Terms of Service
Think Geohazards, Inc (herein referred to as “TGH” “We”, “us”, “our” or “The Company”) encourages you to please read the Terms of Service, as amended periodically called (“Terms“) before using this site. By continuing to access or use our website, you (the “website user”) signify YOUR ACCEPTANCE OF THESE TERMS. TGH and its affiliates provide their services to you subject to the following conditions. DO NOT USE THE SITE, PROVIDE CONTENT OR PERSONAL INFORMATION IF YOU DO NOT AGREE TO THE TERMS.
- Contact Information. This website is operated by Think Geohazards, Inc. Our address is 141 Parkway Road, Suite 11, Bronxville, NY 10708. We do not charge you for accessing our website or registering for market research studies.
- Agreement to Conduct Transactions Electronically; Copies. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees. You agree to print or make an electronic a copy of the Terms and any other contract or disclosure that we are required to provide to you.
- Services, Site Information and Ads. The Services we provide at Think Geohazards, Inc. and affiliated websites include the ability for you to register for Think Geohazards, Inc. market research discussions. We do not make any warranties with respect to any information posted by members, poll or survey results, or advertisements and you agree that we are not liable or responsible for such postings, results or content supplied by third parties, or for actions you might take in reliance thereon.
- Infringement of Our Rights or the Rights of Others: Our Site is protected by intellectual property laws and you agree to respect them. All content included on this site, such as text, graphics, logos, icons, images, audio clips, digital downloads, data and software, is the property of TGH or its content suppliers and protected by international copyright laws. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement, may provide a notice to our copyright agent – see Legal Notices. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
- Your Conduct. You agree that you will not violate any law, contract or intellectual property right, or commit a tort. You also agree not to:
- attempt to access any Service or area of the Site that you are not authorized to access;
- access or use any part of the Site or Service for anything other than your personal use;
- alter information on or obtained from the Site;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data;
- reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware”, “adware” or other code that could adversely impact the Site or any recipient;
- access or use the Site or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and your agreements with us;
- take any action which might impose a significant burden (as determined by us) on Site infrastructure;
- interfere with the ordinary operation or mission of the Site or services;
- “frame” our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose;
- register using more than email account or contact information;
- to use machines, algorithms or other automatic functions to generate contents or accesses to web pages;
- to generate accesses to web pages in which a person or a group of people are requested to read material (chain letters, e-mails, etc.) that, without effective consideration of its content, has the purpose of increasing compensation;
- to erase any legends or lists of references in the published material;
- to defame or in any other way harass other participants;
- publish or make reference in any media to any poll or survey data or Site content without our prior written permission;
- to add (affiliation) links on the Site, or
- to publish any content on the Site that:
i) are biased, deliberately false, offensive, derogatory, libellous, morally objectionable or pornographic, or that otherwise constitute a punishable offence;
ii) violate the rights of third parties, especially patent rights, copyright, trademark rights, ancillary copyright or brand name rights, rights of trade secret or other intellectual property rights;
iii) contain viruses or other computer programs that impair the functioning of other computers;
iv) are chain letters;
v) serve the purpose of gathering, saving or using personal information of users, in particular for business purposes, without the users’ express consent; or,
vi) The operators of the Site deem inappropriate.
- Your Responsibility for Accuracy and Confidentiality. You agree to supply only true, accurate, honest, current and complete (collectively “Accurate”) information when registering at, participating in surveys or polls offered by, or otherwise using the Site and whenever information is required or requested at or in connection with the Site. You further agree to review and correct all information that is supplied about you at or through the Site to ensure that it is always accurate. When completing surveys offered to you by Think Geohazards, Inc. and affiliated companies you may be shown information that is deemed confidential by Think Geohazards, Inc. or its clients. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertising, etc. You agree that if you access confidential information you will not copy, print, store, forward or otherwise collect the confidential information, and will not disclose the confidential information or anyone (unless as directed by the owner of the confidential information), and will not use the confidential information for the express purpose for which it was disclosed to you. Your violation of the provisions of this section 8 will be a breach of these Terms and may result in the termination of your eligibility for paid market research discussions, and may also be a breach of civil and criminal laws. TGH and its clients reserve the right to enforce any such laws against you.
- Content License. You are responsible for ascertaining that you posses all rights to content made available for publication, and grant Think Geohazards, Inc. and affiliated companies a perpetual, unlimited, royalty free right, any where in the known universe to use the content made available by you. This right includes, but is not limited to, editing, copying, transmission, publishing and development rights, in any media, electronic or otherwise, know known or hereafter developed, as well as the right to transfer the rights of use to third parties without entitlement to compensation.
