The mission of Rethink , Inc. and its current or future affiliates (“Rethink”, “we”, “our”, “us”) is to offer parents and professionals immediate access to effective and affordable treatment tools for individuals with special needs via the website www.rethinkfirst.com or any successor website (“Site”).
I. BINDING AGREEMENT
Modifications to the TOU.We reserve the right to change the terms of the TOU, or any portion hereof, and will notify if any material term is changed. ANY AND ALL MODIFICATIONS TO THE TOU WILL BE EFFECTIVE UPON NOTIFICATION OR POSTING AND CONTINUED USE OF THE SITE INDICATES YOUR ASSENT TO THEM. IF YOU DO NOT AGREE TO SUCH CHANGE YOU MUST STOP USING THE SITE AND SERVICES.
Organization Agreement. To the extent that your organization and Rethink enter into a separate agreement that governs your access to the Site in your capacity as an employee or agent, or otherwise, on behalf of your organization, the terms of any such agreement will govern should there be any conflict between such agreement and the TOU, but only to the extent that such agreement makes an express reference to the TOU and the Site. Notwithstanding the foregoing, you shall adhere to all obligations and standards of conduct set forth in the TOU.
Additional Terms and Conditions. Some Services available through the Site may have additional terms, conditions and restrictions associated with them, which are or will be posted on those Site pages from which such Services may be accessed. You agree that any and all such additional terms, conditions and restrictions will apply to your access and use of the applicable Services and that, if they are in conflict with the TOU, such additional terms, conditions and restrictions will control with respect to such Services.
Confirmation of Terms. We may from time to time request that you confirm, including in writing, your agreement to and compliance with any part of the TOU as a condition to your continued access to and use of the Site and the Services.
II. CHANGES TO SITE OR SERVICES
We reserve the right, at any time and in our sole discretion, to (a) change, modify, add, eliminate or discontinue the Site, and any content or services made via the site (“Content”, “Services”), or any portion or feature thereof; and (b) impose fees, charges or other conditions for use of the Site, Content or Services or any parts thereof. ANY MATERIAL CHANGES INCLUDING CHANGES TO PAYMENTS SHALL BE COMMUNICATED TO YOU AND BECOME EFFECTIVE FOLLOWING SUCH COMMUNICATION TO YOU UNLESS OTHERWISE NOTED.
III. ELIGIBILITY TO ACCESS AND USE
Non-Registered Users.The public portion of the Site is open to non-registered users.
Registered Users.Certain Content and Services are offered free of charge through the password-protected portion of the Site and require users to register and create a user ID and password. Such content and services are open only to registered users who are 18 years of age or older.
Members.A wealth of Content and Services is offered to registered users who are 18 years of age or older and purchase a subscription to the Site.
Age Eligibility.The public portion of the Site is open to non-registered users, for which we neither require nor ask for personally identifying information. With the exception of the Activity Center (as detailed below), the private portion of the Site and any Content and Services offered as part of it, are intended solely for users who are eighteen (18) years of age or older and who are not considered to be minors in their state or country of residence.
Subscription.A subscription may be purchased for individuals or for organizations. Single and multiple subscriptions for either individuals or organizations may be purchased online. In addition, multiple subscriptions for organizations may also be purchased via email to email@example.com, through the Rethink sales organization or through an authorized distributor of Rethink.
Subscription Fees & Renewals.Except as stated in a specific agreement between Rethink and your organization, subscriptions are subject to recurring billing. You authorize us to automatically bill your payment method (e.g. credit card) even after the subscription term has expired, to avoid interruptions in your services. At your option, you may choose one of the following renewal and payment intervals: (i) month to month, (ii) quarterly, or (iii) annual. In each case, billing for the full amount will occur on the first day of the chosen subscription period. Each renewal term is consistent with the initial subscription term you choose. You may cancel the subscription renewal or modify the subscription term by giving Rethink an advance written notice prior to the scheduled renewal date. Notwithstanding cancellation of a subscription, you agree to continue to pay us the applicable fees through the end of the applicable subscription period. Subscription fees are non-cancellable and non-refundable. Failure to pay the subscription fees may result in the termination of your subscription.
Promotions.Any pricing designated as “promotional”, “special”, “limited time only” or other short-term offer will remain in effect for the designated duration only and will be adjusted automatically to regular pricing at the conclusion of the designated time period. Rethink reserves the right to change subscription pricing at any time.
Taxes.Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). Taxes are calculated based on the billing information that you provide us at the time of purchase.
No Assignment.You may not assign your registration or subscription to any person without our prior written consent.
V. REGISTRATION DATA AND ACCOUNT SECURITY
Your Obligations.By accessing and using the Site, you represent, warrant and covenant: (a) to provide accurate, current and complete information about you as may be requested by any registration forms or templates on the Site or otherwise provided by Rethink; (b) not to register on behalf of an individual other than yourself; (c) not to register on behalf of any group or entity unless you are authorized by them to do so; (d) not to use another user’s account; (e) to maintain the security of your password and user ID; (f) that you are fully responsible for any and all use of your account and for any and all activities that occur through the use of any password or user ID whether or not such use is authorized by you; and (g) not to access or attempt to access any password-protected portions of the Site without an authorized access method.
