- Who we are. Rethink Autism, Inc. (“Rethink”) through its operating divisions, Rethink Benefits and RethinkCare, operates the Websites https://www.rethinkbenefits.com/eb/and https://www.rethinkcare.com/ and the mobile Apps of Rethink Benefits and RethinkCare.
- You and Us. When we refer to we, us or our, we mean Rethink Benefits and RethinkCare. When we refer to you or your we mean you, the person accessing or using the Service.
- Your Company means either the company or the organization (or its affiliates) that is our customer or a customer of our channel partner that either employs you, engages you, provides you with services, is otherwise affiliated with you or that employs or engages an individual that you are dependent upon or that invited you to join or use the Service. Your Company may choose to provide you with access to our Services either directly or via an intermediary Third-Party Platform that is our channel partner and provides services to your Company. References in these Terms to your Company shall also mean your Company’s intermediary Third Party Platform, unless otherwise expressly stated.
2. YOUR ELIGIBILITY TO ACCESS AND USE THE SERVICE
- Non-Registered Users. You do not need to be a registered user to access the public portion of the Service (e.g. landing pages, blogs, etc.), but you are still subject to these Terms in so far as they apply to the public portion of the Service.
- Registered Users. Access to the subscription-only Service (i.e. password protected portion) requires registration and is made available pursuant to our agreement with your Company. If there is any conflict between our agreement with your Company and these Terms, then our agreement with your Company will prevail.
- Minimum Age. Both the public and subscription-only portions of the Service are generally intended for the use by individuals who are 18 years of age or older. Individuals between the ages of 13 years and 18 or years may use certain portions of the Service only under the guidance, supervision, and consent of a parent or guardian that has a User Account and accepted these Terms.
- This is a binding agreement. We are willing to provide the Service to you on the condition that you first accept these Terms and comply with all the obligations and standards they set. These Terms are a binding agreement between you and us. When you click through these terms (e.g. on the “I agree” or a similar button or check box), or when you otherwise access or use the Service, you signify to us that you have read, understand and agree to be bound by the Terms, whether or not you are a registered user. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
- We may modify these Terms. We reserve the right to change all or any part these Terms. A material change to the Terms will become effective when posted. If you continue using the Service after the change is implemented, you are indicating your agreement to it. IF YOU DO NOT AGREE TO SUCH CHANGE YOU MUST STOP USING THE SERVICE.
- We may change the Service. We may at any time and in our sole discretion change, modify, add, or discontinue the Service or any portion or component of the Service. Any material changes will be posted. IF YOU DO NOT AGREE TO SUCH CHANGE YOU MUST STOP USING THE SERVICE.
- We may use service providers. We may use Service Providers which means third party service provides, or our affiliates in the performance of our obligations and the Services and we will be responsible for the actions of such Service Providers.
- We may require additional confirmation or consents from you. We may, from time to time, require as a condition to your continued access to and use of the Services that you (i) confirm your agreement to and compliance with the Terms, and (ii) provide your consent for certain activities as needed for a Service(s) or otherwise under applicable laws.
- Rethink Supplemental Terms.The use of certain Rethink Services may be subject to additional Rethink Supplemental Terms which means additional terms, conditions, or restrictions, imposed by Rethink or by Rethink’s third-party providers which will be posted on those pages from which they may be accessed. You agree to comply with all such Rethink Supplemental Terms and that if they conflict with these Terms, the Rethink Supplemental Terms will prevail only with respect to such specific Service or any of its components, but otherwise such Supplemental Terms do not amend these Terms.
- Your Company and Third-Party Platform Supplemental Terms.As a condition to your eligibility, access, continued use or receipt of additional benefits (e.g., use based rewards), you may be required by your Company to accept and comply with certain supplemental terms including conditions or restrictions imposed by your Company or by your Company’s intermediary Third-Party Platforms through which you access the Service (e.g., EAP, wellness or benefit platforms, learning management systems, etc.,). Such Company or Third-Party Platform Supplemental Terms do not apply to the Rethink Service and do not amend these Terms. All questions about your Company and Third-Party Platform Supplemental Terms and your Company relationship with its Third-Party Platform providers should be directed to your Company.
