Rethink Resource and its wholly-owned subsidiaries ("Rethink Resource", "we", "our" or "us") maintain various websites and mobile apps (collectively, the "Sites") which provide services and information to you subject to the following terms and conditions ("Terms of Use"). These Terms of Use govern your use of the Sites and other digital content services, such as mobile device connectivity. Please read these Terms of Use carefully. Your use of the Sites signifies your agreement to these Terms of Use. Separate terms and conditions may apply to other Rethink Resource services or business transactions. Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and Rethink Resource have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.
Electronic Communications When you visit the Sites or send communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by text messaging or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Mobile Access & Text Messaging Terms. Use of Mobile Devices. If you use a mobile device to access the Sites, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any Sites via a mobile device, you agree to these Terms of Use and to any applicable terms of a mobile app you may use.
General Terms & Disputes. Without limitation, our text messaging program is subject to these Terms of Use, which contain provisions that govern how claims you and Rethink Resource have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.
Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. For all other help inquiries, please text HELP to the number from which you are currently receiving the messages.
Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Your Duties for Your Own Phone Number. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for promptly notifying us. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number.
Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated messages from us if we believe you are in breach of these Terms of Use. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
Privacy
Our Privacy Policy governs the collection, use, and disclosure of your personal information. Our Privacy Policy is incorporated into these Terms of Use by this reference. By accessing the Sites you agree to the practices described in our Privacy Policy.
Minors
The Sites are not intended for use by anyone under the age of majority in their jurisdiction and you acknowledge that you are fully able and competent to enter into these Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. By accessing, using, and/or submitting information to or through the Sites, you represent that you are at least age 13. Anyone between age thirteen (13) and the age of majority in your jurisdiction may only use the Sites under the supervision of his/her parent or a legal guardian.
Users and Accounts
To use certain features of the Sites, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current, and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (e) notify us if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Sites. We do not guarantee that the Sites are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Sites or any component of them and to block or prevent future access to and use of the Sites and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Sites will survive such termination.
Placing Orders; Billing & Payment
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account with us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason, including but not limited to inaccuracies or errors in service or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. If you use Apple Pay as a form of payment (when available) for any transaction(s) via our Sites, you acknowledge and agree that all such transactions are between you and us only, not with Apple, and Apple is not responsible for any products or services offered by Rethink Resource. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Sites or any products or services we offer. In the event of any such products or services failing to conform to any applicable warranty, you understand and agree that Apple has no responsibility for such failure, and that Apple has no warranty obligation whatsoever with respect to our products or services, and that Apple is not responsible for addressing any claims by you or any third party relating to our products or services. You agree to comply with any applicable third-party terms when using our Sites or services. Apple and Apple's subsidiaries are third-party beneficiaries of our Terms of Use relating to our Sites, and upon your acceptance of such terms by using our Sites and/or conducting any transactions via our Sites, Apple will have the right (and will be deemed to have accepted the right) to enforce such Terms of Use against you as a third-party beneficiary. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Limited Usage Rights
The Sites are owned by Rethink Resource and licensed to you for your limited use solely to learn about and/or purchase our services. Except as expressly provided in these Terms of Use, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Sites. You may not save or archive a significant portion of the material appearing in or on the Sites. All rights not expressly granted herein are reserved by Rethink Resource.
Intellectual Property
Trademarks. The trademarks, trade dress, logos, and service marks (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of Rethink Resource, its affiliates, its third-party licensors, and others. You are not permitted to use any of the Trademarks displayed on the Sites, without the prior, express written consent of Rethink Resource, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags, or any other "hidden text" utilizing Rethink Resource’s or its affiliates’ name or Trademarks without the express written consent of Rethink Resource, its affiliates, or third-party licensors. All rights reserved.
Sites Materials. All Trademarks and materials displayed on, or contained within the Sites, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the "Materials"), are the property of Rethink Resource, its affiliates, or its licensors and are protected by copyright, trademark, patent, and all other applicable intellectual property laws. You acknowledge and agree that the Sites and the Materials are the property of Rethink Resource, its affiliates, and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Sites or in the Materials. You may download a copy of the Materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of Rethink Resource or its affiliates without the express written consent of Rethink Resource.
Any copies that you make of the Materials must retain all copyright and other notices. Except as expressly provided for in these Terms of Use, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Sites, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license, or sale of any content on the Sites, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Sites, including, but not limited to, the Materials. No portion of the content on the Sites may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.
Restrictions on Use
You agree that you shall not use the Sites: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Sites; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Sites, other websites, or the Internet. We reserve the right to terminate your use of our Sites for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Sites for illegal purposes.
Your Obligation
By using the Sites, you represent and warrant that: (i) you are the age of majority in your place of residence, and have the power and authority to accept these Terms of Use and to enter into this agreement with Rethink Resource; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the Sites; and (iii) you understand and accept the terms, conditions, and risks relating to the use of the content and Materials on the Sites.
Submitting or Posting Content
The Sites may provide you and other users an opportunity to submit, post, display, transmit, and/or exchange information, ideas, opinions, photographs, images, video, creative works, or other information, messages, transmissions, or material to us, the Sites, or others ("Post," “Posting,” or "Postings"). By Posting, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional, and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work, or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (i) the Post does not and will not infringe on any copyright or any other third-party right nor violate any applicable law or regulation; (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary releases, copyright, and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide, and your Posts will not be returned to you, and will not be treated as confidential information.
Postings do not reflect the views of Rethink Resource or its affiliates. We do not have any obligation to monitor, edit, or review any Postings on the Sites. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Sites. At its sole discretion, Rethink Resource reserves the right to remove any Posting from the Sites and terminate your account or access to the Sites for violations of these Terms of Use.
No Endorsement of Third Party Sites
The Sites may contain links to or references to third-party websites, resources, and advertisers (collectively, "Third Party Sites"). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall Rethink Resource be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. Rethink Resource also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste, or subjective quality of informational content, advertising, products, or other materials made available on or through such Third Party Sites. No endorsement of any third-party content, information, data, opinions, advice, statements, goods, services, or products is expressed or implied by any information, material, or content of any third party contained in, referred to, included on, or linked from or to the Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster.
Copyrights and Digital Millennium Copyright Act
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on our Sites. Our designated agent can be reached via U.S. Mail at: Rethink Resource, Attention: Chief Legal