LEGAL TERMS

Thinking Core Terms of Use and Notices

(last revised 07/08/2017)

Terms of Use and Notices

1. Introduction

These terms of use (collectively, "Terms of Use"), entered into between the users ("you" or "your") of this website, www.thinkingcore.com (the "Site"), and Thinking Core ("we" or "us"), govern your access to and use of this Site, including any content, functionality, and services offered on or through this Site. By accessing this Site, you accept and agree to be bound and abide by the following Terms of Use and the Privacy Policy below, which is incorporated herein by reference, and all applicable laws and regulations. If you do not agree with any of these terms, you must not access or use this Site. 

2. Site Licenses and Access

Thinking Core grants you a limited license to access and make personal use of this Site and not to download or modify its sites, or any portion of them, except with the express written permission of Thinking Core. This is the grant of a license, not a transfer of title, and under this license you may not: (a) modify or copy the materials; (b) use for any commercial purpose, or for any public display (commercial or noncommercial); (c) attempt to decompile or reverse engineer any software contained on this Site; (d) remove any copyright notice, trademark notice, or other proprietary notations from the materials; or (e) transfer the materials to another person or "mirror" the materials on any other server. You may not use any meta tags or any other "hidden text" utilizing Thinking Core's name or trademarks without the express written permission of Thinking Core. Any unauthorized use terminates any permission or license granted by Thinking Core.

If you create a link to this Site, Thinking Core grants permission to do so only as follows: Thinking Core shall grant to you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Thinking Core website, www.thinkingcore.com, so long as the link does not imply a relationship with you, an endorsement by Thinking Core, or otherwise portray Thinking Core or its content, products, or services in a false, misleading, derogatory, or offensive manner. You may not use the Thinking Core logo or other proprietary graphic or trademark as part of the link without the express written consent of Thinking Core.

3. Restrictions

This Site is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Thinking Core and meet all eligibility requirements. If you do not meet all of these requirements, you must not access or use this Site.

4. Intellectual Property

Thinking Core is the owner and/or authorized user of all trademarks, logos, service marks and trade names (collectively, the "Trademarks") on this Site, and is the owner or licensee of the content and/or information on the Site. Except as otherwise expressly provided herein, your use of the Site does not grant to you a license to any content or materials you may access on the Site. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder.

A. Copyright:  All content that is made available to view and/or download with this Site, including any designs, images, graphics, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works any any other materials ("Content") is owned by and is the copyrighted work of Thinking Core, or it is permitted for use by Thinking Core. Any reproduction or redistribution of the Content is expressly prohibited by law and may result in severe civil or criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE CONTENT ON THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS ALSO EXPRESSLY PROHIBITED.

B. Marks: Below is a list of some of the registered and common law trademarks owned by Thinking Core that are associated with this Site. These trademarks may not be used by you for any commercial (including marketing or advertising) purpose without our written permission, except as expressly provided herein. At all times, registered Trademarks should be followed with the ® symbol and common law Trademarks with the ™ symbol, and any permitted use of Thinking Core's Trademarks should be followed with the words (which may be displayed at the bottom of the page) "[MARK NAME] is a trademark of Thinking Core and is used here with permission. All rights reserved."

• College & Career Ready Blueprints™

• Thinking Core™

• Thinking Core and the thought-bubble cloud design is a registered trademark of Thinking Core

• Word Compass™

All other products or services mentioned herein or on this Site remain the trademarks of their respective owners.

C. Permission to Use Thinking Core MarksYou may use, copy or distribute documents delivered through the Sites SOLELY for personal and non-commercial use. In so doing you MAY NOT obscure, eliminate or alter any copyright notice, trademark notice or other intellectual property designation. If none exists, you should include the following on any copy: "The information and materials contained on this [website, page, etc.] are the property of Thinking Core, are reproduced here with permission, and may not be further reproduced without the express consent of Thinking Core, all rights reserved." Notwithstanding the foregoing, the marks and logos of Thinking Core may not be otherwise used for any other purpose without specific, written prior permission of Thinking Core.

5. Changes to Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of this website thereafter.

6. Links to External Websites

This Site may contain links to third-party websites ("External Websites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. We are not responsible for the content of any linked External Websites, and do not make any representations regarding the content or accuracy of materials on such External Websites.

7. Product Orders

While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice. The prices displayed on the Site are quoted in United States dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or any sales tax, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

 

8. No Warranties

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SITE OR THE SERVICE. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE SITE'S CONTENT, AND THE SERVICE AT YOUR OWN RISK. THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. THINKING CORE IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS, AND THINKING CORE RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.

