Terms of Use

Last updated on February 24, 2020

ThinkThru, Inc. (referred to as “us” or “we”) provides the ThinkThru.co or CourseFactory.co sites and various related services (together referred to as this “Site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are incorporated by reference into these Terms of Use.

These Terms of Use apply exclusively to your access to, and use of, this website and any other website operated and maintained by ThinkThru, and do not alter in any way the terms or conditions of any other agreement you may have with ThinkThru, Inc. (‘ThinkThru’) for products, services, or otherwise.

BY CLICKING “I AGREE”, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

If any of the terms, conditions, and notices contained herein conflict with any other terms and guidelines contained within any particular Company Web Site, then these terms shall control.

1. Modification of Terms of Use

The Company reserves the right to change the terms, conditions, and notices under which the Company Web Sites are offered, including, but not limited to, the charges associated with the use of the Company Web Sites. You are responsible for regularly reviewing these Terms of Use.

2. Description of Services

We provide various services on this Site including, but not limited to, eLearning course development, learning management system (LMS) implementation, consulting or multimedia and video editing. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of service fees associated with such access).

We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third-party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, adding fee-based services, or changes to the services we provide. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have has no control over third-party networks you may access in the course of the use of this Site, so delays and disruption of other network transmissions are completely beyond our control.

3. Permitted Uses of the Websites.

You must use the Site only for the purposes expressly set forth on the Site and in these Terms of Use. Any other use of the Site is prohibited.

Notwithstanding any other provision of these Terms of Use, You must not: (i) access or use the Site for any purpose that is unlawful; (ii) access or use the Site for any purpose that is not expressly permitted by the Site or these Terms of Use; (iii) access or use the Site in any manner that could damage, disable, overburden, or impair any Company computer system, server, or network; (iv) access or use the Site in any manner that interferes with any other person's access or use of the Site; (v) attempt to gain unauthorized access on the Site, other accounts, or any Company computer system, server, or network; or (vi) access or use materials or information through any means not intentionally made available by Company.

Notwithstanding any other provision of these Terms of Use, You must ensure that your use and access of the Site complies with all applicable laws and regulations.

Notwithstanding any other provision of these Terms of Use, You must ensure that your use and access of the Site complies with all applicable laws and regulations.

If You fail to abide by these Terms of Use in any way, or fail to pay any amount owed when due, Company may prohibit you from accessing or using the Site. No action or omission by Company will be deemed to be a waiver of any right or remedy provided under these Terms of Use or under applicable law.

4. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS 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 NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS 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 OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with ThinkThru, Inc. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized ThinkThru, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Use.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Site shall be limited to the amount you paid us for the services on the Site during the twelve-month period before the act or omission giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE, WITH THE DELAY OR INABILITY TO USE THE COMPANY WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE COMPANY WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE COMPANY WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY WEB SITES, OR WITH AN OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY WEB SITES. SERVICE CONTACT hello@thinkthru.co

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID-PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Indemnification

Upon request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

7. Links to Third-Party Sites

The Company Web Sites may contain links to other Web Sites (Linked Sites). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Site or any association with its operators.

8. Use of Forums and Blogs  

The Company Web Sites may contain forums and/or blogs designed to enable you to communicate with the public at large or with a group (collectively, Communication Services). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or label of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
  • Harvest or otherwise collect information about others, including email addresses, without their consent; or
  • Violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services; however, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

9. Materials Provided to the Company or Posted at Any Company Web Site

The Company does not claim ownership of the materials you provide to the Company (including feedback and suggestions) or post, upload, input, or submit to any Company Web Site or its associated services (collectively, Submissions). However, by posting, uploading, inputting, providing, or submitting your Submission(s), you are granting the Company, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

10. Personal and Noncommercial Use Limitation

Unless otherwise specified, the Company Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Company Web Sites.

11. Copyright and Trademark Notices

All contents of the Company Web Sites are: Copyright 2020, ThinkThru, Inc.,  3102 West End Ave., Suite 413, Nashville, TN 37203 All rights reserved.  

All proper names appearing on the Company Web Sites are either trademarks or registered trademarks of the Company. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.  

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, products, person, or event is intended or should be inferred.  

Any rights not expressly granted herein are reserved.

12. Termination/Access Restriction  

The Company reserves the right, in its sole discretion, to terminate your access to any or all Company Web Sites and the related services or any portion thereof at any time, without notice.

13. General  

This Agreement is governed by the laws of the State of Tennessee. You hereby consent to the exclusive jurisdiction and venue of the courts in Davidson County, Tennessee in all disputes arising out of or relating to the use of the Company Web Sites. Use of the Company Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Company Web Sites. The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Company Web Sites or information provided to or gathered by the Company with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

In any action to enforce these Terms of Use, should ThinkThru prevail, it will be entitled to recover its costs, expenses, and attorneys' and paralegals’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third-party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

14. Privacy Policy

We respect the privacy of our customers and encourage you to read our Privacy Policy so that you may make an informed decision about using our website.

15. Contact Information

Except as explicitly noted on this Site, the services available through this Site are offered by ThinkThru, Inc., a Tennessee corporation, at 3102 West End Ave., Suite 413, Nashville, TN 37203 Our telephone number is 1 (615) 883-8999. If you notice that any user is violating these Terms of Use, please contact us at hello@thinkthru.co

16. Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services that are subject to additional or altered terms of use shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. If anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.