Terms & Conditions

Terms & Conditions

These terms and conditions (the or this “Agreement”) are entered into by and between you and Thinkaday, Inc. (“Thinkaday” or “We” or “Us”). By visiting erikduncan.com (the “Site”), you, the visitor of the Site, agree to be bound and abide by this this Agreement and our Privacy Policy found here, incorporated herein by reference. This Agreement contains the entire agreement between you and Thinkaday regarding the use of the Site.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

If you do not want to agree to this Agreement, you must not access or use the Site.

The Agreement shall be governed pursuant to the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. By using this Site, you hereby warrant and represent that you are in all respects qualified and competent to enter into this Agreement.

Changes to the Agreement

We may revise and update the Agreement from time to time in our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

No Warranty

THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THINKADAY NOR ANY PERSON ASSOCIATED WITH THINKADAY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THINKADAY NOR ANYONE ASSOCIATED WITH THINKADAY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THINKADAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

THE PRICES CHARGED BY THINKADAY ARE BASED UPON THINKADAY’S EXPECTATION THAT THE RISK OF ANY LOSS OR INJURY THAT MAY BE INCURRED BY USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE BORNE SOLELY BY THE USER, AND NOT BE THINKADAY. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THINKADAY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Use Restriction

The Site 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 Thinkaday, 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.

The Agreement permits you to use the Site for your personal, informational, non-commercial use only. You are allowed to download and distribute banner graphics and promotional materials only for the express purpose of promoting the Site. In no event shall any material on the Site be used in any manner that implies any false association between Thinkaday and any other third party or in connection with the promotion of any product or service.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease 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 Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Thinkaday. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

No Investment Advice

The content on the Site is for informational and educational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on the Site constitutes a solicitation, recommendation, endorsement, or offer by Thinkaday, Erik R. Duncan, or any third party service provider to buy or sell any securities or other financial instruments in this or in in any other jurisdiction.

All content on this Site is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Site constitutes professional and/or financial advice, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Thinkaday is not a fiduciary by virtue of any person’s use of or access to the Site or its content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the Site before making any decisions based on such information or other content. In exchange for using the Site, you agree not to hold Thinkaday, its affiliates, or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other content made available to you through the Site.

Investment Risks

There are risks associated with investing in securities. Investing in stocks, bonds, exchange traded funds, mutual funds, and money market funds involve risk of loss including loss of principal. Some high risk investments may use leverage, which will accentuate gains & losses. Foreign investing involves special risks, including a greater volatility and political, economic and currency risks and differences in accounting methods. The information on the Site should not be relied upon for purposes of transacting securities or other investments.

Past performance is not indicative of future results. Thinkaday and its affiliates do not guaranty any specific outcome or profit. You should be aware of the real risk of loss in following any strategy or investment discussed on the Site. Investments or strategies mentioned on this Site may not be suitable for you. The material on the Site does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. You must make an independent decision regarding investments or strategies mentioned on this Site. Before acting on information on this Site, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser.

Indemnification

You agree to defend, indemnify and hold harmless Thinkaday, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site.

Geographic Restrictions

The Site and web-based services are intended for access and use within the United States only. The Site and web-based services are not intended for or directed to citizens, domiciles or residents of the United Kingdom or European Union. Accordingly, our sites and web-based services comply with applicable United States privacy laws. By accessing the Site and web-based services, you affirm that you are not a citizen, domicile or resident of the United Kingdom or European Union.

Your Email Address

Thinkaday does not sell or disclose your email address to third-parties, except to deliver any services you have requested. To unsubscribe from marketing emails, please follow the instructions in the email itself. Users agree to provide Thinkaday with an up-to-date email address.

Linked Sites

The Site provides links to other third-party websites (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and may be based upon the content that you elect to view or the information that you provide. Such Linked Sites are not under our control, and we are not responsible for, and do not endorse, monitor, review, investigate, verify, or validate the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. We are not responsible for the accuracy or reliability of any information on the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of these Linked Sites. Some of the content served by us may be from merchant sites, and sales or activities through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third-party web sites, including, without limitation, Linked Sites and websites linking to this Site or its content. You should review applicable terms and policies, including privacy and data gathering practices, of third-party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.

Class Action Waiver

THINKADAY AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPETITIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPETITIVE ACTION. NEITHER YOU, NOR ANY OTHER USER, CAN BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING AGAINST THINKADAY.

Dispute Resolution

Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) arbitrator sitting in the State of New York, County of Monroe. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in the Limitation of Liability section of this Agreement, but shall not be empowered to award indirect, incidental, special or consequential damages or specific performance. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

Entire Agreement; Wavier; Severability

The Agreement and our Privacy Policy constitute the sole and entire agreement between you and Thinkaday with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

No waiver of by Thinkaday of any term or condition set forth in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Thinkaday to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.

If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

Your Comments and Concerns

This Site is operated by Thinkaday, Inc. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: erik@thinkaday.com.

Effective Date: April 2, 2023