Privacy Policy & Terms of Service

Privacy Policy

Last Updated: April 9, 2020.

ThinkCERCA’s mission is to facilitate critical thinking in a learning environment that is safe and secure for students and faculty. By following these key Privacy Principles, we strive to:

• Provide the industry standard security across all of our web-based platforms.
• Protect personal information—not profit from it. We never sell personal information to third parties.
• Partner with students and teachers to give them control over their information.
• Prioritize the privacy of all of our students and teachers, paying particular attention to the safety of our youngest learners.

Scope of Our Privacy Policy

ThinkCERCA makes protecting student and teacher privacy a top priority. Thus, this Privacy Policy encompasses all of our web-based platforms and related sites and services (collectively, our “Services”), which we provide from our website (ThinkCERCA.com), our mobile applications, our mobile sites, and other Internet points of presence that we may make available (collectively, our “Site”). By using our Services and Site, you agree to our Terms of Use and this Privacy Policy.

School Privacy Policies

In many cases, teachers adopt ThinkCERCA based on a school or colleague’s recommendation. Please note, however, that ThinkCERCA has its own, separate, privacy policies. Thus, this Privacy Policy does not govern how a school might collect, use, or disclose student or teacher information. Please consult with your school for information about their specific privacy practices if you have any questions or concerns.

Other Websites' Privacy Policies

We provide exceptional content, features, and learning opportunities, and so do some other great companies we know. So from time to time, we may include a link on our Site to another website that has an interesting article or other information we think you may find useful. Those websites and applications have their own, separate privacy policies, which may differ from ours.

What Information We Collect

ThinkCERCA takes student and teacher privacy very seriously. We collect and use information about students to provide and enhance students’ learning experiences and our services.

Our records include information maintained by schools or districts or acquired that directly related to a student. We only require students to provide a name, email address, and school-designated course code for students to be able to access and use our Services. Students, parents, or teachers may enter additional information about students, including, but not limited to student grade-level and assignment feedback.

Like many other web-based service providers, we also collect information acquired directly from students and teachers through the use of our Services. This includes page views, clicks, your computer’s Internet Protocol (IP) address, referring or exit pages, browser software and operating system, as well as the dates and times students and teachers access the Site.

We collect this information using unique identifiers and “cookies” (i.e., alphanumeric identifiers we transfer to your computer’s hard drive). If you want to be notified of the use of cookies or prevent your browser from accepting cookies, the “Help” feature in most web browsers will provide instructions. Please keep in mind, however, that some features of our Services may not work properly if a browser disables cookies.

How We Use or Share the Information We Collect

ThinkCERCA exists to help facilitate critical thinking in the classroom. It is our mission, our focus, and our sole purpose. Accordingly, we do not share information with companies trying to sell you products or other services. Without your express permission, we will never sell, rent, share, or disclose student information or student-generated content to a third party for that third party’s commercial use.

We do use the information we collect to provide, manage, and improve our Services and student and teacher experience. This includes improving our educational products, understanding student learning preferences, and adapting our Services to provide customized educational experiences. We use collected information to evaluate, develop, and improve our educational Services.

We only share student or teacher information in limited circumstances to further educational interests and purposes. These circumstances include sharing data:

With Teachers and Administrators - We may disclose a student’s personal information to a student's own teacher, instructional coach, or to a school or district administrator. Occasionally, we may use a faculty email address to respond to a teacher if they email us, or to send updates, alerts and administrative messages about our Service that may be of interest to them and their students. We never send unsolicited emails to students.

With Our Service Providers - We can’t do it all, so we rely on a limited number of third-party service providers to assist us in operating our Service (e.g., a third-party website hosting company) and evaluating its efficacy (e.g., a third-party education analytics processor and visualization tool). These services are strictly prohibited from using shared information for any reason other than providing their services, unless such information is in an aggregate and anonymized form which does not contain information that may reasonably be used to identify a particular student or individual. They are also required to delete or de-identify shared data upon termination of their services or our request.

With Other Educators and Schools and Supporters - We also use the information we collect to demonstrate the effectiveness of our products. We do not use this data for other marketing purposes, to engage in targeted advertising, or to amass a profile of an individual student other than for K12 educational purposes.

In the Case of a Business Transfer - We believe ThinkCERCA is a world-class business, and others agree with us. So, at some time in the future, it is possible another company may want to acquire us. If they do, they will also be acquiring the information you provide to us relating to you. But don’t worry, if that occurs, we will require that the same or comparable privacy conditions apply.

