THURGOOD INDUSTRIES, INC.
TERMS OF USE
LAST UPDATED: MAY 28, 2024
These Terms of Use, together with all other disclaimers set forth on the website and mobile app, (collectively, these “Terms of Use”) govern your access to and use of this web site (the “Site”) and mobile app (the “App”) for Thurgood Industries, Inc. (Thurgood). These Terms of Use also govern your access to and use of all information, text, graphics, videos, audio content, presentations, and other content, materials, and works of authorship, appearing on or accessible from the Site or App, including information, text, articles, graphics, videos, audio content, presentations, and other materials, content and works of authorship on the Site or App that are owned or licensed by Thurgood (“Content”) or those belonging to or originating from third-parties (the “Third Party Content”). Your access to and use of the Site, the App, and the Content are expressly conditioned on your compliance with these Terms of Use.
Please read the following information carefully. By using the Site, App or Content, you indicate your agreement to be bound by these Terms of Use as set forth below. If you do not agree to these Terms of Use, promptly exit and do not use the Site, App or the Content.
These Terms of Use are a legally binding agreement between each user (“you” and “your”) and Thurgood. By using the Site, App or Content, you agree that you understand these Terms of Use and that you consent to be bound by all of the terms and conditions of these Terms of Use. These Terms of Use set forth your rights and obligations with respect to your use of the Site, App or Content.
Thurgood may revise these Terms of Use at any time and from time to time, and by your continued use of the Site, App or Content, you agree to be bound by revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use or other notice on the Site or App. It is your responsibility to periodically visit the “Terms of Use” link at the bottom of the Site or in the App to review the most current version of the Terms of Use. We expressly reserve the right to make any changes to these Terms of Use, or to the Site or App and its Content, at any time and from time to time, without prior notice to you. You may not modify or revise these Terms of Use but no modification of these Terms of Use by you is binding on Thurgood.
TERMS OF SERVICE
If you choose to register for Thurgood’s services on the Site or App, you are a “Member” and have access to the full Services (“Services”) of Thurgood, which includes access and use of the Site, App, and Content. If you remain unregistered, then you are a “Visitor”. All Members and Visitors are subject to and agree to these Terms of Use, the Content Policy and the Privacy Policy. There are some Services that are only available to Members and some terms that are only applicable to Members, as set forth in the Terms of Service.
PRIVACY
Please review Thurgood’s Privacy Policy which is part of these Terms for information and notices concerning Thurgood’s collection and use of your personal information. Information that you provide or that Thurgood collects about you and your organization, in connection with your access to and use of the Site or App, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms of Use by reference. We encourage you to read and become familiar with our privacy practices, as described in the Privacy Policy.
LICENSE; RESTRICTIONS ON USE
The Content of the Site and App, including text, images, audio, and video, are copyrighted and the property of Thurgood and/or its affiliates, vendors, and licensors, except that any Third-Party Content is the property of third parties. The Content may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Thurgood, except that Thurgood grants you a nonexclusive, non-transferable, limited revocable license to access and view the Content (but not any Third Party Content) solely for your personal internal non-commercial use, and for no other purpose, and for you to download, view, and print a single copy of any Content solely for your personal internal non-commercial purposes only and for no other purpose, and in each case subject to the restrictions set forth in these Terms of Use, provided that you keep intact all copyright, trademark and all other proprietary notices, and provided further that if different or additional terms including without limitation prohibitions or restrictions on downloading are otherwise communicated with respect to a particular presentation, video, graphic, or other Content, those other or additional terms shall also apply and shall prevail over any inconsistent terms set forth herein and you agree to be bound by them as well. Before making copies of downloadable items, you will destroy existing copies of such items in your possession or control. For purposes of these Terms of Use, any use of the Content on any other web site, app or networked computer environment for any purpose is strictly prohibited.
As a condition of your use of the Site or App, you covenant and agree that your use of the Content that exceeds the scope of the license granted above and that will not use the Site, App, or the Content for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use the Site, App, and any Content shall automatically and immediately terminate, and you must immediately destroy any downloaded or printed Content.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site or App. You agree not to collect personally identifiable information of users of the Site or App or to sell or otherwise exploit that information. You agree not to use the Site and App in any manner that could damage, disable, overburden, or impair the Site and App.
Any rights not expressly granted by these Terms of Use are reserved by Thurgood and/or its vendors and licensors and not granted to you.
CERTAIN ADDITIONAL PROHIBITIONS
You agree to Thurgood’s Content Policy. You agree not to do any of the following while using the Site or App or any Content:
Post, publish, communicate or transmit any text, graphics, video, audio or other content that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes or exhibits bigotry, discrimination, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; (vii) is in violation of Thurgood’s Content Policy; or (viii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Site or App, including without limitation any area or content that is accessible directly or indirectly through a hyperlink, Thurgood’s computer systems, or the email system of Thurgood;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, App or Content with any engine, software, tool, agent, device, or mechanism other than generally available third-party web browsers;
Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, or Content to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, App, or the Content;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or App; or
Impersonate or misrepresent your affiliation with any person or entity at Thurgood or any of its affiliates or partners or any other authorized user, or with any product or service of Thurgood.
