Date of Last Revision: April 15, 2012
1. Acceptance of Terms
Thoughtful Gems LLC provides a website, blog and related services (“Services”) to you subject to the following Terms of Use (“Terms”) which may be updated at any time without notice. Your continued use of Thoughtful Gems’ Services constitutes your agreement to these Terms and any disclaimers of warranty. You agree to review these Terms on a periodic basis.
2. Copyright
All content included on this site, such as text, graphics, logos, images and digital downloads and software, is the property of Thoughtful Gems LLC and protected by United States and international copyright laws.
3. Trademarks
Thoughtful Gems is a registered trademark of Thoughtful Gems LLC. ThoughtfulGems.com and Thoughtful Gems’ graphics, logos, page headers and service names are trademarks, registered trademarks or trade dress of Thoughtful Gems LLC in the U.S. and/or other countries. Trademarks and trade dress of Thoughtful Gems LLC may not be used in connection with any product or service that is not owned by Thoughtful Gems LLC or in any manner that discredits or disparages Thoughtful Gems LLC. Trademarks owned by Thoughtful Gems LLC may not be used in any manner that is likely to cause confusion among customers. Any trademark that exists on this site that is not the property of Thoughtful Gems LLC is the property of their respective owners.
4. License and Site Access
Thoughtful Gems LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching), or modify it, or any portion of it without the express written consent of Thoughtful Gems LLC. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Thoughtful Gems LLC.
5. Product Descriptions
Thoughtful Gems LLC attempts to be as accurate as possible. However, Thoughtful Gems LLC does not warrant that product descriptions or other content on this site are error-free. If a product offered by Thoughtful Gems LLC is not as described, your sole remedy is to return it in its unused condition.
6. Minors
Thoughtful Gems LLC’s products and Services are not targeted to users under 18 years of age. If you are under 18 years of age, then use of Thoughtful Gems’ Services can only be done with a parent or guardian involved.
7. Comments, Communications and other Content
You, the person are solely responsible for all information, text, data, music, sound, graphics, photographs, video, messages or any other materials, publicly posted or privately transmitted (“User Content”) on this site. You understand that by using this site, you may be exposed to User Content that is offensive, indecent, and/or objectionable. Thoughtful Gems LLC does not guarantee the accuracy, quality or quality of such User Content and will not be liable in any way for any User Content posted, emailed, transmitted or otherwise made available via this site.
You understand that Thoughtful Gems LLC may or may not pre-screen User Content, but that Thoughtful Gems LLC shall have the right, but not obligation, to pre-screen, refuse or remove any Content that is available on this site at any time, for any or no reason, with or without prior notice, and without liability.
8. Indemnity
You shall hold Thoughtful Gems LLC harmless from any claims and expenses, including reasonable attorneys’ fees related to your violation of these terms and conditions.
9. Linked Sites
This website may link to third party websites that are not owned or controlled by Thoughtful Gems LLC. The inclusion of a link does not imply endorsement by Thoughtful Gems LLC. Use of any such linked web site is at the user’s sole risk and you expressly relieve Thoughtful Gems LLC from any and all liability arising from your use of any third-party website.
10. Disclaimers
The information provided by this website and related Services are not intended and should not be relied upon to provide health, medical or nutritional advice. The information provided on this website and related Services contains the opinions and experiences of the authors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY THOUGHTFUL GEMS LLC ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED BY WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THOUGHTFUL GEMS LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THOUGHTFUL GEMS LLC DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE; THEIR COMPUTER SYSTEMS; OR ELECTRONIC COMMUNICATIONS SENT FROM THOUGHTFUL GEMS LLC ARE FREE OF VIRUSES OR OTHER HARFUL COMPONENTS OR THAT THE CONTENT OR MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE.
11. Limitation of Liability
THOUGHTFUL GEMS LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. Severability
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. The failure of Thoughtful Gems LLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
13. Governing Law, Venue and Jurisdiction
By visiting this website, you agree that the laws of the State of New Jersey will govern these Terms of Use, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and Thoughtful Gems LLC.
MAILING ADDRESS / PHONE NUMBER
Thoughtful Gems LLC
297 Kinderkamack Road
Suite 245
Oradell, NJ 07649
1-888-819-4544