For Your Protection and/or Our Protection - In order to comply with the law, protect our company (including enforcing the Terms of Use), or to protect the safety or rights of us or other persons, we may disclose your personal information.

With Your Permission - We may also share your personal information if you give us your permission, and then only to the extent of your consent.

As a Part of Aggregated Data - We share aggregated and anonymized information to demonstrate and evaluate our Services. This information does not contain information that may reasonably be used to identify a particular student or individual.

How You Can View, Edit, or Delete Your Information

Students’ information obtained from schools remain the property of, and are under the control, of schools pursuant to this privacy policy and our Terms of Service. Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil’s records and correct erroneous information by contacting us at privacy@ThinkCERCA.com. If you are the parent of a child under the age of 13, you can also instruct us to refrain from the further collection or use of personal information relating to your child, or request a copy of the information collected from your child or student, by emailing us at privacy@ThinkCERCA.com with your request.

Teachers and school officials can view and modify their student’s ThinkCERCA profiles and the information on the Service at any time. Moreover, teachers and schools can request the deletion of students’ or teachers’ accounts and information relating to the Service, by submitting a request to ThinkCERCA at support@ThinkCERCA.com. We will delete associated with specific names, usernames or contact information subject to schools’ direction and any legal obligations that require data retention for a period of time.

Message Content

ThinkCERCA’s learning environment is incredibly interactive! In fact, the ability of our platform to allow students to share their creative content with teachers is just one of the many features that makes us so unique. That said, we do not monitor, review, or exercise any control over the resources used when using the Service (though we reserve the right to block resources that we reasonably believe may subject us or our Users to liability). Accordingly, this Privacy Policy does not govern personal information included in the content of resources used on the Service. We encourage you to avoid including personally identifiable information about yourself or others in resources and lessons that will be shared or made public, and we encourage teachers to talk with their students about not including sensitive personal information in any resource or lesson used on the Service.

Security

We take precautions to maintain the security, integrity, and confidentiality of personal information you submit to the Service, including storage of your profile and personal information on a secure server behind a firewall. This includes designating and training responsible individuals on ensuring the security and confidentiality of pupil records by:

• Storing all student data on a set of encrypted-at-rest databases.

• Our database safety measures include paranoid system configurations, automatic security patch application, regular intrusion tests, and required SSL-encrypted connections from all clients.

• Any publishing of student data is done with an MD5 (message-digest algorithm widely used cryptographic hash function producing a 128-bit hash value) created user id so that the data is not identifiable in any way.

• All of our data is sent via HTTPS (HTTP over SSL) as part of any system interaction with students, teachers, and principals.

Although we take great measures to ensure the security of the personal information entrusted to us, no company can guarantee there will never be a security breach. If there is ever such a breach, please know we will do everything we can to protect your information.

International Users

Our Sites are operated and managed on servers located within the United States. Therefore, if you use Services from another region, you acknowledge that you are transferring your personal information to the United States and consent to such transfer.

Modifications to this Privacy Policy

We may modify this Privacy Policy at any time. If your child or school maintains an account for the Service, we will notify the parent or school/faculty member at the email address provided at the time of account registration, of any material modifications to our Privacy Policy. Other modifications are indicated by a change to the “Last Updated” date at the beginning of the Policy. All changes are effective immediately for new Users, and within fifteen days of posting or email notification for existing Users.

Modifications to this Privacy Policy

If you have any questions about our Privacy Practices or would like to access your records, please contact us at privacy@ThinkCERCA.com or call us at 708-79-CERCA.

Terms of Service

These terms and conditions of use are a legal agreement (this “Agreement”) between you (“You” or “Your”) and ThinkCERCA.com, Inc., with offices at 515 N. State St., 13th Floor, Chicago IL 60654 (“ThinkCERCA” or “we”, “us” or “our”), establishing terms and conditions under which You will access and use the services and features (the “ThinkCERCA Services”) available on ThinkCERCA’s website located at ThinkCERCA.com and all related sub-domains, tools and services or through downloadable applications we make available to you (collectively, the “Website”). By using the Website and Services, You unconditionally agree to the terms and conditions set forth in this Agreement and the ThinkCERCA Privacy Policy available on the Website. We may update these Terms and Conditions of Use or our Privacy Policy at any time, and Your continued usage of the Website after an update constitutes Your acceptance of any revisions to these Terms and Conditions of use or our Privacy Policy.

