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is wholly owned, operated and managed by
Thought Bridge
Joel S. Batzell,
Founder
West Farmington, Maine 04992-0300
207 778-6400
This
USER agreement is between you and Thought Bridge,
hereafter, referred to as Thought Bridge Network (Web Sites )
in this agreement. This Agreement Also Covers ALL Affiliate Member Web Sites
Of The Thought Bridge Network.
______________________________________________________
Thought
Bridge Network Web Site’s acts only as a venue to facilitate the
transfer and exchange of information pertaining to matching parties who
may want to Partner together. Other than acting as a trusted third party
and assisting in the facilitation of the commercial activity, we are not
involved in the actual transactions between the Partnering Parties.
Thought Bridge Network Web Sites have no control over the accuracy,
quality or legality of offers by individuals, the truth or the accuracy
of the listings, the right and the ability of the Partnering Parties
involved or the ability of the Parties to carry out any business
with other parties. We cannot and do not control whether or not
Partnering Offers will complete the contract or proposals that they
offer or that Parties involved will complete the transactions.
Additional risks arise out of dealings with foreign nationals, underage
persons or people acting under false pretense or making deceitful
representations.
Because
user authentication on the Internet is difficult, Thought Bridge Network
Web Sites cannot and does not confirm that each user who accesses its
website is who they claim to be. We
encourage you to communicate directly with the party with whom you are
transacting to help you evaluate with whom you are dealing and to
otherwise conduct yourself and exercise reasonable, safe business
practices as you would in any other commercial activity.
Bidding
and Buying:
Thought
Bridge Network Web Sites relies on the integrity of the users of its
services to honor their commitments. If you place make an Offer to
another Party(-ies), and your offer is accepted, you are obligated
to complete the transaction.
Listing
and Selling:
As
a Partnering member of Thought Bridge Network Web Sites, you represent
that you have all the right, title and interest in and to what you are
listing with Thought Bridge Network Web Sites and that you will
accurately describe the subject listing. You will not describe, or link
to, other items, goods, or services that you are not listing with
Thought Bridge Network Web Sites or that you do not otherwise have the
right to provide such links or descriptions thereto. You will not list
any Offer that infringes or violates the proprietary rights of any third
person or Corporation which in Thought Bridge Network Web Site’s sole
discretion, is inflammatory, offensive, inconsistent with Thought Bridge
Network Web Site’s general policies, or otherwise may infringe any
proprietary right of any third party.
Without
limitation of any other remedy, Thought Bridge Network Web Sites
reserves the right to suspend, terminate and remove your listing at any
time it may deem fit if it reasonably believes that you have engaged in
any fraudulent activity in connection with your posting or otherwise
with any activity conducted with the Thought Bridge Network Web Sites
website, if Thought Bridge Network Web Sites is of the opinion that you
have breached any of your representations or any of its general policies
and guidelines, such as if it is of the opinion that you are infringing
upon the proprietary rights of any other party, or at such other time as
Thought Bridge Network Web Sites may deem fit.
Non-interference:
You
will not yourself, or allow or enable another, to directly or indirectly
interfere or attempt to interfere with the operations of the Thought
Bridge Network Web Sites website, the services provided by Thought
Bridge Network Web Sites and any activity on the Thought Bridge Network
Web Sites website. You will not take any action which may impose an
unreasonable or disproportionately large load on our computing
infrastructure. You will
not insert any material that may contain any viruses, Trojan horses,
worms, time bombs, or other software routines that may damage, interfere
with, intercept or otherwise adversely affect the Thought Bridge Network
Web Sites computer systems.
Information
and Privacy:
Thought
Bridge Network Web Sites cannot and does not control information that
other users make available through the Thought Bridge Network Web Sites
website. Even though prohibited by this Agreement and by Thought Bridge
Network Web Site’s general policies, people may nevertheless provide
information that is false, harmful, or deceptive. You are solely
responsible for any information that you provide to us or to any other
person during and in the course of any activity conducted with regard to
and through the Thought Bridge Network Web Sites website and the
services provided therein. We may take any action with respect to such
information we deem necessary or appropriate in our sole discretion in
order to avoid potential liability, losses or disruption to our
services.
Breach
and Termination:
You
agree that Thought Bridge Network Web Sites may, in its sole discretion,
terminate this Agreement, or any commercial activity or other use of the
services provided by Thought Bridge Network Web Sites under this
Agreement and through the Thought Bridge Network Web Sites website
immediately and without any further notice, if Thought Bridge Network
Web Sites is of the opinion that you have acted inconsistently with the
obligations or the spirit of this Agreement or if Thought Bridge Network
Web Sites is of the opinion that you have infringed upon or tried to
infringe upon the proprietary rights of others; if any information that
you have provided Thought Bridge Network Web Sites is found to be false
or that we have been unable to authenticate or verify the veracity of
such information.
Warranty:
You
agree that use of Thought Bridge Network Web Sites services is at your
sole risk and that the services are provided on an “as is” and an
“as available” basis. Thought Bridge Network Web Sites expressly
disclaims all warranties of any kind, express or implied, including, but
without limitation, any implied warranty of merchantability, fitness for
a particular purpose and non-infringement.