4. YOUR ACCOUNT
- Setting up a User Account. The creation of a Primary User Account is limited only to an individual deemed eligible by the Company to enroll and receive the Services and such individual will remain the Primary User Account holder for the duration of our agreement with the Company unless terminated earlier in accordance with these Terms. Your Company is responsible for the distribution of enrollment information and/or enrollment credentials (e.g., enrollment URL/Code). All questions about such enrollment information and/or enrollment credentials should be directed to your Company.
When creating a User Account (including a Primary User Account) you will be prompted to provide information, including personally identifiable information; please check the Rethink Privacy Notice to see how personally identifiable information is collected used and protected. You agree:
- to provide accurate, current, and complete information;
- not to register on behalf of an individual other than yourself;
- not to use another user’s account; and
- to maintain the confidentiality and security of your password and user ID.
- You are responsible for your User Account. You are fully responsible for any use of your User Account and for all activities that occur using your password or user ID, whether or not such use is authorized by you. If you know or suspect that anyone other than you knows your User Account login details, you must immediately notify us at [email protected].
- Control of Access and Use Rights. The Service is offered in a few distinct subscription-only environments, and access to some Service offerings may depend on whether or not you are a Primary User Account holder for the specific Service and whether certain use Permissions are enabled.
- Rethink Benefits At-Work – Important Highlights. In the “Rethink Benefits At Work” environment, you are solely responsible for setting your access credentials and At Work Permissions which include access to certain functionality of the Service which may prompt you to provide additional information about yourself or others (e.g. meetings and communications with neurodiversity experts, etc.). Please note that the use of remote consultation sessions provided as part of Rethink Benefits At-Work does NOT necessitate or require you to share the identity of an individual that is the subject of the consultation (e.g. the identity of an employee with neurodiversity issues that is reporting to you). DO NOT share any personal information of individuals (e.g. name, role/job title, phone, email, employee number, department, location, etc.). Disclosure of such personal information may be in violation of applicable laws and contrary to your Company’s policy. Please check the Rethink Privacy Notice to see how personally identifiable information is collected in the “At-Work” environment and is used and protected by Rethink.
- Rethink Benefits At Home – Important Highlights. In the “Rethink Benefits At Home” environment, you are solely responsible for setting your access credentials and At-Home Permissions which include access to certain functionality of the Service which may prompt you to provide additional information about yourself, your child or others (e.g. Child Profile, Appointment Verification, etc.). If you are a Primary User Account holder, you can also designate and re-designate access to the Service to your child’s Care Team that may include other individuals such as a spouse, partner, caregiver, relative or a teacher. You are solely responsible to set usage rights to your Care Team members including, but not limited to setting At-Home Permissions that are limited to a particular Child Profile or that are based on the type of the desired training, the role of the Support Team member and the sensitivity of data which you may input or access in your User Account or Child Profile. Please note that identifying a child in a Child Profile is completely optional and is not essential for you to use the Services. Please check the Rethink Privacy Notice to see how personally identifiable information is collected in the “At-Home” environment and is used and protected by Rethink.
- Remote Consultation Sessions – Important Highlights. Remote consultation sessions with Rethink are provided to parents and caregivers solely for informational and educational purposes and the information provided by you will be used to direct you to resources and strategies to enhance your knowledge to promote your child’s well-being and skill building. The remote consultation sessions are an educational benefit intended solely for parents/caregiver. The relationship with the Rethink consultant is not a physician-patient or a clinical relationship and the remote consultation session is not a telehealth service. The Rethink consultant is not your or your child’s therapist and will not provide you or your child with healthcare or medical diagnosis, advice, treatment or prescribe medication, including without limitation, psychotherapy, psychology, psychiatry treatment and services. Remote consultation sessions are not intended for crisis situations or emergency medical services, if you or another person are in a crisis or in danger, you should contact 911, your local emergency assistance number and/or your personal physician. You understand that information shared with the consultant may be disclosed if you, another individual or a child, present danger to yourself, the child or others. The remote consultation sessions are not an endorsement, recommendation or sponsorship by Rethink of any medical product, service or treatment. Please check the Rethink Privacy Notice to see how personally identifiable information is collected in the “At-Home” environment and is used and protected by Rethink.
- Use of the Services by your dependents – Important Highlights. You acknowledge that the Service is not intended for the use of children younger than 13 years of age. If you allow your dependent who is between 13 and 18 years of age to access and use the Service, whether under your User Account then such use must always be under your guidance and supervision. By allowing a dependent to access your User Account you agree to be bound by such dependent’s actions and all references in these terms to “you” or “your” also apply to the access and use of the Service by such dependent.
