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Easy
to use, and they keep me focused……
~
T Wright
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THOUGHT SHIFTERS™ Terms and Conditions
AGREEMENT BETWEEN USER AND Clear Thought Systems,
Inc.
The Clear Thought Systems, Inc. Web Site is
comprised of various Web pages operated by Clear
Thought Systems, Inc..
The Clear Thought Systems, Inc. Web Site is offered
to you conditioned on your acceptance without
modification of the terms, conditions, and notices
contained herein. Your use of the Clear Thought
Systems, Inc. Web Site constitutes your agreement to
all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Clear Thought Systems, Inc. reserves the right to
change the terms, conditions, and notices under
which the Clear Thought Systems, Inc. Web Site is
offered, including but not limited to the charges
associated with the use of the Clear Thought
Systems, Inc. Web Site.
LINKS TO THIRD PARTY SITES
The Clear Thought Systems, Inc. Web Site may contain
links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Clear
Thought Systems, Inc. and Clear Thought Systems,
Inc. is not responsible for the contents of any
Linked Site, including without limitation any link
contained in a Linked Site, or any changes or
updates to a Linked Site. Clear Thought Systems,
Inc. is not responsible for webcasting or any other
form of transmission received from any Linked Site.
Clear Thought Systems, Inc. is providing these links
to you only as a convenience, and the inclusion of
any link does not imply endorsement by Clear Thought
Systems, Inc. of the site or any association with
its operators.
NO
UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the Clear Thought
Systems, Inc. Web Site, you warrant to Clear Thought
Systems, Inc. that you will not use the Clear
Thought Systems, Inc. Web Site for any purpose that
is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Clear
Thought Systems, Inc. Web Site in any manner which
could damage, disable, overburden, or impair the
Clear Thought Systems, Inc. Web Site or interfere
with any other party's use and enjoyment of the
Clear Thought Systems, Inc. Web Site. You may not
obtain or attempt to obtain any materials or
information through any means not intentionally made
available or provided for through the Clear Thought
Systems, Inc. Web Sites.
USE OF COMMUNICATION SERVICES
The Clear Thought Systems, Inc. Web Site may contain
bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars,
and/or other message or communication facilities
designed to enable you to communicate with the
public at large or with a group (collectively,
"Communication Services"), you agree to use the
Communication Services only to post, send and
receive messages and material that are proper and
related to the particular Communication Service. By
way of example, and not as a limitation, you agree
that when using a Communication Service, you will
not:
* Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
* Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic,
name, material or information.
* Upload files that contain software or other
material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or
control the rights thereto or have received all
necessary consents.
* Upload files that contain viruses, corrupted
files, or any other similar software or programs
that may damage the operation of another's computer.
* Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Service specifically allows such
messages.
* Conduct or forward surveys, contests, pyramid
schemes or chain letters.
* Download any file posted by another user of a
Communication Service that you know, or reasonably
should know, cannot be legally distributed in such
manner.
* Falsify or delete any author attributions,
legal or other proper notices or proprietary
designations or labels of the origin or source of
software or other material contained in a file that
is uploaded.
* Restrict or inhibit any other user from using
and enjoying the Communication Services.
* Violate any code of conduct or other
guidelines which may be applicable for any
particular Communication Service.
* Harvest or otherwise collect information about
others, including e-mail addresses, without their
consent.
* Violate any applicable laws or regulations.
Clear Thought Systems, Inc. has no obligation to
monitor the Communication Services. However, Clear
Thought Systems, Inc. reserves the right to review
materials posted to a Communication Service and to
remove any materials in its sole discretion. Clear
Thought Systems, Inc. reserves the right to
terminate your access to any or all of the
Communication Services at any time without notice
for any reason whatsoever.
Clear Thought Systems, Inc. reserves the right at
all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse
to post or to remove any information or materials,
in whole or in part, in Clear Thought Systems,
Inc.'s sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your
children in any Communication Service. Clear Thought
Systems, Inc. does not control or endorse the
content, messages or information found in any
Communication Service and, therefore, Clear Thought
Systems, Inc. specifically disclaims any liability
with regard to the Communication Services and any
actions resulting from your participation in any
Communication Service. Managers and hosts are not
authorized Clear Thought Systems, Inc.
spokespersons, and their views do not necessarily
reflect those of Clear Thought Systems, Inc..
