Privacy Policy

Terms of Service

The terms and conditions described herein (the “Terms of Service”) constitute a legal agreement between you and Thinking Maps. The Terms of Service govern access to and use of the domain http://www.ThinkingMaps.Com as well as any other of Thinking Maps’s websites, products, services, and content thereon (collectively, the “TM Site”). IF THE TERMS OF SERVICE ARE NOT ACCEPTED BY YOU IN FULL, OR IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE, YOU MUST IMMEDIATELY CEASE ALL ACCESS AND USE OF THE TM SITE.

These Terms of Service are effective as of June 1, 2014.

Definitions.

“Content” – Any and all text, images, photos, audio, video, and all other forms of data or communication contained on or generated by use of the TM Site.
“Feedback” – Any and all ideas, suggestions, documents, or proposals submitted to Thinking Maps for purposes of improving the TM Site.
“Financial Information” – Any information required in order for a User to pay for access or use of the TM Site or to submit payments for purchases through the TM Site, including but not necessarily limited to credit card information and billing address.
“Thinking Maps” – Thinking Maps shall refer to Thinking Maps, Inc., a corporation organized under the laws of North Carolina, as well as to its current or future parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, members, employees, agents, and representatives of each.
“Thinking Maps Content” – Content created and made available on the TM Site by Thinking Maps or its representatives.
“TM Site” – Shall refer to the website available at the domain name http://www.ThinkingMaps.Com as well as any other of Thinking Maps’s websites, products, services and content thereon.
“Third-Party” – Collectively refers to all parties other than Thinking Maps and its Users.
“Third-Party Content” – Content made available on the TM Site by parties other than Thinking Maps or Users, including but not necessarily limited to data submitted by advertisers.
“User” – Anyone who accesses, browses or in any way uses the TM Site, including but not limited to Users with valid User Profiles. As used in these Terms of Service, the terms “you” and “your” refer to you and/or the business entity or organization that you represent as a User of the TM Site.
“User Content” – Any and all content submitted by a User through the TM Site, excluding information requested by TM for creating a User Profile that is not displayed in connection with that User Profile.
“User Profile” – Profile and account created by or for a User for the purpose of accessing certain features of the TM Site.

General.

By accessing and using the TM Site, you acknowledge that you have read and understand the Terms of Service and you accept and agree to be bound by the terms and conditions of the Terms of Service.
The Terms of Service may be updated by Thinking Maps from time to time without notice. You can review the most current version of the Terms of Service at any time by revisiting this page. You should revisit the Terms of Service on a regular basis as revised versions are binding on you. Thinking Maps may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the TM Site.
You understand and agree that your continued access to or use of the TM Site after any modification to the Terms of Service indicates your acceptance of the modification.
Thinking Maps may offer other services that are governed by additional or different terms.
Subject to the terms and conditions of these Terms of Service, Thinking Maps hereby grants to you a limited, revocable, non-transferable and non-exclusive license to access and use the TM Site by displaying it on your internet browser. Any breach of these Terms of Service shall result in Thinking Maps’s immediate revocation of the license granted in this paragraph without specific notice to you.
If you are an educational institution and/or agent of an educational institution, you agree that use of the TM Site is subject to compliance with the Children’s Online Privacy Protection Act (COPPA) pertaining to collection, use, and disclosure of personal information for children under the age of 13 and the Family Educational Rights and Privacy Act (FERPA) pertaining to parental rights with respect to educational institution’s use of children’s educational records, and hereby agree to comply with those legal obligations.
If you or your organization is a User of the TM Site and/or purchases products or services offered on the TM Site, and you or your organization promotes, requires, enables, or otherwise directs children under the age of 13 to become Users of the TM Site, you are responsible for notifying the parents of such children of such activity, and you agree that you and/or your organization are the agent for the parents of such children and have the authority to provide parental consent for children to use the TM Site and for the collection, use, and disclosure of personal information by Thinking Maps pursuant to the Privacy Policy, and hereby do provide verifiable parental consent for such children’s use of the TM Site and for collection, use, and disclosure of personal information from such children by Thinking Maps pursuant to the Privacy Policy.

Eligibility.