Thought Bridge Network Web Sites makes no warranty that the
services will meet your requirements, that they will be uninterrupted,
timely, secure, or error free. Nor does Thought Bridge Network Web Sites
make any warranty as to the results that may be obtained from the use of
the services or as to the accuracy or reliability of any information
obtained from the Thought Bridge Network Web Sites website. You
understand and agree that any material and/or data downloaded from the
Thought Bridge Network Web Sites website or any services obtained
through the services provided by Thought Bridge Network Web Sites is
done at your sole discretion and risk and that you will be solely
responsible for any damage resulting from any such download or use of
such information or other related transaction. No advice or information
that you may obtain from Thought Bridge Network Web Sites or through the
services provided by Thought Bridge Network Web Sites shall create any
warranty not expressly stated therein.
Liability:
In
the event that you have a dispute with any other user, including with
another party to the transaction, facilitated through the Thought Bridge
Network Web Sites website, you agree to release Thought Bridge Network
Web Sites, and its agents, officers, directors and employees from any
and all claims, demands and damages (actual or consequential) of every
kind and nature, disclosed or undisclosed, arising out of or in
connection with any such dispute (“Claim or Demand”). You agree to
indemnify and hold Thought Bridge Network Web Sites (including, its
officers, directors, employees, agents and representatives) harmless
from any such Claim or Demand, including, without limitation, any claim
or demand that may arise from or in connection with, your failure to
abide by the terms and conditions of this Agreement.”
IN
NO EVENT SHALL THOUGHT BRIDGE NETWORK WEB SITES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES
PROVIDED BY THOUGHT BRIDGE NETWORK WEB SITES OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY DATA,
INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR
ARISING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY THOUGHT
BRIDGE NETWORK WEB SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
THOUGHT BRIDGE NETWORK WEB SITES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL Thought Bridge Network Web Site's
LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM
THIS AGREEMENT EXCEED THE LESSER OF EITHER THE AMOUNT OF FEES YOU SHALL
PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO
SUCH LIABILITIES OR $1,000.
General
Provisions:
You agree
to comply with all applicable laws, statutes, ordinances, and
regulations regarding your use of the Thought Bridge Network Web Sites
website, the services provided therein, and the participation in any
active commercial activity conducted in or through the Thought Bridge
Network Web Sites website. Other than as exclusively stated in this
Agreement, there is no agency, partnership, joint venture, employer,
employee, franchiser or other legal relationship between Thought Bridge
Network Web Sites and yourself. Unless explicitly stated otherwise, any
notices shall be given to the email address you provided to Thought
Bridge Network Web Sites during the registration process. Alternatively,
we may give you notice by certified mail, postage prepaid, to the
address provided to us during the registration process. You may not
assign, transfer, resell or sublicense your rights or obligations under
the terms and conditions of this Agreement.
This
Agreement, its terms and conditions, and the relationship between you
and Thought Bridge Network Web Sites shall be governed in all respects
by the laws of the State of Maine, as such laws are applied to
agreements entered into and performed entirely within the State of Maine
and between Maine residents. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be struck to the
extent of such invalidity or unenforceability, and the remainder
thereof, as well as the remaining provisions of this Agreement shall be
fully enforced. The failure of Thought Bridge Network Web Sites to act
with respect to a breach by you or others does not waive our right to
act with respect to subsequent similar, or the same, breach. This
Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof and may not be amended other
than as provided for in this Agreement.
You
agree that regardless of any statute or law to the contrary, any
contract arising out of or related to use of the services provided by
Thought Bridge Network Web Sites or otherwise arising out of or related
to the terms and conditions of this Agreement, must be filed within one
(1) year after such claim or cause of action first arose or shall be
forever barred. The Thought Bridge Network Web Sites website may contain
links to and from other websites on the Internet that are owned and
operated by other parties. You agree and acknowledge that Thought Bridge
Network Web Sites is not responsible for the availability of, or the
content located on or obtained through any such other Internet websites.
If you have any concerns regarding such links or the content located on
such other websites, you should contact the webmaster or site
administrator for those respective websites. Thought Bridge Network Web
Sites does not verify the accuracy of the information and content
provided for in such third-party websites, and providing such
information or links cannot and should not be construed as support,
backing, or other endorsement by Thought Bridge Network Web Sites of
such site and/or information.
Thought
Bridge Network Web Site’s, logo, trademark, software, databases,
reports, website and information are proprietary, and Thought Bridge
Network Web Sites retains all rights, title and interest therein. By
becoming a member or subscriber to the services provided by Thought
Bridge Network Web Sites, you do not acquire any rights or licenses over
such or over Thought Bridge Network Web Site’s assets, rights or
licenses, other than as what is explicitly granted to you under this
paragraph. You may not use the information contained in, or through the
services provided by, the Thought Bridge Network Web Sites website other
than for the explicit purposes contemplated by this User Agreement.
You may not transfer, or otherwise provide access to, such
information to any unauthorized third party, and you may not use such
information other than for the specific purposes described in this
Agreement. By completing the registration information, clicking on the
“Submit” button, or otherwise accessing the Thought Bridge Network
Web Sites and using the information contained in this website, you agree
to the terms of this Agreement.
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