.  The Terms of Service govern access to and use of the domain http://www.ThinkingMaps.Com as well as any other of Thinking Maps’s websites, products, services, and content thereon (collectively, the “TM Site”). IF THE TERMS OF SERVICE ARE NOT ACCEPTED BY YOU IN FULL, OR IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE, YOU MUST IMMEDIATELY CEASE ALL ACCESS AND USE OF THE TM SITE.

 

These Terms of Service are effective as of June 1, 2014.

 

1. Definitions.

a. “Content” – Any and all text, images, photos, audio, video, and all other forms of data or communication contained on or generated by use of the TM Site.

b. “Feedback” – Any and all ideas, suggestions, documents, or proposals submitted to Thinking Maps for purposes of improving the TM Site.

c. “Financial Information” – Any information required in order for a User to pay for access or use of the TM Site or to submit payments for purchases through the TM Site, including but not necessarily limited to credit card information and billing address.

d. “Thinking Maps” – Thinking Maps shall refer to Thinking Maps, Inc., a corporation organized under the laws of North Carolina, as well as to its current or future parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, members, employees, agents, and representatives of each.

e. “Thinking Maps Content” – Content created and made available on the TM Site by Thinking Maps or its representatives.

f. “TM Site” – Shall refer to the website available at the domain name http://www.ThinkingMaps.Com as well as any other of Thinking Maps’s websites, products, services and content thereon.

g. “Third-Party” – Collectively refers to all parties other than Thinking Maps and its Users.

h. “Third-Party Content” – Content made available on the TM Site by parties other than Thinking Maps or Users, including but not necessarily limited to data submitted by advertisers.

i. “User” – Anyone who accesses, browses or in any way uses the TM Site, including but not limited to Users with valid User Profiles.  As used in these Terms of Service, the terms “you” and “your” refer to you and/or the business entity or organization that you represent as a User of the TM Site.

j. “User Content” – Any and all content submitted by a User through the TM Site, excluding information requested by TM for creating a User Profile that is not displayed in connection with that User Profile.

k. “User Profile” – Profile and account created by or for a User for the purpose of accessing certain features of the TM Site.

 

2. General.

a. By accessing and using the TM Site, you acknowledge that you have read and understand the Terms of Service and you accept and agree to be bound by the terms and conditions of the Terms of Service.

b. The Terms of Service may be updated by Thinking Maps from time to time without notice. You can review the most current version of the Terms of Service at any time by revisiting this page. You should revisit the Terms of Service on a regular basis as revised versions are binding on you. Thinking Maps may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the TM Site.

c. You understand and agree that your continued access to or use of the TM Site after any modification to the Terms of Service indicates your acceptance of the modification.

d. Thinking Maps may offer other services that are governed by additional or different terms.

e. Subject to the terms and conditions of these Terms of Service, Thinking Maps hereby grants to you a limited, revocable, non-transferable and non-exclusive license to access and use the TM Site by displaying it on your internet browser.  Any breach of these Terms of Service shall result in Thinking Maps’s immediate revocation of the license granted in this paragraph without specific notice to you.

f. If you are an educational institution and/or agent of an educational institution, you agree that use of the TM Site is subject to compliance with the Children’s Online Privacy Protection Act (COPPA) pertaining to collection, use, and disclosure of personal information for children under the age of 13 and the Family Educational Rights and Privacy Act (FERPA) pertaining to parental rights with respect to educational institution’s use of children’s educational records, and hereby agree to comply with those legal obligations.

g. If you or your organization is a User of the TM Site and/or purchases products or services offered on the TM Site, and you or your organization promotes, requires, enables, or otherwise directs children under the age of 13 to become Users of the TM Site, you are responsible for notifying the parents of such children of such activity, and you agree that you and/or your organization are the agent for the parents of such children and have the authority to provide parental consent for children to use the TM Site and for the collection, use, and disclosure of personal information by Thinking Maps pursuant to the Privacy Policy, and hereby do provide verifiable parental consent for such children’s use of the TM Site and for collection, use, and disclosure of personal information from such children by Thinking Maps pursuant to the Privacy Policy.