You represent, warrant, and covenant that you (a) are of legal age and are under no impairment or infirmity which would render you incompetent to form a binding contract and/or have parental consent to access and use the TM Site; (b) have full and complete authority to enter into and consummate the Terms of Service and access and use the TM Site without breaching any agreement made with any other person or entity, violating any rights of any other person or entity, or violating any laws of the United States or other applicable jurisdiction; (c) will only use the TM Site in a lawful manner; (d) have not been suspended by Thinking Maps or removed from the TM Site; (e) are not a direct competitor of Thinking Maps; and (f) will not have more than one User Profile at any given time, unless authorized by Thinking Maps.

Translations.

Thinking Maps may translate the Terms of Service into languages other than English for your convenience. However, the English version governs your relationship with Thinking Maps and any inconsistencies in the translations will be resolved in favor of the English version.

TM Site Material.

The TM Site may contain Content that you find offensive, indecent, inaccurate, or otherwise objectionable. Thinking Maps does not endorse such Content and cannot vouch for the accuracy of Content on the TM Site. Consequently, you access and use the TM Site at your own risk.
Thinking Maps may display advertisements and other information adjacent to or included with your Content or otherwise on the TM Site. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of displaying such advertisements are subject to change without specific notice.

User Profile, Termination, and Survival.

You must create a User Profile and provide information about yourself in order to use some of the features of the TM Site. User Profiles are for your own personal or organizational use only. You may not impersonate someone else, create an account for anyone other than yourself, provide any false information or create multiple User Profiles without express permission from Thinking Maps. You will be responsible for all activities that occur with your User Profile.
User Profiles may require a password. You will be responsible for the maintenance and confidentiality of your password. You agree to notify Thinking Maps immediately of any unauthorized use of your User Profile.
Financial Information associated with a User Profile will be treated in accordance with the Thinking Maps Privacy Policy.
Thinking Maps reserves the right to terminate your User Profile or terminate the Terms of Service at any time for any or no reason and without advance notice. If your User Profile is terminated for a violation of these Terms of Service, you will not be entitled to any refund for fees paid prior to termination.
All sections or provisions of the Terms of Service regarding payment (for unpaid and owed payment obligations), licenses, waivers, releases, representations and warranties, limitations of liability, indemnification, and others which by their nature are intended to survive, shall apply notwithstanding any other sections or provisions of the Terms of Service, and all such sections and provisions shall survive termination, cancelation, or expiration of the Terms of Service.

Site Functionality; Product Offers and Purchasing.

You must have a valid User Profile to purchase and/or use certain products or services at the TM Site.
You are responsible for products or services purchased under your User Profile.
Certain products or services on the TM Site may be offered on a subscription basis. Prices and availability of products and services offered on the TM Site are subject to change without notice, and the purchase of products and services offered on the TM Site are subject to any terms associated with the purchase of such products or services, in addition to these Terms of Service. Thinking Maps reserves the right to revoke or amend any stated offer at any time, including after an order has been submitted and whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Thinking Maps will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Restrictions on Use. You represent and warrant that you will not engage in the following behavior or assist others in doing so:

upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
use the TM Site to promote bigotry or discrimination against protected classes;
use the TM Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User's use of the TM Site;
use the TM Site to solicit personal information from minors or to harm or threaten to cause harm to minors in any way;
impersonate any person or entity, including, but not limited to, an employee or representative of Thinking Maps, or falsely state or otherwise misrepresent your affiliation with a person or entity;
collect or store information about other Users without their informed consent;
forge headers or otherwise manipulate identifiers in order to disguise the User’s origin;
access, retrieve, or index the TM Site for purposes of constructing or populating a searchable database, including but not limited to a searchable database of products offered, except as expressly authorized by Thinking Maps;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, contests, surveys, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of mass messaging solicitation;
use the TM Site for promotional or commercial purposes, except as expressly allowed in writing by Thinking Maps;
use the TM Site for keyword spamming or to otherwise attempt to manipulate natural search results;
upload, post, email, transmit, or otherwise make available any Content that violates any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any party;
upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use the TM Site in violation of these Terms of Service or any applicable law;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the TM Site or its Content (other than your User Content), except as expressly authorized by Thinking Maps;
reverse engineer any portion of the TM Site;
remove or modify any patent, trademark, copyright, or other proprietary rights notice on the TM Site or on any materials printed or reproduced from the TM Site;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the TM Site, except as expressly authorized by Thinking Maps;
offer any contest, giveaway, or sweepstakes on the TM Site without Thinking Maps’s prior written consent; or
facilitate or encourage any violations of these Terms of Service.