1. USERS; GENERAL ACCESS. You may be accessing and using the Website as (i) an administrator, teacher or staff member (“Educator”) of a school or other educational facility (“School”), (ii) a student enrolled at a School (“Student”) or (iii) a parent or legal guardian of a Student (“Parent”). Your right to use the Website is limited in scope, revocable, personal, non-transferable and non-exclusive. You are responsible for obtaining any equipment and Internet service necessary to access the Website and services provided by ThinkCERCA (“Services”). You acknowledge that the Website is evolving and that the form and nature of the Website, including the Services accessible via the Website, may change from time to time without notice to You. If there is a separate, signed agreement between You, or the School that You work for, or at which You or Your child is a Student at, and us a (“Signed Agreement”), the Signed Agreement takes precedence over this Agreement regarding any inconsistent terms.

2. ACCESS AND USE TERMS.

(a) General Access and Use Rights. Subject to the terms and conditions of this Agreement, ThinkCERCA hereby grants to You, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Website solely (i) if You are an Educator, to educate Students at the School at which You are employed; (ii) if You are a Student, for your personal educational use; and (iii) if You are a Parent, for the purpose of monitoring Your Student’s use of the ThinkCERCA Services. For Educators, Students or Parents, Your access to the Website must be via login credentials to be provided by ThinkCERCA or the applicable School (“Login Credentials”). You agree that You are responsible for protecting Your Login Credentials from unauthorized use, and You are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if You believe that any of Your Login Credentials have been or may be used without Your permission so that appropriate action can be taken. You may not (i) create more than one account to access the Website, (ii) share your Login Credentials with any third party or (iii) transfer your account on the Website to any third party. ThinkCERCA is not responsible for any loss or damage caused by, or expense incurred by You as a result of, Your failure to safeguard Your Login Credentials. You agree that You shall not rent, resell, or to remarket the ThinkCERCA Services or to provide access to the ThinkCERCA Services to any third party. ThinkCERCA may terminate any Login Credentials in its sole discretion; You may not be entitled to create a new account to access the Website if your prior Login Credentials have been terminated by ThinkCERCA.

(b) Your Submissions of Content. You represent and warrant to us that You have the right to provide all content that you submit to the ThinkCERCA Services (the “Submissions”) for the purposes of this Agreement. Subject to any restrictions which the ThinkCERCA Services enable You to establish when You submit a Submission, You hereby grant to ThinkCERCA and any and all third parties the right to view and distribute such Submissions without restriction and You acknowledge that such Submissions may be widely disseminated and viewed by large numbers of people, including without limitation other Students, Educators or Parents at the applicable School.

(c) Privacy; Rights in Your Data. You will own any data or information that You submit to the Website, and all such information is subject to our Privacy Policy. You hereby represent and warrant that (i) all data You submit to ThinkCERCA or the Website (“Your Data”) will be true and correct and (ii) You have the right to provide any and all of Your Data that You provide for the purposes of this Agreement. You hereby grant to ThinkCERCA a perpetual, irrevocable, royalty-free right to use Your Data and Submissions for any purpose, subject in all respects to our Privacy Policy. If You object to Your Data being used in a manner permitted by this Agreement and the Privacy Policy, please do not use this Website. Upon termination of Your Login Credentials for any reason, You may no longer have access to any of Your Data or Submissions that You provided to the Website, subject to the terms of any Signed Agreement between Your School and us.

(d) Usage by Children. Parents must agree to this Agreement on behalf of their children who are Students prior to any use of the ThinkCERCA Services by their children. If You are a Parent and You do not agree to the use of the ThinkCERCA Services by Your children, please notify ThinkCERCA at support@ThinkCERCA.com with your Login Credentials and we will immediately terminate the Login Credentials of Your children who are Students.

(e) Term. This Agreement shall be in effect from the date that You click on “CREATE ACCOUNT” and shall continue to be in effect until the first to occur of (x) the expiration or termination of the Signed Agreement; (y) Your request in writing that we terminate this Agreement and Your Login Credentials; or (z) ThinkCERCA’s revocation of Your Login Credentials. ThinkCERCA reserves the right to discontinue or cease any of all Services provided by this Website, and this Agreement, at any time in our sole discretion. Sections 2(c), 2(d), 2(e), and 4 through 9 of this Agreement shall survive the expiration or termination of this Agreement according to their terms.

3. STANDARDS OF CONDUCT AND APPLICABLE LAW.

(a) Conduct. You may not use this Website or ThinkCERCA Services to:

1. post any Submissions or transmit via or through the Website any information, data, text, images, files, links, software, chat, communication or other content that is, or which ThinkCERCA considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
2. sell or promote any products or services that are unlawful in the location at which the Submission is posted or received;
3. sell or promote controlled pharmaceutical substances, tobacco, firearms or alcoholic beverages;
4. introduce viruses, worms, Trojan horses and/or harmful code to the Website or on the Internet;
5. display material that exploits children under 18 years of age;
6. post any Submissions or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property rights of any third party;
7. promote, solicit or participate in multi-level marketing or pyramid schemes;
8. harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
9. impersonate any other person, including but not limited to an Educator at the School, a Student, a Parent, ThinkCERCA official, expert or bulletin board leader, guide or host;
10. post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
11. post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests;
12. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website or in connection with Your use of the Website, in any manner;
13. invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; or
14. collect, save or otherwise download content from our Website using automated means such as bots, robots or scrapers.

ThinkCERCA reserves the right, without prior notice and in its sole discretion, to decide whether Submissions violate this Agreement for any of the above reasons or for any other reason, and if ThinkCERCA does so, to remove such Submissions which You post to the ThinkCERCA Services and/or terminate Your access the ThinkCERCA Services. We reserve the right to remove any Submissions from the ThinkCERCA Services at any time in our sole discretion.

(b) Applicable Law. Your use of the ThinkCERCA Services and this Website is subject to all applicable, local, state, national laws and regulations. You may only use the ThinkCERCA Services and this Website for lawful purposes. You shall not use or allow others to use this Website in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy. If You share content using the ThinkCERCA Services, whether as a Submission, Your Data or otherwise, then You are solely responsible for ensuring that such content conforms to the standards of conduct set forth herein.

4. INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS.

(a) Restrictions. You shall not, and shall not permit any person or entity to: (i) use the ThinkCERCA Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the ThinkCERCA Services; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the ThinkCERCA Services or any software component of the ThinkCERCA Services; (iv) use, or allow the use of, the ThinkCERCA Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (v) act in a fraudulent, tortious, malicious, or negligent manner when using the ThinkCERCA Services; or (vi) circumvent or disable ThinkCERCA’s copyright protection mechanisms or license management mechanisms.

(b) Ownership. You acknowledge that the structure, organization, intellectual property such as trademarks or trade secrets and code used in conjunction with the ThinkCERCA Services and this Website are proprietary to ThinkCERCA and that ThinkCERCA and/or its licensors retain exclusive ownership of the Website, ThinkCERCA Services, documentation, and any other intellectual property rights relating to the Website or the ThinkCERCA Services, including all modifications, enhancements, derivatives, and other software and materials relating to the Website or the ThinkCERCA Services, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available the ThinkCERCA Services including any modifications, enhancements, derivatives, and other software and materials provided hereunder by ThinkCERCA or copies thereof to others in violation of this Agreement. As noted above, student records obtained by ThinkCERCA from schools, districts, and local education agencies remain the property and are under the control of the disclosing entity pursuant to our Privacy Policy and these Terms of Service.

(c) No Other Rights. Except as expressly set forth in this Agreement or other written agreement between You and ThinkCERCA, no license or other right in or to the Website, Services or content is granted to You, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.

(d) Suggestions. If You provide any feedback, improvements or other suggestions (collectively, “Suggestions”) to ThinkCERCA for improvements to the Website or ThinkCERCA Services, You hereby grant to ThinkCERCA a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with the Website, ThinkCERCA Services and any other products or services.

5. LIMITED WARRANTY.

(a) Mutual Warranties; Disclaimer. Each of You and us represents and warrants to the other party that such party has the legal power to enter into this Agreement.
ThinkCERCA does not warrant or represent that the ThinkCERCA Services or the Website will be error-free, uninterrupted or secure.

(b) Disclaimers. You acknowledge that the Website and ThinkCERCA Services are provided “AS IS” and is based in part on Submissions provided by Students and Educators, which are not verified by ThinkCERCA, and that any content acquired through the use of the Website is at Your sole risk and discretion. ThinkCERCA and its suppliers are not liable or responsible for any results generated through the use of the Website. EXCEPT AS SET FORTH IN THIS SECTION 5, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT.

(c) Exclusion for Specific Jurisdictions. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You.

6. LIMITATION OF LIABILITY.

(a) Limitation. ThinkCERCA’s aggregate liability for all claims arising from this Agreement, cumulatively between You and ThinkCERCA, shall not exceed one hundred United States dollars ($100). Further, ThinkCERCA shall not be liable for any property damage caused by the use of the Website or ThinkCERCA Services, reports produced through the use of the ThinkCERCA Services or by any errors, delays or failures of the Website or the ThinkCERCA Services.