VI. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
Rethink Ownership.You agree that the Site and all components thereof, including, without limitation, Content, Services, works of authorship, software, text, information, content, data, reports, graphics, images, photos, logos, button icons, audio, video, design, interactive features, structure, organization, data compilation, meta data, look and feel, and any and all other features and elements, in any media or format, that are or may in the future become available through the Site, any improvements or modifications thereto, any derivative works based thereon, and the collection, arrangement and assembly of all such components, are: (a) our property; or (b) Materials owned by users, and in each case are protected by United States and international intellectual property laws and other applicable laws.
Trademarks and Logos.The Rethink, Rethink First and Rethink names and logos are service marks of Rethink (“Rethink Marks”). Rethink Marks may not be used in connection with any product or service that is not Rethink’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Rethink. All other trademarks, service marks and logos not owned by Rethink that appear via the Site, the Content or the Services are the property of their respective owners, who may or may not be affiliated with or connected to Rethink. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site or via the Content or Services without the express written permission of the service mark or trademark owner.
Reservation of Rights.There are no implied licenses or rights under the TOU and all rights not expressly granted herein are specifically reserved to Rethink.
VII. USE OF THE SITE
Limited Licenses.On the express condition that you comply with all your obligations under the TOU, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right and license to access the Site, Content and Services through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other circumventing technology used to access the Site, Content or Services without our express written consent), view information, utilize the Content and Services in accordance with the TOU. Any other use except as expressly authorized herein, without the prior written permission of Rethink, is strictly prohibited and will automatically terminate your limited license granted herein. Such unauthorized use may also violate applicable laws including intellectual property laws and other applicable rules, regulations and/or statutes.
Use Restrictions.Except as expressly stated below, and except with respect to your own Materials, you may not use, download, upload, reproduce, copy, duplicate, print, sell, publish, distribute, license, transmit, disseminate, perform, display, post, broadcast, create new works from or derivative works based on, reformat, rearrange or modify any information that is available on the Site, Content or Services, on any Internet, Intranet or Extranet site or incorporate any of the foregoing in any other database or compilation, including without limitation any online bulletin boards, message boards, blogs, newsgroups, chat rooms, mail lists or in any other manner or otherwise exploit the Site or Services.
You may download, copy, store, reformat, print or display insubstantial amount of general information from the Site and Services solely for your personal non-commercial use, provided that you include all copyright and other proprietary rights notices and/or attribution in the same form in which the notices appear in the Site, Content or Services.
If an email, messaging, download or other sharing functionality is present with respect to a particular component of the Site, Content or Services, you may use such functionality to share such component with other individuals, provided that you include all copyright and other proprietary rights notices and/or attribution in the same form in which the notices appear in the Site, Content or Services.
If you would like to use any content from the Site, Content or Services that isn’t expressly permitted hereunder, please contact us by writing to Rethink , Inc. Attn: Copyright Agent, 19 West 21st Street, Suite 403, New York, NY 10010.
When using the Site and Services you represent warrant and covenant not to: (a) restrict, inhibit or otherwise interfere with any other user’s use, including, without limitation, by means of "hacking" or defacing any portion of the Site or Services or otherwise impairing or overburdening them; (b) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Services; (c) "frame" or "mirror" any part of the Site or Services without our prior written authorization; (d) use any robot, spider, site search/retrieval application, or other manual process or automatic device or application or extraction tool to access, monitor, copy, use, download, retrieve, index, extract, scrape, data mine, interact, overload, or in any way reproduce or circumvent the navigational structure or presentation of the Site, Content or Services or otherwise defeat, bypass, or circumvent any other protections of Rethink’s proprietary rights in the Site, Content and Services; (e) harvest or collect email addresses or other contact information of users without their express written consent; (f) send unsolicited or unauthorized advertisements, spam, chain letters, or other communications to other users of the Site, Content or Services; (g) upload or transmit any Materials that contains or embodies a software virus, worm, cancelbot, Trojan horse or other harmful, contaminating or destructive feature, computer code, file or program, or otherwise violates the restrictions on such Materials set forth in the TOU; or (h) violate any local, state, national or international law, rule, regulation or order of any court.
VIII. USER MATERIALS AND PUBLIC SUBMISSIONS
Private Materials.You may input in or upload Materials to the private portion of the Site in a designated “file cabinet” which is linked to your User Profile and associated with the Child Profile(s) that you created (“Private Submission”). Rethink will provide access to such file cabinet solely to you, but will enable you to designate and permit others to access and share the “file cabinet”. While Rethink will take all reasonable steps to protect the privacy of Materials stored in a “file cabinet”, any contents you input in or upload to your file cabinet and any sharing of such contents with others is at your own risk.
Public Submissions.Certain features of the Site provide you with an opportunity to interact with other users. Such interactive features may include discussions and comments on topics of interest. When you use such features you should be aware that any private Materials you include, are made publicly available to others (“Public Submission”). We are not responsible for any information you choose to communicate or submit through these interactive features.