 

3. Eligibility.

a. You represent, warrant, and covenant that you (a) are of legal age and are under no impairment or infirmity which would render you incompetent to form a binding contract and/or have parental consent to access and use the TM Site; (b) have full and complete authority to enter into and consummate the Terms of Service and access and use the TM Site without breaching any agreement made with any other person or entity, violating any rights of any other person or entity, or violating any laws of the United States or other applicable jurisdiction; (c) will only use the TM Site in a lawful manner; (d) have not been suspended by Thinking Maps or removed from the TM Site; (e) are not a direct competitor of Thinking Maps; and (f) will not have more than one User Profile at any given time, unless authorized by Thinking Maps.

 

4. Translations.

a. Thinking Maps may translate the Terms of Service into languages other than English for your convenience. However, the English version governs your relationship with Thinking Maps and any inconsistencies in the translations will be resolved in favor of the English version.

 

5. TM Site Material.

a. The TM Site may contain Content that you find offensive, indecent, inaccurate, or otherwise objectionable.  Thinking Maps does not endorse such Content and cannot vouch for the

accuracy of Content on the TM Site. Consequently, you access and use the TM Site at your own risk.

b. Thinking Maps may display advertisements and other information adjacent to or included with your Content or otherwise on the TM Site. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of displaying such advertisements are subject to change without specific notice.

 

6. User Profile, Termination, and Survival.

a. You must create a User Profile and provide information about yourself in order to use some of the features of the TM Site. User Profiles are for your own personal or organizational use only. You may not impersonate someone else, create an account for anyone other than yourself, provide any false information or create multiple User Profiles without express permission from Thinking Maps. You will be responsible for all activities that occur with your User Profile.

b. User Profiles may require a password.  You will be responsible for the maintenance and confidentiality of your password.  You agree to notify Thinking Maps immediately of any unauthorized use of your User Profile.

c. Financial Information associated with a User Profile will be treated in accordance with the Thinking Maps Privacy Policy.

d. Thinking Maps reserves the right to terminate your User Profile or terminate the Terms of Service at any time for any or no reason and without advance notice.  If your User Profile is terminated for a violation of these Terms of Service, you will not be entitled to any refund for fees paid prior to termination.

e. All sections or provisions of the Terms of Service regarding payment (for unpaid and owed payment obligations), licenses, waivers, releases, representations and warranties, limitations of liability, indemnification, and others which by their nature are intended to survive, shall apply notwithstanding any other sections or provisions of the Terms of Service, and all such sections and provisions shall survive termination, cancellation, or expiration of the Terms of Service.

 

7. Site Functionality; Product Offers and Purchasing.

a. You must have a valid User Profile to purchase and/or use certain products or services at the TM Site.

b. You are responsible for products or services purchased under your User Profile.

c. Certain products or services on the TM Site may be offered on a subscription basis.  Prices and availability of products and services offered on the TM Site are subject to change without notice, and the purchase of products and services offered on the TM Site are subject to any terms associated with the purchase of such products or services, in addition to these Terms of Service.  Thinking Maps reserves the right to revoke or amend any stated offer at any time, including after an order has been submitted and whether or not the order has been confirmed and/or your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Thinking Maps will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

 

