By utilizing the Thinking Outside the Boxe (TOTB) website, you (“User”) acknowledge that you have read, understood, and agree to comply with the terms and conditions stated within this agreement (“Agreement”). TOTB may amend these terms and conditions at any time. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.
User agrees that all the information posted or accessed will be used only for informational or
educational purposes. There may be no resale, commercial, or other unauthorized use of interactive features or other content of this website. User may not conduct business or actively solicit actions which are prohibited by law or which violate any federal, state, or local laws.
To access certain portions of this website, Users may be required to become registered users of the TOTB website. Users agree to provide truthful and accurate information during the registration process or when prompted to submit information through a form or e-mail request from authorized TOTB staff.
Users also agree to maintain the accuracy of any submitted data. If User provides any information that is untrue, inaccurate, or incomplete, TOTB reserves the right to terminate User’s registration and suspend User’s use of any and all services offered through this website.
CORPORATE IDENTIFICATION & TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively “Marks”) used or referred to on this website are the property of TOTB and/or its affiliates, advertisers or partners, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without the prior written consent of TOTB. The use of TOTB’s Marks on any other website, without the prior written consent of TOTB, is strictly prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this website are copyrighted except where explicitly noted otherwise. ©Global Financial Analysts, Inc./TOTB. All rights reserved. User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is permitted to use this Content only as expressly authorized by this Agreement and User may not copy, reproduce, distribute or
create derivative works from this Content without the prior written consent of TOTB.
LINKS TO THIRD PARTY SITES
TOTB may provide Users with links to other websites. These third party sites are not under the control of TOTB, and User acknowledges that TOTB is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that TOTB shall not be liable for any loss or damage of any sort incurred as a result of using any third party website.
LIMITATION OF LIABILITY
User expressly understands and agrees that TOTB shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt, or otherwise) resulting from any use of or inability to use this website or resulting from any errors or omissions in the content of this website, regardless of the basis upon which liability is claimed, even if TOTB has been advised of the possibility of such loss or damage.
DISCLAIMER OF WARRANTIES
This website is being provided by TOTB, but the opinions expressed by Users do not necessarily reflect the opinions and beliefs of TOTB. In addition, TOTB makes no warranty that this website will meet User requirements or that it will be uninterrupted, timely, secure or error free. Nor does TOTB make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or the reliability of any information obtained through this website.
User understands and agrees that any content downloaded or otherwise obtained through the use of this website is done at User’s own risk and that the User will be solely responsible for any damage done to the User’s computer system or loss of data that results from the download of such content.
Unless expressly stated otherwise, TOTB provides this website’s content “AS IS” and without warranties of any kind, either express or implied, to the fullest extent allowable by law. This includes the implied warranties of merchantability, noninfringement of intellectual property, and fitness for a particular purpose. In no event shall TOTB or its affiliates be liable for any damages whatsoever (including without limitation damages for loss of profits, business interruption or loss of information) arising out of the use or the inability to use the site content, even if TOTB has been advised of the possibility of such damages.
User agrees, at User’s expense, to indemnify, defend and hold harmless TOTB, its officers, directors, employees, agents, affiliates, distributors, licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this website or any product or service related thereto.
This Agreement and the relationship between User and TOTB shall be governed by and construed in accordance to the laws of the State of South Carolina without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a South Carolina court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
CHILDREN & OUR WEBSITE
TOTB believes that parents should spend time with their children on the Internet and be fully aware and familiar with any websites that their children may visit. Our website does not contain any content that would be reasonably considered unsuitable for children.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
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