Privacy.

The Privacy Policy for the TM Site is fully incorporated herein by reference. The Privacy Policy describes, among other things, (a) how Thinking Maps handles your User information and (b) advertising on the TM Site.

User Content.

You represent that you own, or have the necessary permissions to use, and authorize the use of, your User Content as described herein.
User Content is not in any way sponsored or endorsed by Thinking Maps. Consequently, you may not post any User Content that states or implies such a sponsorship or endorsement.
Subject to the terms of the incorporated Privacy Policy, you represent and warrant that:
1. Thinking Maps may use User Content in a number of different ways, including displaying it on the TM Site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms;
2. you hereby irrevocably grant to Thinking Maps permission to use your User Content for any purpose, and you grant to Thinking Maps a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, copyright, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit your User Content;
3. you unconditionally waive any and all moral rights and non-assignable rights relating to your User Content, including regarding attribution or identification of authorship, integrity, reversion, approval, consent, restriction or limitation on use or subsequent modifications, operation, maintenance, alteration, disassembly, distortion, mutilation, removal, or destruction, including any claims or liability relating to the foregoing.
You are solely responsible for and assume all risks associated with any Content that you contribute or that is contributed under your User Profile to the TM Site. As part of this responsibility, you assume all risks associated with any third-party’s reliance on your submitted Content’s accuracy completeness, or usefulness. Further, you assume all risks associated with Content that you submit which may make you personally identifiable to third-parties.
You may expose yourself to liability if your submitted User Content or Content submitted under your User Profile (1) violates any third-party right, including any patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) contains material that is false, intentionally misleading, or defamatory; (3) contains material that is unlawful, including illegal hate speech or pornography; (4) exploits or otherwise harms minors; or (5) violates or advocates the violation of any law or regulation.
Thinking Maps may remove or reinstate User Content from time to time at its sole discretion. Thinking Maps is under no obligation to retain your User Content or to provide you with copies of your User Content.
Thinking Maps does not guarantee User confidentiality with respect to User Content.
When you delete your User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that such content may persist in backup copies for a reasonable period of time (but will not be available to others).

Thinking Maps Content.

All Thinking Maps Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products and software, is the sole property of Thinking Maps.
Thinking Maps also owns or has rights to use the patent, trademark, trade secret, copyright, and other intellectual property or proprietary rights throughout the world associated with Thinking Maps Content and the TM Site. These rights are protected by applicable intellectual and proprietary laws. Consequently, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the Thinking Maps Content except as expressly authorized by Thinking Maps.
Except as expressly and unambiguously provided herein, Thinking Maps does not grant you any express or implied rights, and all rights in and to the TM Site and the Thinking Maps Content are retained by Thinking Maps.
Thinking Maps® is a proprietary trademark of Thinking Maps.

Third-Party Content.

The TM Site may include links to other websites. If you decide to access linked Third-Party websites, you do so at your own risk.
The TM Site may include products and/or services offered by Third-Parties. All Third-Party products and/or services must be ordered directly from such Third-Parties or their representatives and all licenses and warranties relating to such Third-Party products and/or services, if any, are between you and such Third-Party. Thinking Maps is not responsible for the contents of any Third-Party products and/or services and makes no representations or warranties, express or implied, regarding the content or accuracy of materials, data, or workmanship contained in any such products and/or services.

Intellectual Property Infringement Policy

Thinking Maps takes intellectual property matters seriously. If you believe that your copyrighted material has been copied in a way that constitutes infringement or that your intellectual property rights have been violated in any other way, please notify Thinking Maps’s agent (at the contact information below) for notice of claims of intellectual property infringement (“Thinking Maps’s Agent”).
Due to security concerns, Thinking Maps cannot accept email attachments. Consequently, if you submit material via email, please include all information in the body of the email and not as an attachment.
When contacting Thinking Maps’s Agent, please provide a written submission that includes all of the following information (the “Notice”):
1. An identification of the copyrighted work (or other intellectual property) that you claim is being infringed, or, if you believe multiple works are being infringed, a representative list of such works;
2. a description of where the material at issue can be found at the TM Site (if possible, please provide a specific URL);
3. your physical mailing address, telephone number and email address;
4. a statement by you that you have a good faith belief that the use of the disputed copyrighted work (or other intellectual property) is not authorized by the owner, its agent, or the law;
5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. your physical or electronic signature.
Thinking Maps will remove any infringing material subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

TM Site Availability.

