Terms of Use

Terms of Use
Last updated December 17, 2022

1. General Introduction

This website (“Website”) is owned and operated by Thinksmart Insurance (“Thinksmart Insurance,” “we,” or “us”). By using the Website, you agree to be bound by these Terms of Use and to use the Website by these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific parts of the Website or to products and services made available through the Website or from Thinksmart Insurance. Accessing the Website in any manner, whether automated or not, constitutes use of the Website and your agreement to be bound by these Terms of Use.

We reserve the right to modify these Terms of Use or impose new conditions on your use of the Website from time to time. In such cases, we will post the revised Terms of Use on this website. By continuing to use the Website after any such changes are posted, you accept the Terms of Use as modified.

2. Limited License

The Website and all materials available on the Website are our property and/or the property of our partners or licensors. They are protected by copyright, trademark, and other intellectual property laws. The Website is provided solely for your personal, non-commercial use. You may not use the Website or any materials available on the Website in any manner that infringes our rights or that is not expressly authorized by us. Specifically, unless expressly permitted by these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute in any manner or by any means (including via email or other electronic media) any materials from the Website.

However, you may, from time to time, download and/or print a single copy of individual pages from the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

3. Grant of Rights from You

By posting or submitting any materials (including, but not limited to, comments, blog posts, Facebook posts, photos, and videos) to us via the Website, any Internet groups, social media sites, or by sending to any of our personnel via email, message, or otherwise, you represent and warrant that: (i) you are the owner of such materials, or you are posting or submitting the materials with the express permission of the owner thereof; and (ii) you are at least thirteen years of age. In addition, when you submit, email, message, or otherwise provide or post any materials, you grant us and anyone we designate a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such materials, in whole or in part, in any form or medium now known or hereafter developed, for any purpose. This license includes the right to exploit any proprietary rights in such post or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws in any applicable jurisdiction. Furthermore, in connection with our exercise of these rights, you grant us and anyone we designate the right to identify you as the author of any post or submission by name, email address, or screen name, in any manner we deem appropriate.

You acknowledge and agree that any contribution created by you for us will be considered a “work made for hire” to the extent that the work falls within the definition of a “work made for hire” under Section 101 of the U.S. Copyright Act, as amended. Consequently, the copyright in such works will be owned by Thinksmart Insurance from the moment of creation. As a result, Thinksmart Insurance will be deemed the author and exclusive owner of such works and will have the right to exploit any or all of the results and proceeds thereof in all media, now known or later developed, throughout the universe in perpetuity, in all languages, as determined by Thinksmart Insurance. In the event any result and proceeds from your submissions here are not considered a “work made for hire” under Section 101 of the U.S. Copyright Act, as amended, you hereby assign without further compensation, transfer, convey, and irrevocably assign to Thinksmart Insurance all ownership rights, including, but not limited to, all worldwide copyrights and trademarks, in perpetuity in all media, now known or later developed, for such materials and all rights and interests in and to all ownership rights in all media, now known or later developed, throughout the universe in perpetuity. Any materials posted that are copies of your pre-existing works will be co-owned by us.

You acknowledge that Thinksmart Insurance has the right, but not the obligation, to use and display any posts or submissions, and that Thinksmart Insurance may elect to discontinue use and display of any materials (or any portion thereof) at any time for any reason.

Linking and Framing Restrictions. You may hyperlink to the Website as long as the link does not state or imply any sponsorship of your website by us or the Website. However, you may not, without our prior written permission, frame or inline-link any content of the Website, or incorporate into another website or service any of our materials, content, or intellectual property.

4. Disclaimers

On the Website, we may provide links and directions to third-party Internet websites. Linking to third-party websites does not imply our endorsement or sponsorship of those websites or the information, products, or services offered through such websites. Moreover, neither we nor our partners operate or control any information, products, or services that a third party may provide on or through the Website or on websites linked by us on the Website.

If applicable, any opinions, advice, statements, services, offers, or information or content provided by a third party, including information providers, are those of the respective author or distributor and not of Thinksmart Insurance. Neither Thinksmart Insurance nor any third-party information provider makes any warranties as to the accuracy, completeness, or usefulness of any content. Furthermore, Thinksmart Insurance does not endorse and is not responsible for the accuracy and reliability of any opinions, advice, or statements made on any website by anyone other than authorized representatives of Thinksmart Insurance acting in their official capacities.

THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND BY THINKSMART INSURANCE AND THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY PORTION OF IT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING DISCUSSION FORUMS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE MATERIALS ON THE WEBSITE OR THIRD-PARTY WEBSITES IN TERMS OF THEIR ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

You agree to defend, indemnify, and hold harmless Thinksmart Insurance, our partners, successors, assigns, licensees, and our and their respective parent companies and subsidiaries, and each of their respective agents, affiliates, officers, directors, shareholders, and employees from and against all claims, causes of action, damages, liabilities, costs, and expenses, including reasonable legal fees and costs, arising from or relating to your breach of any obligation, warranty, representation, or covenant made herein.

