Choose Thinking: A Blog by Dan Gilbert

“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,
  3. you will comply with and be bound by these Terms of Use as they appear on this Website each time you access and use this Website,
  4. each use of this Website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and
  5. these Terms of Use are a legally binding agreement and enforceable against you.

You agree that you will not use or attempt to use this Website for any unlawful purpose or any other purpose:

  1. that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
  2. that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications,
  3. that transmits any harmful or disabling computer codes or viruses,
  4. that harvests e-mail addresses from this Website,
  5. that transmits unsolicited e-mail to this site or to anyone whose e-mail address included the domain name under on this Website,
  6. that interferes with our network services;
  7. that attempts to gain unauthorized access to our network services,
  8. that impairs or limits our ability to operate this Website or any other person’s ability to access and use this Website, and/or
  9. that uses any methods, means or devices to click on to this Website or cause a visit to this Website for the purpose of manipulating the results of any Internet search engine.

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
You agree and acknowledge that you have the sole responsibility and liability for your use of this Website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Website.

USER CONTENT
You are solely responsible for the content that you contribute, post or upload to this Website.

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.

You may remove your content from this Website at any time.

INTELLECTUAL PROPERTY RIGHTS
All marks used on this Website are the property of their respective owners.
You acknowledge and agree that:

  • this Website and all of its associated source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation (collectively “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
  • unless otherwise stated, all rights associated with this Website are owned by us.

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.

You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this Website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Website:

  • in or as any meta-tag or hidden text;
  • in or as part of any contextual marketing directory, index, or triggering term;
  • as content or advertising related to any other Website including, but not limited to, comparative/informational Websites; and/or
  • as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as our Website or controls the content of any other Internet browser window.

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:

  • sufficient detail to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);
  • sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);
  • your contact information so that we can contact you (e.g., your address, telephone number, e-mail address);
  • a statement that you have a good faith belief that the use of the infringing material is not authorized by the copyright owner, its agent, or the law;
  • a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  • Your physical or electronic signature.

You must send your notice to:
Rock Ventures
Attn: Ann-Marie Murphy
1050 Woodward Avenue
Detroit, MI 48226

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

To file a counter notification, if material that you have posted has been taken down, in accordance with the DMCA, your counter notice must contain the following:

  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  • your contact information so that we can contact you (e.g., your address, telephone number, e-mail address);
  • a statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located, or, if your address is outside of the USA, for any judicial district in which we may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
  • your physical or electronic signature.

You must send your counter notice to:
Rock Ventures
Attn: Ann-Marie Murphy
1050 Woodward Avenue
Detroit, MI 48226

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
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Website at the time you access this Website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Website are subject to updating and revision without notice to you.

LOCATION
You understand and acknowledge that we control and operate this Website from within the United States of America. This Website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Website.

USER IDs AND PASSWORDS
Certain areas or features of this Website may be restricted to users who have obtained a user identification and password by completing a registration process described on this Website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Website. You agree to notify us immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

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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