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THINK GLOBAL SCHOOL TERMS OF USE

EFFECTIVE DATE: January 3rd, 2012

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.

ACCEPTANCE OF THESE TGS TERMS OF USE

This site (the “Site”) is brought to you by THINK Global School (“TGS”). By using the Site, you fully and unconditionally agree to these TGS Terms of Use without change by you (“Terms” or “Terms of Use”). If you do not agree to them, do not use the Site.

WHO WE ARE

This Site is owned and operated by THINK Global School, Inc., an Illinois not-for-profit corporation (“TGS” “we”, or “us”). Our mailing address is: 1562 First Avenue #205-3296 New York, NY 10028. Our e-mail address is: info@thinkglobalschool.com; and our telephone number is: +1 646 808 0675.

LIMITATIONS ON USE

  • You must be at least 13 years of age or have reached an older age of legal majority in the jurisdiction in which you live in order to use the Site or to apply for enrollment or employment.
  • This Site is controlled by TGS from its offices within the United States of America and is directed to U.S. users even though TGS students and faculty may be from or travel to other countries. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws.

Your Account Information

TGS may allow you to become a registered a Site user, such as in connection with the submission of an application for employment or enrollment. TGS may assign you, or allow you to select, a user name and password (together, “Account Information”). You agree to maintain, and are responsible for maintaining, the confidentiality of your Account Information, and you are responsible for all use of the Site accessed through it. You agree not to share your Account Information with anyone and understand that we might ask you later to use your Account information at other sites or areas (such as an area for enrolled students or TGS employees). You agree that if your password is used on the Site, we may attribute all use to you and you will be legally bound by that use even if the person using your password had no actual authority. You agree to immediately notify us of any unauthorized use of your account or Account Information or
any other actual or suspected breach of Site security.

TGS PRIVACY AND INFORMATION SECURITY POLICY

Any information that you submit to us or that we collect through the Site is subject to the THINK Global School Privacy and Information Security Policy, the terms of which are incorporated into these Terms of Use. That policy will survive termination or cancellation of these Terms and will last until we eliminate from our databases information about you that is subject to the policy; provisions of these Terms of Use relevant to the policy will also survive.

BLOGGING, TWITTER & PUBLIC COMMUNICATIONS

You agree not to use our Site (directly or indirectly) to violate the legal or privacy rights of others or to harvest or collect without their consent personal information. You should also be careful of revealing information about yourself: whatever you post or communicate in public areas of the Site can be accessed by others. Proceed carefully and at your own risk.

YOUR USE OF THE SITE

You agree that your use of the Site will fully comply with all applicable laws, rules and regulations and these Terms of Use. Without limiting the generality of this requirement:

  • You will not impersonate any other person while using the Site;
  • You will not make any commercial use of the Site and will use it solely to fulfill TGS’ educational purposes;
  • You will not systematically collect or use any data or content including through the use of any data mining, robots, or similar data gathering and extraction methods;
  • You will not submit to us or to the Site any communication or other content that:
    • Contains another person’s personal information unless you have obtained that person’s consent to supply the information;
    • Infringes on the intellectual property, privacy, publicity or other rights of any person;
    • Contains, depicts or promotes illegal content, materials or activities;
    • Is harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious, offensive or objectionable (in our sole judgment) or which may give rise to liability or violate any law;
    • Breaches any duty of confidentiality that you owe to anyone, or that is invasive or violates anyone’s privacy or data protection rights;
    • If you are posting to the Site, contains commercial content or refers to a URL of a website that competes with our Site, unless you have our written permission;
    • Contains, downloads or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, interrupting, destroying or limiting the functionality of any computer software or hardware or telecommunications equipment associated with the Site or the property of any other users
    • May otherwise give rise to liability or violate any law; or
    • Is otherwise offensive or unacceptable to us, in our sole discretion.

You understand that we do not undertake any obligation to review any content submitted for posting to the Site, although we reserve the right to review, remove and block such content. We do not make any representation or warranty with respect to it or compliance with these Terms of Use by Site users. We assume no responsibility or liability for such content and reserve all of our rights under the U.S. Communications Decency Act. If you become aware of misuse of the Site by any person, please contact us at info@thinkglobalschool.com. Please also see “Warranty Disclaimer” and “Limitation of Liability,” below, as well as “Notices; Our Legal Notice Address.”

