Terms of Service
All notices from and or to Think Twice LLC, and any requests, tenders, demands, and other communications hereunder shall be sent electronically by email, to Think Twice LLC at firstname.lastname@example.org, and shall be deemed to have been delivered four (4) hours after transmission.
All content appearing on this Web site is the property of Think Twice LLC.
Copyright © 2018 Think Twice LLC. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2018 Think Twice LLC. All rights reserved.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Think Twice LLC. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Think Twice LLC or any third party, except as expressly granted herein.
Think Twice, LLC
Terms and Conditions of Use
Section I – Definitions
- Services: Welcome to the DUIPrevention.org (“Website”). Our Website is only for use by individuals over the age of 21. We work to empower business and individuals to get smart on DUI prevention through education and technology.
- Company/Provider: THINK TWICE, LLC, a Washington State limited liability company with its principal place of business at 1800 MILL CREEK RD, UNIT 27A, MILL CREEK, WA 98012, is the owner and Provider of these Services. The Company is also referenced as “us” or “we” or “our” within this Notice.
- Submitted Item: Any post, sound recording, composition, photograph, image, GIF, video, “favorites” list, comments, feedback, postcards, suggestions, notes, and other information, content or material, or other item that you or your agents disclose, email, fax, offer, text, or post to the Website, or disclose to us through Services provided to you, is referred herein as a “Submitted Item.”
- Third-Party Posted Information. We do not endorse, verify or guarantee the validity of any material or information posted through our Services by other parties.
2.3 Assumption of Risk and Disclaimers. By using our Service or Website, you understand that no blood alcohol monitoring device can be completely accurate, as blood alcohol content (“BAC”) can continue to rise long after consuming alcohol. Therefore, our products will never provide a complete assurance or guarantee that an individual’s BAC will be at a safe, legal, or an anticipated level during the future operation of a vehicle. You should never rely solely on results from a breathalyzer test when deciding whether to drive a vehicle or engage in high risk activity. You understand and agree that the Think Twice “DUI Test” are educational in nature and designed to help you understand the risks of alcohol consumption at the moment the test is taken. You understand and agree that our products are not administered or evidentiary tests, and are not admissible in any legal proceeding including civil or criminal matters, including but not limited to DUI, DWI, OUI, BWI, criminal negligence or any other alcohol-related accident. You understand and agree that the consumption of any amount of alcohol can negatively impact and impair your ability to drive safely, regardless of the BAC test results. You hereby release Us, and our officers, directors, managers, employees, agents, contractors, partners, advertisers, and sponsors from any and all claims and liability relating to or arising from your use or reliance on the BAC results provided by any of the Units. We do not verify the accuracy of, endorse or guarantee the ownership, originality, or validity of any material or information provided to you or posted by other parties through our Services. All content provided by us, or obtained from a Linked Site, are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability, and fitness for a particular purpose, title, non-infringement, security or accuracy. WE DO NOT REPRESENT OR WARRANT THIS WEBSITE, OUR SERVER(S), THIRD-PARTY PROVIDERS, OR YOUR DEVICES ARE, OR WILL REMAIN, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The information, software, products and descriptions of services provided through our Services, our Website, or a Linked Site (defined below), may include inaccuracies or typographical errors, and we specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent that any content is complete or up-to-date.
2.4 Limitation on Liability. You agree that the we, and our affiliates and any of their respective officers, directors, members, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use our Services or a Linked Site, or with the delay or inability to use the Website, or a Linked Site, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. We cannot and does not guarantee continuous, uninterrupted or secure access to the Website. Also, to the extent allowable by law, neither we, nor any other party involved in creating, producing, recording, displaying, or delivering our Services is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, our Services, or that of any other party using your account. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Website, using our Services, or your downloading or streaming any materials, data, text, images, video, or audio. YOU HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT ABOVE THE AMOUNTS YOU ACTUALLY PAID TO US WITHIN THE PRECEDING SIX (6) MONTHS.
