Terms of Use

The following terms and conditions govern all use of the Think Outloud website and application, which includes Hubbub, a dba for Think Outloud and all content, services and products available at or through the website or application. For purposes of clarity, both the website and application (which includes the application on a mobile device, tablet or computer) shall be under the Hubbub trademark and Think Outloud dba is Hubbub. The Hubbub website and application is owned and operated by Think Outloud. The Hubbub website and application is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Think Outloud’s Privacy Policy and procedures that may be published from time to time on this Site by Think Outloud (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the website and/or application. By accessing or using any part of the Hubbub website and application website and application, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Hubbub website and application website or application or use any services. If these terms and conditions are considered an offer by Think Outloud, acceptance is expressly limited to these terms. 

GENERAL TERMS

By selecting a product or service, you agree to pay Think Outloud the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for some or all of the money owed and will cover the use of that service for a monthly or annual subscription period as indicated. To the extent not all the money is paid up front, the remainder shall be paid on a monthly, quarterly or six-month basis. Payments are not refundable.

SERVICES

Fees; Payment to Think Outloud. By signing up for an account on one or both of the Hubbub website and application to access and download data and information under the control of Think Outloud, you agree to pay Think Outloud the applicable fees. Fees will be invoiced starting from the day your services are established and at least part will be invoiced in advance of using such services. Think Outloud reserves the right to change the payment terms at any time and notice of such change shall be made through posting of a notice on the Hubbub website and application. 

Fees; Payment by Think Outloud. By signing up for an account, you have the opportunity to create a poll on a topic of your choosing (so long as it meets the bounds of general decency) that others in the Hubbub community will have the opportunity to provide an answer or information. In some instances, one or more third-parties may have interest in your poll, the responses generated and any information provided. In such instances, such third-party may provide monetary compensation to Think Outloud of which the member who posted the poll shall be entitled to receive two percent (2%) of all money received from each third-party that pays for the poll, the responses generated and information provided. Think Outloud shall make such payment to an account provided by the member who created the poll. Payments shall be made within sixty (60) days of receipt of the money for the poll by Think Outloud from the third-party. The member who is paid for the download of their poll, the responses generated and information provided agrees to be solely responsible for paying any taxes, VAT, duties or other money owed to a governmental or other entity. 

Think Outloud Exclusive Right to Use Information and Data from Polls. As a member of Think Outloud, you may provide data and information through use of the Hubbub website and application, for example through responses to polls posted on the Hubbub website and/or application. You agree to grant Think Outloud an exclusive right to all data and information you provide either individually or through participation in one or more polls that are posted on Hubbub. Think Outloud rights extend to its use for any purpose or no purpose at all. You also grant Think Outloud and exclusive right to provide for the use of a third-party (whether paid or not) one or more polls you create, the responses to each poll and the information provided by responders to your’ poll for the monetary compensation set forth above. 

Copyright Infringement and DMCA Policy. As Think Outloud asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to our Hubbub website or in our application violates your copyright, you are encouraged to notify Think Outloud in accordance with Think Outloud’s Digital Millennium Copyright Act (“DMCA”) Policy. Think Outloud will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Think Outloud will terminate a visitor’s access to and use of the website and application if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Think Outloud or others. In the case of such termination, Think Outloud will have no obligation to provide a refund of any amounts previously paid to Think Outloud.

Intellectual Property. This Agreement does not transfer from Think Outloud to you any Think Outloud or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Think Outloud. Think Outloud, Think Outloud.co, Ilovehubbub.com the Hubbub website, the Hubbub application the Think Outloud logo, and all other trademarks, service marks, graphics and logos used in connection with Ilovehubbub.com the Hubbub website, the Hubbub application the Think Outloud logo are trademarks or registered trademarks of Think Outloud or Think Outloud’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Think Outloud or third-party trademarks. The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research. The Company believes this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the United States Copyright law.

Advertisements. Think Outloud reserves the right to display advertisements on its Hubbub website and Hubbub application unless you have purchased an ad-free account, which may or may not be offered by Think Outloud.

Changes. Think Outloud reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Think Outloud may also, in the future, offer new services and/or features through ThinkOutloud.co, the Ilovehubbub.com website or the Hubbub application (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. Think Outloud may terminate your access to all or any part of the Hubbub website or Hubbub application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Hubbub website or Hubbub application or notify Think Outloud in writing. Think Outloud can terminate the Hubbub website or Hubbub application immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Hubbub website or Hubbub application is provided “as is.” Think Outloud and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Think Outloud nor its suppliers and licensors, makes any warranty that the Hubbub website or Hubbub application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Hubbub website or Hubbub application at your own discretion and risk.

Limitation of Liability. In no event will Think Outloud, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) for any third-party cyber intrusion or hack of the Hubbub application, Hubbub website or Think Outloud website; or (v) for any amounts that exceed the fees paid by you to Think Outloud under this agreement during the twelve (12) month period prior to the cause of action. Think Outloud shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Hubbub website or Hubbub application will be in strict accordance with the Think Outloud Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Hubbub website or Hubbub application will not infringe or misappropriate the intellectual property rights of any third party.