Your licenses to us

Except as otherwise set forth in TGS policies or its operative documents, you agree that we are free to use your name, picture, and any comments, information, copyrightable works, ideas, methods and processes that you submit to us or to the Site (“Feedback”), without notice or confidential treatment, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to marketing and modifying the Site and developing products and services for TGS or others, provided that we will not use any of your medical or health related information for marketing purposes unless you specifically consent to such use. By submitting Feedback, you grant us a non-exclusive, irrevocable, perpetual, worldwide and transferable license for such use of the Feedback in all possible now, or hereafter existing media, known or unknown, and agree that our Privacy and Information Security Policy does not apply to Feedback.

Linking to our site

You may link to the Site from your website, provided that you comply with the following requirements:

  • You link only to our homepage
  • The link appears separate and distinct from all other visual elements of your website, so as not to imply that the Site is the source of or endorses any of the content or materials on or offered on your website;
  • You do not “frame” the Site’s content or use any other method that causes the content to appear to be part of your website or any site or service other than the Site without our prior written permission; and
  • You do not link to the Site from any website, or page containing material, that violates any of the provisions contained in “Your Use of the Site” or that:
    • Disparages or reflects negatively upon the Site, TGS, or the TGS Community (including employees, board members, students (and their family members), donors to and supporters of TGS or of schools that host or assist TGS or its students, and the like); or
    • Competes with our Site, unless you have our written permission.

We reserve the right to require you to discontinue your linking to the Site at any time. In such event, you must immediately remove the link(s) from your website.

Copyright

The entire content of the Site, including but not limited to text, graphics and code, is our property. Copyright 2010, TGS-THINK Global School. ALL RIGHTS RESERVED. We grant you permission to electronically copy and print hard copy portions of the Site solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use of the Site and/or its content is strictly prohibited, unless authorized by us in writing.

Regarding intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement may provide a notice to our copyright agent – see Notices; Our Legal Notice Address. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated acts of infringement, and we also reserve the right to terminate for even one act of infringement.

Trademarks

All of our trademarks, service marks and trade names used on the Site, including, without limitation, TGS and THINK Global School, are trademarks or registered trademarks of TGS-THINK Global School in the U.S. and/or other countries. Except as otherwise permitted by these Terms of Use, they may not be used without our prior express written permission. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us).

Warranty Disclaimer

THE SITE AND ALL SITE ACTIVITIES, SERVICES, CONTENT AND EVERY OTHER ASPECT OF THE SITE (COLLECTIVELY, “COMPLETE SITE”) IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS IS WITH YOU.

NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS, THIRD PARTY SERVICES 1, AFFILIATES, AGENTS OR EMPLOYEES (COLLECTIVELY, “HELPERS”) MAKES ANY COMMITMENT OR WARRANTY AND EACH DISCLAIMS ANY (IF ANY) STATUTORY OR IMPLIED WARRANTIES, CONDITIONS OR DUTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, (A) OF MERCHANTABILITY; (B) OF FITNESS FOR PURPOSE OR USE; (C) OF RESULTS, ACCURACY, VALIDITY, COMPLETENESS OF INFORMATION, FUNCTIONALITY OR AVAILABILITY; (D) OF LACK OF NEGLIGENCE, REASONABLE CARE OR EFFORT; (E) OF LACK OF VIRUSES OR OTHER HARMFUL CODE; (F) OF PRIVACY OR SECURITY; (G) OF INDEMNITY; (H) OF MISREPRESENTATION, DEFAMATION, PORNOGRAPHY, OBSCENITY OR THE LIKE; AND (I) OF ANY CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IF ANY DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE DUTY WILL BE MEASURED BY WILLFUL MISCONDUCT. ALSO, THERE ARE NO WARRANTIES OF TITLE, QUIET ENJOYMENT OR OF LACK OF INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES.

TO THE FULL EXTENT ALLOWED BY LAW AND EXCEPT FOR DAMAGES FOR INFRINGEMENT OF OUR CONTENT, YOU AGREE THAT NEITHER WE NOR ANY OF OUR HELPERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE LIKE (INCLUDING WITHOUT LIMITATION, LEGAL, EXPERT AND CONSULTANT FEES AND COSTS), OR FOR DAMAGES FOR (WITHOUT LIMITATION): LOST PROFITS OR OPPORTUNITY, LOSS OF PRIVACY OR SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH OR OF LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), FOR ANY OTHER INDIRECT DAMAGES OR FOR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS BY US OR OUR HELPERS, EVEN IF WE (OR A HELPER) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS OF USE (INCLUDING OUR PRIVACY AND INFORMATION SECURITY POLICY) OR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING TORT) RELATING TO THEM, THE COMPLETE SITE OR ANY HELPER SHALL BE, AT OUR OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE COMPLETE SITE THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2) THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE ITEM GIVING RISE TO YOUR DAMAGES. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE AND THIS LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states and jurisdictions do not allow the exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case our liability shall be limited to the maximum extent permitted by applicable law.