- Usage Reports – Please check Rethink Privacy Notice for information related to usage reports provided to your Company or to Third Party Platforms.
- Setting and enabling Text Messages. If included in the Service and depending on your Permissions, remote consultation sessions can be scheduled via scheduling tools that are part of the Service (e.g., email, text message). Currently text messaging tools are offered only in the United States. If you wish to utilize text messaging as means of communication you will need to expressly consent by checking a designated box in the User Account form, to receive such text messages. You represent that you are the account holder for the mobile telephone number that you provide and will notify us if you change your mobile telephone number. To stop text messages, you will need to change the setting of your User Account and opt-out from the text messaging feature. You further agree that:
- We or any of our service providers may use an automatic telephone dialing system to deliver text messages to the mobile telephone number associated with your User Account that you designated for text messages; and
- Message and data rates may apply to each text message sent or received in connection with our text messages, as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges.
5. AUTHORIZED USE OF THE SERVICE
- Your use is conditioned on your compliance with these Terms. You agree to act in good faith and use the Service and in accordance with the Terms and applicable laws. You shall not:
- modify, distribute, transmit, display, perform or create derivative works from or based on the Service or any components thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available, whether or not as “paid for” service, and regardless of the method of dissemination, the functionality or any component of the Services to any third party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, hosting, cloud, or other technology or service;
- reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code of the Services;
- use manual process, automatic device or application or extraction tool to access, monitor, use, download, retrieve, index, extract, scrape, or data mine;
- copy, frame, mirror, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any component thereof or otherwise defeat, bypass, or circumvent any other protections of Rethink’s intellectual property rights in the Service;
- bypass or breach any security device or protection used by the Services or otherwise access or use the Services;
- input, upload, transmit, activate or otherwise provide to or through the Services any malware or harmful code or virus;
- damage, destroy, deface, disrupt, disable, impair, interfere with, or otherwise disrupt impede, overburden or harm in any manner the Services or Rethink’s provision of products and services to any person or entity;
- remove, delete, alter, or obscure any trademarks, copyright and attribution notices, warranties, or disclaimers, or any other intellectual property rights notices from the Services or any component thereof;
- access or use the Services in any manner or for any purpose or that infringes, misappropriates, or otherwise violates intellectual property rights or other rights of any person or entity, or that otherwise violates any applicable law;
- generate, upload or share User Materials (as explained below) that are defamatory, obscene, promote bigotry, racism, misogyny, religious or ethnic hatred or are otherwise libelous, unlawful, or tortious, including stalking, harassing, or threatening others with violence or abuse and transmitting abusive commercial solicitation, such as “junk” messages, spam and pyramid schemes to other users of the Service;
- access or use the Services for purposes of monitoring their availability, performance or functionality, or for benchmarking against third party services or competitive analysis of the Services, or for the development, provision, or use of a competing service or any other purpose that is to Rethink’s detriment or commercial disadvantage
- access or use the Services in, or in association with, the design, construction, maintenance, or operation of any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Services could lead to personal injury or severe physical or property damage;
- otherwise access to or use the Services beyond the scope of the use granted by Rethink.
6. USER MATERIALS
- User Information and Materials. Depending on your Permissions and/or the Service, you may upload and maintain on the Service User Materials which means any data (including personal data of individuals), information, content and materials that are relevant and necessary for your use of the Service, including materials of your Company, if you have rights to do so. Where applicable, personal data of individuals must be entered only in specifically designated forms and/or fields on the Service. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of such User Materials and their inclusion and utilization in the Service. You must ensure that you have all necessary legal rights and authority to the User Materials and that such materials would not violate any law or rights of any individual. Your initial and continued ability to access, use, add, share, transmit and remove User Materials depends on the Permissions granted to you. When sharing or transmitting User Materials via the Service, you are responsible to ensure that such sharing and transmission is appropriate and legal. You are also responsible for any backup, recovery or other steps required to ensure that your User Materials are recoverable in the case of data loss.
- Our rights with respect to User Materials. We have no ownership rights in User Materials. You grant us and our Service Providers permission, to access, use, reproduce, modify, adapt, perform, display, distribute and process User Materials as is reasonably necessary to perform the Service.