- Indemnification. You agree to indemnify and hold Think Geohazards, Inc., and its parent and affiliated companies, together with their officers, directors and employees harmless from any and all claims, losses, damages, suits, fines, levy’s and costs (including reasonable attorney’s fees and expert witness costs, including costs associated with in-house counsel), (Collectively “Claims”), arising from or related to your use of the Site and any content you place on the Site, including claims made by third parties. You agree that TGH has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide TGH with all reasonable assistance in the defense of any Claim.
- NO WARRANTIES; AS IS. YOU AGREE THAT OUR SITE AND ALL SITE INFORMATION, SERVICES AND FUNCTIONALITY (collectively, “COMPLETE SITE”) ARE PROVIDED BY US OR ANY OF OUR AFFILIATES, SUPPLIERS OR AGENTS “AS IS” AND “WITH ALL FAULTS,” AND YOU AGREE TO ASSUME ALL RISK RELATED TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND AVAILABILITY OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (if any) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (a) OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, and OF ACCURACY OR COMPLETENESS OR PRIVACY OR SECURITY OF INFORMATION; AND (b) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, THAT DUTY SHALL BE MEASURED BY INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. YOU EXPRESSLY WAIVE ALL DUTIES AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH.
- NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT OR COMPLETE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
- LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. You agree that your sole, aggregate remedy for any breach of the Entire Agreement (as defined below) and for any cause of action of any nature (including without limitation, tort) relating to any aspect of the Entire Agreement or the Complete Site shall be, at our option: (1) repair, substitution, replacement or correction of all or part of the information or act giving rise to damages incurred in reasonable reliance and not excluded above; or (2) refund of the amount you actually paid for the item causing your damages that are not excluded above and that you actually incur in reasonable reliance. the damage exclusions and limitation of liability in these terms shall apply even if any remedy fails of its essential purpose.
- Termination or Cancellation. Either we or you may end this agreement (the Terms) with or without cause or notice at any time. You will still be liable for payment of any amounts due or other obligations incurred before it ends, and if you use the Site after it ends, that use will be your new agreement to the Terms.
- Entire Agreement; Miscellaneous. These Terms, including items incorporated into them as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site (collectively, “Entire Agreement”), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement. Also, there are no third party beneficiaries of the Entire Agreement. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement.
- California Law Applies and California is the Exclusive Forum. The Entire Agreement and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Complete Site shall be governed by the laws of the State of California, U.S.A. without regard to its conflict of law provisions. Any disputes regarding such claims or arising under or related in any way to the Entire Agreement or the Complete Site shall be heard exclusively in the appropriate forum in California. You hereby consent to jurisdiction in a state or federal court sitting in Sacramento, California and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.
- Notices to You. We may give you all notices that we are required to give by posting notice on the Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site. Notices to Us; Our Address for Legal Notices. We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by mailing it to “Our Address for Legal Notices” which is Think Geohazards, Inc., 141 Parkway Road, Suite 11, Bronxville, NY 10708 U.S.A. Attn. Legal Department and General Counsel. If a law requires us to accept email notice notwithstanding the foregoing, call us at 916-788-1340 for our address established for receipt of such notices.
- You may decide to withdraw your name from consideration for paid market research studies at any time by contacting TGH at webmaster@…
- Notwithstanding anything else in these Terms and Conditions, TGH will not be liable for any incidental or consequential damages (including but not limited to loss of profits or revenue, loss of use of a product, cost of capital, cost of substituted services or products, downtime costs, labor costs, or claims of customers) with respect to any claim or action related to the subject matter hereof. Some states do not allow limitations on incidental or consequential damages, so the above limitation may not apply to you.
- TGH takes reasonable measures to maintain the security and confidentiality of your personal account information. There are certain conditions, however, that exist on the Internet generally which are outside TGH’s control and could result in a breach of security. Accordingly, we cannot guarantee that your confidential information will be free from corruption or privacy. You hereby expressly waive any claim against TGH and its members, officers, directors, employees, agents, and representatives, arising out of the loss of data through corruption, piracy, breach of security, or other reason.
Further Information: If you have a complaint, you may contact us at 141 Parkway Road Suite 11, Bronxville, NY 10708. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
Notice of Availability of Filtering Software We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).