Materials uploaded to a Communication Service may be
subject to posted limitations on usage, reproduction
and/or dissemination. You are responsible for
adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO Clear Thought Systems, Inc. OR
POSTED AT ANY Clear Thought Systems, Inc. WEB SITE
Clear Thought Systems, Inc. does not claim ownership
of the materials you provide to Clear Thought
Systems, Inc. (including feedback and suggestions)
or post, upload, input or submit to any Clear
Thought Systems, Inc. Web Site or its associated
services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or
submitting your Submission you are granting Clear
Thought Systems, Inc., its affiliated companies and
necessary sublicensees permission to use your
Submission in connection with the operation of their
Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to
publish your name in connection with your
Submission.
No
compensation will be paid with respect to the use of
your Submission, as provided herein. Clear Thought
Systems, Inc. is under no obligation to post or use
any Submission you may provide and may remove any
Submission at any time in Clear Thought Systems,
Inc.'s sole discretion.
By
posting, uploading, inputting, providing or
submitting your Submission you warrant and represent
that you own or otherwise control all of the rights
to your Submission as described in this section
including, without limitation, all the rights
necessary for you to provide, post, upload, input or
submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE Clear Thought
Systems, Inc. WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Clear Thought Systems,
Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Clear Thought Systems, Inc.
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Clear
Thought Systems, Inc. WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
Clear Thought Systems, Inc. AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE Clear Thought
Systems, Inc. WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. Clear Thought
Systems, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL Clear Thought Systems, Inc. AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OR PERFORMANCE OF THE Clear Thought Systems,
Inc. WEB SITE, WITH THE DELAY OR INABILITY TO USE
THE Clear Thought Systems, Inc. WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE Clear Thought Systems, Inc. WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE Clear
Thought Systems, Inc. WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF Clear Thought Systems, Inc. OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Clear Thought Systems, Inc. WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Clear
Thought Systems, Inc. WEB SITE.
SERVICE CONTACT : Michael@clearthoughtsystems.com
TERMINATION/ACCESS RESTRICTION
Clear Thought Systems, Inc. reserves the right, in
its sole discretion, to terminate your access to the
Clear Thought Systems, Inc. Web Site and the related
services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in
King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the Clear
Thought Systems, Inc. Web Site. Use of the Clear
Thought Systems, Inc. Web Site is unauthorized in
any jurisdiction that does not give effect to all
provisions of these terms and conditions, including
without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency
relationship exists between you and Clear Thought
Systems, Inc. as a result of this agreement or use
of the Clear Thought Systems, Inc. Web Site. Clear
Thought Systems, Inc.'s performance of this
agreement is subject to existing laws and legal
process, and nothing contained in this agreement is
in derogation of Clear Thought Systems, Inc.'s right
to comply with governmental, court and law
enforcement requests or requirements relating to
your use of the Clear Thought Systems, Inc. Web Site
or information provided to or gathered by Clear
Thought Systems, Inc. with respect to such use. 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 superseded by a valid, enforceable
provision that most closely matches the intent of
the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the
entire agreement between the user and Clear Thought
Systems, Inc. with respect to the Clear Thought
Systems, Inc. Web Site and it supersedes all prior
or contemporaneous communications and proposals,
whether electronic, oral or written, between the
user and Clear Thought Systems, Inc. with respect to
the Clear Thought Systems, Inc. Web Site. A printed
version of this agreement and of any notice given in
electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to
this agreement to the same extent an d subject to
the same conditions as other business documents and
records originally generated and maintained in
printed form. It is the express wish to the parties
that this agreement and all related documents be
drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Clear Thought Systems, Inc. Web
Site are: Copyright 2007 Clear Thought Systems, Inc.
® and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective
owners.
The example companies, organizations, products,
people and events depicted herein are fictitious. No
association with any real company, organization,
product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright
infringement under United States copyright law
should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright
Infringement.
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