5. e-Commerce

Certain areas of the Website may permit you to purchase a variety of products and services online from third-party providers. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Website or a site linked to the Website, information obtained during your visit to that merchant’s online store or website, and the information you provide as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection policies different from ours. We have no responsibility or liability for those independent policies. Additionally, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that apply to the purchase or use of those products or services. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, please visit that merchant’s website and click on its informational links or contact the merchant directly. You release us and our partners from any liability arising from or related to any loss or damage you may incur, and you agree not to sue us or them, arising out of or related to your purchase or use of any product or service provided by a third party via the Website. Your participation, correspondence, or business dealings with any third party found on or through our Website, including payment and delivery of goods and services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and that third party.

You agree that Thinksmart Insurance will have no liability or obligation for any loss, damage, or other issues arising from such dealings. You agree to be financially responsible for all purchases made by you or someone else acting on your behalf through the Website. You agree to use the Website and purchase services or products through the Website only for lawful, non-commercial purposes. You also agree not to make any purchases for speculation, counterfeiting, fraud, or to anticipate demand for a product or service. You agree to purchase goods or services only for yourself or for others whom you are legally permitted to purchase on behalf of. When purchasing for a third party that requires you to provide that third party’s personal information to us or a merchant, you represent that you have received the third party’s express consent to provide their personal information. Purchases are for personal use only. Sharing a purchase is not permitted and will be considered unauthorized, infringing our copyrights, and may subject infringers to liability. If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand this. It commonly happens due to an expired credit card.) We would like to help you regain access, so we will attempt to contact you to help resolve the issue. Once the payment issue is resolved, we will restore access.

6. Interactive Features

The Website may include various features such as discussion boards, weblogs, chat rooms, and email services that allow for feedback from us and real-time interaction among users, as well as other features that enable users to communicate with each other. You are solely responsible for the content of any materials you post on discussion boards, weblogs, chat rooms, or other public areas of the Website, or that you send via any email services provided on the Website. We do not control the messages, information, or files that users may provide through the Website. A condition of your use of the Website is that you will not:

• Impede or detract from other users’ use and enjoyment of the Website.
• Use the Website to impersonate any person or entity, or to misrepresent or otherwise falsely state or imply your affiliation with any person or entity.
• Interfere with or disrupt any server or network used to provide the Website or any features thereof, or fail to comply with any requirements, procedures, policies, or regulations of networks connected to the Website.
• Use the Website to incite or encourage illegal activity or harmful or destructive behavior toward any person or property.
• Gain unauthorized access to the Website, or to any account, computer system, or network connected to the Website by hacking, password mining, or any other illegal means.
• Harvest or attempt to collect any information or data not intentionally made available through the Website or any of its services.
• Use the Website to transmit or send any unlawful, threatening, abusive, defamatory, obscene, pornographic, or indecent information of any kind, including any transmissions that constitute or encourage conduct that would be a criminal offense, give rise to civil liability, or otherwise violate any local, national, or international law.
• Use the Website to transmit or send any information, software, or material that infringes or violates the rights of any third party, including any material protected by copyright, trademark, privacy, publicity, or other intellectual property rights, without the express permission of the owner or the rights holder.
• Use the Website to transmit or send any information, software, or material containing any viruses or other harmful components.
• Use the Website to advertise, transmit, or otherwise exploit any information, software, or material for commercial purposes, or containing any advertising.
• Use the Website to solicit or advertise any purchase or sale of any products or services, or to solicit any contributions of any kind, without our express prior written approval.
• Collect email addresses or other personal information posted by other users of the Website for marketing purposes.

Thinksmart Insurance may host bulletin boards, chat rooms, and other public forums on its Websites. Any user who violates the terms and conditions of this Agreement may be expelled from and prohibited from further access to bulletin boards, chat rooms, or other public forums. Thinksmart Insurance or its designees may remove or modify any user-generated content at any time for any reason. Bulletin boards, chat rooms, and public forums are designed to serve as discussion centers for users and subscribers. Information and content posted in these public forums may be provided by Thinksmart Insurance employees, external contributors to Thinksmart Insurance, or users not affiliated with Thinksmart Insurance, some of whom may use anonymous user names. Thinksmart Insurance disclaims all liability and endorsement and makes no representations regarding the validity of any opinions, advice, information, or statements made or displayed in these forums by any third party, nor is it responsible for any errors or omissions in such posts or any hyperlinks embedded in any messages. Under no circumstances will we, our partners, suppliers, or agents be liable for any loss or damage arising from your reliance on information obtained through these forums. The views expressed in these forums are solely those of the participating members and do not necessarily reflect the views of Thinksmart Insurance or any of its subsidiaries or affiliated companies.