9. Disclaimer: Limitations on Liability

ALL INFORMATION AND CONTENT ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND MARKETABILITY OR NON-INFRINGEMENT OF ANY THIRD-PARTY'S RIGHTS OF ANY KIND. IN NO EVENT SHALL THINKING CORE BE LIABLE FOR ANY THIRD PARTY'S RIGHTS OF ANY KIND. IN NO EVENT SHALL THINKING CORE BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONECTION WITH THE USE OF THE INFORMATION HEREIN OR YOUR ACCESSING, BROWSING OR USING THIS SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

10. Indemnification

You agree to indemnify and hold Thinking Core, its affiliates, and its respective officers, directors, employees, agents, successors and assigns, if any, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Site and/or any information (text or graphical), software, or products obtained through the Site and/or from Thinking Core.

11. Infringement Notification

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to Thinking Core at info@thinkingcore.com. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

12. Compliance with Applicable Laws

We control and operate the Site from the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.

13. Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed suspended by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect.

14. Termination of Access

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this agreement and your access to this Site, at any time and for any reason without prior written notice or liability. 

15. Miscellaneous

Unless otherwise specified herein or in a writing executed by both parties, these Terms of Use constitute the entire agreement between you and Thinking Core with respect to the use of this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Thinking Core with respect to this Site. The section headings are provided merely for convenience and shall not be given any legal import. This agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

16. Customer Service

If you have any questions, comments, or concerns, please ​contact us, Monday through Friday, by telephone at (202) 674-1715 or by email at info@thinkingcore.com.

Thinking Core Privacy Policy

(last revised 09/01/2016)

Privacy Policy

1. Introduction

 

Thinking Core respects your right to privacy online. Accordingly, Thinking Core ("we," "us," or "our") is committed to protecting your privacy through our compliance with this privacy policy ("Privacy Policy"), which is provided herein to inform users of this website ("you", "your") about the information which Thinking Core may collect, use, maintain, share, and/or disclose when you visit our website, www.thinkingcore.com (the "Site"), however accessed, including whether by computer, mobile device, or other means.

2. Information We Collect

The information we collect on or through this Site may include: (i) personal information that you provide by filling-in forms on our Site; (ii) records and copies of your correspondence if you contact us; and (iii) details of transactions you carry-out through our Site and of the fulfillment of your orders (which may including financial information). Users may be asked for, as appropriate, name, email addresses, mailing addresses, and phone number. Users may, however, visit our Site anonymously. We will collect personal information from users only if they voluntarily submit such information to us. Users can always refuse to supply personally identifying information, except that it may prevent them from engaging in certain Site related activities.

We may also collect certain non-personal information about users as you navigate through and interact with our Site. Non-personal information may include the browser name, the type of computer and technical information about your means of connection to our Site (such as the operating system and the internet service provider utilized), among other similar information. Such non-personal information may be collected through automated or passive means, such as cookies, flash cookies, web-beacons, embedded script and similar technologies.

3. Use of Collected Information

 

Thinking Core collects and uses your personal information to personalize user experience, process transactions, and/or send periodic emails. Thinking Core will never sell, trade, or rent the e-mail addresses or personal information of any Site visitor or customer of ours to any third party, nor will Thinking Core share this information with any third party, except to the extent necessary to fulfill an order or when the third party is strictly acting on our behalf with no independent right to use the information we provide. We may otherwise use information about you for site assessment, marketing, or other services, which third parties may be provided with for purposes of processing data, bettering certain content, and improving the Site. We may also use your information for promotional purposes or to contact you about Thinking Core goods and services, or other newsworthy events, that may be of interest to you.

4. Children

Protecting the privacy of young children is especially important. For that reason, our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on this Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features, attempt to make any purchases through this Site, use any of the interactive or Contact Us features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or other user name you may have. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@thinkingcore.com.

5. Security

Although we make every commercially reasonable attempt to maintain the confidentiality of the personal information we collect online, no data transmission over the internet can be guaranteed to be 100% secure, and we cannot guarantee that the personal information you submit to us will be free from unauthorized third-party intrusion. You therefore understand and agree that all information submitted to Thinking Core is done so at your own risk.

6. Acceptance of the Thinking Core Privacy Policy

By using this Site, you consent and agree to the terms of this Privacy Policy and the Terms of Use recited below. If you do not agree to this policy, please do not use this Site. Thinking Core reserves the right to modify all or part of this Privacy Policy at any time by posting the changes on this page. We encourage site visitors to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we may collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of changes. Your continued use of the Site following the posting of any changes to these terms indicates you accept the changes.

7. Comments/Concerns

If you have any comments or concerns about this Privacy Policy, please contact us at info@thinkingcore.com.