Your License to Rethink.You agree that upon uploading, posting or submitting your Public Submission on the Site, such Public Submission shall be considered non-confidential information, and you automatically grant us, a non-exclusive, fully transferable and sublicenseable, worldwide, fully paid-up, perpetual, irrevocable, unrestricted right and license to use, distribute, publicly perform, display, reproduce, modify, adapt, translate, incorporate into other works, create derivative works based on, and otherwise use and commercially exploit your Public Submissions, including, without limitation, any names, likeness, ideas, concepts, or other information related thereto, in whole or in part, in any and all media formats and through any and all media channels now known or hereafter devised, in any manner and for any purpose, without any duty to obtain your consent or notify you or provide attribution or compensation to you. You also waive any waivable "moral rights" or rights of attribution or integrity in such Public Submission and rights of publicity. In addition, you grant us the right to authorize the use by other users of your Public Submission, or any portion thereof, in accordance with the TOU. You represent and warrant to us that you have all the necessary legal rights, power and authority to upload, or post Public Submissions and to grant us the foregoing license rights and that such actions will not violate any law or the rights of any person or entity.
Rethink does not acquire any ownership rights in your Public Submissions; rather, as between you and Rethink, and subject to the rights you granted to us hereunder, you retain ownership of all such Public Submissions.
Compilations and Derivative Works created by Rethink.Notwithstanding the foregoing, as between you and Rethink, all rights, title and interest in and to any and all compilations, derivative works, and any and all other works created by or on behalf of Rethink that are based on, incorporating or otherwise comprising your Public Submissions, shall be owned by Rethink, subject to your underlying rights in such Public Submissions.
Confidential Information.You acknowledge that ideas you post and information you share as part of your Public Submissions may be seen and used by other users, and Rethink cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, or that is subject to third party rights that may be violated by your sharing it, do not post it as part of your Public Submissions.
Backup.You are solely responsible, at your sole cost and expense, for creating backup copies and/or replacing any Materials you post or store on the Site. When you post Public Submissions, you authorize us to make such copies and backups as we deem necessary in order to facilitate the posting and storage of Public Submissions on the Site.
Removal.You can request Rethink to remove your Public Submissions at any time. Please note that “removal” of Submissions means only that it will not be visible to other users via the Site, except for those Public Submissions that have already been viewed by other users and retained by them on their respective devices. All Submissions, whether removed or not, are retained by Rethink and are subject to Rethink data retention policies as they may be updated. Notwithstanding any removal of your Submission from the Site, you agree that Rethink’s license to your Public Submissions shall continue perpetually as specified above.
Rules of Conduct.You represent, warrant and covenant that your Materials and any other actions you may take while using the Site, Content or Services shall not constitute, include or result in any of the following: (a) promotion of or incitement to hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity, (b) pornography or pedophilia materials, (c) direct or veiled threats against any person or group of people or content that is otherwise harmful, abusive, offensive, harassing, derisive, tortuous or objectionable, (d) invasion of privacy or violation or disclosure of the private and confidential information of any third party, including, without limitation, protected health information, credit card numbers, social security numbers, and driver's and other license numbers, (e) violation of any right of publicity, (f) impersonation of others in a manner that is intended to or does mislead or confuse others, (g) use for unlawful purposes or for promotion of dangerous and illegal activities, (h) spamming or solicitations, including, without limitation, junk mail, “chain letters” or “pyramid” schemes of any sort or invitations to participate in any of them, (i) personal attacks, (j) profanity, obscenity or vulgarity, (k) business solicitations or advertising, (l) libel or defamation, (m) expression, suggestion or implication that any statements you make are endorsed by us, without our prior written consent, (n) content that you either know or should know is false, deceptive or misleading, or misrepresents or deceives others as to the source, accuracy, integrity or completeness, (o) infringement of any intellectual property or other proprietary rights of any individual or entity, (p) transmission of any non-public or otherwise restricted, confidential or proprietary information of any individual or entity without the express authorization of such individual or entity, (q) transmission of content which is prohibited under any law, rule, regulation or order of any court, or prohibited as a result of any employment, contractual, fiduciary or other legal obligation or relationship, or (r) violation of any local, state, national or international law, rule, regulation or order of any court.
Good Citizenship.When creating and posting Public Submissions, you agree to act in good faith, to the best of your ability, and in accordance with the TOU and applicable law. You agree that your Public Submissions will, in both tone and content, contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.
Editorial Discretion.Rethink has no obligation to pre-screen or monitor any Public Submissions and does not guarantee that Public Submissions will be truthful, accurate, complete, or of any quality or value or in compliance with the TOU. Without limiting the generality of the foregoing, Rethink reserves the right, in its sole discretion and without further notice to you, to monitor, investigate, censor, edit, modify, move, delete, or remove any Materials, Public Submissions posted on the Site, any emails, messages, profiles or other personalized information or any information transmitted to or from your User Account or a Rethink messaging or sharing tool, at any time and for any reason, including, without limitation, if Rethink believes, in its sole discretion, that such modification or removal is necessary to: (a) satisfy any applicable law, rule, regulation, legal process, subpoena or governmental request; (b) enforce the TOU; (c) protect the rights, property or safety of Rethink, its third party providers, its users and/or the public; and (d) to maintain an environment of courteous, credible, responsible and open exchange of information. In the event Rethink provides any notice of any nature indicating Rethink has reviewed any Public Submissions, such notification shall not constitute verification by Rethink of the information contained therein, or the accuracy, completeness or adequacy of such information.
