TERMS AND CONDITIONS
Terms, Conditions and Notices as of December 1, 2011
Rethink inc, is a DBA of SHEETS by Design, Inc., incorporated in the state of Missouri ("Rethink inc" or "Company") provides its Website, www.rethinkincNOW.com (the "Website"), and its related products and services to you subject to the following notices, terms and conditions ("Terms of Use"). Please read these Terms of Use carefully BEFORE using the Website and/or subscribing to Rethink inc's service or using any other online services offered by Rethink inc.
Your initial and continued access and/or use of this Website SIGNIFIES YOUR ACCEPTANCE TO ALL OF THESE TERMS OF USE. If at any time you do not wish to continue to accept these Terms of Use, you may choose not to use the Website. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Rethink inc and shall be of no force or effect.
Any rights not expressly granted herein are reserved by Rethink inc.
AFFILIATE RELATIONSHIPS
Rethink inc may from time to time enter into affiliate relationships with third-party providers of products and services whereby the Company may earn revenue from third parties by making recommendations to users of the Website for products and services provided by other companies. You acknowledge that Rethink inc shall be making these recommendations solely for informational purposes, and the Company shall have no liability whatsoever related to your decision to use, or not to use, any of these recommended products or services.
APPLICABLE LAW
This site is created and controlled by Rethink inc in the State of Missouri, USA. As such, the laws of the State of Missouri will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws.
CANCELLATION AND RETURN / REFUND POLICY
You can discontinue your service with Rethink inc at any time by logging on to your Rethink inc account and canceling the service online. There is no fee to cancel your subscription. Upon cancellation, you will have no access to your account until, all uploaded documents will be deleted, and all message links will be broken.
Refunds will be granted on a case by case basis.
If you wish to reactivate your account within the first 90 days after cancellation, all of the information that was in your account when you cancelled becomes available again. After 90 days we cannot guarantee that the information will remain on our systems. For this reason we recommend exporting or saving any desired information before completing the account cancellation.
Other Merchandise and Product Returns & Refunds will be granted on a case by case basis. Please contact our customer service department for further inquiry. 636-352-2229 or cs@rethinkincNOW.com Please contact our customer service department for further inquiry. 636-352-2229 or cs@rethinkincNOW.com.
Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Rethink inc, are the property of Rethink inc and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY RETHINK INC IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Rethink inc and is protected by United States and international copyright laws. All software used on this site is the property of Rethink inc or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Rethink inc pursuant to express authorization from the copyright owners or their agents. Any other use, including, the reproduction, modification, distribution, transmission, republication or display of the content, images and software on this Website is strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY
Rethink inc, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Rethink inc accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Rethink inc has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Rethink inc in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: Contact us by email: Info@rethinkincNOW.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit Rethink inc to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
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 or on behalf of the person defamed.
COPYRIGHT NOTICE
Copyright © 2011 Rethink inc, L.L.C. All rights reserved.
CUSTOMER SERVICE CONTACT INFORMATION
If you have any questions or comments regarding the Website or Rethink inc membership, any technical difficulties or problems, or any other issues related to the Company, our customer service department can be reached from [9am-5pm EST, Monday-Friday,] at the following number:
(636)352-2229
Our mailing address is:
SHEETS BY DESIGN, INC.
DBA: Rethink inc
11 Lemans Place
Lake St. Louis, MO 63367
Outside of business hours, or for any questions or comments related to these Terms and Conditions, please send us an email at info@rethinkincNOW.com. We will attempt to respond to all emails within [3 business days] of receipt.
EXPORT CONTROL / DELIVERY POLICY
Unless otherwise specified, the materials on the Website are presented solely to provide information regarding, and to promote, Rethink inc's services and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by Rethink inc from its offices within the state of Missouri, United States of America. Rethink inc makes no representation that materials on the Website are appropriate or available for use outside the United States. Individuals from outside the United States may choose to purchase products and services from Rethink inc; however, those who choose to access the Website from outside the United States do so of their own initiative and agree to take full and exclusive responsibility for compliance with local laws, and indemnify and hold Rethink inc blameless and without liability for any violation of foreign laws, criminal or civil, that may arise from the use of the Website outside of the United States, if and to the extent that local laws are applicable. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LICENSE TO CONTENT
Any and all materials submitted by you which are directly related to your business or business idea, which includes but is not limited to any information you upload to your "My Files" account (the "Business Information") shall be treated as proprietary and confidential by Rethink inc and shall not be disclosed by Rethink inc to any other party, subject to the conditions of these Terms of Use. The Company is committed to keeping your Business Information private and is committed to protecting its confidentiality. Please see our Privacy Policy for more information.
