Welcome to the 1st Thinking, Inc. ("1st
Thinking") Web site (the "Site"). The following are terms of a legal agreement
between you and 1st Thinking. By accessing this Site, you acknowledge that
you have read, understood, and agree, to be bound by the following terms and to
1. Use of Web Site Information
You may download, view, copy and print
documents and graphics incorporated in these documents (the "Documents") from
the Site subject to the following: (a) the Documents may be used solely for
personal, informational, non-commercial purposes; and (b) the Documents may not
be modified or altered in any way. Except where your use constitutes "fair use"
under copyright law, you may not otherwise use, download, upload, copy, print,
display, perform, reproduce, publish, license, post, transmit or distribute any
information from this Web site in whole or in part without the express
authorization of 1st Thinking.
2. Accuracy of Web Site Information
Information on this Web site may contain
technical inaccuracies or typographical errors. Information may be changed or updated without
notice. 1st Thinking may also make improvements and/or changes in the products and/or the
programs described in this information at any time without notice.
1st Thinking assumes no responsibility
regarding the accuracy of the information that is provided by 1st Thinking and use of such
information is at the recipient's own risk. 1st Thinking provides no assurances that any
reported problems may be resolved with the use of any information that 1st Thinking provides.
3. Use of Software
Any use of software and accompanying
documentation you download from the Site is subject to the terms of a software
license agreement between you and 1st Thinking. You must read the license
agreement and indicate your agreement to its terms prior to installing or using
the software. All rights, title and interest not expressly granted are reserved.
4. Data privacy and security
You are responsible for maintaining the
confidentiality of any documents or comments provided to 1st Thinking for any purpose including
sales and/or technical support. Any information passed to 1st Thinking will be deemed NOT
to be confidential. By sending 1st Thinking any information or material, you grant 1st Thinking
an unrestricted irrevocable license to use, reproduce, display, perform, modify, transmit and
distribute those materials or information, and you also agree that 1st Thinking is free to use
any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will
not release your name unless we obtain permission from you to do so. Refusing to release your name
will not prohibit 1st Thinking from using any materials without your name.
You are responsible for mainting the
confidentiality of any password(s) you are given to access the Site, and are
fully responsible for all activities that occur under your password(s). You
agree to notify 1st Thinking immediately of any unauthorized use of your
1st Thinking is committed to the protection of personal information we have
collected from you and has taken reasonable steps to prevent unauthorized access
to that information.
Minors are not eligible to use the Site,
and we ask that they do not submit any personal information to us.
5. Termination of Use
You agree that 1st Thinking may, in its
sole discretion, at any time terminate your access to the Site and any
account(s) you may have in connection with the Site. Access to the Site may be
monitored by 1st Thinking.
6. Third Party Web Sites, Content, Products and Services
This Site may provide links to Web sites and
access to content, products and services from third parties, including users,
advertisers, affiliates and sponsors of the Site ("Third Party Content"). 1st Thinking makes no representations
whatsoever about any other Web site which you may access through this one.
When you access a Third Party Content, even one that may contain the 1st Thinking-logo,
please understand that it is independent from 1st Thinking, and that 1st Thinking has no
control over the content on that Web site. In addition, a link to a Third Party Content
does not mean that 1st Thinking endorses or accepts any responsibility for the content,
or the use, of such Web site. You should refer to the policies posted by the Third Party Content
provider regarding privacy an other topics before you use them. You agree that 1st Thinking
is not responsible for Third Party Content accessible through this Site and understand that
you bear all risks associated with the use of such content. You are responsible
for taking any precautions to ensure that whatever you select for your use is free of such
items as viruses, worms, trojan horses and other items of a destructive nature.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE,
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 1ST THINKING EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. 1ST THINKING MAKES NO WARRANTY THAT:
(A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL
BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
1ST THINKING SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS,
INFORMATION OR SOFTWARE.
1ST THINKING RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY
TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL 1ST THINKING BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION
IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold
harmless 1st Thinking, its officers, directors, employees and agents from and
against any and all claims, liabilities, damages, losses or expenses, including
reasonable attorneys' fees and costs, arising out of or in any way connected
with your access to or use of the Site.
1st Thinking is concerned about your privacy and has developed a policy to
11. Applicable Laws
All matters relating to your access to, and
use of, the Site shall be governed by U.S. federal law or the laws of the State
of Maryland. Any legal action or proceeding relating to your access to, or use
of, the Site shall be instituted in a state or federal court in Montgomery
County, Maryland. You and 1st Thinking agree to submit to the jurisdiction of,
and agree that venue is proper in, these courts in any such legal action or
12. Copyright/Trademark Information
Copyright © 2005-2011, 1st Thinking, Inc.. All
All names appearing on the Site may be trademarks of 1st Thinking, Inc or
their respective owners.