IX. ACTIVITY CENTER
Activity Center.In addition to features and services that are designed for professionals, educators and parents, the private portion of our Site also offers certain features designed to be used by children of all ages, including children under the age of 13 (“Activity Center”). The performance information of an individual student that is completing learning activities in the Activity Center will be retained and linked to the Child Profile of that student to allow the tracking of his or her progress.
Access to Activity Center.Children may access the Activity Center only if they are first registered and issued a unique ID and password either: (i) by a customer organization that has lawful authority to designate the child as a student-user of our Site, or (ii) with the express, prior consent of the child's parent or guardian. At all times, you may request that we remove the child's access to the Activity Center.
Use of the Activity Center.Use of the Activity Center by anyone younger than 18 is permitted only under the supervision of a designated representative of a customer organization, a parent or legal guardian who agrees to be bound by the TOU.
General. Some jurisdictions do not allow the exclusion of implied warranties, therefore some of the following exclusions may not apply to you. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RETHINK (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES OR PROVIDERS) DOES NOT: (A) MAKE ANY WARRANTIES OR REPRESENTATIONS, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATION AS TO THE AVAILABILITY, OPERATION, PERFORMANCE AND/OR USE OF THE SITE, CONTENT OR SERVICES OR MATERIALS, THE RESULTS OBTAINED FROM THEIR USE, ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE THEREUPON, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), TITLE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES OR INDEMNIFICATION, OR OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) WARRANT OR GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS, AVAILABILITY OR COMPLETENESS OF THE SITE, CONTENT, OR SERVICES OR MATERIALS; (C) AGREE AND SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR USE OR RELIANCE ON ANY ASPECT OF THE SITE, CONTENT, SERVICES OR MATERIALS; AND (D) MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE, CONTENT OR SERVICES OR MATERIALS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOU FURTHER ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOUR USE OF THE SITE, CONTENT, SERVICES AND MATERIALS IS AT YOUR OWN RISK AND RETHINK DOES NOT GUARANTEE THAT SUCH USE WILL BE EFFECTIVE OR THAT YOU WILL ACHIEVE YOUR INTENDED RESULTS.
No Medical Advice.THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE SITE, CONTENT OR SERVICES ARE NOT INTENDED TO CONSTITUTE: (A) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, (B) THE CREATION OF A PHYSICIAN PATIENT OR CLINICAL RELATIONSHIP, OR (C) AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY MEDICAL PRODUCT OR SERVICE BY RETHINK OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES OR PROVIDERS. ADDITIONALLY, THIS SITE SHOULD NOT BE USED TO ATTEMPT TO DIAGNOSE A MEDICAL CONDITION, OR TO ATTEMPT TO ASSESS THE STAGE OR OTHER MEDICAL ASPECT OF ANY PERSON DIAGNOSED WITH A MEDICAL CONDITION. ALL CONTENT ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS CONTENT 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 SITE. RETHINK PROVIDES THIS INFORMATION AND CONTENT ON THIS SITE FOR EDUCATIONAL PURPOSES ONLY. DO NOT USE THE SITE FOR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.
No Liability For User’s Actions.Notwithstanding any rules of conduct or provisions set forth in the TOU, Rethink and its third party providers do not control and therefore are not responsible for the actions of users on or off the Site, including, without limitation, any misuse or misappropriation of Public Submissions or for any Public Submission that is offensive, inappropriate, obscene, unlawful, objectionable or is otherwise created or otherwise submitted in violation of the TOU. Rethink does not and has no obligation to screen, edit, or review Public Submissions. You should be aware that other users may not be who they claim they are. We take no action to confirm any of our users’ profiles. User Public Submissions may be misleading, deceptive, or erroneous, and you acknowledge and agree that any use by you of any Public Submission is at your own risk. Rethink does not endorse, support, sanction, encourage, verify, or agree with facts, views, opinions, or statements contained in users’ Public Submissions.
No Liability for Third Party Websites.You also acknowledge that the Site may contain links to third party websites or products or services from other providers that may offer you the ability to download or access software, content or services. Rethink is not responsible for such links, or any products, services or other materials relating to such linked sites, or any links or advertisements contained in a linked site. Rethink does not control, endorse or sponsor such other websites or any products, services, content or advertisements therein, and has not reviewed or approved any of the foregoing. IN NO EVENT WILL RETHINK OR ITS PROVIDERS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, CONTENT, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE.
International Use.We make no representation that Content or Services on this Site are appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
No Warranties.No opinion, advice or statement of Rethink (including its officers, directors, employees, agents and affiliates) its providers or any users, whether made on the Site, Content or Services or related thereto or otherwise, shall create any representation or warranty hereunder.
XI. LIMITATION OF LIABILITY
Exclusions.IN NO EVENT SHALL RETHINK (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND PROVIDERS) BE LIABLE (JOINTLY OR SEVERALLY) 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, LOSS OF PROFITS, OR DAMAGES FOR LOST TIME OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THE AVAILABILITY OR FUNCTIONALITY OF, USE OF, ACCESS TO, RELIANCE ON THE SITE, CONTENT, SERVICES OR ANY SUBMISSIONS, OR ANY OTHER INFORMATION, CONTENT OR MATERIALS OFFERED VIA THE SITE OR THE SERVICES.
