Think Data Group Site Terms & Conditions
Last Updated: October 23, 2024
PLEASE READ AND REVIEW THINK DATA GROUP’S TERMS AND CONDITIONS ("TERMS”) CAREFULLY. THE TERMS FORM A LEGAL AND BINDING AGREEMENT BETWEEN NEW GOLD VENTURES, LLC DBA THINK DATA GROUP, A MASSACHUSETTS LIMITED LIABILITY COMPANY (“THINK DATA GROUP” OR “WE”), AND THE USER OF THIS SITE (“YOU”) TOGETHER WITH THINK DATA GROUP, THE “PARTIES”, AND EACH, A “PARTY”. YOUR RIGHT TO ACCESS AND USE OUR WEBSITE (THE “SITE”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH ALL OF THE TERMS SET FORTH HEREIN.
THINK DATA GROUP’S PRIVACY POLICY IS AVAILABLE HERE. (“PRIVACY POLICY”) WHICH SETS OUT HOW THINK DATA GROUP COMPLIES WITH APPLICABLE DATA PROTECTION LAWS.
1. Scope of Work.
Think Data Group is a data broker specializing in consumer goods data. We do not sell personal information (as defined in our Privacy Policy) collected through our Site. We buy and sell personal information from our clients (“Client Data”) subject to separate agreements with them; these Terms do not apply to, and are subservient to, any agreements we have with Clients (as defined in our Privacy Policy).
2. Reservation of Rights.
Think Data Group is and shall remain the sole and exclusive owner of all right, title, and interest in and to the Site and any statistical and performance information related to the provision and operation of the Site (“Resultant Data”), any inventions, creative works, or tangible embodiments of Feedback (defined below) reduced to practice, conceived, developed, created, produced, or authored by or on behalf of Think Data Group, and all patent, copyright, trademark, trade secret, database protection, and intellectual property and proprietary rights (“Intellectual Property Rights”) in or related to the foregoing. Without limiting Think Data Group’s rights, You hereby acknowledge Think Data Group’s right to collect, develop, use and authorize others to use Resultant Data.
3. Changes to Services and Terms.
Think Data Group reserves the right, in its sole discretion, to make any changes to the Site, in whole or in part, that it deems necessary or useful, including without limitation: (a) to maintain or enhance: (i) the quality or delivery of Think Data Group's services to its Clients (“Services”); (ii) the competitive strength of or market for Think Data Group's Services; or (iii) the Site or Services’ cost efficiency or performance; or (b) to comply with any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement of any federal, state, local, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction (“Law”).
Think Data Group has the right to modify these Terms at any time and for any reason, including as its business evolves and as may be necessary, in Think Data Group’s sole discretion. If Think Data Group materially modifies the Terms, Think Data Group will give notice that the Terms have been modified by updating the “Last Updated” date below. Material modifications will become effective on the date set forth in Think Data Group’s notice and all other modifications will become effective upon posting on the Site. You hereby agree to comply with and be bound by all terms and conditions in the Terms in effect at the time you access or use the Site.
4. Suspension of Access.
Think Data Group may suspend or otherwise deny you access to the Site for any reason, without incurring any resulting obligation or other liability and with or without notice to You, including if: (a) required by applicable Law or Think Data Group receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Think Data Group to do so or (b) Think Data Group believes, in its sole discretion, that: (i) you have failed to comply with any term of the Terms or accessed or used (or intends to access or use) the Site for a purpose not expressly authorized by the Terms; or (ii) you have been or are deemed likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with the Site. This provision does not limit any of Think Data Group's other rights or remedies, whether at law, in equity, or under the Terms.
5. Use Restrictions.
You shall not and shall not permit any other person or entity to: (a) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Site, in whole or in part; (b) bypass or breach any security device or protection on the Site; (c) input, upload, transmit, or otherwise provide to or through the Site any information or materials that are unlawful or injurious or contain, transmit, or activate any harmful or disruptive software, hardware, or other technology or device (“Harmful Code”); (d) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Site or Think Data Group's provision of Services to any third-party, in whole or in part; (e) remove, delete, alter, or obscure any trademarks, terms and conditions, or disclaimers, or any copyright, trademark, patent, or other Intellectual Property Right or proprietary rights notices from the Site; or (f) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third-party or that violates any applicable Law.
6. Your Representations and Warranties.
You represent, warrant, and covenant to Think Data Group that (a) you own or otherwise have and will continue to have the necessary rights and consents in and relating to the Client Data and any Feedback so that Think Data Group’s use of such Client Data or Feedback in accordance with the Terms does not and will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights or other rights of any third-party or violate any applicable Law, and (b) you will comply with all of the Terms and any acceptable use policies issued by Think Data Group, and (c) you will not provide Think Data Group with (i) personal information that constitutes “sensitive personal data” or “sensitive personal information,” under applicable law, including information about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, government issued identification numbers, credit card details, or precise geolocation information; (ii) PCI-related sensitive data (including but not limited to magnetic strips and chip data, CAV2/CVC2/CVV2/CID4 numbers, and personal identification numbers (PINs)); (iii) Protected Health Information (as the term is defined in the Health Insurance Portability and Accountability Act of 1996 (as amended, superseded or replaced) or Consumer Health Data (as defined in the Washington My Health My Data Act), or (d) criminal records.