THIRD-PARTY CLAIMS/INDEMNIFICATION

You agree that you are responsible for your behavior in connection with the Site. We shall not be liable for claims made against you or us arising out of your use of the Site or Third Party Services, and you hereby agree to indemnify and hold us, our related companies, officers, directors, employees and agents, harmless from and against any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising, directly or indirectly, in whole or in part, out of your use of the Site or Third Party Services, the use of the Site or Third Party Services by any other person who obtains access using your Account Information, or your violation of these Terms of Use or any policies of Third Party Services.

GOVERNING LAW

These Terms of Use and all causes of action relating in any way to the Site (including but not limited to claims under contract, for torts or any other basis of liability) shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts or choice of law provisions.

INTERNATIONAL ARBITRATION

In the event of a dispute (“Dispute”) arising out of or in connection with these Terms of Use and all causes of action relating in any way to the Site (including but not limited to claims under contract, for torts or any other basis of liability), including any question regarding the existence, validity or termination of the Terms of Use, the parties hereto shall first seek settlement of the Dispute by mediation in accordance with the LCIA Mediation Procedure, which Procedure is deemed to be incorporated by reference into this clause.

If the Dispute is not settled by mediation within thirty (30) calendar days of the appointment of the mediator, or such further period as the parties hereto shall agree in writing, the Dispute shall be referred to and finally resolved by arbitration under the rules of the LCIA (“LCIA Rules”), which are deemed to be incorporated by reference into this clause. The following shall apply to such arbitration:

  1. the arbitral tribunal shall be composed of three (3) arbitrators;
  2. the arbitral tribunal shall be selected in accordance with the LCIA Rules;
  3. the seat, or legal place of the arbitration, shall be London, England;
  4. the language to be used in the arbitral proceedings shall be English;
  5. the parties hereto and the arbitral tribunal shall refer to the IBA Rules on the Taking of Evidence in International Commercial Arbitration (“IBA Rules”) for guidance on evidence and procedure (in the case of any inconsistency with any clause of this Agreement or with the LCIA Rules, the IBA Rules shall prevail but solely as regards to the presentation and reception of evidence); and
  6. nothing in this International Arbitration Section shall prevent either party hereto from applying to a court of competent jurisdiction for interim relief pursuant to section 44 of the Arbitration Act 1996 and such relief may be granted in circumstances not limited to the preservation of assets.

U.S. EXPORT CONTROLS: Any software available on the Site is subject to U.S. export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws.

TERMINATION

Either party may terminate or cancel use of the Site, at any time and for any or no reason after giving notice of same (see “Notices; Our Legal Notice Address”), except that we need not give prior notice in what we believe is an emergency or if we do not have your e-mail address. Upon termination or cancellation, your right to use the Site or a Third Party Service will immediately cease and we may immediately deactivate or delete your account, access credential and all related information and files associated with them, and/or bar any further access to such information or files. You agree to keep for your files your own copies (that are lawful or allowed by these Terms of Use) and acknowledge that we are not obligated to provide copies to you after any termination or cancellation. We may do all of the foregoing without liability to you or any third party. We also reserve the right to discontinue all or any part of the Site at any time.

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced if the allocation of liabilities in these Terms of Use is honored. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use (which include our Privacy and Information Security Policy) set forth the entire understanding and agreement between you and us regarding your use of the Site. There are no third party beneficiaries of these Terms of Use.

AMENDMENTS

You agree that we may change these Terms of Use (including our Privacy and Information Security Policy) from time to time such as by adding, altering, or deleting any term, including but not limited to adding fees or a term requiring arbitration of disputes (“Amendments”), as long as we do so in our good faith discretion and comply with the following procedure. We will post a new version of the Terms (or policy) on the Site prior to the effective date of the amended version (“Effective Date”) – we will try to do that at least 15 days before a new version becomes effective, but we reserve the right to provide lesser or subsequent notice (such as in an emergency or to prevent harm or damages to us or others). We may instead give notice by another method, including by e-mail, assuming we have your address. You agree periodically to check for notice of an amended version and to review that version.