- Monitoring User Materials and Usage. Your usage of the Service is monitored and recorded to facilitate and help with user support and system security. We have no obligation to monitor or investigate your access to and usage of the Service or User Materials. However, we reserve the right, in our sole discretion and without further notice to you, to monitor or investigate a User Account if we believe, that it is necessary to:
- comply with any applicable law, including requests by law enforcement or government agencies;
- to respond to notices of alleged infringement in accordance with Rethink Copyright Policy.
- to verify compliance with the Terms;
- protect the rights, property or safety of Rethink, your Company, users and/or the public.
7. OUR PROPRIETARY RIGHTS
- Our Intellectual Property. We own all right, title and interest, including all intellectual property rights in the Service and all content and tools including, but not limited to software, data, graphics, images, logos, audio, video, design, and any and all other features and elements, in any media or format, that are or may in the future become available through the Service, all of which are protected by United States and international intellectual property laws and other applicable laws.
- No right to use our trademarks and logos. You shall not use Rethink or its affiliates trade names, trademarks and service marks, alone or in connection with any other words or logos without Rethink’s consent and if such consent is granted all uses shall inure solely to the benefit of Rethink and its affiliates and you shall acquire no right, title or interest in them or goodwill associated with them and shall refrain from impairing Rethink or its affiliates’ rights.
- Statistical Information. We may derive and compile, either manually or automatically, Statistical Information which means analytics, statistical and other information derived from data related to and that is captured the Service that is anonymized or aggregated with other data captured in the Services pertaining the performance, operation and use of the Services, and use such Statistical Information for our business purposes, including for operations management, for research and development and for sharing with our Service Providers and other relevant parties. We own the rights in and to such Statistical Information. For additional information on our collection and use of Statistical Information please check the Rethink Privacy Notice.
- You have a limited right to download and Share. A limited amount of content may be marked and authorized by you to share in your personal social channels (e.g. Facebook, Twitter, LinkedIn etc.). You may use the functionality of the Service to download or print a reasonable number of copies of reports and Rethink content to which you have Permission to access, solely for your personal and non-commercial use, provided that you include all copyright and other proprietary rights notices and attribution. Any and all other sharing or dissemination of Rethink content, including without limitation, in any websites, enterprise or consumer apps, or by “influencers”, without Rethink advance written consent, is strictly prohibited.
- How to request permission to use our content. If you would like to use any content from the Service that isn’t expressly permitted in these Terms, please contact us by writing to Rethink Autism, Inc., Attn: Copyright Agent, 49 W. 27th St., 8th Fl. New York, NY 10001.
- Reservation of rights by us. You shall not use or exploit our Service in any manner, except as expressly permitted. All rights not expressly granted to you are reserved by us. There are no implied licenses to the Service or its components.
8. SUSPENSION AND TERMINATION
- We have the right to terminate or suspend your User Account. If you breach any of the Terms, pose a threat to the functionality, security, integrity or availability of the Services, violate any applicable laws, or if needed to protect the rights, property and safety of Rethink, your Company, other users or the public, we may, in our discretion. immediately do any or all of the following (without limitation):
- issue a warning to you;
- suspend or terminate your User Account; and/or
- take legal action against you.
- Termination or expiration of our agreement with your Company. We make the Service available to you pursuant to an agreement with your Company or with its Third-Party Provider that is our channel partner. If that agreement expires or terminates for any reason, we will terminate your access to the Service. We may also terminate your access to the Service upon receipt of instructions from your Company or its Third-Party Platform, or if we can no longer verify your eligibility with the Company.
- Violation of laws by you. Any unauthorized use of the Service or related to the Service may also violate laws in the United States and other countries, and we may cooperate with the applicable authorities, including by disclosing your identity and other Client Materials, as set forth in the Rethink Privacy Notice.
9. OUR LIABILITY
- Liabilities that we cannot Limit. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, and nothing in these Terms affects any of your statutory rights.