Thinking Maps reserves the right to modify, update, or discontinue the TM Site at its sole discretion, at any time, for any or no reason, and without notice or liability.

Additional Terms.

Certain sections or pages on the TM Site, or certain features or services provided thereon, may contain separate terms and conditions, which are in addition to these Terms of Service. In the event of conflicting provisions, the additional terms and conditions will govern.
If your account utilizes Google for Single Sign-In, Google's User Data Policy will govern the terms and conditions for which your data is used. Please note that none of your data is stored outside of the active client session. The application will utilize your account information for security purposes only.
If your account utilizes Google Classroom, Google's User Data Policy will govern the terms and conditions for which your data is used. Please note that none of your data is stored outside of the active client session. That is to say, no Google specific data is stored within TMLC, and is requested from Google as needed. The application will utilize your account information to provide the information listed below.
- Allow Teachers to create assignments with links to TMLC for Students
- Allow Students to click Teacher links to receive assignments in TMLC
- Show Classes list as part of allowing Teachers to create Assignments in TMLC
- Access assignment list to provide a view within TMLC of specific assignments and identify them as Google Classroom (via tag)
- Control access to TMLC assignments based on Google Classroom settings (Due Date, Submitted, etc.)
TMLC's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Unauthorized Access.

Thinking Maps reserves the right to exercise whatever lawful means Thinking Maps deems necessary to prevent unauthorized access to or use of the TM Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider regarding such unauthorized use.

Feedback.

If you would like to send Feedback to Thinking Maps, you may do so. By sending Feedback to Thinking Maps, you (1) submit and warrant that your Feedback does not contain information that is subject to a confidentiality agreement or the property of a third party and (2) grant to Thinking Maps a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, copyright, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit the Feedback. Thinking Maps is under no obligation of confidentiality, express or implied, with respect to the Feedback.

Use Outside of the United States.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export Content to countries or persons prohibited under the export control laws. By accessing and/or downloading any Content, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any controlled products or information.

Warranties, Disclaimers, Limitations of Liability and Indemnification.

