Any ITS THOUGHTFUL, LLC trademarks displayed on this Website are trademarks or registered trademarks of ITS THOUGHTFUL, LLC. All other trademarks are the sole property of their respective companies. All use prohibited.
OWNERSHIP OF WEBSITE CONTENT
The Website is protected to the maximum extent permitted by copyright and intellectual property rights laws and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, data sheets, FAQs is owned exclusively by ITS THOUGHTFUL, LLC and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of ITS THOUGHTFUL, LLC. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
SUBMISSIONS OF USER CONTENT
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead ITSTHOUGHTFUL.COM as to the origin of any Submission.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by ITSTHOUGHTFUL.COM without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
ITSTHOUGHTFUL.COM reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. ITSTHOUGHTFUL.COM is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of ITSTHOUGHTFUL, LLC, including its licensors and/or vendors, and ITS THOUGHTFUL, LLC does not endorse any such opinions, statements, or materials.
You acknowledge and agree that ITS THOUGHTFUL, LLC (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) is not legally responsible for all kinds of claims, demands, and damages (actual and consequential) and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission. This may include but is not limited to attorneys’ fees arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
Any questions, comments, suggestions, product reviews or other information about ITS THOUGHTFUL, LLC products or services submitted to ITSTHOUGHTFUL.COM through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. ITSTHOUGHTFUL.COM shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. ITSTHOUGHTFUL.COM specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and ITSTHOUGHTFUL.COM will not have any obligation or liability to you arising from ITSTHOUGHTFUL.COM’s and/or any third party’s receipt or use of such information or material.
FEEDBACK AND USER CONTENT
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that ITSTHOUGHTFUL.COM does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
ITSTHOUGHTFUL.COM expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you may not rely on said Feedback and User Content, and that under no circumstances will ITSTHOUGHTFUL.COM be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that ITSTHOUGHTFUL.COM does not pre-screen or approve Feedback and User Content, but that ITSTHOUGHTFUL.COM shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
You agree not to transmit to ITSTHOUGHTFUL.COM any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, an ITSTHOUGHTFUL.COM employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person’s explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to ITSTHOUGHTFUL.COM users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) “stalk” or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to ITSTHOUGHTFUL.COM computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
YOU ACKNOWLEDGE AND AGREE THAT ANY QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, FEEDBACK OR OTHER INFORMATION ABOUT THE WEBSITE OR OUR SERVICES ("SUBMISSIONS") PROVIDED BY YOU TO US ARE NON-CONFIDENTIAL AND WE (AS WELL AS ANY OF OUR DESIGNEES) SHALL BE ENTITLED TO THE UNRESTRICTED USE AND DISSEMINATION OF THESE SUBMISSIONS FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU.
ESTABLISHING AN ACCOUNT
You represent and warrant that you are 18 years of age; that the information you submit to us is true and accurate; and that your use of the Service will not violate any applicable law or regulation.
You may establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select for any reason, including if we determine such name might cause confusion; is inappropriate in our discretion, such as when the user name is obscene or otherwise objectionable; or when a trademark owner complains about a username that does not closely relate to a user's actual name.
AVAILABILITY OF PRODUCTS, SERVICES, FEATURES AND CONTENT
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. We are not responsible for any typographical errors and will do our best to correct any such errors as soon as we are made aware of them. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to ITSTHOUGHTFUL.COM’s review and approval. If ITSTHOUGHTFUL.COM chooses to accept an order, such acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
CONTESTS AND REWARDS
From time to time, ITSTHOUGHTFUL.COM will host contests. You will be solely responsible for your own User Submission in contests and the consequences of posting or publishing them. By submitting the User Submissions to ITSTHOUGHTFUL.COM's, you hereby grant ITSTHOUGHTFUL.COM a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with the Website and ITSTHOUGHTFUL.COM's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.
You also permit ITSTHOUGHTFUL.COM to share the link and any portion of your User submissions with its partner websites. You acknowledge that ITSTHOUGHTFUL.COM reserves the right to decline to select a User submission for consideration for any reason. Participants, who in the opinion of ITSTHOUGHTFUL.COM do not comply with these User submission guidelines, or for any other reason at ITSTHOUGHTFUL.COM's sole discretion, can at any time be excluded from consideration without notice.
The decisions of ITSTHOUGHTFUL.COM are final and binding.
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that ITSTHOUGHTFUL.COM is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices.
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the ITSTHOUGHTFUL.COM agent for notice of claims of copyright infringement (“Copyright Agent”), at:
Designated Copyright Agent
ITS THOUGHTFUL, LLC.
3 Executive Park Dr., Ste 222
Bedford, NH 03110
You must provide our Agent with the following Notice:
- Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
If valid, ITS THOUGHTFUL LLC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ITS THOUGHTFUL LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ITS THOUGHTFUL, LLC. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES ONLY TO YOUR USE OF THE WEBSITE, AND DOES NOT APPLY PRODUCTS LISTED ON ITSTHOUGHTFUL.COM’S WEBSITE. INFORMATION CONCERNING WARRANTIES FOR ALL PRODUCTS ARE FROM THE MANUFACTURER AND ARE INCLUDED IN THE PRODUCT PACKAGING AND IF SERVICES ARE PURCHASED, FROM THE SERVICE PROVIDER.
LIMITATION ON LIABILITY AND INDEMNITY OF ITS THOUGHTFUL LLC
UNDER NO CIRCUMSTANCES SHALL ITS THOUGHTFUL LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ITS THOUGHTFUL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE; FROM YOUR INABILITY TO USE THE WEBSITE; OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ITS THOUGHTFUL LLC WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
COMPLIANCE WITH APPLICABLE LAWS
This Website is operated from the United States. User access to this Website is governed by all applicable federal, state and local laws. All ITSTHOUGHTFUL.COM products and publications are commercial in nature. Currently, purchases from this Website may be made only by residents of the United States.
PRODUCT OR CUSTOMER ISSUES
If for some reason you are not completely satisfied with your purchase and an issue arises concerning your purchase, we strongly encourage you to first contact our customer service department to resolve any matter. We value our relationships with our customers and will try to resolve any matters informally and quickly.
GOVERNING LAW; ENTIRE AGREEMENT
Occasionally there may be information on the Website that contains typographical errors, pricing errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Its Thoughtful, LLC
3 Northern Blvd, C-5
Amherst, NH 03031
Unless otherwise specified, this Site and the Materials contained in the Site are displayed solely for the purpose of promoting ITSTHOUGHTFUL.COM's products and services available in the United States.
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