- Welcome to www.thinkindoor.com (the Site). This Site is provided by Think Indoor, LLC, a limited liability company organized under the laws of the State of Delaware, with its principal place of business at 100 West 10th Street, Suite 100, Wilmington, DE 19801, USA (Think Indoor).
- The following Terms and Conditions of Use (these Terms) govern your use of the Site. Please read these Terms carefully. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
- These Terms are subject to change by Think Indoor at any time in its sole discretion. Any changes to these Terms will be effective immediately upon the posting of the revised Terms on the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are advised to check the Terms periodically for changes.
- The Site is intended for use by individuals who are at least 18 years old. If you are under 18 years old, you may not use the Site.
- The Site is a platform for indoor growers and home gardeners to connect with each other and to find and share information about indoor gardening.
- To access and use the Site, you must register and create an account (Account). You must provide accurate and complete information when you register for an Account and keep your Account information up-to-date. You are solely responsible for the activity that occurs on your Account, and you must keep your account password confidential and secure. You may not share your Account with anyone, and you must notify Think Indoor immediately of any unauthorized use of your Account.
- You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations applicable to your use of the Site and your Content (as defined below).
- You are solely responsible for your conduct and any data, text, information, usernames, graphics, photos, profiles, audio and video clips, links, and other content or materials (Content) that you submit, post, or display on or via the Site.
- You may not use the Site to:
• Post or transmit any Content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable;
• Post or transmit any Content that is illegal or that violates the rights of others, including without limitation, Content that infringes the intellectual property rights of others;
• Post or transmit any Content that you do not have a right to post or transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• Post or transmit any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
• Intentionally or unintentionally violate any applicable local, state, national, or international law;
• Stalk or otherwise harass another user of the Site; or
• Collect or store personal data about other users of the Site without their consent.
- You grant Think Indoor a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Content throughout the world in any media. You grant Think Indoor the right to use your name and likeness in connection with your Content.
- The Site contains Content of Think Indoor and Content of users of the Site (User Content), and Think Indoor claims no ownership or control over any User Content. You acknowledge that you are solely responsible for all User Content that you post, upload, or otherwise make available via the Site.
- You understand that by using the Site, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate, or misleading. You agree that you use the Site at your own risk and that Think Indoor shall not be liable for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded, or otherwise made available via the Site.
- Think Indoor does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any Content or communications posted on the Site or endorse any opinions expressed on the Site. You acknowledge that any reliance on material posted on the Site will be at your own risk.
- Think Indoor has the right, but not the obligation, to monitor and edit or remove any Content that it determines in its sole discretion to be harmful, offensive, or otherwise in violation of these Terms or Think Indoor’s policies.
- The Site may contain links to third-party websites or resources. You acknowledge and agree that Think Indoor is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Think Indoor of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Think Indoor may, in its sole discretion and at any time, modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Think Indoor shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
- Think Indoor reserves the right, in its sole discretion, to terminate your access to the Site and/or your Account at any time and for any reason, including but not limited to, if Think Indoor believes that you have violated these Terms or Think Indoor’s policies.
- You acknowledge that Think Indoor has no obligation to monitor your access to or use of the Site or to edit, delete, or refuse to post any Content, but that Think Indoor has the right to do so. Think Indoor reserves the right, at any time and without prior notice, to remove or disable access to any Content that Think Indoor, in its sole discretion, considers to be in violation of these Terms or Think Indoor’s policies.
- The Site and all Content on the Site are provided as is and as available without warranty of any kind, whether express or implied. To the fullest extent permitted by applicable law, Think Indoor disclaims all warranties, whether express or implied, including but not limited to any warranty of title, merchantability, fitness for a particular purpose, or non-infringement.
- You acknowledge and agree that if you download or use the Site, you do so at your own risk and that you will be solely responsible for any damage to your device or loss of data that results from such download or use.
- To the fullest extent permitted by applicable law, in no event shall Think Indoor or its affiliates, directors, officers, employees, or agents be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the use of or inability to use the Site, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether Think Indoor knew or should have known of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise.
- You agree to defend, indemnify, and hold Think Indoor and its affiliates, directors, officers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, or expenses, including but not limited to reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site; (ii) your Content; or (iii) your violation of these Terms.
- These Terms shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
- Any and all disputes, claims, and causes of action arising out of or relating to the Site or these Terms shall be resolved exclusively by the state or federal courts located in the State of Delaware.
- Except as set forth herein, the failure of Think Indoor to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
- These Terms constitute the entire agreement between you and Think Indoor with respect to your use of the Site and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Think Indoor with respect to your use of the Site.
- A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- The section titles in these Terms are for convenience only and have no legal or contractual effect.
- These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Think Indoor.
- You may not assign, transfer, or delegate these Terms or your rights or obligations hereunder without Think Indoor’s prior written consent. Any attempted assignment, transfer, or delegation by you without the appropriate prior written consent of Think Indoor will be null and void. Think Indoor may freely assign, transfer, or delegate these Terms or its rights or obligations hereunder without your consent.
- Think Indoor’s failure to require your performance of any provision hereunder shall not affect Think Indoor’s full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereunder be taken or held to be a waiver of any subsequent breach of such provision or a waiver of the provision itself.
- These Terms are not for the benefit of any third party.
- The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.