Choose Thinking

A Blog by Dan Gilbert (the businessman, not the shrink)

“For the strength of the Pack is the Wolf, and the strength of the Wolf is the Pack.”

- Rudyard Kipling

Terms of Use

YOUR USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS “TERMS OF USE”. CLICKING ONTO WEB PAGES BEYOND THE WEBSITE’S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

WEBSITE OWNERSHIP
This Website is owned and operated by Rockbridge Growth Equity, LLC, 20555 Victor Parkway, Livonia, Michigan 48152, which is referred to below as “we”, “us” or “our.”

PERMITTED USE
You agree that:

  1. your use of this Website is subject to and governed by these Terms of Use,
  2. you will only access or use this Website if you are at least 18 years old,
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You agree that you will not use or attempt to use this Website for any unlawful purpose or any other purpose:

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ACCESS TO THIS WEBSITE
We reserve the right at all times, in our sole discretion and without notice to you, to deny your access to and use of this Website. We further reserve the right, but not the obligation, to remove any content that you provide, without notice, in our sole discretion.

USE OF THIS WEBSITE
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USER CONTENT
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You may not post, transmit, or share content on this Website that you did not create or that you do not have permission to disseminate.

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Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content.

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Content: When you post content to this Website, you authorize us to make copies and display your content, in order to facilitate the posting and storage of your content on this Website. By posting content to any part of this Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute your content for any purpose, commercial, advertising, or otherwise, on or in connection with this Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing.

Submissions: You acknowledge and agree that all submissions through this Website containing any comments, improvements, suggestions, and ideas regarding this Website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge our unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Testimonials: You acknowledge and agree that all testimonials submitted through this Website will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to us the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that we may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.

OUR COPYRIGHT POLICY
If you are a copyright owner and believe that any content on this Website infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the procedures described below. As part of our response, we may remove or disable access to content residing on this Website that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected content so that they may make a counter notification, also in accordance with the DMCA.
The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

To file a notice of infringing material, in accordance with the DMCA, your notice must contain the following:

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You must send your notice to:
Rockbridge Growth Equity
Attn: Ann-Marie
20555 Victor Parkway
Livonia, Michigan 48152

Or via e-mail to dmca@choosethinking.com.

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  • your physical or electronic signature.

You must send your counter notice to:
Rockbridge Growth Equity
Attn: Ann-Marie
20555 Victor Parkway
Livonia, Michigan 48152

Or via e-mail to dmca@choosethinking.com.

LINKING
Not Responsible for Links to Other Websites: For your convenience, this Website may provide links to other Websites on the World Wide Web. Unless expressly stated otherwise on this Website, we do not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Websites to which this Website may provide a link. By using this Website you acknowledge and agree that we will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links. We do not permit third-party advertising on this Website without our express written permission.

REVISIONS AND MODIFICATIONS
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LOCATION
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INDEMNIFICATION
If you make any unauthorized use of this Website or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to us. You agree to indemnify us and our affiliates, vendors, licensors, employees, officers, directors, agents and representatives and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Website and/or your breach/violation of or failure to comply with the Terms of Use.

DISCLAIMERS
THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. WE HAVE NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU AGREE THAT YOU WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.

LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT WE SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE OF WEB PAGE CONTENT THEREON.

COMMUNICATIONS
Recording and Monitoring of Communications: Your communications with us via the Website, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

CONTACT METHODS AND OPT-OUT
Permission to Be Contacted: By submitting information to this Website, you give us permission to contact through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.

Opt-out: If you wish to opt-out of these communications, you may send an e-mail to optout@choosethinking.com.

APPLICATION OF ADDITIONAL TERMS
You acknowledge that certain features of this Website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

IRS CIRCULAR 230 DISCLOSURE
To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.

E-SIGNATURE
E-Signature: General communications through this Website, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.

GOVERNING LAW
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Website shall be filed only in the state or federal courts located in Wayne County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

SEVERABILITY
You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.


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