Limited Remedies. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY OF THE SERVICES IS TO STOP USING THEM. Due to the unique public mission of Rethink and the strong public interest in its continued operation, in no event shall you seek and you hereby waive any remedy designed to enjoin or restrain in any way Rethink or its operations, products or services.
IN NO EVENT SHALL THE LIABILITY OF RETHINK (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND PROVIDERS) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE AMOUNT OF THE MOST RECENT MONTHLY, QUARTERLY OR ANNUAL FEE THAT YOU PAID, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RETHINK EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Rethink (including its officers, directors, employees, agents, representatives and affiliates) and its 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) your violation of the TOU, (b) use of the Site, Content or Services, or any information, content or materials contained, displayed or available therein, by you or any other person accessing them under your authorized access methods, (c) any activity you engage on or through the Site or the Services, (d) your violation of the rights, including without limitation, intellectual property and privacy rights of any third party, or (e) your Materials and Public Submissions. You agree to cooperate fully in any Rethink inquiry concerning actual, alleged, or potential violations of the TOU.
XIII. COPYRIGHT POLICY
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about our policy, please see the Rethink Copyright Policy.
Termination By Rethink.Rethink may, at any time and in its sole discretion, for any or no reason and without prior notice to you, terminate your access to and use of the Site and/or any or all of the Content or Services. Causes for such termination include, but are not limited to: (a) breaches or violations of the TOU or other agreements, policies or guidelines, (b) requests by law enforcement or other government or regulatory authorities, or (c) violation of copyrights or other intellectual property rights. Termination of the TOU includes disabling your access to the Site and any Services.
Survival of Terms.All sections of the TOU which by their nature survive termination shall continue in full force and effect beyond any termination of the TOU, including, without limitation, all provisions which relate to disclaimers, limitation of liability, waiver and indemnification.
Choice of Law and Forum.The TOU shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its principles or rules of conflict of laws. In no event shall the TOU be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, UCITA whether enacted in whole or in part by any state or applicable jurisdiction, regardless of how codified shall not apply to this Agreement and is hereby disclaimed. In connection with any dispute or litigation arising out of or relating to the TOU, you hereby 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. Notwithstanding the foregoing, you agree that Rethink shall be allowed to bring action against you (including an equivalent relief) in any jurisdiction.
Severability. In the event that any court having competent jurisdiction over the interpretation of the TOU shall finally determine that one or more of the provisions contained herein shall be unenforceable in any respect, then such provision shall be deemed limited and restricted to the extent that such court shall deem it to be enforceable, and, as so limited or restricted, shall remain in full force and effect. In the event that any such provision or provisions shall be deemed wholly unenforceable, such provision shall be deemed deleted from the TOU, and the remaining provisions shall remain 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.
Waivers. No waiver of any of the terms of the TOU will be valid unless in writing and designated as such. Any forbearance or delay on the part of Rethink in enforcing any of its rights under the TOU will not be construed as a waiver of such right to enforce same for such occurrence or any other occurrence, nor shall any single or partial exercise of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. Where any provision in the TOU refers to an action to be taken by a party, or which such party is prohibited from taking, such provision shall be applicable whether the action in question is taken directly or indirectly by such party.
XVI. NOTIFICATIONS AND CONTACT INFORMATION
Rethink Notices. Rethink may place a notice across its pages to alert you to certain changes such as material modifications to the TOU, the Site or the Services. Alternatively, notice may be in the form of an email, telephone or via postal services.
Contact Information. If you have any questions relating to the TOU, Site, Content, Services or Rethink products and services, please contact: firstname.lastname@example.org or write to Rethink First, 19 west 21st street, suite 403, new york, ny 10010. You agree that the only way to provide us legal notice is at the addresses provided above.
Effective Date This version of the TOU is effective as of June 3, 2015.
Rethink , Inc. ("Rethink", “we”, “our” us”) respects intellectual property rights of others and desires to offer a Site that contains content that does not violate those rights. The Rethink TOU require that information posted by users be accurate, lawful and not in violation of the intellectual property rights of third parties. To promote these objectives, Rethink provides a process for submission of complaints concerning Submissions by users. Rethink’s policy and procedures are set forth in the sections that follow.
Rethink’s policy is to promptly respond to clear notices of alleged infringement that comply with the United States Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512) the text of which can be found at the U.S. Copyright Office Website (http://www.copyright.gov). This page sets forth the information that should be included in such notices. It is designed to make submission of notices and counter notices more straightforward while reducing the number of fraudulent notices or notices that are difficult to understand or verify.
Prior to serving either a notice of infringing material or counter notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Rethink’s rights and obligations under the DMCA, and do not constitute legal advice to you.
We expect our users to comply with applicable laws. If, however, we receive proper notification of claimed infringement, our response to such notices may include removing or disabling access to materials at issue and/or terminating users’ accounts, regardless of whether we may or may not be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the person who placed the materials at issue on our site so that they may make a counter notification under the DMCA.
Upon receipt of proper notification of claimed infringement, Rethink will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with Rethink, you must provide a written communication (by fax, regular mail or email) that sets forth the information specified below. Please note that you will be liable for damages (including costs and attorney's fees) if you misrepresent or provide fraudulent statements that the material or any activity is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect your materials, you may want to consult a lawyer.