- What we Cannot Guarantee. Some jurisdictions do not allow the exclusion of implied warranties, therefore some of the following exclusions may not apply to you. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH HEREIN, (A) WE AND OUR PROVIDERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED INDEMNIFICATION OBLIGATIONS, OR OTHER WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, WITH RESPECT TO ANY ASPECTS OF THE SERVICE AND ANY COMPONENTS THEREOF OR ITS USE IN CONJUNCTION WITH USER MATERIALS OR THE OUTPUT OR RESULTS OBTAINED FROM SUCH USE, ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE THEREUPON OR AS TO THE PERFORMANCE THEREOF (WHETHER PERFORMED IN WHOLE, PART OR NOT AT ALL); (B) WE AND OUR PROVIDERS DO NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR ANY COMPONENTS OR OUTPUT THEREOF OR THAT IT WILL BE ERROR FREE OR FREE FROM MALWARE OR OTHER INFIRMITY OR CORRUPTION AND THEREFORE, WE SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN; AND (C) THE SERVICE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE IS AT YOUR OWN RISK.
- We do not offer medical advice. THIS SERVICE DOES NOT PROVIDE MEDICAL ADVICE AND DOES NOT CONSTITUTE: (A) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT INCLUDING WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, (B) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP, OR (C) AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY MEDICAL PRODUCT OR SERVICE BY US. ADDITIONALLY, THIS SERVICE SHOULD NOT BE USED TO DIAGNOSE A MEDICAL CONDITION, OR TO ASSESS ANY MEDICAL ASPECT OF ANY PERSON DIAGNOSED WITH A MEDICAL CONDITION. ALL CONTENT INCLUDED IN THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE MEDICAL PROFESSIONAL ADVICE. YOU SHOULD CONSULT A MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT. DO NOT DELAY SEEKING ADVICE FROM A MEDICAL PROFESSIONAL BECAUSE OF CONTENT RECEIVED FROM THIS SERVICE. THE SERVICE IS NOT INTENDED FOR CRISIS SITUATIONS OR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.
- You are responsible to obtain medical clearance. CERTAIN OFFERINGS ON THE SERVICE INCLUDE HEALTH, FITNESS AND WELLNESS INFORMATION THAT ARE DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. THERE EXISTS THIRD PARTY RESEARCH-BASED EVIDENCE THAT MIND AND BODY SOLUTIONS (INCLUDING MINDFULNESS, MEDITATION, AND YOGA) CAN ASSIST IN THE PREVENTION AND RECOVERY PROCESS FOR A WIDE ARRAY OF CONDITIONS AS WELL AS IN IMPROVING SOME PERFORMANCE AND RELATIONSHIP ISSUES. RETHINK MAKES NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT THE SERVICE WILL PROVIDE PHYSICAL OR THERAPEUTIC BENEFIT. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE SETTING GOALS AND/OR BEGINNING A NEW FITNESS OR WELLNESS PROGRAM. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL CONTENT THAT IS INCLUDED IN THE SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO A PARTICULAR OFFERING. IN CREATING A USER ACCOUNT YOU REPRESENT THAT YOU UNDERSTAND THAT CERTAIN ACTIVITIES INVOLVE STRENUOUS PHYSICAL MOVEMENT AND CARRY THE RISK OF INJURY WHETHER PHYSICAL OR MENTAL AND YOU AFFIRM THAT NO PHYSICIAN OR GENERAL PRACTITIONER HAS EVER INFORMED YOU THAT YOU HAVE A CONDITION THAT PREVENTS YOU FROM ENGAGING IN ANY OF THESE ACTIVITIES AND YOU DO NOT KNOW OF ANY OTHER REASON YOU SHOULD NOT ENGAGE IN THEM. YOU SHOULD START ANY PHYSICAL OR MINDFULNESS ACTIVITY SLOWLY AND AT THE LEVEL THAT IS APPROPRIATE LEVEL FOR YOUR SKILLS AND ABILITIES, AS WELL AS FOR ANY MENTAL OR PHYSICAL CONDITIONS AND/OR LIMITATIONS YOU HAVE. YOU SHOULD DISCONTINUE ANY ACTIVITY, REGIMEN, ROUTINE, PROGRAM OR USING ANY SUGGESTED EQUIPMENT THAT CAUSES YOU ANY ANXIETY, DEPRESSION, PAIN, DISCOMFORT, NAUSEA, DIZZINESS, OR SHORTNESS OF BREATH AND CONSULT A HEALTH CARE PROFESSIONAL WITHOUT DELAY. YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU OR OTHERS ACCESSING OR USING THE SERVICE VIA YOUR USER ACCOUNT MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST RETHINK AND ITS AFFILIATES.