Views expressed disclaimer. The Service may contain views and opinions which are those of the authors, those creating or participating in the services (e.g. polls) and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including Think Outloud. Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. Think Outloud is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

Indemnification. You agree to indemnify and hold harmless Think Outloud, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Hubbub website or Hubbub application, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Think Outloud and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Think Outloud, or by the posting by Think Outloud of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Hubbub website or Hubbub application will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Austin, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by a single arbitrator appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Think Outloud may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

PRIVACY POLICY

Think Outloud may collect your data and information through your access and use of our website or web-based applications (e.g., the Hubbub website or Hubbub application). Like most website operators, Think Outloud collects non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Other data and information can include that provided through your participation in any activity on the Hubbub website or Hubbub application, including the creation of participation in or use of a poll or other activity conducted therein. Think Outloud’s purpose in collecting non-personally identifying information is to better understand how Think Outloud’s visitors use its website and to gather data and information related to responses polls or other activities conducted on the Hubbub website or Hubbub application. From time to time, Think Outloud may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Hubbub website and/or Hubbub application.  

Think Outloud may also collect potentially personally identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on ThinkOutloud.co blogs/sites. Think Outloud only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

Further, any information collected may be used to operate and improve the Hubbub website and/or Hubbub application and the services provided by Think Outloud. The information is also used to better manage your satisfaction with the results from your use of the Hubbub website and/or Hubbub application by personalizing your experience and interaction. Additional uses of collected information include providing you with more effective customer service; making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information and optimizing the results using Think Outloud’s proprietary algorithms. Think Outloud confirms that by providing it with information, Think Outloud shall only use such information in a manner consistent with those specified in the agreements set forth on its Hubbub website or Hubbub application to accomplish their purposes, or as otherwise indicated at the time the information is collected. Such collection is done with appropriate notice and consent.

We also use the information you provide to communicate with you. This may include your being sent certain electronic communications. Additionally, with your permission, we may also occasionally send you product surveys. The information you provide to us will be available to Think Outloud. Access to your information and the equipment processing it, is at all times restricted to appropriate staff. Except as set forth in this Privacy Policy, Think Outloud will not trade, sell, release, share or transfer your personal information for use by any business outside Think Outloud without your consent, or in a form other than what was disclosed to you at the time the information was collected, unless permitted or required by law.

Certain visitors to Think Outloud’s Hubbub website or Hubbub application choose to interact with Think Outloud in ways that require Think Outloud to gather personally identifying information. The amount and type of information that Think Outloud gathers depends on the nature of the interaction. For example, we ask visitors who sign up at Think Outloud.co, the Hubbub website or Hubbub application to provide a username and email address. Those who engage in transactions with Think Outloud are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Think Outloud collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Think Outloud. Think Outloud does not disclose personally identifying information other than as described below. And visitors can always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain Hubbub website and/or Hubbub application -related activities.

The Company does not use or keep any of the information it collects from its Hubbub website or Hubbub application visitors or other parties in an unlawful manner, or in a manner that violates the Company’s privacy policy or the privacy rights of its customers. 

Think Outloud may collect information from publicly or commercially available sources that it deems credible. Such information may include your name, address, email address, preferences, interests, and demographic/profile data. The information Think Outloud collects from its public or commercial sources may be used along with the information you provide to Think Outloud’s website, the Hubbub application or Hubbub website.

Think Outloud may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our websites, products or services.

Think Outloud strives to keep your personal information accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. Think Outloud provides individuals with reasonable access to personal information that they provided to Think Outloud and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data.

Think Outloud takes seriously the trust you place in us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, Think Outloud utilizes reasonable and appropriate physical, technical, and administrative procedures to safeguard the information we collect and process. Think Outloud only retains data as required or permitted by local law and while it has a legitimate business purpose.

Think Outloud may collect statistics about the behavior of visitors to its Hubbub website or Hubbub application. Think Outloud may display this information publicly or provide it to others. However, Think Outloud does not disclose personally identifying information other than as described below.

Think Outloud discloses potentially personally identifying and personally identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Think Outloud’s behalf or to provide services available at Think Outloud’s Hubbub website or Hubbub application, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Think Outloud Hubbub website and/or Hubbub application, you consent to the transfer of such information to them. Think Outloud will not rent or sell potentially personally identifying and personally identifying information to anyone without first receiving the required consent. 

Think Outloud may be required to disclose potentially personally identifying and personally identifying information in response to a subpoena, court order or other governmental request, or when Think Outloud believes in good faith that disclosure is reasonably necessary to protect the property or rights of Think Outloud, third parties or the public at large. 

If you are a registered user of a Think Outloud application and/or website and have supplied your email address, Think Outloud may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Think Outloud and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Think Outloud takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information.

Cookies; A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Think Outloud uses cookies to help Think Outloud identify and track visitors, their usage of Think Outloud’s Hubbub website or Hubbub application, and their Hubbub website or Hubbub application access preferences. Think Outloud visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Think Outloud’s Hubbub website and/or Hubbub application, with the drawback that certain features of Think Outloud’s Hubbub website and/or Hubbub application may not function properly without the aid of cookies.

If Think Outloud, or substantially all of its assets, are acquired, or in the unlikely event that Think Outloud goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Think Outloud may continue to use your personal information as set forth in this policy.

Ads appearing on our Hubbub website or Hubbub application may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Think Outloud and does not cover the use of cookies by any advertisers.

If we modify our Privacy Statement, we will post the revised statement here, with an updated revision date. If we make significant changes to our Statement that materially alter our privacy practices, we may also notify you by other means, such as sending an email or posting a notice on our corporate website. This privacy policy was last updated in October 2022.

Think Outloud complies with the U.S., EU, and U.S.-Swiss Safe Harbor Frameworks in connection with the collection, use, and retention of personal information from European Union member countries and Switzerland.