To expedite our ability to process your request, please use the following format (including section numbers) and provide:
Title: Notice of Copyright Infringement
1. Reasonably sufficient detail to enable us to identify the copyrighted work claimed to be infringed. (For example, "The copyrighted work at issue is the "name of the work" by "name of the author");
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g. a link to the page containing the material or the URL);
3. Information reasonably sufficient to permit Rethink to contact the complaining party, such as a name, an address, telephone number and an email address;
4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6. Sign the document.
7. Send the written communication to:
Rethink , Inc. Attn: Copyright Agent 19 West 21st Street, Suite 403 New York, NY 10010 OR fax to: (646) 257.2926 Attn: Rethink , Inc. Copyright Agent OR email to email@example.com
The provider of an allegedly infringing content, whose material has been taken down or has been notified that an infringement claim has been made against such material, may make a counter notification pursuant to the DMCA. To file a counter notification with Rethink, you must provide a written communication (by fax, regular mail or email) that sets forth the information specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you misrepresent or provide fraudulent statements that the material or any activity is not infringing the rights of others. Accordingly, if you are not sure that you are the proper copyright holder or if copyright laws protect your materials, you may want to consult a lawyer. When we receive a counter notification, we may reinstate the material in question.
To expedite our ability to process your request, please use the following format (including section numbers) and provide:
Title: Counter-Notice regarding Claim of Copyright Infringement
1. Reasonably sufficient detail to enable us to identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Information reasonably sufficient to contact you including your name, an address, telephone number and an email address;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]" (or The Southern District of New York if your address is outside of the United States);
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Sign the document.
7. Send the written communication to:
Rethink , Inc. Attn: Copyright Agent 19 West 21st Street, Suite 403 New York, NY 10010 OR fax to: (646) 257.2926 Attn: Rethink , Inc. Copyright Agent OR email to firstname.lastname@example.org
CLAIMS REGARDING CONTENT AND INTELLECTUAL PROPERTY VIOLATIONS (OTHER THAN COPYRIGHT INFRINGEMENT)
To notify Rethink that you in good faith believe that content posted by a user on the Site infringes your intellectual property rights (other than copyright) or is inaccurate or unlawful please follow the process set forth above for copyright infringement, and modify the title of your notice to Rethink to read: “Notice of Content/Intellectual Property Violations.”
If you believe the Notice Of Content/Intellectual Property Violations was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may follow the process set forth above for copyright infringement counter claims and modify the title of you notice to Rethink to read: “Counter-Notice Regarding Claim of Content/Intellectual Property Violations.”
Rethink may, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Effective Date This version of the TOU is effective as of December 1, 2014.
The mission of Rethink , Inc. and its current or future affiliates (“Rethink”, “we”, “our”, “us”) is to offer parents and professionals immediate access to effective and affordable treatment tools for individuals with special needs.
Taking part in our program, utilizing our assessment and training modules and data gathering, tracking and reporting services as well as other activities and services means sharing information about yourself, your child, your family or about individuals under your treatment or supervision (“you”, “your”).
I. COLLECTION OF PERSONAL INFORMATION
Access. Currently, you are not required to provide any personally identifiable information in order to gain access to the public, non-password protected portion of the Site. To obtain access to the private portion of the Site and to use certain features provided by Rethink via such private portion of the Site, you are required to register as a user and create a user profile. Access to the private portion of the Site requires use of valid ID and password.
User Profile. Your Rethink Site account may be created directly by you, or at your request, initially set up by a Rethink administrator (“User Profile”). During registration you will be prompted to provide information such as your name, address and email address. Applicants to the BCBA Supervision Program may be required to provide additional information regarding their education and professional experience. A Rethink administrator may set up the account, pursuant to a contract with its customers who are organizations including but not limited to schools, school districts, or any of their providers, in which case, your User Profile may include information provided to Rethink by the applicable organization.
Child Profile. The Site allows you to create a profile of your child or a child you are treating or supervising (“Child Profile”). You will be prompted to provide information related to such child such as name, date of birth, and gender. In addition, you will be required to choose an educational classification (e.g. Autism, Asperger’s Syndrome, Childhood Disintegrative Disorder, Rett’s Disorder, Pervasive Development Disorder, etc.), to assess the overall language ability of the child and to identify areas of concern. At your choice, you can also upload a photo of the child.
BCBA Supervision Program. If you participate in this program, you will be required to upload video sessions with child participants for review by your supervisor. Such upload of videotaped sessions is strictly conditioned upon your obtaining a legally binding release, before you videotape the session, from each participant or legal guardian. Rethink does not retain copies of the videotaped sessions; following review by a supervisor, the video will be deleted.
Communications with Rethink. Whenever you communicate with us, whether via initial registration on the Site, or for any other reason via email or via features of the Site, the information we collect from you (e.g. your name, address, email) is added to our electronic mailing list.
II. METHODS OF DATA COLLECTION
Cookies are small strings of data that are sent by the Site to your browser and then stored by your browser on your computer’s hard drive, mobile phone, or other device, and allow us to recognize you as a user when you return to the Site using the same device and web browser. Most web browsers automatically accept cookies, but it is possible to change your browser setup or apply other means so that it does not accept cookies. However, rejecting cookies may prevent you from taking advantage of certain portions of the Site.