8. Restrictions on Use.  You represent and warrant that you will not engage in the following behavior or assist others in doing so:

a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

b. use the TM Site to promote bigotry or discrimination against protected classes;

c. use the TM Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User’s use of the TM Site;

d. use the TM Site to solicit personal information from minors or to harm or threaten to cause harm to minors in any way;

e. impersonate any person or entity, including, but not limited to, an employee or representative of Thinking Maps, or falsely state or otherwise misrepresent your affiliation with a person or entity;

f. collect or store information about other Users without their informed consent;

g. forge headers or otherwise manipulate identifiers in order to disguise the User’s origin;

h. access, retrieve, or index the TM Site for purposes of constructing or populating a searchable database, including but not limited to a searchable database of products offered, except as expressly authorized by Thinking Maps;

i. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, contests, surveys, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of mass messaging solicitation;

j. use the TM Site for promotional or commercial purposes, except as expressly allowed in writing by Thinking Maps;

k. use the TM Site for keyword spamming or to otherwise attempt to manipulate natural search results;

l. upload, post, email, transmit, or otherwise make available any Content that violates any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any party;

m. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

n. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

o. use the TM Site in violation of these Terms of Service or any applicable law;

p. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the TM Site or its Content (other than your User Content), except as expressly authorized by Thinking Maps;

q. reverse engineer any portion of the TM Site;

r. remove or modify any patent, trademark, copyright, or other proprietary rights notice on the TM Site or on any materials printed or reproduced from the TM Site;

s. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the TM Site, except as expressly authorized by Thinking Maps;

t. offer any contest, giveaway, or sweepstakes on the TM Site without Thinking Maps’s prior written consent; or

u. facilitate or encourage any violations of these Terms of Service.

 

9. Privacy.

a. The Privacy Policy for the TM Site is fully incorporated herein by reference.  The Privacy Policy describes, among other things, (a) how Thinking Maps handles your User information and (b) advertising on the TM Site.

 

10. User Content.

a. You represent that you own, or have the necessary permissions to use, and authorize the use of, your User Content as described herein.

b. User Content is not in any way sponsored or endorsed by Thinking Maps. Consequently, you may not post any User Content that states or implies such a sponsorship or endorsement.

c. Subject to the terms of the incorporated Privacy Policy, you represent and warrant that:

i. Thinking Maps may use User Content in a number of different ways, including displaying it on the TM Site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms;

ii. you hereby irrevocably grant to Thinking Maps permission to use your User Content for any purpose, and you grant to Thinking Maps a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, copyright, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit your User Content;

iii. you unconditionally waive any and all moral rights and non-assignable rights relating to your User Content, including regarding attribution or identification of authorship, integrity, reversion, approval, consent, restriction or limitation on use or subsequent modifications, operation, maintenance, alteration, disassembly, distortion, mutilation, removal, or destruction, including any claims or liability relating to the foregoing.

d. You are solely responsible for and assume all risks associated with any Content that you contribute or that is contributed under your User Profile to the TM Site.  As part of this responsibility, you assume all risks associated with any third-party’s reliance on your submitted Content’s accuracy completeness, or usefulness.  Further, you assume all risks associated with Content that you submit which may make you personally identifiable to third-parties.

e. You may expose yourself to liability if your submitted User Content or Content submitted under your User Profile (1) violates any third-party right, including any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) contains material that is false, intentionally misleading, or defamatory; (3) contains material that is unlawful, including illegal hate speech or pornography; (4) exploits or otherwise harms minors; or (5) violates or advocates the violation of any law or regulation.

f. Thinking Maps may remove or reinstate User Content from time to time at its sole discretion.  Thinking Maps is under no obligation to retain your User Content or to provide you with copies of your User Content.

g. Thinking Maps does not guarantee User confidentiality with respect to User Content.

h. When you delete your User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that such content may persist in backup copies for a reasonable period of time (but will not be available to others).

 

11. Thinking Maps Content.

a. All Thinking Maps Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products and software, is the sole property of Thinking Maps.

b. Thinking Maps also owns or has rights to use the patent, trademark, trade secret, copyright, and other intellectual property or proprietary rights throughout the world associated with Thinking Maps Content and the TM Site.  These rights are protected by applicable intellectual and proprietary laws.  Consequently, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Thinking Maps Content except as expressly authorized by Thinking Maps.

c. Except as expressly and unambiguously provided herein, Thinking Maps does not grant you any express or implied rights, and all rights in and to the TM Site and the Thinking Maps Content are retained by Thinking Maps.

d. Thinking Maps®  is a proprietary trademark of Thinking Maps.