Your use of the TM Site and its Content is at your own discretion and risk, including downloading, viewing, or otherwise obtaining any Content. You will be solely responsible for any loss or damage resulting from your access or use of the TM Site and/or its Content, including but not limited to any damage to your computer or device, loss of data, from viruses, or other harm. The TM Site, including all Content, is made available to you on an “as is” and “as available” basis. You acknowledge and agree that Thinking Maps is not responsible for any third party action or inaction that affects your use of the TM Site.
Thinking Maps makes no warranties, representations, or conditions of any kind, including as to (1) the functionality of the TM Site or its Content, including whether the TM Site or its Content will be uninterrupted, timely, secure, or error-free, or whether any errors will be corrected, (2) whether the TM Site or its Content will meet your requirements or expectations, (3) the accuracy, reliability, integrity, quality, legality, usefulness, or safety of the TM Site or its Content, including but not limited to the products and services offered on the TM Site, or (4) the products and services associated with the TM Site or its Content.
Thinking Maps specifically disclaims to the extent allowed under applicable law any and all warranties, whether express, statutory, implied, or other, including, but not limited to, any warranties of fitness for a particular purpose, merchantability, merchantable quality, durability, accuracy or quality of informational content, quiet enjoyment, title, noninfringement, validity, exclusivity, condition, quality, durability, sustainability, arising from a course of dealing, a course of performance, or usage of trade, or under any enactment of the Uniform Computer Information Transactions Act, and oral or written representations, proposals or statements made on or prior to the effective date of these Terms of Service. To the extent any such warranty may not be disclaimed, any such warranty is hereby limited to the minimum duration and extent allowed under applicable law.
Information or advice obtained from the TM Site shall not create any warranty, representation, condition, or obligation not expressly stated in the Terms of Service.
Thinking Maps disclaims all liability, and you expressly understand and agree that Thinking Maps is not liable, for (1) direct, indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (2) loss of profits, (3) business interruption, (4) loss of or damage to reputation or goodwill, (5) loss of information or data, or (6) other loss or damage arising out of your use of the TM Site or its Content, even if Thinking Maps has been advised of the possibility of such liability or damages. You will be solely responsible for any loss or damage resulting from your use of the TM Site and/or its Content, including but not limited to any loss of data or damage to your computer or other device from viruses that may be downloaded to such devices in the course of using the TM Site.
Thinking Maps disclaims all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, or other Users on the TM Site.
Your sole and exclusive right and remedy in case of dissatisfaction with the TM Site or any other complaint or grievance shall be your termination and discontinuation of use of the TM Site. Regardless of cause or theory of recovery, whether in contract, tort or otherwise, in no event shall Thinking Maps’s liability under the Terms of Service exceed the total amount that you have paid to Thinking Maps within the twelve (12) month period preceding the date that the claim first arose. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access or use of the TM Site or its Content must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You will, at your cost and sole expense, defend, indemnify, and hold free and harmless Thinking Maps, its officers, directors, shareholders, employees, agents, affiliate corporations, successors, and assigns from all liability, losses, costs, expenses, judgments, and damages (including all reasonable attorneys’ fees, costs, and expenses, including court or arbitral costs) incurred by any of them in connection with, as a result of, or arising from any third party claim, action, or suit (including assertion of the foregoing or settlement thereof) either actually or allegedly arising from (a) your failure to comply with applicable laws and regulations, including violation of any intellectual property or other rights of any third party by you or anyone using your User Profile, (b) your violation of the Terms of Service, (c) bodily injury (including death) or damage to property arising from the negligent, fraudulent, or intentional acts or omissions of you, or (d) your access or use of the TM Site or its Content. You may not settle any claims giving rise to an indemnification obligation hereunder where such settlement imposes a monetary obligation that is not covered by the indemnification, imposes any material, non-monetary obligation, or that admits any liability on the part of Thinking Maps and which does not include an unconditional release of Thinking Maps without the prior written consent of Thinking Maps. Thinking Maps reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Thinking Maps and you agree to cooperate with Thinking Maps’s defense of these claims.

Miscellaneous.

Nothing in the Terms of Service will create or imply an employment or agency relationship between you and Thinking Maps, nor will the Terms of Service be deemed to constitute a joint venture or partnership between you and Thinking Maps. You do not have any authority of any kind to bind Thinking Maps in any respect whatsoever. These Terms of Service are solely between you and Thinking Maps and shall not inure to the benefit of others.

You consent to having your personal data transferred to and processed in the United States or internationally.
Thinking Maps makes no claims that the Content on the TM Site is appropriate or may be downloaded outside of the United States.
You may not assign or transfer the Terms of Service or duties or obligations hereunder, in whole or in part, without the prior written consent of Thinking Maps. Thinking Maps may freely assign or transfer the Terms of Service or its duties and rights hereunder, and all terms and conditions of these Terms of Service will inure to the benefit of and be enforceable by such successors, assigns, subsidiaries, purchasers, or transferees.
These Terms of Service will be solely governed by and construed in accordance with the laws of the State of North Carolina and the United States.
Any dispute arising out of, connected with or relating to these Terms of Service or any related agreement shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, disputes as to whether a matter is subject to arbitration, claims brought as class actions, or claims arising out of or connected with the transaction reflected by this document. Notwithstanding the arbitration provisions set forth herein, the parties reserve the right to seek an injunction or other equitable relief from a court with applicable authority. Arbitration shall be conducted under and governed by the pertinent rules of the American Arbitration Association (the "AAA"). All arbitration hearings shall be conducted in North Carolina. The expedited procedures of the AAA shall be applicable to all claims. All applicable statutes of limitation shall apply to a Dispute. A judgment upon the award may be entered in any court having jurisdiction and any decision rendered by the arbitrator shall be final and binding on the parties. The single arbitrator selected for expedited procedure shall be a licensed attorney.
If any court proceeding is necessary to enforce the terms or conditions of the Terms of Service, such disputes shall be exclusively subject to jurisdiction and resolution in the state or federal courts located in North Carolina, without regard to conflict of laws under any jurisdiction, and you and Thinking Maps agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in North Carolina in event of any such dispute. You agree that your access and use of the TM Site and its Content occurs solely within North Carolina, USA, regardless of where your computer, browser, or device is physically located, and that the TM Site and its Content are located in, served from, and performed wholly within North Carolina, USA.
If any legal proceeding is necessary to enforce the terms or conditions of the Terms of Service, the prevailing party will be entitled to reasonable attorneys’ fees and costs.
If any provision, or portion thereof, of the Terms of Service is unenforceable, prohibited, or invalid under, or contrary to, any applicable statute or rule of law, it will be modified to the least extent necessary to make it enforceable, such unenforceability shall not affect any other provision of the Terms of Service, and the remaining Terms of Service will remain in full force and effect. Further, such invalidity, prohibition, or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Waiver of any breach will not be construed to be a waiver of any other breach. All waivers must be in writing, and signed by the party waiving its rights.
The headings for the sections herein are inserted for convenience of reference and are not intended to be a part of or to affect the meaning or interpretation of the Terms of Service.
The Terms of Service including the documents incorporated herein by reference constitutes the entire agreement between you and Thinking Maps with respect to its subject matter, governs your access and use of the TM Site and its Content, and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter. You acknowledge that you have not been induced to enter into these Terms of Service by any representations or promises not specifically stated herein. Neither you nor Thinking Maps shall be considered the drafter of these Terms of Service, or any provisions of these Terms of Service, for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter. You also may be subject to additional terms and conditions that may apply when you access, use, or purchase certain other products or services. You agree that the Terms of Service constitutes a set form in writing, whether or not you choose to print the Terms of Service, including the terms and conditions as described herein.

