Terms of Service
1. ACCEPTANCE OF TERMS
ThinkingArizona provides service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. Your use of the Web site constitutes your agreement to all such terms, conditions, policies and notices (the “Agreement”).
2. DESCRIPTION OF SERVICE
ThinkingArizona provides analytical reports (“editions”), illustrations and visualizations, and accompanying data.
3. MODIFICATIONS TO SERVICE
ThinkingArizona reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that ThinkingArizona shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. ThinkingArizona may change, add or remove any part of this agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted.
4. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk.
b. ThinkingArizona makes no warranty that i) the service will meet your requirements, ii), the service will be uninterrupted, secure, or error-free, iii), the results that may be obtained from the use of the service will be accurate or reliable, iv) any errors in the software will be corrected, or v) that this Web site, its content, and the servers on which the web site and content are available are free of viruses or other harmful components.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information obtained by you from ThinkingArizona shall create any warranty not expressly stated in the Terms of Service.
e. Information created by third parties that you may access on the site or through links is not adopted or endorsed by ThinkingArizona and remains the responsibility of such third parties.
5. LIMITATION OF LIABILITY
You expressly understand and agree that ThinkingArizona shall not be liable for anyh direct, indirect, incidental, special, consequential or exemplary damages resulting from i) the use or the inability to use the service, ii) unauthorized access to or alteration of your transmissions or data, iii) statements or conduct of any third party on the service, or iv) any other matter relating to the service.
6. TRADEMARK AND INTELLECTUAL PROPERTY INFORMATION
All materials on this site including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by ThinkingArizona or by other parties that have licensed their material to ThinkingArizona. Except as specifically provided herein, none of these materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of ThinkingArizona. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any online material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
All other trademarks appearing on the site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that ThinkingArizona is a news and information site and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. ThinkingArizona will enforce its intellectual property rights to the fullest extent of the law.
If you are a copyright owner or an agent thereof and you believe that any content used on ThinkingArizona infringes upon your copyrights, you may submit a notice to //‘ + emailE + ‘‘); //]]>">
The failure of ThinkingArizona to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify, defend and hold ThinkingArizona harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
9. COMMUNITY COMMENTARY OR OTHER SUCH COMMENTS
You agree that any comment sent by you through our "Community Commentary" service will become the property of ThinkingArizona without compensation to you. ThinkingArizona reserves the right to:
- Delete your comment at its discretion.
- Publish or not publish your comment, at its discretion.
- Retain your comment on the Web site for perpetuity or until such time as it deems the comment no longer relevant to include on its Web site.
- Utilize your comment as it deems appropriate but in no case to be sold to any third party.
Any comments, materials, or letters sent by you to ThinkingArizona regarding the site shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the material is "not for publication" and contains "private and proprietary" information that may not be distributed.
10. RESTRICTIONS ON USE
You may not use ThinkingArizona or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree to use ThinkingArizona solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
12. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on http://www.ThinkingArizona.com constitute the entire agreement between you and ThinkingArizona and govern your use of the Service.
13. REFUSAL OR DISCONTINUANCE OF SERVICE
ThinkingArizona reserves the right to refuse or discontinue service to any user for non-compliance with these Terms and Conditions.
14. CHOICE OF LAW AND FORUM
This Agreement will be governed by the laws of the State of Arizona. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Arizona. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS