Welcome to our site (the “Site”). The Site is operated by Think Smart Inc. (“Think Smart”, “we” or” “us”) on its own behalf or on behalf of its affiliates. This document (the “Terms of Use” or the “Agreement”) establishes the terms and conditions governing your use of the Site.
These Terms of Use, together with Think Smart’s Privacy Policy, constitute a binding agreement between users of the Site (“you”, unless otherwise specified) and Think Smart.
By using the Site, you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement. You must agree to this Agreement in order to access or use the Site.
This Agreement contains the following provisions:
1. Your Acceptance of this Agreement
This is an agreement between you and Think Smart and governs your use of the Site, its contents and services. Each time you visit, browse, request services through, access or otherwise use the Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for the purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this Agreement for using the Site, and to comply with all applicable laws and regulations.
By accessing this Site, you represent and warrant that you are at least eighteen (18) years old and that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
If you do not have the legal authority to agree to and accept this Agreement, or if you are not authorized to agree to and accept this Agreement, or if you do not agree with the terms of this Agreement, then you may not use the Site.
2. Scope of this Agreement
These Terms of Use only apply to your activities when using the Site or its contents. From time to time, we may establish or authorize a Think Smart service provider to establish a Think Smart-branded site that operates under different terms and conditions, such as Think SmartTracking.com. Those different terms and conditions will be linked to that site’s home page. Please review such different terms and conditions if you choose to visit those sites, as they govern your use thereof.
These Terms of Use do not affect or amend the terms of any other contracts you have entered into or may enter into with Think Smart or a Think Smart affiliate, such as carrier contracts, agency agreements, transportation and logistics contracts, and other contracts for Think Smart goods or services (each of these separate contracts with Think Smart and/or its affiliates is referred to as a “Think Smart Contract”), and your and Think Smart’s (and its affiliates’) respective obligations thereunder, except as otherwise expressly set forth in such Think Smart Contract. A Think Smart “affiliate” is any entity that controls, is under common control with, or is controlled by, Think Smart.
3. Authority
Think Smart is based in the province of Ontario in Canada. Think Smart provides this Site for use primarily by persons located in Canada and the United States and the Site is not intended to be used by persons located outside of Canada and the United States. Think Smart makes no claims that the Site or any of its content is accessible or appropriate outside of Canada and the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside Canada and the United States, you do so on your own initiative and you accept full responsibility for ensuring compliance with local laws.
4. Changes to these Terms of Use
We may modify, suspend or terminate the operation of the Site, as well as its content and offerings, in whole and/or in part, in our sole discretion, at any time and for any reason.
From time to time, Think Smart may, in its sole discretion, for any reason and without any liability to you or any other person, change, supplement or amend these Terms of Use, or require that you agree to additional terms and conditions (the “Revised Terms”) in order to continue using the Site.
You may be required to agree to Revised Terms in order for you to obtain Passwords (as defined below), access certain areas of the Site or utilize certain features or functions offered on the Site by Think Smart. For example, certain portions of the Site may only be accessible to those who have met prerequisite Think Smart business qualifications or to those situated in particular geographic locations. Think Smart may require you to agree to Revised Terms before you are allowed to post information to the Site, participate in group discussions or business forums, enter sweepstakes and contests, and engage in similar interactive activities. Such Revised Terms are incorporated herein by reference and made a part of these Terms of Use.
These Terms of Use may only be modified in writing by an authorized officer of Think Smart and they may not be modified orally or in writing by our Site’s customer service representatives or our employees. You may not change, supplement, or amend these Terms of Use in any manner.
You are responsible for checking for revisions to the Terms of Use each time you use the Site and, in any event, are bound to changes to this Agreement thirty (30) days after such changes have been introduced and for which notification of substantive changes has been made (such as a notice on the home page of the Site that such change has been made.)
Any changes to the dispute resolution procedures set forth below in Governing Law and Venue shall not apply to any disputes that have been commenced prior to the changes to the Terms of Use taking effect.
5. Privacy Policy
Please review our Think Smart’s Privacy Policy, which explains Think Smart’s practices relating to the collection, use and disclosure of personal information you provide through use of the Site. The Privacy Policy is incorporated herein by reference and is a part of these Terms of Use. By using the Site, you are consenting to the Privacy Policy.
6. Site Ownership; Trademarks
Think Smart, its affiliates and/or their licensors own the Site, its content, features, functionality and systems, including the copyright and other intellectual property rights therein. All rights not expressly granted or licensed herein are reserved to Think Smart, its affiliates and licensors.
Think Smart and its affiliates’ federally registered or common law trademarks may appear on the Site from time to time. Other product, service and company names appearing in the Site may be the trademarks of their respective owners, and are used by Think Smart via license or under “fair use” principles. No right or license to use any of these trademarks or the Think Smart Trademarks is granted in these Terms of Use.
7. Your Use of Site Content; Monitoring
Subject to these Terms of Use and any further restrictions set forth in the Revised Terms, Think Smart hereby grants to you a non-exclusive, limited, non-sublicensable, non-transferable, revocable license to access the Site and use the information, functions and content made available to you on the Site, solely in connection with Think Smart-related or Think Smart affiliate-related business and not for purposes of competing with Think Smart or its affiliates or for any other purpose. With respect to information and content that is identified on the Site as available to you for downloading or printing, or is configured to enable you to download or print, you may download and/or print one copy and may only use it for the Think Smart-related or Think Smart affiliate-related business purpose for which it was made available and not for purposes of competing with Think Smart, a Think Smart affiliate, or for any other purpose. You are expressly prohibited from modifying any of the Site pages or other content and from removing or altering any visible or non-visible identification, marks, notices, or disclaimers in the content that you download or print from the Site.
Where access to portions of the Site is limited to those users with valid Passwords, the license granted above with respect to those portions of the Site is applicable only to those with a valid Password and those authorized to use such Password.
No other license or rights in the Site are granted by Think Smart and all licenses and rights granted may be terminated or revoked by Think Smart at any time at Think Smart’s sole discretion. From time to time Think Smart may, without notice, monitor your use of the Site, although Think Smart is not obligated to do so.