(b) Disclaimer. IN NO EVENT SHALL THINKCERCA, ITS LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE OR THINKCERCA SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THINKCERCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(c) No Liability to any Third Party. TO THE MAXIMUM PERMITTED EXTENT, THINKCERCA DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE WEBSITE OR THINKCERCA SERVICES BY ANYONE OTHER THAN YOU.

7. INDEMNIFICATION.

(a) By You. You shall indemnify and hold ThinkCERCA, its directors, officers, employees, suppliers, agents, successors, and assigns harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by (i) Your Submissions or referrals hereunder, (ii) Your use of the Website and/or ThinkCERCA Services; (iii) Your use of any Submissions that You acquire via the Website or ThinkCERCA Services and/or (iv) Your gross negligence or willful misconduct.

(b) By ThinkCERCA. ThinkCERCA shall indemnify and hold You harmless from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by a claim alleging that the ThinkCERCA Services (excluding all Submissions) directly infringes a copyright, a U.S. patent issued prior to the commencement of the term of this Agreement or a trademark of any party.

(c) Procedure. A party’s obligations to indemnify the other party with respect to any third party claim, action or proceeding shall be conditioned upon the indemnified party: (i) providing the indemnifying party with prompt written notice of such claim, action or proceeding, (ii) permitting the indemnifying party to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by the indemnifying party, and (iii) cooperating at the indemnifying party’s request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information. No indemnified party shall enter into any settlement agreement for which it will seek indemnification under this Agreement from the indemnifying party without the prior written consent of the indemnifying party. Nothing herein shall restrict the right of a party to participate in a claim, action or proceeding through its own counsel and at its own expense.

8. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT. If You believe any materials accessible on or from this Website infringe Your copyright, You may request removal of those materials (or access thereto) from this Website by contacting ThinkCERCA’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that You believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that You have supplied is accurate, and indicating that under penalty of perjury, You are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
   ThinkCERCA’s agent for copyright issues relating to this Website is as follows:
   
   Copyright Agent
   ThinkCERCA.com Inc.
   980 N. Michigan
   Suite 1400, PMB 228
   Chicago, IL 60611
   Tel: 224-412-3722
   Fax: 312-602-4944
   E-mail: support@ThinkCERCA.com
   
   In an effort to protect the rights of copyright owners, ThinkCERCA maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

9. MISCELLANEOUS.

(a) Governing Law; Dispute Resolution. This Agreement shall be governed by the laws of the State of Illinois, excluding: (i) its conflicts of laws principles to the extent such principles would apply the laws of any other jurisdiction; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All legal actions concerning this Agreement shall be brought in a court located in Chicago, Illinois, provided that any party hereto may seek equitable relief in any jurisdiction. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Chicago, Illinois, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You and ThinkCERCA shall appoint as sole arbitrator a person mutually agreed by You and ThinkCERCA or, if You and ThinkCERCA cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award, order of enforcement. Notwithstanding the foregoing, ThinkCERCA shall be entitled to seek injunctive relief, security or other equitable remedies from any court of competent jurisdiction.

(b) Links to Third-Party Web Sites. This Website may contain links to non-ThinkCERCA websites. These links are provided to You as a convenience, and ThinkCERCA is not responsible for the content of any linked web site. Any non-ThinkCERCA web site accessed from this Website is independent from ThinkCERCA, and ThinkCERCA has no control over the content of that website. In addition, a link to any non-ThinkCERCA website does not imply that ThinkCERCA endorses or accepts any responsibility for the content or use of such website.

(c) No Implied Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by ThinkCERCA of that third party or of any product or service provided by a third party.

(d) Assignment. You may not assign or transfer this Agreement in whole or in part to any third party. This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns.

(e) Independent Contractors. ThinkCERCA and You are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.

(f) Entire Agreement; Amendments. This Agreement, together with the Privacy Policy, any Signed Agreement, and any other terms and conditions set forth on ThinkCERCA’s Website, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended except by a writing signed by both parties or by an updated Agreement posted on the Website by ThinkCERCA in its sole discretion.

(g) Export Restrictions. The laws of the United States of America prohibit the export of certain products, software, and data to particular persons, territories and foreign states. Nothing from this Website may be exported, in any way, in violation of United States law.

(h) Headings; Severability. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

For Additional Information

If You have any questions about the rights and restrictions above, please contact us by email at support@ThinkCERCA.com.

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