Thinksmart Insurance has no obligation to monitor any content or postings on bulletin boards, chat rooms, or public forums on the Websites. Nevertheless, you acknowledge and agree that we have the right, but not the obligation, in our sole discretion, to monitor such content. Furthermore, we reserve the right to change, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our customers, sponsors, users, and visitors.

We sometimes provide access to online communities as part of our programs. We want each member to contribute value to the group. Our goal is to make your community the most valuable one you participate in. Accordingly, we reserve the right to remove anyone at any time. We rarely do this, but we want you to know that we take our communities very seriously.

7. Registration

To access certain features of the Website, we may require that you provide demographic information such as gender, birth year, postal code, and country. In addition, if you elect to register for a specific feature of the Website, such as chat rooms, weblogs, or bulletin boards, you may be required to register with us through a provided form, and that registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as required by the registration form on the Website. If we have reasonable grounds to believe that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and to refuse any current or future use of the Website (or any portion thereof). Our use of any personally identifiable information that you provide to us in connection with registration is governed by the terms of our Privacy Policy.

8. Password

To access certain features of the Website, you will need a username and password, which you will receive through our registration process. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and you agree to exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES AND PARENT COMPANIES, OR OUR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING MESSAGES, WEBLOGS, COMMENTS BY OTHER USERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY CONTENT OR PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE OR BY US IN ANY MANNER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN THOSE STATES, OUR LIABILITY AND OUR SUBSIDIARIES’ AND PARENT COMPANIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.)

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR ANY OF ITS TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND ITS PRODUCTS, SERVICES, AND/OR MATERIALS. Thinksmart Insurance IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISOR, AND DOES NOT PROVIDE PERSONAL FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.

WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION PROVIDED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATION ONLY. NONE OF THE INFORMATION WE PROVIDE SHOULD BE CONSTRUED AS INVESTMENT, TAX, ACCOUNTING, OR LEGAL ADVICE, AS A RECOMMENDATION OR SOLICITATION TO BUY OR SELL, OR AS AN ENDORSEMENT OR SPONSORSHIP OF ANY Thinksmart Insurance, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR TRADING SECURITIES OR OTHER INVESTMENTS.

WE DO NOT PROVIDE OR OFFER TAX, LEGAL, OR INVESTMENT ADVISORY SERVICES, AND YOU ARE RESPONSIBLE FOR SEEKING ADVICE FROM A PROFESSIONAL TAX, LEGAL, OR FINANCIAL ADVISOR BEFORE ACTING ON ANY INFORMATION WE PROVIDE. THIS WEBSITE IS CONTINUALLY UNDER DEVELOPMENT, AND THINKSMART INSURANCE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ITS ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT NO STATEMENT MADE BY THINKSMART INSURANCE OR ITS PARTNERS SHALL BE RELIED UPON TO PREDICT FUTURE REVENUES, COSTS, SALES VOLUMES, OR PROFITABILITY THAT MAY ARISE FROM PARTICIPATION IN THIS PROGRAM.

10. Termination

We may cancel or terminate your right to use the Website or any portion of the Website at any time without notice. Upon cancellation or termination, you will no longer be permitted to access the portion of the Website affected by such cancellation or termination. The restrictions that apply to you regarding downloaded materials from the Website and the disclaimers and limitations of liability outlined in these Terms of Use shall survive.

11. Refund Policy

Cancellation or Refund: All products and services are final—no refunds will be given! Refunds can only be made within the first seven days of the initial purchase with our company’s acceptance.

12. Miscellaneous

The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Thinksmart Insurance infringe your copyright, you or your agent may send Thinksmart Insurance a notice requesting removal or blocking of access to the material. Any notice that does not comply with DMCA requirements will not be considered proper notification and will not be deemed to give Thinksmart Insurance actual knowledge of any facts or circumstances from which infringing activity is apparent. If you believe that a notice of copyright infringement was wrongly filed against you, the DMCA permits you to send Thinksmart Insurance a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Thinksmart Insurance’s Copyright Agent for notification of claims of copyright infringement and counter-notices can be reached at: support@thinksmartInsurance.com.

This Agreement shall be binding upon and inure to the benefit of Thinksmart Insurance and our successors, assigns, and legal representatives. Neither this Agreement nor any rights under this Agreement may be transferred or assigned by you without Thinksmart Insurance’s prior written consent; however, all rights and obligations under this Agreement may be freely assigned by Thinksmart Insurance to any of its affiliates or wholly owned subsidiaries. These Terms of Use shall be governed by and construed by the laws of [YOUR COUNTRY/STATE], and any disputes shall be subject to binding arbitration in [YOUR COUNTRY/STATE]. If any provision of this Agreement is found to be unlawful, void, or unenforceable for any reason, such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Disclaimer: Although it is unlikely, this policy may be updated by us at any time. If we update this policy, we will post the updates on this page of our Website. If you have any questions or concerns regarding our privacy policy, please send them to: support@thinksmartInsurance.com.