2.5 License Granted to Us. By offering Submitted Items through our Website, and Services, either online or offline, whether or not solicited by us, you hereby grant to us, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, promote, modify, reproduce, publish, distribute for sale, make derivative works of, sublicense, and otherwise exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices). You hereby represent and warrant (A) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (B) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third-party. You will take, at our expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by us to effect, perfect, and confirm the license granted to us to your Submitted Item as set forth herein. The publication, distribution, performance, creation of derivatives, use or exploitation, whether for sale or otherwise, of any Submitted Items is at our sole discretion and we are under no obligation of any kind. If your Submitted Item is displayed, performed, published, distributed, or used, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, offering, or otherwise providing, a Submitted Item, you hereby grant us a royalty-free, worldwide, perpetual license to use your name, likeness, photograph, or other biological information in connection with our exploitation of the Submitted Item.
2.9 Third-Party Providers. We use third-party service providers. By making use of some or all of our Website, or Services, you hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Third-Party Service Provider(s) to the extent required to provide the Services to you. We reserve the right to change our third-party providers at our sole discretion. By using our Services, you agree to abide by the terms of service and privacy policies of our current Other Service Providers, which can be found at the following addresses: www.elvaon.com, www.woocommerce.com, www.ups.com.
2.10 Linked Content. Our Services may provide links to other sites by allowing you to access third-party material or by bringing third-party material into our Website via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the content on a Linked Site. The fact that we have provided you a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through our Services, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content
2.11 No Endorsement. We provide mentors only as a service to you, and make no reorientations or warranties as to a mentor’s qualifications, or fitness for your particular needs. We do not endorse and are not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Website or Services, by any other party, or a Linked Site. We are not liable for any loss or damage caused by your reliance on information obtained through the Website or a Linked Site, or your reliance on any product or service obtained from a Linked Site, unless required by law.
2.12 Removal of Content. We reserve the right to remove without notice any content, Submitted Item, post or submission to our Website, or through our Services, that does not comply with our Community Standards, which can be found at: www.duiprevention.org/termsofservice. By using our Services, you agree to comply with these Community Standards, and as they may be amended from time to time, and your failure to do so may result in the deletion of your account and the permanent prohibition from future use of our Website and Services.
2.15 Content Removal Requests- (DMCA). If you are the owner of a valid Copyright and seek to have content removed from our Services or Site, Pursuant to Title 17, United States Code, Section 512(c)(2), please send us the following information to the contact information below.
- Content Removal Address:
- Service Provider: [NAME OF COMPANY]
- Name of Agent Designated to Receive: [AGENT NAME]
- Mailing Address [ADDRESS]
- Telephone Number of Designated Agent: [PHONE]
- E-Mail Address: [EMAIL ADDRESS]
- Content Removal Notice Information. Please provide a description of the content you would like to us remove, identifying any copyrighted material you claimed to have been infringed. Be sure to include a statement sworn under the penalty of perjury that you have the good-faith belief that this content is infringing, along with sufficient information demonstrating your ownership of the content, or your authorization to act on behalf of the owner of an exclusive right that is allegedly infringed. Also include its location on our Website, such as URL address, and your contact information.
- Notice of Infringement. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. We may, within its sole discretion, terminate authorization of users of its Services who are repeat infringers.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Think Twice LLC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Think Twice LLC believes that customer conduct violates applicable law or is harmful to the interests of Think Twice LLC and its subsidiaries.
Think Twice LLC ships merchandise internationally. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to UPS shipping carrier. Our merchandise shall be shipped before the fifteenth (15th) day of each month during the term. Estimated shipping delivery time frame is one week (seven days) following receipt of order. Seller will arrange for delivery through a carrier chosen by Seller, the costs of which shall be F.O.B. Origin Freight Prepaid. Risk of loss to the Units, regardless of the cause, will shift to Buyer once the Units have been shipped by Seller.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Think Twice LLC is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Think Twice LLC charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped. If you have a reseller certificate, please send a copy of your reseller agreement and your business name, address and phone number to email@example.com
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Think Twice LLC makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
Think Twice LLC. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Think Twice LLC. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Think Twice LLC.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Think Twice LLC is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Think Twice LLC.
The inclusion of material on this server does not imply any endorsement by Think Twice LLC, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Think Twice LLC tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
All sales are FINAL. No returns will be permitted.
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Think Twice LLC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Think Twice LLC shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Think Twice LLC with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Think Twice LLC with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Think Twice LLC. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.