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Terms of Use of this web site

   Welcome to the 1st Thinking, Inc. ("1st Thinking") Web site (the "Site"). The following are terms of a legal agreement between you and 1st Thinking.  By accessing this Site, you acknowledge that you have read, understood, and agree, to be bound by the following terms and to comply with all applicable laws and regulations . We may revise the Terms of Use and Privacy Policy at any time without notice to you.

1. Use of Web Site Information
   You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of 1st Thinking.

2. Accuracy of Web Site Information
   Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. 1st Thinking may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

   1st Thinking assumes no responsibility regarding the accuracy of the information that is provided by 1st Thinking and use of such information is at the recipient's own risk. 1st Thinking provides no assurances that any reported problems may be resolved with the use of any information that 1st Thinking provides.

3. Use of Software
   Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and 1st Thinking. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

4. Data privacy and security
   You are responsible for maintaining the confidentiality of any documents or comments provided to 1st Thinking for any purpose including sales and/or technical support. Any information passed to 1st Thinking will be deemed NOT to be confidential. By sending 1st Thinking any information or material, you grant 1st Thinking an unrestricted irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that 1st Thinking is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name unless we obtain permission from you to do so. Refusing to release your name will not prohibit 1st Thinking from using any materials without your name.

   You are responsible for mainting the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify 1st Thinking immediately of any unauthorized use of your password(s).

   1st Thinking is committed to the protection of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

   Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

5. Termination of Use
   You agree that 1st Thinking may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by 1st Thinking.

6. Third Party Web Sites, Content, Products and Services
   This Site may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site ("Third Party Content"). 1st Thinking makes no representations whatsoever about any other Web site which you may access through this one. When you access a Third Party Content, even one that may contain the 1st Thinking-logo, please understand that it is independent from 1st Thinking, and that 1st Thinking has no control over the content on that Web site. In addition, a link to a Third Party Content does not mean that 1st Thinking endorses or accepts any responsibility for the content, or the use, of such Web site. You should refer to the policies posted by the Third Party Content provider regarding privacy an other topics before you use them. You agree that 1st Thinking is not responsible for Third Party Content accessible through this Site and understand that you bear all risks associated with the use of such content. You are responsible for taking any precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

7. Disclaimer
   EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 1ST THINKING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 1ST THINKING MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

   ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. 1ST THINKING SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

   1ST THINKING RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

8. Limitation of Liability
   IN NO EVENT SHALL 1ST THINKING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnity
   You agree to defend, indemnify and hold harmless 1st Thinking, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

10. Privacy Policy
   1st Thinking is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at www.1stThinking.com/corporate/privacyPolicy.aspx.

11. Applicable Laws

   All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Maryland. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Montgomery County, Maryland. You and 1st Thinking agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

12. Copyright/Trademark Information
   Copyright © 2005-2011, 1st Thinking, Inc.. All rights reserved.

   All names appearing on the Site may be trademarks of 1st Thinking, Inc or their respective owners.

Copyright © 2005-2011, 1st Thinking, Inc., All Rights Reserved Top