The Effective Date of each version will appear in the Terms of Use and in our Privacy and Information Security Policy: if you see a date that is later than the date you last reviewed them, review the latest version because it will apply as of its Effective Date and until the next version is posted. Until then, all amended versions will apply to all information, including personal information, then or later in our control or possession (except that we will not apply fees or increases in them to transactions already conducted). No Amendments will be effective unless we post them on our Site.

You agree that using the Site, providing personal information, or failing to terminate your Site account by the Effective Date, will constitute your agreement to the amended version. However, we make an exception to the foregoing for pending applications: if your enrollment or employment application is pending on the Effective Date and you do not want to agree to an Amendment, you may withdraw your application, including withdrawal by using the Site only for that purpose. You must make your withdrawal before the earliest of: (a) the Effective Date, if we have provided prior notice of the Amendment; (b) before you participate in any interview and before you sign any enrollment or employment agreement (if any); or (c) you use the Site (other than to provide notice of withdrawal).

You also agree that without amendment, we may change the Site in our sole discretion (other than the text of these Terms of Use or our Privacy and Information Security Policy), including without limitation all content, pricing and services.

NOTICES; OUR LEGAL NOTICE ADDRESS

Notices to You. You agree that we may give you required notices by posting notice on the Site. You also agree that if we have your e-mail address, we may send notice by e-mail in our discretion, including notice of subpoenas or other legal process (if any). We may provide such e-mail notice to any e-mail address that you provide to us. You agree to keep your address current when possible. You also agree to check for notices posted on the Site.

Notices to Us. All notices under these Terms of Use shall be in writing and shall be (a) delivered in person, (b) sent by electronic mail, or (c) mailed, postage prepaid, either by registered or certified mail, return receipt requested, or overnight express carrier, addressed in each case as follows:

TGS-THINK Global School, Inc.
Attention: Ashley Silver
E-mail: asilver@thinkglobalschool.com
Copy e-mail to: susan.greenspon@klgates.com

(“Our Legal Notice Address”). All notices sent pursuant to the terms of this section shall be deemed received: (a) if personally delivered, then on the date of delivery; (b) if sent by facsimile or electronic mail before 2:00 p.m. local time of the recipient, on the day sent if a business day or if such day is not a business day or if sent after 2:00 p.m. local time of the recipient, then on the next business day; (c) if sent by overnight, express carrier, on the next business day immediately following the day sent; or (d) if sent by registered or certified mail, on the earlier of the third (3rd) business day following the day sent or when actually received. Any notice by facsimile or electronic mail shall be followed by delivery of a copy of such notice on the next business day by overnight express carrier or by hand.

LEGAL NOTICES

Various laws require or allow us to give Site users the below notices and each of them is incorporated into these Terms of Use. You may review each notice by clicking on its link:

Notice of Copyright Agent (this provides contact and other information regarding the Site’s copyright agent who may be notified of claimed infringement).

Notice of Availability of Filtering Software (this provides information about commercially available parental control protections, such as filtering software, that may assist users in limiting access to Internet material harmful to minors (even though we do not believe that such material is on our Site)).

Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the federal CAN SPAM Act of 2003).

Notice of Intrusion Detection Monitoring: this Site may employ, now or later, software security programs to detect unauthorized intrusions, alterations or the like. Do not use the Site if you object to such.


NOTICE RE COPYRIGHT AGENT

We respect the intellectual property rights of others and request that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest allegedly being infringed;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  4. The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices (but not other notices) should be sent to the attention of Ashley Silver, in the following manner:

  • by mail: THINK Global School, 1562 First Avenue #205-3296 New York, NY 10028
  • by phone: +1 646 808 0675
  • by fax: 1 (631) 223-7797
  • by e-mail: asilver@thinkglobalschool.org

NOTICE OF AVAILABILITY OF FILTERING SOFTWARE

We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies). Parents may have more leeway to place controls on personally-owned systems than on TGS systems.

NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED

TGS will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by appropriate TGS personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to TGS computers or devices of a commercial electronic mail message (as defined in the U.S. “CANSPAM Act of 2003” that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to
which the messages will be transmitted.

1As defined in the TGS Privacy and Information Security Policy, as supplemented.