 

12. Third-Party Content.

a. The TM Site may include links to other websites. If you decide to access linked Third-Party websites, you do so at your own risk.

b. The TM Site may include products and/or services offered by Third-Parties.  All Third-Party products and/or services must be ordered directly from such Third-Parties or their representatives and all licenses and warranties relating to such Third-Party products and/or services, if any, are between you and such Third-Party.  Thinking Maps is not responsible for the contents of any Third-Party products and/or services and makes no representations or warranties, express or implied, regarding the content or accuracy of materials, data, or workmanship contained in any such products and/or services.

 

13. Intellectual Property Infringement Policy

a. Thinking Maps takes intellectual property matters seriously.  If you believe that your copyrighted material has been copied in a way that constitutes infringement or that your intellectual property rights have been violated in any other way, please notify Thinking Maps’s agent (at the contact information below) for notice of claims of intellectual property infringement (“Thinking Maps’s Agent”).

b. Due to security concerns, Thinking Maps cannot accept email attachments.  Consequently, if you submit material via email, please include all information in the body of the email and not as an attachment.

c. When contacting Thinking Maps’s Agent, please provide a written submission that includes all of the following information (the “Notice”):

i. An identification of the copyrighted work (or other intellectual property) that you claim is being infringed, or, if you believe multiple works are being infringed, a representative list of such works;

ii. a description of where the material at issue can be found at the TM Site (if possible, please provide a specific URL);

iii. your physical mailing address, telephone number and email address;

iv. a statement by you that you have a good faith belief that the use of the disputed copyrighted work (or other intellectual property) is not authorized by the owner, its agent, or the law;

v. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

vi. your physical or electronic signature.

d. Thinking Maps will remove any infringing material subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

 

14. TM Site Availability.

a. Thinking Maps reserves the right to modify, update, or discontinue the TM Site at its sole discretion, at any time, for any or no reason, and without notice or liability.

 

15. Additional Terms

a. Certain sections or pages on the TM Site, or certain features or services provided thereon, may contain separate terms and conditions, which are in addition to these Terms of Service.  In the event of conflicting provisions, the additional terms and conditions will govern.

 

16. Unauthorized Access.

a. Thinking Maps reserves the right to exercise whatever lawful means Thinking Maps deems necessary to prevent unauthorized access to or use of the TM Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider regarding such unauthorized use.

 

17. Feedback.

a. If you would like to send Feedback to Thinking Maps, you may do so.  By sending Feedback to Thinking Maps, you (1) submit and warrant that your Feedback does not contain information that is subject to a confidentiality agreement or the property of a third party and (2) grant to Thinking Maps a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, copyright, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit the Feedback.  Thinking Maps is under no obligation of confidentiality, express or implied, with respect to the Feedback.

 

18. Use Outside of the United States.

a. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export Content to countries or persons prohibited under the export control laws. By accessing and/or downloading any Content, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any controlled products or information.

 

19. Warranties, Disclaimers, Limitations of Liability and Indemnification.

a. Your use of the TM Site and its Content is at your own discretion and risk, including downloading, viewing, or otherwise obtaining any Content.  You will be solely responsible for any loss or damage resulting from your access or use of the TM Site and/or its Content, including but not limited to any damage to your computer or device, loss of data, from viruses, or other harm.  The TM Site, including all Content, is made available to you on an “as is” and “as available” basis.  You acknowledge and agree that

Thinking Maps is not responsible for any third party action or inaction that affects your use of the TM Site.