You acknowledge that Thurgood has no obligation to monitor your access to or use of the Site, App, and Content, but has the right to do so for the purpose of operating the Site or App, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
THURGOOD PROPERTY
All right, title, and interest in and to the Site, App, and the Content are and will remain the exclusive property of Thurgood and its licensors. The Site, App, and the Content are protected by copyright, trademark, and other laws of the United States. Except as expressly permitted in these Terms of Use, you may not reproduce, modify, or prepare derivative works or transformative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, App, or any Content. You may not copy or modify the HTML code used to generate web pages on the Site. You also may not copy or modify the code used to generate the App. Thurgood respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder’s rights.
SUBMISSIONS
If you contact Thurgood through the Site or App or submit information, materials or documents to Thurgood through the Site or App, you should not send sensitive or confidential information. As the Internet is not a secure environment, there is a risk that your information and message be intercepted and accessed by third parties.
THIRD PARTY WEB SITES AND CONTENT
The Site or App may contain links to other web sites (“Third Party Sites”) as well as Third Party Content.. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Thurgood, and Thurgood is not responsible for any Third Party Sites accessed through the Site or App or any Third Party Content posted on, available through or installed from the Site or App, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Content. If you decide to leave the Site or App and access the Third-Party Sites or to view or use any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site or App.
You acknowledge and agree that Thurgood is not responsible or liable for: (i) the availability or accuracy of any Third-Party Site; or (ii) the content, products, or services on or available from such Third-Party Sites. Inclusion of, linking to, or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Thurgood or resources or the content, products, or services available from such Third Party Sites, and does not imply approval or endorsement of Thurgood, its products or services, by the owner or operator of such Third Party Sites or the content, products, or services available from such Third Party Sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Sites. Thurgood makes no representations whatsoever about any such Third-Party Sites or Third-Party Content that you may access through the Site or App. When you access a non-Thurgood site, please understand that it is independent from Thurgood, and that Thurgood has no control over the content on such other web site. A hyperlink to a non-Thurgood web site does not mean that Thurgood accepts any responsibility for the content, or the use, of the linked web site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the Third-Party Sites linked to the Site or App, you do this entirely at your own risk.
LINKS TO THE SITE
Without our express, prior and written permission, it is expressly prohibited to: (a) “frame” the Site or App or any Content thereof or otherwise cause the Site or App or any Content thereof to appear in a window with any other material that does not constitute Content of the Site or App; (b) cause the hyperlink to the Site or App or any Content of the Site or App to be displayed in any way that is disparaging to Thurgood or any entity that is affiliated or associated with Thurgood; or (c) otherwise imply or state that any type of relationship or special arrangements exist with Thurgood and any other entity.
INFRINGEMENT NOTICES
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement with respect to the Site or App should be sent to Thurgood’s Designated Agent. All inquiries not relevant to the following procedure will not receive a response.
As provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Site or App:
RC Johnson
1606 Headway Cir STE 9398
Austin, TX 78754
Electronic Mail: rc@thurgood.work
If you believe any Content available through the Site or App infringes a copyright, please provide the following information to the person identified above (17 U.S.C.§ 512):
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information regarding how Thurgood may contact you (e.g., mailing address, telephone number, e-mail address);
A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
USE OF THE SITE OR APP AT YOUR OWN RISK
Your access to and use of the Site, App, and Content is at your own risk. Thurgood and any of its affiliates or licensors will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, App, or Content.
ACCURACY AND INTEGRITY OF INFORMATION
Although Thurgood attempts to ensure the integrity and accuracy of the Site and App, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or the Content. It is possible that the Site or App could include typographical errors, inaccuracies, and other errors, and that unauthorized additions, deletions and alterations could be made to the Site or App by third parties. In the event that an inaccuracy arises, please inform Thurgood so that it can be corrected. Information contained on the Site or App may be changed or updated without notice. Thurgood does not guarantee the integrity or accurateness of any content uploaded to the Site or App by any user or by any other third party, including, but not limited to, the Third-Party Content, and Thurgood shall not be responsible for any content uploaded to the Site or App by any user, or by any other third party.
NO BACKGROUND OR IDENTITY VERIFICATION CHECKS
Thurgood is not responsible for and shall have no liability for, the conduct, actions or communications of any individuals, who give, participate or are featured in information, text, graphics, videos, audio content, and other content, materials and works of authorship on the Site, App, or otherwise in Content or Third Party Content (collectively, the “Content Creators”), made or engaged in are outside of any content or communications organized by Thurgood. Thurgood does not conduct any background or identity verification checks of any of the Content Creators. You acknowledge and agree that Thurgood does not conduct any such background or identity verification checks of any of its Content Creators or otherwise inquire into the background of its Content Creators Thurgood makes no representations or warranties and disclaims all responsibility as to the conduct and communications of the Content Creators. You are solely responsible for your interactions with the Content Creators.
DISCLAIMERS; THE SITE IS AVAILABLE “AS-IS”
The Site or App may be temporarily unavailable from time to time for maintenance or other reasons. Thurgood assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications or submissions. Thurgood is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at the Site or App or combination thereof, including, but not limited to, injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site. Under no circumstances will Thurgood be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone’s use of the Site, App, or the Content posted on or through the Site, App, or any interactions between users of the Site or App, whether online or offline.