If you have any questions or concerns regarding these Terms of Service, you may contact Thinking Maps. Please report any violations of the Terms of Service to Thinking Maps.

Legal Dept.

Thinking Maps, Inc.

401 Cascade Point Lane

Cary, North Carolina 27513

TMLegal@ThinkingMaps.com

(end Terms of Service)

Privacy Policy

The policy described herein (the “Privacy Policy”) describes how Thinking Maps treats information that it collects and receives through its websites, products, services, and content thereon (collectively, the “TM Site”). IF THE PRIVACY POLICY IS NOT ACCEPTED BY YOU IN FULL, OR IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE ALL ACCESS AND USE OF THE TM SITE.

[SECTION 3 OF THIS PRIVACY POLICY PERTAINS TO

PRACTICES REGARDING CHILDREN’S INFORMATION.]

This Privacy Policy is effective as of June 1, 2023.

Definitions.

“Content” – Any and all text, images, photos, audio, video, and all other forms of data or communication contained on or generated by use of the TM Site.
“Feedback” – Any and all ideas, suggestions, documents, or proposals submitted to Thinking Maps for purposes of improving the TM Site.
“Financial Information” – Any information required in order for a User to pay for access or use of the TM Site or to submit payments for purchases through the TM Site, including but not necessarily limited to credit card information and billing address.
“Personal Information” – Any and all information about a User that makes the User personally identifiable, including name, address, email address, and phone number.
“Thinking Maps” – Thinking Maps shall refer to Thinking Maps, Inc., a corporation organized under the laws of North Carolina, as well as to its current or future parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, members, employees, agents, and representatives of each.
“TM Site” – Shall refer to the website available at the domain name http://www.ThinkingMaps.Com as well as any other of Thinking Maps’s websites, products, services, and content thereon.
“Third-Party” – Collectively refers to all parties other than Thinking Maps and its Users.
“Third-Party Content” – Content made available on the TM Site by parties other than Thinking Maps or Users, including but not necessarily limited to data submitted by advertisers.
“User” – Anyone who accesses, browses or in any way uses the TM Site, including but not limited to Users with valid User Profiles. As used in the Privacy Policy, the terms “you” and “your” refer to you and/or the business entity or organization that you represent as a User of the TM Site.
“User Profile” – Profile and account created by or for a User for the purpose of accessing certain features of the TM Site.

General.