- We are not liable for third party services and products. The Service may require the utilization of or integration with products, services and data contain that are made available by third party providers (including Third-Party Platforms) or may include links to third party websites including without limitation, websites which may provide “medical” or “clinical” advice. We do not control such third party products and services and assume no liability with respect to any of them. Your access and use rights to such third party products and websites may involve additional agreements between such third party provider and your Company or may require you to agree to additional terms and conditions. All such additional, terms, conditions or agreements do not alter these Terms and you will be responsible for your use of such third party products and services, any associated costs and fees and any risks arising.
- We make no additional promises. No opinion, advice or statement by us (including our officers, directors, employees, agents and affiliates) or by our providers or by any users, whether made on the Service, or related to it or otherwise, will create any representation or warranty or obligation under these Terms.
- Limitations on our liability. IF YOU ARE DISSATISFIED WITH THE SERVICE YOUR REMEDY IS TO STOP USING IT. In no event shall we or our affiliates be liable to you or any third party for damages of any kind, including, but not limited to, any indirect, special, incidental, exemplary, punitive or consequential damages, including but not limited to loss of profits, lost time or goodwill, even if advised of the possibility of such damages, whether in contract, tort, strict liability or otherwise. Our liability will not exceed, in the aggregate for all claims, the lesser of: (i) the annual amount, paid or payable by your Company pro-rated for your use of the Service, and (ii) $1,000. These limitations do not apply if we are grossly negligent, act willfully or where we cause bodily injury. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
- Your indemnification obligation to us. You agree to indemnify and hold us harmless (including our officers, directors, equity holders, employees, agents, representatives and affiliates) and our providers, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from: (a) any activity on your User Account in violation of the Terms, (b) your violations of applicable third party terms and agreements, if any, (c) your violations of applicable law, (d) your violation of the rights, including, intellectual property and privacy rights of any third party, (e) your User Materials, including without limitation your failure to secure all necessary rights, licenses and approvals such that we can utilize them as part of the Service, (f) claims of injury of any kind by you or others accessing or using your User Account. You agree to cooperate fully in any Rethink inquiry concerning actual, alleged, or potential violations of the Terms.
11. OTHER IMPORTANT TERMS
- What happens if we have a legal dispute?
- We are based in New York State and therefore, the Terms are governed by and interpreted in accordance with the laws of the State of New York. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods or by the Uniform Computer Information Transactions Act, and both are expressly disclaimed.
- In connection with any dispute or litigation arising out of or relating to the Terms, you consent to the exclusive jurisdiction and venue in New York State courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.
- We will be allowed to bring action against you in any jurisdiction.
- Circumstances outside our control. While we will endeavor to provide the Service to you, you understand and agree that we would not be liable for delays or failure in the performance or delivery of Services due to acts of God, unforeseen circumstances, or other causes beyond our reasonable control.
- Sections that survive termination of these Terms. All sections of the Terms which by their nature survive termination shall continue in full force and effect beyond any termination of the Terms, including, without limitation, all provisions which relate to proprietary rights, disclaimers, limitation of liability, waiver and indemnification.
- Severability of terms. If one or more of the provisions of these Terms shall be held unenforceable by a court in any applicable jurisdiction respect, then such provision shall be deleted from the Terms to the minimum extent, and the remaining provisions will continue in full force and effect. Any such judicial interpretation requiring limitation or deletion of a provision shall be valid only in the jurisdiction in which such interpretation is made.
- Conduct does not waive rights. No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
12. NOTIFICATIONS AND CONTACT INFORMATION
- How we will notify you of changes. Rethink may place a notice across its pages to alert you to certain changes such as material modifications to the Terms or the Service. Alternatively, notice may be in the form of an email, telephone or via postal services.
- Our Contact Information.
- If you have any questions relating to the Terms or the Service or any other Rethink products and services, please contact: [email protected]or write to our address below.
- If you have any reason for a complaint, please contact [email protected]or write to our address below and we will endeavor to resolve the issue.
- Our address is: Rethink First, 49 W. 27th St., 8th Fl. New York, NY 10001. You agree that the only way to provide us legal notice is at the addresses provided above.
This version of the Terms is effective as of June 30, 2022.