b. Thinking Maps makes no warranties, representations, or conditions of any kind, including as to (1) the functionality of the TM Site or its Content, including whether the TM Site or its Content will be uninterrupted, timely, secure, or error-free, or whether any errors will be corrected, (2) whether the TM Site or its Content will meet your requirements or expectations, (3) the accuracy, reliability, integrity, quality, legality, usefulness, or safety of the TM Site or its Content, including but not limited to the products and services offered on the TM Site, or (4) the products and services associated with the TM Site or its Content.

c. Thinking Maps specifically disclaims to the extent allowed under applicable law any and all warranties, whether express, statutory, implied, or other, including, but not limited to, any warranties of fitness for a particular purpose, merchantability, merchantable quality, durability, accuracy or quality of informational content, quiet enjoyment, title, noninfringement, validity, exclusivity, condition, quality, durability, sustainability, arising from a course of dealing, a course of performance, or usage of trade, or under any enactment of the Uniform Computer Information Transactions Act, and oral or written representations, proposals or statements made on or prior to the effective date of these Terms of Service.  To the extent any such warranty may not be disclaimed, any such warranty is hereby limited to the minimum duration and extent allowed under applicable law.

d. Information or advice obtained from the TM Site shall not create any warranty, representation, condition, or obligation not expressly stated in the Terms of Service.

e. Thinking Maps disclaims all liability, and you expressly understand and agree that Thinking Maps is not liable, for (1) direct, indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (2) loss of profits, (3) business interruption, (4) loss of or damage to reputation or goodwill, (5) loss of information or data, or (6) other loss or damage arising out of your use of the TM Site or its Content, even if Thinking Maps has been advised of the possibility of such liability or damages.  You will be solely responsible for any loss or damage resulting from your use of the TM Site and/or its Content, including but not limited to any loss of data or damage to your computer or other device from viruses that may be downloaded to such devices in the course of using the TM Site.

f. Thinking Maps disclaims all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, or other Users on the TM Site.

g. Your sole and exclusive right and remedy in case of dissatisfaction with the TM Site or any other complaint or grievance shall be your termination and discontinuation of use of the TM Site.  Regardless of cause or theory of recovery, whether in contract, tort or otherwise, in no event shall Thinking Maps’s liability under the Terms of Service exceed the total amount that you have paid to Thinking Maps within the twelve (12) month period preceding the date that the claim first arose.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access or use of the TM Site or its Content must be filed within one (1) year after such claim or cause of action arose or be forever barred.

h. You will, at your cost and sole expense, defend, indemnify, and hold free and harmless Thinking Maps, its officers, directors, shareholders, employees, agents, affiliate corporations, successors, and assigns from all liability, losses, costs, expenses, judgments, and damages (including all reasonable attorneys’ fees, costs, and expenses, including court or arbitral costs) incurred by any of them in connection with, as a result of, or arising from any third party claim, action, or suit (including assertion of the foregoing or settlement thereof) either actually or allegedly arising from (a) your failure to comply with applicable laws and regulations, including violation of any intellectual property or other rights of any third party by you or anyone using your User Profile, (b) your violation of the Terms of Service, (c) bodily injury (including death) or damage to property arising from the negligent, fraudulent, or intentional acts or omissions of you, or (d) your access or use of the TM Site or its Content. You may not settle any claims giving rise to an indemnification obligation hereunder where such settlement imposes a monetary obligation that is not covered by the indemnification, imposes any material, non-monetary obligation, or that admits any liability on the part of Thinking Maps and which does not include an unconditional release of Thinking Maps without the prior written consent of Thinking Maps.  Thinking Maps reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Thinking Maps and you agree to cooperate with Thinking Maps’s defense of these claims.

 

20. Miscellaneous.

a. Nothing in the Terms of Service will create or imply an employment or agency relationship between you and Thinking Maps, nor will the Terms of Service be deemed to constitute a joint venture or partnership between you and Thinking Maps.  You do not have any authority of any kind to bind Thinking Maps in any respect whatsoever.  These Terms of Service are solely between you and Thinking Maps and shall not inure to the benefit of others.

b. You consent to having your personal data transferred to and processed in the United States or internationally.

c. Thinking Maps makes no claims that the Content on the TM Site is appropriate or may be downloaded outside of the United States.

d. You may not assign or transfer the Terms of Service or duties or obligations hereunder, in whole or in part, without the prior written consent of Thinking Maps.  Thinking Maps may freely assign or transfer the Terms of Service or its duties and rights hereunder, and all terms and conditions of these Terms of Service will inure to the benefit of and be enforceable by such successors, assigns, subsidiaries, purchasers, or transferees.

e. These Terms of Service will be solely governed by and construed in accordance with the laws of the State of North Carolina and the United States.

f. Any dispute arising out of, connected with or relating to these Terms of Service or any related agreement shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, disputes as to whether a matter is subject to arbitration, claims brought as class actions, or claims arising out of or connected with the transaction reflected by this document. Notwithstanding the arbitration provisions set forth herein, the parties reserve the right to seek an injunction or other equitable relief from a court with applicable authority.  Arbitration shall be conducted under and governed by the pertinent rules of the American Arbitration Association (the “AAA”). All arbitration hearings shall be conducted in North Carolina. The expedited procedures of the AAA shall be applicable to all claims. All applicable statutes of limitation shall apply to a Dispute. A judgment upon the award may be entered in any court having jurisdiction and any decision rendered by the arbitrator shall be final and binding on the parties. The single arbitrator selected for expedited procedure shall be a licensed attorney.

g. If any court proceeding is necessary to enforce the terms or conditions of the Terms of Service, such disputes shall be exclusively subject to jurisdiction and resolution in the state or federal courts located in North Carolina, without regard to conflict of laws under any jurisdiction, and you and Thinking Maps agree to submit to the personal and

exclusive jurisdiction of and venue in the state and federal courts located in North Carolina in event of any such dispute.  You agree that your access and use of the TM Site and its Content occurs solely within North Carolina, USA, regardless of where your computer, browser, or device is physically located, and that the TM Site and its Content are located in, served from, and performed wholly within North Carolina, USA.

h. If any legal proceeding is necessary to enforce the terms or conditions of the Terms of Service, the prevailing party will be entitled to reasonable attorneys’ fees and costs.

i. If any provision, or portion thereof, of the Terms of Service is unenforceable, prohibited, or invalid under, or contrary to, any applicable statute or rule of law, it will be modified to the least extent necessary to make it enforceable, such unenforceability shall not affect any other provision of the Terms of Service, and the remaining Terms of Service will remain in full force and effect.  Further, such invalidity, prohibition, or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

j. Waiver of any breach will not be construed to be a waiver of any other breach.  All waivers must be in writing, and signed by the party waiving its rights.

k. The headings for the sections herein are inserted for convenience of reference and are not intended to be a part of or to affect the meaning or interpretation of the Terms of Service.

l. The Terms of Service including the documents incorporated herein by reference constitutes the entire agreement between you and Thinking Maps with respect to its subject matter, governs your access and use of the TM Site and its Content, and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter.  You acknowledge that you have not been induced to enter into these Terms of Service by any representations or promises not specifically stated herein.  Neither you nor Thinking Maps shall be considered the drafter of these Terms of Service, or any provisions of these Terms of Service, for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter.  You also may be subject to additional terms and conditions that may apply when you access, use, or purchase certain other products or services.  You agree that the Terms of Service constitutes a set form in writing, whether or not you choose to print the Terms of Service, including the terms and conditions as described herein.

 

If you have any questions or concerns regarding these Terms of Service, you may contact Thinking Maps.  Please report any violations of the Terms of Service to Thinking Maps.

 

Legal Dept.
Thinking Maps, Inc.
401 Cascade Point Lane
Cary, North Carolina 27513
TMLegal@ThinkingMaps.com