Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://thinkcodenyc.com website (the “Service”) operated by ThinkCode Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of ThinkCode Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ThinkCode Inc..
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by ThinkCode Inc..
ThinkCode Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ThinkCode Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless ThinkCode Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall ThinkCode Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ThinkCode Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
The WordPress themes, plugins, extensions & snippets authored by Provider and/or provided on thinkcodenyc.com are licensed under the GNU general public license.
Some of the products that are sold on thinkcodenyc.com are created by third-party vendors. While all of the WordPress-interactive code of those products is licensed under the GPL, there may be other content, such as images and Cascading Style Sheets (“CSS”) files, licensed under proprietary terms. Please review the licensing terms included with any purchases for the terms that apply to it.
Provider offers digital media (software) that can be downloaded instantly after a purchase has been made. There is no “trial” or “grace period” after purchasing any product which means all sales are final. Once you have purchased the software, there is no way to “return” it.
Provider products and designs are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third party components and plugins. No support will be provided via email.
Third-party products provided are supported by their authors and not by Provider. Please review the support terms provided by the author of a product before purchasing it.
Customers will be required to create an account when purchasing any products. They are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Customers are fully responsible for all activities that occur under their account and agree to immediately notify Provider of any unauthorized use of their account or any other breach of security. Provider will not be liable for any loss or damage arising from customer failure to comply with these terms. Please note that Provider requires that all users be over the age of 13 to have a customer account.
If you have any questions about these Terms, please contact us.