Terms & Conditions

Rethinc Website and App Terms of Use

Last updated and effective as of: March 20, 2024

 

Welcome to Rethinc. These terms of use, including any documents, policies, and guidelines incorporated by reference (referred to collectively as the “Terms of Use”), govern the website located at https://www.rethinc.us/, the RethincWork app accessible at https://rethinc1.bubbleapps.io, and any other services that we own and control and that post a link to these Terms of Use (collectively, the “Website”), which are made available by Rethinc (“Company”, “we”, “our” or “us”).  

 

Your access and use of the Website is subject to these Terms of Use, our Privacy Policy, and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms of Use and consent to the collection and use of your data in accordance with our Privacy Policy. If you do not agree, you may not use any portion of the Website. 

 

To participate in certain Website services, we may request that you agree to additional Terms of Use. Unless otherwise provided by the additional Terms of Use applicable to such services in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use.

Please read these Terms of Use carefully. These terms contain an arbitration agreement and class action waiver that require arbitration instead of going to court, and require that all claims be brought individually, not as a class representative or class member.  

 

Accessibility: if you are having any trouble accessing the Website or any associated websites, please contact us at 917-348-2866, 24 hours a day, 7 days a week or via our contact us info@rethinc.us.
 

1. Authorized use of Website.  This Website is provided for your personal and non-commercial use and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. By accessing and using the Website, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.  Any other use of the Website, including the reproduction, modification, distribution, transmission, republication, display or performance of its contents, requires the prior written consent of Company. We make no representations that the content or the Website are appropriate or may be used or downloaded outside the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website.

 

1. Unauthorized use of Website.  You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another website or application. You may not resell use of, or access to, the Website to any third party without our prior written consent.  

 

1. Website uptime. We take all reasonable steps to ensure that the Website is available 24 hours every day, 365 days per year. However, Websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if the Website is unavailable at any time. The Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give you advance warning of maintenance issues, but shall not be obliged to do so.

 

1. Services. The inclusion of any products or services on the Website does not imply or warrant that these products will be available at any particular time or that the listed attributes are accurate or complete. Company may revise, discontinue or modify any products and/or services at any time without prior notice to you, and products and/or services may become unavailable without notice. Unless we state otherwise in writing to you, the products and services on our Website are available only to residents of the United States.

 

1. Corrections.  We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice. 

 

1. Intellectual Property Rights. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Website for your personal use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. In addition, you must not:

 

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.

• Modify copies of any materials from the Website.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: appsupport@rethinc.us. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyright Infringement

If you believe that any user contributions or other materials on the Website violate your copyright, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Websites;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

• Your name, address, telephone number and email address (if available); and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

The Company’s DMCA designated copyright agent for notice of claims of copyright infringement on the Websites is Kate Gerson, and can be reached as follows:

Rethinc

E-mail: info@rethinc.us

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
 

1. No ideas accepted. We do not accept any unsolicited ideas from outside the Company including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our Services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea through this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you. 

 

1. Links; third-party transactions. This Website may contain links to other websites or applications not maintained by Company. Other websites or apps may also reference or link to our Website. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third-party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We encourage you to be aware when you leave our Website and to read the Terms of Use and privacy statements of each website or app that you visit.  We are not responsible for the practices or the content of such other websites or apps. 

 

1. No warranties.  While Company uses reasonable efforts to include up-to-date information on the Website, Company makes no warranties or representations as to its accuracy or completeness. Company assumes no liability or responsibility for any errors or omissions in the content on the Website. Your use of the Website is at your own risk. The Website, including all content made available on or accessed through the website, is provided "as is" and Company makes no representations or warranties of any kind whatsoever for the content on the Website. Further, to the fullest extent permissible by law, Company disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose. Company does not warrant that the functions contained on the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. Company shall not be liable for the use of the Website, including, without limitation, the content and any errors contained therein. In no event will Company be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, or for any direct damages, and/or any other damages resulting your use of the Website, each of which is hereby excluded by agreement of the parties regardless of whether or not either party has been advised of the possibility of such damages.

 

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website.  

 

1. Term. These Terms of Use shall remain in full force and effect while you use the Website. You continue to remain bound by these Terms of Use to the extent you continue to access the Website in any capacity. We reserve the right to suspend or terminate access to the Website, without notice or explanation, for any reason, at any time.

 

1. Waiver by California residents.  If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

 

1. Changes.  All information posted on the Website is subject to change without notice.  In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently.  Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

 

1. Indemnification.  You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Use or applicable law.  

 

1. Severability.  If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

 

1. Waiver; remedies.  The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Use.  The rights and remedies of Company under these Terms of Use and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.

 

1. Governing law; dispute resolution.  The laws of the state of New York shall govern these Terms of Use. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies between you and the Company arising out of these Terms of Use, or the purchase of any products or services (“claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor the terms of these Terms of Use and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice.  In arbitration, however, (i) there is no judge or jury (ii) the arbitration proceedings and results shall be confidential, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.

 

The party filing arbitration must submit claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Company agree in writing. The arbitrator shall apply New York law consistent with the federal arbitration act. You may obtain copies of the current AAA rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.  

 

A single, neutral arbitrator will resolve claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA Rules. The arbitration will follow the AAA’s then-current consumer arbitration rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms of Use, in which case these Terms of Use govern.  The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules.  Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.

 

The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.

 

1. Class action waiver; time bar. You agree that, by entering into this Agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, “private attorney general” action, or other representative proceeding of any kind. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration only on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.  

 

Any claim you have must be commenced within one (1) year after the start of the events giving rise to the claim.  

 

Questions. Should you have any questions regarding these Terms of Use you may contact us at info@rethinc.us