Terms of Service.

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Think Smart Group Inc. concerning your access to and use of the Site. You represent that you have the legal capacity to accept these Terms. If any provision is found to be unlawful or unenforceable, the remaining provisions remain in full effect.

The Site is an informational website describing Think Smart’s managed cloud hosting for OfficeMate and ExamWRITER and our related services. These Terms govern your use of the website only. Any provision of hosting or other services to a customer is the subject of a separate written commercial agreement between Think Smart Group Inc. and that customer; nothing on this website forms part of, or varies, such an agreement.

The information on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or would subject us to any registration requirement within that jurisdiction. Those who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

We are the owner or licensee of all intellectual property rights in the Site, including its source code, databases, functionality, software, website designs, text, and graphics (the “Content”), as well as the trademarks, service marks and logos contained on it (the “Marks”). The Content and Marks are protected by law and are provided on the Site “as is” for your information and personal or internal business use only.

Except as set out in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, republished, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.

OfficeMate and ExamWRITER are registered trademarks of Eyefinity, Inc. References to them on the Site are for identification only and do not imply any endorsement.

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms; (2) you are not under the age of 18; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise, except as expressly permitted; (4) you will not use the Site for any illegal or unauthorised purpose; and (5) your use of the Site will not violate any applicable law or regulation.

You may not access or use the Site for any purpose other than that for which we make it available. In particular, you agree not to:

• systematically retrieve data or other content from the Site to compile a database or directory without our written permission;
• circumvent, disable or otherwise interfere with security-related features of the Site;
• use the Site to defraud or mislead us or others, or attempt to impersonate another user or person;
• use any information obtained from the Site to harass, abuse or harm another person;
• upload or transmit viruses, malware or other material that interferes with the use and operation of the Site;
• engage in any automated use of the system, such as using scripts to send comments or messages, or using data-mining, robots or similar tools;
• decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; or
• use the Site in a manner that competes with us or otherwise to our commercial disadvantage.

If you send us any questions, comments, feedback, suggestions or other information about the Site or our services (“Submissions”), you agree that we may use and share them for any lawful purpose without any obligation or compensation to you. You retain ownership of your Submissions, and you represent that they are your own and do not infringe any third-party rights.

The Site may contain links to third-party websites. We do not investigate, monitor or check such websites or their content for accuracy or completeness, and we are not responsible for them. Including a link does not imply our endorsement. If you access a third-party website from the Site, you do so at your own risk and subject to that site’s own terms.

We reserve the right, but are not obligated, to monitor the Site for violations of these Terms, to take appropriate legal action against anyone who violates them, and to manage the Site in a manner designed to protect our rights and property and to facilitate its proper functioning.

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by it. The Site is hosted in the United States, and your information is processed there.

These Terms remain in full force and effect while you use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to the Site to any person for any reason, including for breach of these Terms or of any applicable law.

We reserve the right to change, modify or remove the contents of the Site at any time, and to modify or discontinue all or part of the Site, without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site. We cannot guarantee the Site will be available at all times, and we are not liable for any interruption or downtime.

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. The Terms are deemed to have been made and performed within the State of California.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Sacramento, California, and you consent to the jurisdiction of those courts. You agree that any cause of action you may have arising out of or relating to the Site must be commenced within one (1) year after the cause of action arises, otherwise it is permanently barred.

There may be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

The Site is provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of it, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties about the accuracy or completeness of the Site’s content and assume no liability for any errors or omissions, or for the content of any third-party websites linked from it.

To the fullest extent permitted by law, in no event will we or our directors, employees or agents be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Our aggregate liability to you for any matter arising out of or relating to the Site is limited to the amount, if any, you paid to us in connection with the Site. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and our respective officers, agents and employees, from and against any loss, damage, liability, claim or demand, including reasonable legal fees, arising out of your use of the Site, your breach of these Terms, or your violation of the rights of a third party.

Visiting the Site, contacting us by email and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that they be in writing. You waive any rights requiring an original non-electronic signature or the delivery of non-electronic records.

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

These Terms and any policies or operating rules we post constitute the entire agreement between you and us regarding the Site. Our failure to exercise or enforce any right or provision is not a waiver of that right or provision. If any provision is determined to be unlawful, void or unenforceable, that provision is severable and does not affect the validity of the remaining provisions. Nothing in these Terms creates any joint venture, partnership, employment or agency relationship between you and us.

To resolve a complaint regarding the Site, to send a legal notice, or to receive further information about its use, please contact us at info@thinksmartinc.com, by telephone at (916) 851-0836, or by post at:

Think Smart Group Inc.
11190 Sun Center Drive, Suite 200
Rancho Cordova, CA 95670
United States