IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED BY THOUGHTFORM INC. (“ThoughtForm”). BY ACCESSING THIS WEB SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY THOUGHTFORM AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THIS WEB SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To This Web Site

To access this web site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this web site that all the information you provide on this web site will be correct, current, and complete. If ThoughtForm believes the information you provide is not correct, current, or complete, ThoughtForm has the right to refuse you access to this web site or any of its resources, and to terminate or suspend your access at any time.

ThoughtForm may cancel or terminate your right to use this web site or any part thereof at any time without notice. In the event of termination, you are no longer authorized to access the part of the web site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the web site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Cookies

Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may:

  • Store one or more cookies in your browser;
  • Request your browser to transmit this data back to the web server; or
  • Request your browser to transmit a cookie that has been stored on your browser by another web site within the same internet domain.

This web site may store cookies on your web browser in order to improve service for you on your subsequent visits to this web site.

By using cookies, web sites can track information about your use of the site and provide customized content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.

If you disable the use of cookies on your web browser or remove or reject specific cookies from this web site or linked sites, then you may not be able to gain access to all the content and facilities of this web site.

Restrictions On Use

You may use this web site for purposes expressly permitted by this web site. You may not use this web site for any other purpose, including any commercial purpose, without ThoughtForm’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand this web site, or (ii) frame this web site, or (iii) hyper-link to this web site, without the express prior written permission of an authorized representative of ThoughtForm. For purposes of these Terms of Use, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this web site or content accessible within this web site. You agree to cooperate with ThoughtForm in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content accessible from this web site, and any other World Wide Web site owned, operated, licensed, or controlled by ThoughtForm (the “Content”) is the proprietary information of ThoughtForm or the party that provided the Content to ThoughtForm, and ThoughtForm or the party that provided the Content to ThoughtForm retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of ThoughtForm, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates ThoughtForm’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this web site.

Hyper-Links

This web site may be hyper-linked to other web sites which are not maintained by, or related to, ThoughtForm. Hyper-links to such web sites are provided as a service to users and are not sponsored by or affiliated with this web site or ThoughtForm. ThoughtForm has not reviewed any or all of such web sites and is not responsible for the content of those web sites. Hyper-links are to be accessed at the user’s own risk, and ThoughtForm makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the web sites hyper-linked to this web site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by ThoughtForm of that web site.

Submissions

You hereby grant to ThoughtForm the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to ThoughtForm through this web site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. ThoughtForm will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future ThoughtForm operations.

Disclaimer

You understand that ThoughtForm cannot and does not guarantee or warrant that files available for downloading from this web site will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this web site for the reconstruction of any lost data. ThoughtForm does not assume any responsibility or risk for your use of this web site.

YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED AND THOUGHTFORM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR APPLICABILITY OF ANY OF THE INFORMATION, ADVICE, GUIDANCE OR SUGGESTIONS CONTAINED IN THE CONTENT OR THE WEB SITE. THOUGHTFORM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THOUGHTFORM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THOUGHTFORM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THOUGHTFORM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THOUGHTFORM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEB SITE OR ITS CONTENT. THOUGHTFORM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this web site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this web site, and ThoughtForm does not undertake any obligation to update such information after it is posted or to remove such information from this web site if it is not, or is no longer, accurate or complete.

Limitation On Liability

IN NO EVENT WILL THOUGHTFORM, ITS SUBSIDIARIES, AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THE CONTENT OR THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES AND/OR THE SUBMISSION/STORAGE OF PERSONALLY IDENTIFIABLE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Indemnity

You will indemnify and hold ThoughtForm, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this web site.

Trademarks

Trademarks, service marks, and logos appearing in this web site are the property of ThoughtForm or the party that provided the trademarks, service marks, and logos to ThoughtForm. ThoughtForm and any party that provided trademarks, service marks, and logos to ThoughtForm retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this web site. The use, reproduction, and/or retransmission by any means of such trademarks, service marks, and logos, without the expressed written permission of ThoughtForm, is strictly prohibited.

Copyright

All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is owned or licensed by ThoughtForm, and is protected by United States and international copyright laws. All software used on this web site is owned or licensed by ThoughtForm or their software suppliers, and is protected by United States and international copyright laws. All rights are reserved. The use, reproduction, and/or retransmission by any means of such content or software, without the expressed written permission of ThoughtForm, is strictly prohibited.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this web site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this web site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this web site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this web site;
  • includes MP3 or MP4 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this web site or any networks connected to this web site; or
  • contains hyper-links to other web sites that contain content that falls within the descriptions set forth above.

ThoughtForm reserves the right to monitor use of this web site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither ThoughtForm nor any third party that provides Content to ThoughtForm will assume or have any liability for any action or inaction by ThoughtForm or such third party with respect to any Submission.

Security

Any usernames and passwords used for this web site are for individual use only. You will be responsible for the security of your username and password. ThoughtForm will be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a password that ThoughtForm considers insecure, ThoughtForm will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this web site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ThoughtForm reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. ThoughtForm reserves the right to investigate suspected violations of these Terms of Use.

ThoughtForm reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing ThoughtForm to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ThoughtForm FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ThoughtForm DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ThoughtForm OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Pennsylvania, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of Pennsylvania in connection with any dispute between you and ThoughtForm arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Pittsburgh, Pennsylvania. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this web site will govern the items to which they pertain. ThoughtForm may revise these Terms of Use at any time by updating this posting.

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