7. THINK DATA GROUP’S DISCLAIMER OF WARRANTIES. THE SITE AND SERVICES ARE PROVIDED "AS IS." THINK DATA GROUP SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANITES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, THINK DATA GROUP MAKES NO WARRANTY OR REPRESENTATIONS OF ANY KIND THAT THE SITE OR SERVICES WILL MEET YOUR OR ANY OTHER PERSON'S OR ENTITIES’ REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, ACCESSIBLE, AVAILABLE, COMPLETE, TIMELY, FREE OF HARMFUL CODE, OR ERROR FREE. THINK DATA GROUP DOES NOT MAKE ANY ASSURANCES, REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE ACCURACY OF THE SITE OR SERVICES THAT DERIVES FROM YOUR USE OF THE SAME.
8. Limitations of Liability.
8.1 EXCLUSION OF DAMAGES.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THINK DATA GROUP BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE, LOSS OF USE, OR INTERRUPTION OR DELAY OF THE SITE OR SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF CLIENT DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL OR REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, TREBLED, ENHANCED, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, REGARDLESS OF WHETHER THINK DATA GROUP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8.2 CAP ON MONETARY LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE, AGGREGATE LIABILITY OF THINK DATA GROUP, ITS EMPLOYEES, AGENTS, INVESTORS, CONTRACTORS, OR OTHER AFFILIATED PARTIES ARISING OUT OF OR RELATED TO THE SITE, SERVICES, OR TERMS, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED $5. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT THESE LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THINK DATA GROUP. IF ANY PORTION OF THIS SECTION 8 IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Term; Cancellation and Termination.
The term of these Terms shall begin on the date you first access the Site and shall expire at the earlier of your cessation of use of the Site or our termination of these Terms for any reason. Notwithstanding anything contained in the Terms, Think Data Group reserves the right, without notice and in its sole discretion, to immediately terminate right to access and use the Site or Services for any or no reason, including, any violation of the Terms by you. You acknowledge and agree that Think Data Group shall have no liability or obligation to you in the event Think Data Group terminates the Terms and/or your use of the Site.
10. Consent. By providing your contact information through our Site, you agree to be contacted by us for marketing purposes. We will not sell your email addresses collected through our Site; you may unsubscribe at any time using the footer link in each email.
11. Feedback.
You have no obligation to provide Think Data Group with feedback, ideas, suggestions, or proposals (“Feedback”). You hereby grant Think Data Group a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, create derivative works from, publicly perform, and otherwise exploit any Feedback you submit to Think Data Group without notice or compensation to you. Any inventions, creative works, or tangible embodiments of Feedback reduced to practice, conceived, developed, or authored by or on behalf of Think Data Group shall be owned by Think Data Group, including any and all Intellectual Property Rights, and you hereby irrevocably assign, and shall cause any employees, offices or other personnel to assign, to Think Data Group and its successors and assigns any and all right, title and interest they may have in and to any such inventions, creative works, or tangible embodiments of Feedback and all Intellectual Property Rights thereto.
12. Miscellaneous.
12.1 Relationship of the Parties.
The relationship between the Parties is that of independent contractors and not employees.
12.2 Notices.
All notices to you from Think Data Group may be sent to you via the email address we have on file for you, if any, and shall be deemed to have been duly given the same day sent by Think Data Group. Any notices or communications to Think Data Group must be in writing and sent to: info@thinkdatagroup.com.
12.3 Interpretation.
For purposes of the Terms: (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation". The Parties intend the Terms to be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. The headings in these Terms are for reference only and do not affect the interpretation of the Terms.
12.4 Choice of Law.
These Terms, including all documents and exhibits, schedules, attachments, and appendices attached to this Terms and thereto, and all matters arising out of or relating hereto, are governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts.
12.5 Entire Agreement.
The Terms constitute the sole and entire agreement between you and Think Data Group with respect to the Site and Services and the subject matter of the Terms and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
12.6 Assignment.
Think Data Group may freely assign, transfer or delegate its rights and obligations under the Terms, in whole or in part. You shall not assign or otherwise transfer any of Your rights or delegate or otherwise transfer any of Your obligations or performance under the Terms.
12.7 Contact Us.
New Gold Ventures, LLC d/b/a Think Data Group
Attn: Terms
466 Carpenter Road
Whitinsville, MA 01588
Email: info@ThinkDataGroup.com