For any other information which does not constitute Business Information which is submitted to Rethink inc via the Website or any other means of transmission, you hereby irrevocably grant Rethink inc a worldwide, non-exclusive, royalty-free, fully paid, restriction free license from the date you provide us with your material to distribute, reproduce, copy, record, modify, add to, combine with other materials, remove, adapt, publicly perform, publicly display, broadcast, exhibit, sublicense, freely assign, create derivative works from and otherwise use and exploit any of same, or any part thereof, in any medium now known or hereinafter known, in any language and by any means or manner now or hereafter developed. You also hereby grant each user of the Website a non-exclusive license to access such submitted content through the Website, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the website and under the Rethink inc Terms of Use described herein.
LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS RELATED GRAPHICS AND OTHER MATERIALS PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR. RETHINK INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, RETHINK INC AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RETHINK INC DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES" OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT SHALL RETHINK INC AND / OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM RETHINK INC THROUGH THIS WEBSITE.
FURTHERMORE, YOU ACKNOWLEDGE THAT RETHINK INC IS NOT LIABLE FOR ANY DAMAGES THAT MAY ARISE FROM YOUR USE OF ANY INFORMATION, ADVICE, SUGGESTIONS OR OTHER MATERIALS AVAILABLE ON THE WEBSITE, WHETHER SUCH MATERIALS WERE PROVIDED BY RETHINK INC OR BY USERS OF THE WEBSITE UNAFFILIATED WITH THE COMPANY. YOU ACKNOWLEDGE THAT YOUR CHOICE TO ADOPT OR REJECT ANY INFORMATION, ADVICE, OR SUGGESTION ON THE WEBSITE IS SOLELY OF YOUR OWN INITIATIVE AND THAT RETHINK INC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM ANY DECISIONS YOU MAY MAKE BASED ON INFORMATION, ADVICE, SUGGESTIONS OR OTHER MATERIALS PROVIDED ON THE WEBSITE. FOR THE PURPOSE OF CLARITY, IT SHOULD BE NOTED THAT ANY MESSAGES, COMMENTS, OR SUGGESTIONS THAT YOU CHOOSE TO ADOPT OR REJECT THAT ARE PROVIDED BY USERS OF THE WEBSITE WHO ARE NOT AFFILIATED WITH RETHINK INC SHALL BE INCLUDED IN THIS EXCLUSION OF LIABILITY.
BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT RETHINK INC MAKES ITS WEBSITE AND ALL OF THE COMPANY'S OTHER PRODUCTS AND SERVICES AVAILABLE TO YOU SOLELY AS INFORMATIONAL TOOLS AND FOR INFORMATIONAL PURPOSES ONLY, AND THAT THE COMPANY MAKES NO GUARANTEES, WARRANTIES OR OTHER ASSURANCES REGARDING THE IMPACT OF THIS INFORMATION ON THE SUCCESS OF YOUR BUSINESS, YOUR BUSINESS IDEA, OR ANY OTHER BUSINESS INITIATIVE FOR WHICH YOU MAY BE SEEKING ASSISTANCE. BY ACCESSING THE WEBSITE, YOU AGREE TO HOLD RETHINK INC BLAMELESS AND WITHOUT LIABILITY FOR ANY AND ALL DAMAGES OF ANY KIND TO YOU, YOUR BUSINESS, OR ANY OTHER PERSON OR ENTITY THAT MAY ARISE FROM YOUR USE OF WEBSITE CONTENT, ADVICE, INFORMATION, OR ANY OTHER MATERIALS ON THE WEBSITE OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY RETHINK INC.
LINKING TO RETHINK INC
Linking to Rethink inc from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, Rethink inc's content without express written authorization from Rethink inc. A Linking Site shall not create a frame, browser or border environment to Rethink inc's content and a Linking Site shall not imply that Rethink inc is endorsing it or its products without express written consent from Rethink inc. The Linking Site shall not misrepresent the Linking Site's relationship with Rethink inc, shall not provide false information about Rethink inc's products or services, and shall not unlawfully use the copyrights or trademarks owned by Rethink inc or others. Linking Sites shall abide by any and all applicable laws.
LINKS TO THIRD PARTY SITES
Rethink inc may contain links to other websites ("Linked Sites"). Linking to such Linked Sites may transfer you from the Website to other unaffiliated sites. Unless otherwise indicated, Rethink inc is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Rethink inc and Rethink inc is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Rethink inc is providing these links only as a convenience, and the inclusion of any link does not imply an endorsement by Rethink inc. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.
