DESCRIPTION OF THE SERVICE
Superior L.L.C. d/b/a Thing Engine ("Thing Engine" or “We”) provides a platform via its website (the “Site”) to a community of public and registered users (“Users” or “You”) for the purposes of disseminating sales, product and support information for Thing Engine products (the "Services"). Additional Services may be offered by us from time to time. The following are the terms of service (“Terms”) for using the Site and the Services.
ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
Thing Engine reserves the right, at its sole discretion, to modify or replace the Terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Using the Services shall constitute your acceptance of the Terms as modified. In addition, when using particular features of the Services, you shall be subject to any additional posted guidelines or rules applicable to such Services. Your access to and use of the Site and our Services may be interrupted from time to time for any reason within or outside the control of Thing Engine. Thing Engine reserves the right to suspend or discontinue the availability of the Site and/or any Services at its sole discretion and without prior notice. Thing Engine may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.
As a condition to using the Services, you are required to open an account with Thing Engine and select a username and password, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services by terminating your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Thing Engine account. Services are available to authorized representatives of legal entities who are at least 18 years old. If you are using your company's corporate email account to register, your company is responsible for your online conduct and the consequences of any misuse of the Site and Services.
CODE OF CONDUCT FOR ALL USERS
As a condition of using the Services, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Thing Engine. By way of examples, and not as a limitation, you agree not to use the Services:
•to abuse, harass, threaten, impersonate or intimidate any person
•for any purpose that is not permitted under the laws of the jurisdiction where you use the Services;
•to post or transmit, or cause to be posted or transmitted, any communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
•to post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Thing Engine user;
•to create or transmit unwanted messages ("spam") to any company, person or any URL;
•to create multiple accounts with the intention of defrauding or interfering with Thing Engine business or the business of its customers and partners;
•to use any robot, bot, spider, scraper, crawler or other automated means to access the Site for any purpose;
•to advertise to, or solicit, any user to buy or sell any third-party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without the prior explicit consent of Thing Engine;
•to sell or transfer your account or profile to another user of the Site and Services.
Additionally, you agree that you will not:
(1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure such as a "denial-of-service-attack" or otherwise interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(2) bypass any measures we may use to prevent or restrict access to the Site.
The Services may provide or facilitate the sharing of links to other World Wide Web sites or resources. Because Thing Engine has no control over such sites and resources, you acknowledge and agree that Thing Engine is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Thing Engine shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Thing Engine and thing-engine.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Thing Engine. Thing Engine’s trademarks and trade dress may not be used in connection with any other product or services without the prior consent of Superior L.L.C. d/b/a Thing Engine. Thing Engine may from time to time post trademarks and trade dress from other companies through partnership agreements and with other approvals from those companies. You may not lift, copy or appropriate the trademarks, service marks, or trade dress of any other company posted on the Site.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Thing Engine, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Service. You hereby agree to indemnify and hold harmless Thing Engine, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) content posted on the Site, (iii) the use of the Services, by you or any person using your account or Thing Engine username and password, (iv) any violation of any rights of a third party.
Thing Engine may terminate or suspend any and all Services and/or your Thing Engine account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Thing Engine account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
YOU USE THE SITE AND THE SERVICE AT YOUR OWN RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THING ENGINE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THING ENGINE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER THING ENGINE NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICE. THING ENGINE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THING ENGINE'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1.00. YOU AND THING ENGINE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF THING ENGINE AND ALL PARTIES TO ANY SUCH PROCEEDING.
The Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, as if made within Georgia.
Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the most current Commercial Arbitration Rules of the American Arbitration Association or of the International Center for Dispute Resolution to be held in the State of Georgia, United States of America. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. All documents, materials and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.