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ThoughtCloud Terms of Use

Last Modified: June 22, 2020

Acceptance of the Terms of Use

These Terms of Use (“Terms”) constitute a legal agreement between you and Nature Catalyst LLC DBA ThoughtCloud (“Company,” “we,” or “us“). These Terms govern your access to and use of thoughtcloud.net, including any content, functionality, and services offered on or through thoughtcloud.net (the “Website“).

Please read these Terms carefully before you start to use the Website. We offer the Website to provide information about our products and as a platform for you to purchase our products. These Terms set forth the legally binding terms for your use of our Site and your purchase of our products.

By accessing the Website, signing into your account, or purchasing our products, you agree to these Terms and represent and warrant that you have the right, authority, and capacity to accept and abide by these Terms. You may not access or use this Website, or accept this agreement, unless you are 18 years old. If you are unwilling or unable to accept these terms, do not use this Website.

Privacy Policy

Our Privacy Policy also governs your use of our Site. Please review the Privacy Policy to understand our practices.

Changes to the Terms

We may change, amend, or modify these Terms at any time, without prior notice, by posting new Terms to the Website. Unless otherwise stated, all changes, amendments, or modifications take effect immediately upon being posted. You are expected to periodically check these Terms for any changes. Your continued use of the Site following a change to these Terms constitutes your acceptance of any such changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. All the information you provide on the Website must be correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time for any or no reason if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Company owns the Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (the “Intellectual Property”), which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Intellectual Property without our prior written consent.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any automatic device or process, or any manual means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website contains product reviews or other submissions (“User Contributions”) which allow users to post, submit, publish, display, or transmit to other users or other persons content on the Website.

All User Contributions must comply with the Content Standards set out  in these Terms below.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards (below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the Company during, or as a consequence of, investigations by either such parties or law enforcement authorities.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These Content Standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Online Purchases and Other Terms and Conditions

All products purchased through the Website are governed by these Terms and the Refunds, Returns, and Exchanges Policy, which is hereby incorporated into these Terms. You may not use our products for any illegal or unauthorized purpose. Prices for our products are subject to change without notice. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

To the fullest extent permitted by law, we are not liable for any loss or damage caused by a viruses or other technologically harmful material that may infect your computer equipment, computer programs, internet access, data, or other proprietary material due to your use of the website or any products or services obtained through the website, downloads of any material posted on or linked from the website.

Your use of the website, its content, and any products obtained through the website is at your own risk. The website, its content, and any products obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular use or purpose, and against hidden or latent defects, quality, and title, satisfactory quality, non-infringement, security, and accuracy.

Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or products obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or products obtained through the website will otherwise meet your needs or expectations.

This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

To the fullest extent permitted by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the website, or any links on the website, as well as by any information or reports provided by or through the website. Your sole and exclusive remedy against the Company or its officers, members, employees, or authorized representatives, is your discontinuation of your use of the site and return of our products. Some states, countries, and/or provinces do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct and does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to, and any dispute or claim arising from, the Website and these Terms, or related to (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule of any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in Portland and Multnomah County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, we may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the with the Arbitration Service of Portland (“ASP”) in Portland, Oregon, to be arbitrated according to the then current ASP rules of arbitration.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Miscellaneous

These Terms, which incorporate our Privacy Policy and the Refunds, Returns, and Exchanges Policy, constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. If a provision of these Terms is determined to be unenforceable, the remaining provisions will not be impaired. No waiver by the Company of any terms will be deemed a waiver of any of the other provision in these Terms, and our failure to act with respect to any breach of the Terms does not waive our right to subsequent or similar breaches. The prevailing party in any legal action arising out of or relating to these Terms shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements determined by a court or arbitrator.

Your Comments and Concerns

If you have any inquiries, questions, concerns, or comments, please contact us via email at admin@thoughtcloud.net.