MESSAGE BOARDS / MEMBER-TO-MEMBER COMMUNICATIONS
Rethink inc may choose to provide message boards, bulletin boards, and other communications tools to facilitate communications between Rethink inc and its members (collectively, the "Message Boards" "Forums"). These Message Boards may also allow for member-to-member communications. By accessing the Website, you acknowledge that Rethink inc makes its Message Boards available solely as informational tools, and that the Company makes no guarantees, warranties or other assurances regarding the impact of the information provided by these Message Boards on the success of your business, your business idea, or any other business initiative for which you may be seeking assistance.
MODIFICATIONS AND UPDATE
CHANGES ARE PERIODICALLY MADE TO THE TERMS OF USE HEREIN. IN ADDITION, RETHINK INC MAY MAKE CHANGES TO THE SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE AT ANY TIME AT ITS SOLE DISCRETION. The most current version of these terms can be reviewed by clicking on the "Terms of Use" link located at the bottom of our website pages. These notices, terms, and conditions are subject to change in the sole and absolute discretion of Rethink inc. All updates, enhancements, new features and / or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions. Your continued use of the Rethink inc website constitutes your continued acceptance to all such notices, terms and conditions as modified.
PERSONS UNDER THE AGE OF 18
Rethink inc does not sell products for or provide information or services to persons under the age of 18, and persons under the age of 18 are not authorized to use the Website or any other products or services offered by Rethink inc. Rethink inc reserves the right to enforce this policy by refusing service, terminating accounts, removing or editing content, or cancelling orders/ requests in its sole discretion.
PRIVACY
See our privacy policy relating to the collection and use of your information
SEVERABILITY
If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms of Use will remain in full force and effect.
TRADEMARKS
"RETHINK INC," along with all logos, other tradenames, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of Rethink inc, LLC. Rethink inc's trademarks may not be used in connection with any product or service that is not owned by Rethink inc in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rethink inc. Any trademarks not owned by Rethink inc that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Rethink inc or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
UNSOLICITED IDEA SUBMISSION POLICY
Rethink inc and its employees, affiliates, officers and directors do not accept or consider unsolicited ideas related to the Company and its operations, including but not limited to ideas for new Rethink inc advertising campaigns, suggestions, new promotions, new products or technologies, concepts, ideas, notes, processes, materials, marketing plans, new product names or other materials (collectively, the "Unsolicited Ideas"). Please do not send any original creative artwork, samples, demos, or other works related to the Company or its operations (collectively, the "Unsolicited Works", and together with the Unsolicited Ideas, the "Unsolicited Materials"). The purpose of this policy is to avoid potential misunderstandings or disputes when Rethink inc's products or marketing strategies might seem similar to ideas submitted to Rethink inc. Unless otherwise agreed, Rethink inc may edit, copy, publish, distribute, translate, and otherwise use in any medium any Unsolicited Materials that you forward to Rethink inc and will own exclusively all such rights, titles, and interest and shall not be limited in any way in their use, commercial or otherwise. Rethink inc is and shall be under no obligation to: (1) maintain any Unsolicited Materials in confidence or (2) to pay to you or any user any compensation for any Unsolicited Materials.
For the purpose of clarity, it should be noted that Unsolicited Materials are ONLY related to materials you forward in relation to Rethink inc's business; materials related to your proprietary business ideas that are not related to Rethink inc's business are covered by our Privacy Policy.
USE OF SITE
Rethink inc may, in its sole discretion and without notice, deny any person, company, or other legal entity access to this Website or any portion thereof. As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Website in any manner that could damage, disable, overburden, or impair any Rethink inc server or interfere with any other party's use and enjoyment of the Website and services offered herein. You may not attempt to gain unauthorized access to other's accounts, information, computer systems or networks connected to the Rethink inc server or to any of the services or products offered via the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any of Rethink inc's materials or information through any means not intentionally made available through the website.
This Website, any portion of this Website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any purpose that is not expressly granted by Rethink inc. Rethink inc reserves the right to refuse service, terminate account(s), and/or cancel orders in its discretion, including, without limitation, if Rethink inc believes that conduct violates applicable law, is harmful to the interests of Rethink inc and its affiliates or any other reason. Rethink inc further reserves the right to pursue any legal action available against any user whose use violates state, federal or local law or these Terms of Use.
Availability of this Website or particular information or services herein is subject to change without notice.
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