We use both “persistent” and “session” cookies. Persistent cookies are set once you have logged into the site and will allow us to recognize you as an existing user the next time you access it such that you will not need to log-in before you use the features and services. However, notwithstanding the placement of a persistent cookie on your computer, in order to access or change any private information in your account or to use the interactive features of the Site to communicate with others, you will be required to use your log-in credentials. Session cookies are used to identify a particular visit to the Site and expire after the elapse of a set period or when you close your web browser. We may use different technologies to place such cookies.
Log files, IP Addresses, Java Script, Analytics and other Tracking Information. Adoption of communications standards on the internet and use of standard analytical tools results in or may lead to the automatic receipt and tracking of (i) the URL of the website from which you came and the website to which you are going when you leave the Site; (ii) the internet protocol (“IP”) address of your computer (or the proxy server you use to access the World Wide Web); (iii) your computer operating system and type of web browser you are using; (iv) email patterns; (v) your mobile device (including your UDID) and mobile operating system (if you are accessing the Site using a mobile device), (vi) your ISP or your mobile carrier’s name.
The link between your IP address and your personally identifiable information is not shared with third parties without your permission.
We may also include web beacons and cookies and other tracking technologies in our e-mail messages, including newsletters, to, among other things, determine how many e-mail messages have been opened.
Opting Out from Data Collection Methods. You may reject cookies and opt-out from tracking technologies and ad networks and services advertising practices, however in doing so you may lose some of the functionality of the Site and the potential benefit of receiving ads that are targeted to your interests. Note that we do not currently respond to web browser "Do Not Track" signals that provide a method to opt out of the collection of information about online activities over time and across third-party websites or online services.
III. USE OF PERSONAL INFORMATION
HIPAA Compliance. Rethink is committed to full and complete compliance with the rules and regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Accordingly, we will use Protected Health Information (PHI) that we are granted access to only for the purposes for which we have been contracted. As necessary, we will adjust our policies to adhere to our clients' needs and to adjust to any changes in the HIPAA rules
Your Use of Personal Information. The features available on the private portion of the Site are designed specifically to collect data that is linked to the personally identifiable information. For example, certain features may collect information about a child’s performance of assigned tasks and link such information to the Child Profile to allow the tracking of the child’s progress. Other features may collect data on individual teachers and whom they teach or on trainee teachers and the milestones they achieve in their certification process. Rethink’s individual and organization customers may use this information in any manner they choose to accomplish their own goals and missions.
Sharing of Information by You. You may store information in the private portion of the Site in a designated “file cabinet” which is linked to your User Profile and associated with the Child Profile(s) that you created. Rethink will provide access to such file cabinet solely to you, but will enable you to designate and permit others to access and share the “file cabinet”. While Rethink will take all reasonable steps to protect the privacy of information stored in a “file cabinet”, any content you upload to your file cabinet and any sharing of such information with others is at your own risk.
Your Interactions with Other Users. Certain features on the Site provide you with an opportunity to interact with other users. Such interactive features may include discussions and comments on topics of interest. When you use such features you should be aware that any information you include, is made publicly available to others. We are not responsible for any information you choose to communicate or submit through these interactive features.
Rethink Use of Personal Information. We collect, retain and use personally identifiable information or other information you provide to us via the Site for legitimate business purposes only, including without limitation in the following ways: (a) to qualify you as a registered user with access to the password-protected portion of the Site; (b) to provide services to registered users and to otherwise operate the Site; (c) to respond to an inquiry from you or address a request submitted by you (including contacting you directly to request additional information to process your inquiry or request; (d) to contact you and provide you information regarding Rethink and/or our business partners and affiliates; (e) to notify you about your accounts or transactions with us and to otherwise contact you with information we believe is of interest to you; (f) to correspond with you about our features or services or special offers related thereto; (g) to facilitate the payment of any fees necessary to access the services; (h) to enhance or develop the Site, and the features and services; (i) to monitor the usage of the Site and any services and features offered; (j) to provide third parties with aggregate anonymous non-personal information about our user base and usage patterns; (k) to personalize the features and services; (l) to comply with applicable laws, regulations and rules, and requests of relevant regulatory and law enforcement and/or other governmental agencies; (m) to enforce our TOU; and/or (n) to protect the rights, property, or safety of Rethink, our personnel, users, and others.
We may use the email address you provide to us to send you notifications, updates, newsletters or information regarding our Site and any features or services.
Sharing of Information by Rethink. We do not sell or rent your personally identifiable information to third parties. We may share your information only with our affiliates, business partners or third party service providers to provide you with the features and services on the Site. For example, we may hire or collaborate with a third party company to help manage emails, and for that purpose we may provide them with your email address and certain other information in order for them to send you an email messages on our behalf. Similarly, we may hire companies to host or operate some of our websites and related computers and software applications.
Pursuant to our contracts with certain customers that are organizations, such as schools and school districts, Rethink may collect data from designated student users and their teachers, school administrators and parents. Such data will be linked to personally identifiable information of the User Profiles and the Child Profiles that relate to such organization and pursuant to the contracts, will be made available to the customer organization. If you are accessing our Site pursuant to an authorization or approval by one of our customer organizations and you have questions about how such customer uses your personally identifiable information, you should contact that customer organization directly.