By accessing and using the TM Site, you acknowledge that you have read and understand the Privacy Policy and that you accept and agree to be bound by the terms and conditions of the Privacy Policy.
The Privacy Policy may be updated by Thinking Maps from time to time without notice. You can review the most current version of the Privacy Policy by revisiting this page. You should revisit the Privacy Policy on a regular basis as revised versions are binding on you. Thinking Maps may provide you with notices, including those regarding changes to the Privacy Policy, by email, regular mail, or postings on the TM Site.
You understand and agree that your continued access to or use of the TM Site after any modification to the Privacy Policy indicates your acceptance of the modification.
This Privacy Policy does not apply to the practices of Third-Parties, including the owners of advertisements on the TM Site or to parties other than Users of the TM Site. If you select a link to be taken to the website of a Third-Party, Thinking Maps encourages you to review the separate privacy policies and terms of use/service for each site that you visit.
Thinking Maps is not responsible for Third-Party acts or omissions, including the practices of any Third-Party websites or the nature of Third-Party Content, including advertisements that may be placed on the TM Site.

Policy regarding use of the TM Site by minors/children.

Some access and use of the TM Site may be limited with regard to children and not directed to people under the age of 13, and Thinking Maps does not knowingly collect any personal information from people under the age of 13 for such access and use. For access and use of the TM Site where collection of personal information from children is intended, including creation of a User Profile, such collection of personal information of children is subject to further measures to protect privacy, including agreement by the contracting organization that it has and provides verifiable parental consent for Thinking Maps to collect, use, and disclose personal information from such children, limiting collection of personal information of children to no more than is reasonably necessary, and enabling parents to review and request revision or deletion of personal information collected on their children, and if such information is not aggregated or anonymized, how that personal information may be used or disclosed.
Thinking Maps collects personal information as noted for creating User Profiles of the children and uses that information to enable use of the TM Site, to confirm associated organizations, for internal purposes, and for data aggregation and anonymization. Parents may allow collection and use of personal information without allowing disclosure of personal information to third parties not for internal purposes. However, generally Thinking Maps does not (i) disclose personal information except to third parties for internal purposes (and subject to agreement to maintain confidentiality) or as legally required (though some Users may publicly disclose their own personal information on the TM Site), (ii) disclose personal information of children publicly on the TM Site, and (iii) provide advertising directed toward children on the TM Site. Generally, Thinking Maps may aggregate or anonymize such information so that it no longer reasonably identifies individuals and is no longer personal information, and use or share such aggregated or anonymized information to enable the production and enhancement of products and services.
If you would like to review personal information that Thinking Maps has collected on your child, to withdraw consent to further collection, use, and/or disclosure of that information, or to revise and/or delete such personal information, please contact Thinking Maps (at the contact information below).
If Thinking Maps discovers that it has collected personal information from a child inconsistent with legal requirements, Thinking Maps will either delete the personal information or promptly seek parental consent for that collection.

Translations.

Thinking Maps may translate the Privacy Policy into languages other than English for your convenience. However, the English version governs your relationship with Thinking Maps and any inconsistencies in the translations will be resolved in favor of the English version.

User Profiles.

In order to access and use certain features of the TM Site, including but not limited to the ability to purchase products or services on the TM Site, you must create a valid User Profile. Information that Thinking Maps may collect when you create or update a User Profile includes, but is not limited to:
1. First and last name and/or organization name
2. Physical address
3. Email address
4. Phone number, including area code
5. Certain additional information that Thinking Maps may find relevant.
Once you have created a valid User Profile, you will be able to purchase or generate products through the TM Site. In order to purchase, you will need to submit certain Financial Information, which may be stored in association with your User Profile.
Certain information provided relative to a User Profile may be corrected or updated via your User Profile or via a contracting organization.
User Profiles may have a unique username and a password to use in accessing such User Profiles.
Even after you remove information from your User Profile or delete your User Profile, copies of your information may remain viewable elsewhere to the extent it has been shared with others, posted publicly, or copied or stored by other Users, and may remain in the possession of Thinking Maps.
Note that, by default, all data for site licenses will be deleted within 60 days of the expiration date of the license.
If you would like to permanently delete your data prior to the period noted in #6, please email support@thinkingmaps.com with your request. Once your account is removed you will no longer be able to log into the site and all data collection for this account will cease.

Submitting content on the TM Site.

