Terms of Service | thentic.com

Terms of Service

thentic helps retailers and their employees learn about all sorts of industry issues, products and people. We provide a platform where associations, not-for-profits, manufacturers, and retailers offer quizzes, notes, advice, instruction, and recommendations. Our terms are pretty simple ~ use common-sense, play nice, share ~ and our goal is to help the world be a better place, but the required legalese is below:

By using the thentic services (as defined below) which are owned and operated by The Thentic Company Inc. ("thentic.com") and by accessing the thentic site located at http://www.thentic.com, and all linked pages owned and operated by thentic (the "thentic site"), you agree to be bound by these Terms of service (this "Agreement").

Eligibility.

You must be 18 or over to register as a member of thentic or use the thentic site and thentic services. Membership in the thentic service is void where prohibited by applicable law, and the right to access the thentic site is revoked in such jurisdictions. By using the thentic site and/or thentic services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Changes to the Agreement or the thentic services.

You agree and understand that this Agreement, the thentic site and the thentic services may be modified by thentic at any time without prior notice, and such modifications will be effective upon thentic's posting of the new terms and/or upon implementation of the new changes on the thentic site.

Registration and Security.

You may be required to register with thentic in certain circumstances and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register you agree to provide thentic with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. thentic reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

Use of the site/services by Members.

You may use the thentic site to learn, share information, and ask questions about products from other thentic users. You may search the thentic database for recommendations and business contact information. You may forward requests for quizzes or information to people you know; whether or not, they are existing thentic users. You may invite people you know to join thentic. You may download or copy the portions of the content, and other items displayed on the thentic site, for your own use, provided that you maintain all copyright and other notices contained in such content.

Restrictions on Rights to Use.

You shall not (and you agree not to allow any third party to):

  • modify, adapt, translate, or reverse engineer any portion of the thentic site and/or thentic service;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the thentic site and/or thentic service;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the thentic site and/or thentic service;
  • collect any information about other users or members (including usernames and/or email addresses) for any purpose;
  • reformatting or framing any portion of the web pages that are part of the thentic site and/or thentic service;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam," to other users or members of the thentic site and/or thentic service or otherwise interfere with other user's or member's enjoyment of the thentic site and/or thentic service;
  • submit any third party materials or content without such third party's prior written consent;
  • submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by thentic;
  • submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • use of the thentic site or thentic services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • submit content or materials that are unlawful or promote or encourage illegal activity; or
  • submit false or misleading information to thentic.

Content Posted By You on the thentic site.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

You understand and agree that thentic may review and delete any content that in the sole judgment of thentic violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users or members of the thentic site and/or other website users.

You are solely responsible for the any content that you publish or display on the thentic site, or transmit to other Members and/or other website users (hereinafter, "Posted Content").

You are solely responsible for your profile, employee accounts and/or lessons listed on thentic. thentic reserves the right, but has no obligation, to monitor disputes between you and any entity you are in contact with via the thentic site.

You agree that you will only post content that you believe to be true and you will not purposely provide false or misleading information.

By posting Posted Content on the thentic site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, thentic, its contractors, and the users of the thentic site an irrevocable, perpetual, non-exclusive, sublicensable, fully paid, worldwide license to use, copy, perform, display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.

Copyright Dispute Policy.

thentic has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of thentic's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.

The Thentic Company Policy.

It is our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements.

If you believe that material or content residing on or accessible through the thentic site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that thentic is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is thentic's policy:

  • to remove or disable access to the infringing material;
  • to notify the content provider, member or user that it has removed or disabled access to the material; and
  • that repeat offenders will have the infringing material removed from the system and that thentic will terminate such content provider's, member's or user's access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent.

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which thentic is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
Removal.

If a counter-notice is received by the Designated Agent, thentic may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at thentic's discretion. Please contact thentic's Designated Agent to Receive Notification of Claimed Infringement at the following address:

Copyright Agent, thentic.com

P.O. Box 6408 Tahoe City, CA 96145

Phone: (415) 265-8328

Email to: info@thentic.com

Privacy.

Use of the thentic site and/or the thentic service is also governed by our Privacy Policy.

Term.

This Agreement will remain in full force and effect while you use the thentic site and/or thentic services.

Rights in Content on thentic.

thentic and its licensor's own and retain all proprietary rights in the thentic site, the thentic services, and all associated software, content and material. The thentic site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available on the thentic site, or thentic services in whole or in part. Except as expressly and unambiguously provided herein, thentic and its suppliers do not grant you any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights.

Disclaimer.

THE THENTIC SITE IS PROVIDED BY THENTIC ON AN "AS IS" BASIS. THENTIC AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE THENTIC SITE OR IN ASSOCIATION WITH THE THENTIC SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THENTIC AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THENTIC AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE THENTIC SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THENTIC IS NOT RESPOSIBLE FOR THE CONDUCT, OF ANY USER OF THE THENTIC SITE. THE THENTIC SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THENTIC OR THROUGH OR FROM THE THENTIC SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability.

THENTIC AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THENTIC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THENTIC FOR THE THENTIC SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnity.

You agree to indemnify and hold thentic, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Your access to the thentic site, use of the thentic services, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.

Disclaimers; No Warranties.

No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, thentic.com, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE. No advice or information, whether oral or written, obtained by You from thentic.com or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that the term thentic.com includes thentic.com’s officers, directors, employees, shareholders, agents, licensors and subcontractors.

“As is” and “As available” and “With All Faults”. You expressly agree that use of the Website is at your sole risk. THE Website AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Postings, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Website ARE PROVIDED on an “AS IS,” “AS AVAILABLE” AND “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.

Content.

THENTIC.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, User Postings, FUNCTIONS, or any other information OFFERED ON or through THE WEBSITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Accuracy.

THENTIC.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to Your Computer.

YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR property (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.

Miscellaneous.

If there is any dispute about or involving the thentic site and/or the thentic service, by using the thentic site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind thentic in any respect whatsoever. This Agreement, accepted upon use of the thentic site, contains the entire agreement between you and thentic regarding the use of the thentic site and/or the thentic service. The failure of thentic to exercise or enforce any right or provision of these Terms of thentic service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. thentic shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond thentic's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with thentic's prior written consent. The section titles in these Terms of service are for convenience only and have no legal or contractual effect. This Agreement includes thentic's acceptable use policy for content posted on the thentic site, thentic's Privacy Policy, and any notices regarding the thentic site.

Please contact us with any questions regarding this agreement.

thentic is a service mark of The Thentic Company Inc.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

© The Thentic Company 2009 - 2015 - All rights reserved