Further, pursuant to our contracts with certain customers that are organizations, such as schools and school districts, we may transmit and reformat personally identifiable information including User Profiles and Child Profiles and other related data collected via the Site, to Individual Education Plan (IEP) providers that are identified by the applicable organization as its service providers. The transmission of such data will be performed via an API or other secure technology.
We may share aggregate, anonymous statistical, non-personal information regarding the users of the Site, traffic patterns, and Site usage with our affiliates or business partners.
We will disclose information we maintain, including personally identifiable information, when required to do so by law, or may disclose such information in response to a request from a law enforcement agency or authority.
Payment Information. If you choose to subscribe to the Services through the Site you will be required to provide a mailing address, billing address, credit card number, and/or other payment information necessary to facilitate the payment, all of which will remain private and not become visible to other users. Credit cards processing is performed by a third party service provider and Rethink does not retain your financial information.
Links to Other Sites. The Site may contain links to third party websites that allow users the ability to download or access software or content. Rethink neither controls nor endorses such third party websites, and has not reviewed or approved any content that appears thereon or the privacy practices of such third parties. Rethink shall not be held responsible for such third parties’ privacy practices. You should review the privacy policies posted on such third party sites.
Testimonials and Endorsements. If you provide any testimonials about or endorsements of the Rethink products or services we may post those testimonials and examples of endorsements you place in connection with our promotion of these features or services to others. Testimonials and advertisements may include your name and other personal information that you have provided.
Polls and Surveys. We may conduct polls and surveys either directly or through third parties. Your selection may be random, or it may be based on your non-personally identifiable information, such as geographic location, school district, etc. Your participation in a poll or survey is voluntary. Rethink or its third party service providers may target some advertisements or incentives to you based on polls or survey results. If the delivery of incentives requires your contact information, you may be asked to provide personally identifiable information to the third party provider fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. Taking advantage of such incentives and providing such information is voluntary and at your sole discretion.
IV. PERSONAL INFORMATION OF CHILDREN
Age of Users. The public portion of the Site is open to non-registered users, for which we neither require nor ask for personally identifying information. With the exception of the Activity Center (as detailed below), the private portion of the Site and any features and services offered as part of it, are intended solely for users who are eighteen (18) years of age or older and who are not considered to be minors in their state or country of residence. We do not intend to collect personally identifiable information from anyone we know to be under 18 years of age.
Activity Center. In addition to features and services that are designed for educators and parents, the private portion of our Site also offers certain features designed to be used by children of all ages, including children under the age of 13 (“Activity Center”). The performance information of an individual student that is completing learning activities in the Activity Center will be retained and linked to the Child Profile of that student to allow the tracking his or her progress.
Access to Activity Center. Children may access the Activity Center only if they are first registered and issued a unique ID and password either (i) by a customer organization that has lawful authority to designate the child as a student-user of our Site, or (ii) with the express, prior consent of the child's parent or guardian. At all times, you may request that we remove the child's access to the Activity Center.
Use of the Activity Center. Use of the Activity Center by anyone younger than 18 is permitted only under the supervision of a designated representative of a customer organization, a parent or legal guardian who agrees to be bound by the TOU.
Questions. If you have any questions about children privacy protection please reach out to us at: Rethink , Inc., 19 West 21st Street, Suite 403 New York, NY 10010, P: (877) 988.8871, F: (646) 257.2926, email@example.com
V. RETENTION OF PERSONAL INFORMATION
Security. Rethink employs security systems to protect the personally identifiable information we receive from you from unauthorized disclosure. Access to your data on the Site is password-protected, and sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between your web browser and the Site. Please be aware that Internet data transmission is not always secure and we cannot warrant that information you transmit utilizing the Site may not be intercepted, accessed, disclosed, altered, or destroyed by breach of any of our safeguards. Because security is important to both Rethink and you, we will always make reasonable efforts to ensure the security of our systems, however it is your responsibility to protect the security of your login information. If you suspect unauthorized access to your information, it is your responsibility to contact Rethink immediately. Please note that emails, messaging features, and similar means of communication with other users are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
VI. YOUR INFORMATION CHOICES
Modification. We strive to maintain the accuracy of any personally identifiable information that may have been collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is inaccurate. It is your responsibility to ensure that such information is accurate, complete, and up-to-date. You may review and update personally identifiable information that you have provided to us at any time by signing in and visiting your User Profile.
Opt Out/Unsubscribe. You may opt out of or unsubscribe from receiving certain communications from us and our affiliates by following the opt-out/unsubscribe link provided in any email received from us or by emailing us at firstname.lastname@example.org. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately.
Business Transfer. Rethink may, in the future, disclose or otherwise transfer some or all of its assets including your personal information and other information you provide to another third party as part of a sale (actual or negotiated) of the assets of Rethink, its affiliates, a subsidiary or division or as the result of a change of control (actual or negotiated) of Rethink or its affiliate. Any third party to which Rethink transfers or sells the assets as set forth in the foregoing sentence, will have the right to continue to use the personal and other information that you provide to Rethink.
Your California Privacy Right. California Law permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their own direct marketing purposes. Rethink does not share your information with third parties for the third parties’ own and independent direct marketing purposes unless we receive your permission. To make inquires about our sharing practices or your rights under California law, please write to us at Rethink , Inc. Attn: Customer Service, 19 West 21st St. Suite 403, New York, NY 10010 or contact us at: email@example.com.