You may contribute content that is available to Users of the TM Site in a number of ways, including but not limited to your User Profile and posting Content (collectively hereinafter referred to as “Public Content”).
Public Content submitted by Users may be accompanied by the User’s username and may be available to any other Users of the TM Site.
Thinking Maps is not responsible for the information you choose to make public, and your contributions may remain on the TM Site, even if you delete your User Profile. Please note that if you include sensitive information (including but not necessarily limited to Personal Information and/or Financial Information) in Public Content, it will be available to others.
When you post Public Content on the TM Site, information contained in your User Profile, including Personal Information, may be accessible to others.
Users may flag any User submitted material that they believe is inappropriate to Thinking Maps by submitting Feedback or otherwise contacting Thinking Maps. Thinking Maps may, in its sole discretion, decide to display, modify, or delete this material. Views expressed in User submitted material do not reflect the views of Thinking Maps.
You understand that information that you submit to the TM Site might be re-shared or copied by other Users.
Thinking Maps does not claim ownership of User submitted Public Content. However, to enable Thinking Maps to use and display Public Content, you grant Thinking Maps a transferable, sublicenceable, irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and license to commercially and publicly use, display, publish, perform, reproduce, copy, distribute, transmit, alter, make derivatives of, transfer, license, market, sell, and otherwise exploit any of your submitted Public Content.

Information received by Thinking Maps and how Thinking Maps uses that information.

Thinking Maps may use information that you provide for routine administrative purposes, including but not limited to investigating abuses on the TM Site, responding to inquiries, and enforcing and applying the Terms of Service.
Thinking Maps may keep track of some of the actions you take on the TM Site, such as adding or revising profile information.
When you access the TM Site from a computer, mobile phone, or other device, Thinking Maps may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.
Thinking Maps may share aggregated information with Third-Parties to help improve or promote the TM Site. No Personal Information is revealed in this aggregated information.
Removed and deleted information may or may not persist in backup copies for up to 90 days or longer, but such backup copies will not be available to others.
Thinking Maps may disclose information about you, including Personal Information and Financial Information, in response to requests from law enforcement officials in connection with their official duties (for example, criminal investigations, subpoenas, court orders, etc.) or if Thinking Maps is otherwise required to disclose such information by law. Thinking Maps also will release information where disclosure is necessary to protect its legal rights, to enforce the Terms of Service or other agreements, or to protect Thinking Maps or others from fraud.
Financial Information submitted may be stored by Thinking Maps and may be provided to financial-services corporations such as credit-card processors and issuers in order to collect and process payments.
Administrators of the TM Site and/or companies hired by Thinking Maps to perform technical/customer support may have access to information stored by Thinking Maps, including but not limited to Personal Information and/or Financial Information. Thinking Maps will make reasonable efforts to protect the confidentiality of Personal Information, including access, use, or disclosure by such individuals or companies.
Thinking Maps reserves the right to send certain communications relating to Thinking Maps or the TM Site to the email address associated with your User Profile. You may opt out of all communications except updates essential to your User Profile. Thinking Maps may include content you see on the TM Site in emails that it sends to you.

Cookies, web beacons and clear GIFs.

Like many sites, the TM Site may employ cookies and web beacons (also known as clear GIF technology or “action tags”) to speed your navigation of the TM Site, recognize Users, and track your usage of the TM Site. Cookies are small pieces of alphanumeric information that are stored as text files by your Internet browser on your computer’s hard drive. Web beacons assist in delivering cookies and help Thinking Maps determine whether a web page on the TM Site has been viewed and, if so, how many times.
Cookies controlled by Thinking Maps are not “spyware” and cannot infiltrate a User’s hard drive to access a User’s confidential information.
Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from websites or to remove cookies from your hard drive, but if you do, you may not be able to access or use certain portions of the TM Site.
During some visits, Thinking Maps may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

Information storage and security.

Thinking Maps has physical, electronic, and procedural safeguards that comply with federal regulations and industry standards to protect Users’ information.
Thinking Maps may use automated and social measures to enhance security, such as analyzing account behavior for fraudulent or otherwise anomalous behavior.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. As a result, while Thinking Maps strives to use all reasonable methods to protect your information, it cannot provide a guarantee with regard to its absolute security. Thinking Maps cannot control the actions of other Users with whom you share your information. Thinking Maps cannot guarantee that only authorized persons will view your information. Thinking Maps cannot ensure that information you share on the TM Site will not become publicly available. Thinking Maps is not responsible for third-party circumvention of any privacy settings or security measures on the TM Site. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
You should report any security violations to Thinking Maps.