fbpx
Select Page

Terms of Use

The following terms of use (the “Terms”) constitute a binding agreement between you and the Thinking Octopus, incorporated with respect to your use of our website (the “Site”). You must be at least 18 years of age to access and use the Site. By accessing and using the Site, you agree to the terms and conditions set forth in these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any of these Terms or our Privacy Policy, you may not access or use the Site for any purpose.

CHANGES TO TERMS

We may revise and update these Terms from time to time in our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

SCOPE OF AND RESTRICTIONS ON USE

Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the “Content”).

You agree not to:

  • except as otherwise provided in these Terms, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without our express written permission;
  • collect information from the Site using an automated software tool or manually on a mass basis;
  • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
  • “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
  • send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
  • use the Site to promote or operate any service or content without our prior written consent;
  • restrict or inhibit other users from accessing or using the Site;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
  • access or use the Site or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms.

OWNERSHIP

The Site and the Content are owned by the Thinking Octopus and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of the Thinking Octopus and its licensors. You acknowledge and agree that, as between you and the Thinking Octopus, is and shall remain the sole owner of the Site and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

Pursuant to Section 512(c)(2) of the Copyright Act, the Thinking Octopus designates the following agent to receive notifications of claimed infringement info@thinkingoctopus.com.

ACCOUNT REGISTRATION AND SECURITY

Access to and use of the Site may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify the Thinking Octopus of any unauthorized use of your account, or any other breach of security. The Thinking Octopus is not liable for any loss or damage arising from your failure to protect your username or password.

PRIVACY POLICY

All Personally identifiable information that the Site may collect is subject to, and treated in accordance with, the terms of the Thinking Octopus’ Privacy Policy.

THIRD-PARTY MATERIALS

The Site may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that the Thinking Octopus is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. The Thinking Octopus does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The Thinking Octopus is not responsible or liable for your transactions, dealings or interactions with third parties.

INDEMNIFICATION

You agree to indemnify, defend, and hold the Thinking Octopus and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the “Thinking Octopus Entities”) harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of the Thinking Octopus.

DISCLAIMERS

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND THE THINKING OCTOPUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE THINKING OCTOPUS DOES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, NOR DOES THE THINKING OCTOPUS REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE THINKING OCTOPUS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE THINKING OCTOPUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE THINKING OCTOPUS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OF THE SITE OR ANY CONTENT IS LIMITED TO U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations set forth above may not apply to you.

RESERVATION OF RIGHTS

The Thinking Octopus reserves all of the Thinking Octopus’ rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Thinking Octopus may have in and to the Site and the Content. Other than as set forth in these Terms, the use of the Thinking Octopus’ rights and property requires the Thinking Octopus’ prior written consent. By making services available to you, The Thinking Octopus is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site without the Thinking Octopus’ prior written consent.

CHANGES; SUSPENSION AND TERMINATION

Changes to the Site. The Thinking Octopus reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content) at any time. You agree that the Thinking Octopus will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Suspension/Termination of Access. The Thinking Octopus has the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms.

ADDITIONAL DISCLAIMERS

Nothing contained on the Site constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Site constitutes a solicitation or offer by the Thinking Octopus or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Site are the sole responsibility of the visitor and the information contained on the Site has been prepared without reference to any particular user’s investment requirements or financial situation.

The Thinking Octopus makes no representations that the Content is appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors.

MISCELLANEOUS

Applicable Law, Jurisdiction and Venue. You agree that these Terms and any dispute arising out of your use of the Site, Content, or products purchased through the Site shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site or Content shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Restrictions. The Thinking Octopus is based in the State of Colorado in the United States. The Thinking Octopus makes no claims that the Site or Content are accessible or appropriate outside of the United States. Access to and use of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE, SERVICES OR CONTENT.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement. These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and the Thinking Octopus with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Questions. If you have any questions about the Site or these Terms, please contact us at info@thinkingoctopus.com