The Site, App, and all Content are provided “as is” (with all faults), without warranty, representation, or condition of any kind, either express or implied. Without limiting the foregoing, Thurgood explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality of information, title, and non-infringement of third-party rights. Thurgood makes no warranty that the Site, App, Content, or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Thurgood makes no warranty regarding the quality of any services, products, or information purchased or obtained through the Site, App, or Content, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the Site, App, or of the Content.
No advice or information, whether oral or written, obtained from Thurgood or through the Site, App, or any Content will create any warranty not expressly made herein. You assume total responsibility and risk for your use of the Site or App and hyperlinked web sites or any Content, including without limitation any Third-Party Content. No oral or written information or advice given by or its authorized representatives shall create a warranty or in any way increase the scope of this warranty. Without limiting the foregoing, Thurgood will not be responsible or liable in any manner for any Third-Party Content posted on the Site or App or linked to from the Site or App.
Thurgood makes no representation and gives no warranty that any user shall be guaranteed admission into any vocational school or other educational or professional institution or training program. Further, Thurgood makes no representation and gives no warranty that any user shall be guaranteed employment with any public or private company in any skilled trade.
INDEMNITY
You agree to defend, indemnify, and hold harmless Thurgood , its subsidiaries and affiliates, and each of their trustees, officers, agents, contractors, collaborators and employees, from and against any claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, App, or Content, your conduct in connection with the Site or App or your violation of these Terms of Use or of any law or the rights of any third-party.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Thurgood and its employees, faculty, staff, affiliates, vendors, licensors and other third parties mentioned on the Site or App, and any other party involved in creating, producing, or delivering the Site, App, or Content, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, loss of good will, loss of business or revenue, lost data, or business interruption) arising out of relating in any way to the Site, App, or any Content, or information contained within the Site or App, and/or any hyperlinked website, or your access to or use of, or inability to access or use, the Site App, or Content, whether based on warranty, contract, tort, or any other legal theory and whether or not advised or the possibility of such damages. Your sole remedy for dissatisfaction with the Site or App, services and/or hyperlinked web sites is to stop using the Site or App and/or those services, whether or not Thurgood has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose.
You specifically acknowledge that Thurgood is not liable for the defamatory, offensive, harmful or illegal conduct of other users or Content Creators or other third parties and that the risk of injury from the foregoing rests entirely with you. Further, Thurgood and its affiliates will have no liability to you or to any third party for any Third-Party Content posted on or available from the Site or App or linked from the Site or App.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Thurgood and you.
DISPUTE RESOLUTION
If there is a dispute, our Support Team is happy to help resolve the issue. If that does not work and you live in the United States, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
This Dispute Resolution section applies only if you live in the United States. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team at support@thurgood.work.
Small Claims
Either party can bring a claim in small claims court in (a) Delaware, (b) the county where you live, or (c) another place mutually agreed on, as long as it qualifies to be brought in that court.
Going to Arbitration
If we cannot resolve our dispute amicably, you and Thurgood agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either party can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
The Arbitration Process
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing must be held in-person.
No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple parties’ claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and cannot be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Changes
Notwithstanding the “Updating these Terms” section below, if Thurgood changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Thurgood written notice of such rejection by mail or hand delivery to Thurgood Industries Attn: 1606 Headway Cir STE 9398 Austin, TX 78754 , or by email from the email address associated with your Account to support@thurgood.work, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Thurgood in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
CONTROLLING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site, App, or the Content or these Terms of Use will be exclusively resolved in the courts located in Delaware and the U.S. District Court for the District of Delaware a, to the extent such U.S. District Court has independent subject matter jurisdiction, and each of the parties hereto waives any objection to jurisdiction and venue in such courts
SEVERABILITY
In the event that any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.
WAIVER
Any failure of Thurgood to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
TERMINATION
Thurgood may terminate your use of or prohibit you from using or accessing the Site, App, or the Content (or any portion, aspect, or feature of the Site or App) for any reason, at any time in its sole discretion, with or without notice, including, without limitation, if you violate any of these Terms of Use.. Thurgood reserves the right to revoke your access to and use of the Site, App, or the Content at any time, with or without cause. Thurgood reserves the right to cease operating the Site, App, or providing Content or to change the Site, App, or Content at any time and without notice.
ENTIRE AGREEMENT
These Terms of Use constitute the entire and exclusive agreement between Thurgood and you regarding the Site, App, and the Content, and these Terms of Use supersede and replace any prior agreements between Thurgood and you regarding the Site, App, or the Content. If you have any questions about these Terms of Use, please contact support@thurgood.work. You can also send your request to:
Thurgood Industries, Inc.
1606 Headway Cir STE 9398
Austin, TX 78754
TRADEMARKS
Thurgood and the Thurgood Logo, and other Thurgood, graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trademarks, or trade dress of Thurgood in the United States. Thurgood’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Thurgood. Other trademarks are property of their respective owners.