Legal

Updated December 12, 2007

Acceptance of Terms

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE OR REGISTERING TO RECEIVE ANY WHITE PAPERS OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. THESE TERMS OF USE INCLUDE THE PRIVACY AND SECURITY POLICIES APPLICABLE TO PERSONAL INFORMATION COLLECTED THROUGH THE SITE. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE.

Thinking Beyond, LLC a Virginia limited liability company (“Thinking Beyond”), makes this website (the “Site”), including all information, documents, communications, files, text, graphics, and other materials available through the Site (collectively, the “Content”) available for your use subject to the terms and conditions set forth in these Terms of Use and any changes Thinking Beyond may publish from time to time. Thinking Beyond reserves the right to delete, modify or supplement the Content at any time and for any reason without notifying anyone about such Content changes. Thinking Beyond also reserves the right to change or discontinue, at any time, any aspect or feature of this Site.

Similarly, Thinking Beyond reserves the right to change these Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site or any Content accessible through it after such changes have been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use and any rules or guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Content downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Personal Information and Privacy

We will collect information from you only if you request access to certain Content, such as white papers, case studies or other materials Thinking Beyond may make available on this Site. To receive such Content, we will ask for your name and certain business contact information. We may use that information to obtain your feedback regarding the materials you have accessed or to understand your needs and interests so we can serve you better. We will not sell, rent, lend or otherwise transfer your personal information to any third party except as expressly set forth in these Terms of Use. We will use commercially reasonable efforts to protect the privacy and security of your personal information. Any non-personal information or material sent to Thinking Beyond will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Thinking Beyond or others.

Intellectual Property; Limited License

The Content on this Site, as well as its selection and arrangement, is protected by copyright, trademark, patent, or other intellectual property laws, and any unauthorized use of the Content on this Site may violate such laws and these Terms of Use. Except as expressly provided below, Thinking Beyond and its suppliers do not grant any express or implied rights to use the Content. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Content, or their selection and arrangement, except as expressly authorized in these Terms of Use. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Content available on this Site subject to the following conditions:

1. You may use the Content solely for personal, informational, and internal business purposes.
2. You may not modify or alter the Content in any way.
3. You may not distribute, sell, rent, lease, license or otherwise transfer the Content to others.
4. You may not remove any copyright or other proprietary notices contained in the Content.

The rights granted to you constitute a license and not a transfer of title. Thinking Beyond reserves the right to revoke the authorization to view, download, and print the Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Thinking Beyond.

The rights specified above to view, download, and print the Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trademark, trade dress and other laws and may not be copied or imitated in whole or in part.

Trademarks

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Thinking Beyond or other third parties. You are not permitted to use the Marks without the prior written consent of Thinking Beyond or the third party owner of the Marks, as applicable.

Prohibited Communications

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

User Conduct

In using the Site, including all Content available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from Thinking Beyond; not to access or attempt to access any Content you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Third Party Sites and Services

In addition to the Content offered by Thinking Beyond, this Site may also provide links or references to other web sites or otherwise make available materials, information, or services provided by third parties. Any links to Third Party Sites are merely a convenience to the users of this Site. You understand and acknowledge that (i) Thinking Beyond does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) Thinking Beyond makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Thinking Beyond shall not be liable or responsible for any content, products, or services offered by third parties.

No Warranties

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THINKING BEYOND OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE, AND ALL CONTENT ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. Without limiting the foregoing, Thinking Beyond makes no representation or warranty that: (i) the Content will be accurate, reliable, complete, current or timely; (ii) the Content will meet your requirements; (iii) access to the Site or the Content will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Content will be effective, accurate, or reliable; (v) the quality of any Content obtained or accessible by you through the Site will meet your expectations; or (vi) any errors in the Content obtained through the Site, or any defects in the Site or Content, will be corrected.

This Site may include technical or other mistakes, inaccuracies, or typographical errors. Thinking Beyond may make changes to the Content at this Site at any time without notice. The Content at this Site may be out of date, and Thinking Beyond makes no commitment to update such Content.

The use of the Site or the downloading or other use of any Content available through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Thinking Beyond assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Content offered through the Site. No advice or information, whether oral or written, obtained by you from Thinking Beyond or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

Limitation of Liability

IN NO EVENT SHALL THINKING BEYOND, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THINKING BEYOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR CONTENT, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE.

Indemnification

By using the Site, you agree to indemnify and hold Thinking Beyond, and its affiliates, officers, directors, agents, partners and employees, harmless from any claim, suit, action, or demand (as well as any resulting reasonable attorneys’ fees), made by any third party arising out of or alleged to result from, your use of or connection to the Site, including, without limitation, any content you submit, post to, or transmit through the Site (including, without limitation, any computer viruses), your violation of these Terms of Use, or your violation of any rights of another person or entity. Thinking Beyond will provide you prompt notice of any such claim, suit, action or proceeding and will reasonably cooperate with you, at your expense, in your defense of any such claim, suit, action or proceeding.

Governing Law and Jurisdiction

This Site (excluding linked sites) is controlled by Thinking Beyond from its offices within the Commonwealth of Virginia, United States of America. By accessing this Site, you and Thinking Beyond agree that all matters relating to your access to or use of this Site shall be governed by the statutes and laws of the Commonwealth of Virginia without regard to conflicts of laws principles. You and Thinking Beyond also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the County of Fairfax in the Commonwealth of Virginia with respect to such matters.

General

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Thinking Beyond and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Thinking Beyond to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision. The headings used in these Terms of Use are included by convenience only and will not limit or otherwise affect these Terms of Use.

Copyright © 2007/2009, Thinking Beyond, LLC

Thinking Beyond, LLC, 8229 Boone Blvd., Suite 365, Vienna, VA 22182
Phone: 703.740.1111; Fax: 703.656.4799