Terms of Use
Last Revised December 13, 2010
These Terms of Use explain what you can (and cannot) expect from Thoughtful Guy, LLC (“we”) and what we can (and cannot) expect from you related to interactions through thoughtfulguy.com (the “Site”). The bottom line is that we will treat you fairly as long as you have reasonable expectations of a small website business and we expect you to deal with us honestly and in ways that do not cause us legal hassles.
Terms Applicable to All Who Access the Site
Don’t Mess with our Site or Its Content.
Unless otherwise specified, all materials appearing on the Site are our sole property. You may view, download, print, and retain a copy of pages of the Site for personal use only. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit, or distribute any information from the Site without our prior written consent.
No Deep Links.
You may not provide a deep-link to any portion of the Site, unless we specifically authorize you to do so.
Don’t Get Crossways with Us.
We may for any reason or no reason terminate your access to the Site and to any items or services (together, “Items”) offered on the Site.
Submit Content only if You Want to Give Us Full Rights to It.
If you submit any material of any kind to or through the Site, then you (i) represent that you have the right to submit that material and that the appearance of the material on the Site or further use, publication, etc. by us will not violate or infringe upon the rights of any third-party and (ii) you have the right to, and do, expressly grant us an irrevocable, perpetual, royalty-free, fully paid-up, license to use and exploit all or any part of those materials. Subject to our Privacy Policy, we may copy, sell, license, modify, publish, and distribute the materials you submit.
Keep it Clean and Cool.
We may use our complete discretion to remove any content you provide to or through the Site.
Advertisements.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide advertisements and sponsorships are solely responsible for ensuring that the content they submit for presentation on the Site are accurate and comply with applicable laws.
Modifications to these Terms.
We may modify these terms when it makes sense to us to do so. Your continued use of the Site will constitute your acceptance of the then-current terms. We will endeavor to let you know about material changes to these terms; however, if we fail to do so, then that will not affect the applicability of all then-current terms.
Terms Applicable to Members
Member Profile; Confidentiality of Account.
During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of your password and account and are responsible for all activities that occur under your password. You may register as a Member using your name only. During the Membership Term, you shall assure that the information in your profile is complete and accurate. You shall maintain the confidentiality of your username and password for the Site account and shall change that information if you believe that it is no longer confidential. You must be at least 18 years of age and provide a valid credit card that you have authority to use to submit an order through the Site.
Payment Method.
You shall pay any amount you owe to us by means of a credit card (the “Card”) that you identify through the Site as the method of payment for the amount owed. You authorize us to issue charges against the Card from time to time for payment of obligations consistent with these Terms. You represent that the Card is a current, valid credit card issued in your name and that you possesses the lawful right to use the Card for transactions through the Site. You shall assure that the Card possesses a sufficient credit limit or funding for each transaction through the Site. You may from time to time use the Site to change the Card information to permit you to comply with these obligations. Your obligations to pay amounts owed to us pursuant to these Terms are personal to you and may be enforced against you regardless of whether we are able to obtain payment through the Card. We will charge you card when you place an order.
Potential Downtime.
Some or all of the Site’s functionality might be unavailable for planned or unplanned reasons – that’s the way it is with technology. You may not use or rely on the Site to obtain assistance in a medical or relationship emergency.
Good Faith Efforts to Fulfill Orders.
We will use good faith efforts timely to fulfill orders you properly submit through the Site. You may not rely on us to, and we do not promise that we will always provide timely Event reminders, always present ideal gift selections, or always fulfill (timely or otherwise) each order. Bad stuff is just going to happen sometimes.
Errors in Prices, Descriptions, Images, etc.
We will endeavor to assure that data presented to you through the Site will be accurate and timely. We do not promise that all information presented through the Site will be accurate (see above about bad stuff). We will use good faith efforts to correct errors when we identify them. If you order an Item through the Site about which the Site displayed incorrect information, then either you or we may cancel the order/transaction. If you cancel the order and the order has already been shipped, then we will issue a credit to your Card if and after you promptly return the ordered Item consistent with the applicable vendor partner’s return policy. Colors of Items displayed on the Site may depend on your monitor and may not be correctly displayed.
Product Availability.
We will do our best to assure that we offer items that are available to you to purchase within your desired/specified delivery window. Given the dynamic nature of inventories and purchases, we cannot promise that any particular Item you order will be available within the time that you desire for delivery or at all. We will do our best to let you know if an Item you have ordered is not available within the time that you desire for delivery or at all.
Sales Tax.
We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Ohio. As between us and you, you are solely responsible for all sales taxes, or other taxes, if any, on orders shipped to any other state.
Shipping Quotes.
"Free Shipping" when indicated for an item is applicable to deliveries in the continental United States only.
Delivery Issues.
There are some undesirable delivery-related issues that may arise and that are outside of our control. We will not refund the purchase price or provide credit or replacement or alternative product if (i) an Item is delivered to the address you supply or is refused by the recipient; (ii) there are unsuccessful deliveries arising from the recipient not being present at time of delivery at the address you supply; (iii) the Item decreases in quality due to an incorrect delivery address or a re-route you request; or (iv) quality problems caused by improper handling by the recipient.
Limitation of Damages; Exclusion of Consequential Damages.
OUR MAXIMUM LIABILITY TO YOU AND YOUR SOLE AND EXCLUSIVE REMEDY REGARDING ANY SERVICE OR ITEM WE PROVIDE OR FAIL TO PROVIDE IS LIMITED TO THE PURCHASE PRICE OR REPLACEMENT OF THE ITEM, AS APPROPRIATE. AS BETWEEN YOU AND US, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ITEMS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE LIABLE TO YOU FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS.
Prevailing Party.
If you or we (each, a “Party”) prevail against the other Party regarding any claim arising from or related to these Terms, then the non-prevailing Party shall reimburse the prevailing party for costs, expenses, and attorneys’ fees reasonably incurred by the prevailing party regarding that claim.