Last updated on December 20, 2019
1. THIRD PARTY WEBSITES
2. OTHER AGREEMENTS AND POLICIES
4. ELECTRONIC COMMUNICATIONS
When you visit the Website or send an email to us, you are communicating with Thoughtful Learning electronically. Thoughtful Learning may, in its discretion, communicate with you electronically, including but not limited to, by posting notices on the Website or by responding to your email. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. MODIFICATIONS TO WEBSITE, PRODUCTS AND SERVICES
Thoughtful Learning reserves the right to modify in whole or in part, or temporarily or permanently discontinue, any Website or any products, services, or content contained on the Website for any reason and at any time and without notice to you. Should you be unable to locate an item you saw on a previous visit to our Website, please write to firstname.lastname@example.org.
6. WEBSITE AVAILABILITY
Thoughtful Learning periodically schedules system downtime for maintenance and other purposes, and the Website may be unavailable due to unplanned system outages or circumstances outside of Thoughtful Learning’s control. Thoughtful Learning shall have no liability to any user or third party whatsoever for the resulting unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.
7. PRODUCT DISPLAY
Thoughtful Learning has made every effort to accurately display the products featured on the Website. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor's display of any color, texture, or details of Thoughtful Learning will be accurate. Additionally, certain products may be updated or replaced with similar products. We cannot guarantee that any particular SKU or product displayed on the Website is the current model or SKU.
8. WEBSITE ERRORS
We attempt to provide the most recent, accurate, and reliable information on our Website. However, there may be occasions when information featured on our Website may contain typographical errors, incomplete data, inaccuracies, or items featured on the Website that are no longer in stock. We do not warrant that the information accessible via the Website is accurate, complete, or current. Any errors are unintentional, and we apologize if erroneous information is reflected in Thoughtful Learning price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time.
The Website may utilize both secure and non-secure sections and pages. Thoughtful Learning uses commercially reasonable security protocols to protect the transmission of data submitted using the secure portions of the Website. Before submitting any sensitive data using the Website, be sure your web browser displays a secure web address beginning with "https://..." Thoughtful Learning cannot guarantee that unauthorized third parties will never be able to defeat the security measures employed by Thoughtful Learning. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update our technology in order to improve the protection of customer information.
10. OWNERSHIP OF WEBSITE CONTENT
Thoughtful Learning, its affiliates, or its third party licensors own all copyrights, trademarks, trade dress, and other intellectual property contained on the Website or contained in email correspondence you may receive through the Website ("Content"). Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, and the arrangement of Content on the Website as a whole. You shall not use any Content for any purpose without the prior written consent of Thoughtful Learning or the respective owner of such Content.
11. CHILDREN UNDER 13.
The Website is not intended to offer any product or service to minors. In accordance with the federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, orders or personally identifiable information from users known to be under thirteen (13) years of age. In the event that Thoughtful Learning learns it has collected any personal information from a child under the age of 13 without verification of parental consent, Thoughtful Learning will delete that information from its database.
12. USE OF THE WEBSITE
You agree to use the Website only for lawful purposes. You agree not to do any of the following: (a) communicate to Thoughtful Learning or upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an affiliation with any person or organization; (e) restrict or inhibit use of the Website by others; (f) upload or otherwise transmit files that contain a virus or corrupted data; (g) collect information about others (including email addresses) without their consent (h) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (i) post "spam", transmit chain letters, or engage in other similar activities; or (j) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Thoughtful Learning, may harm Thoughtful Learning or users of the Website or expose them to liability.
You understand and acknowledge that you are responsible for whatever content you submit, and you, not Thoughtful Learning, have full responsibility for such content, including its legality, reliability, and appropriateness. By uploading or otherwise transmitting material to Thoughtful Learning or to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Thoughtful Learning and/or post it to the Website. You grant to Thoughtful Learning the right to use all content you upload or otherwise transmit to Thoughtful Learning or the Website in any manner Thoughtful Learning chooses, including, but not limited to, copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it.
Thoughtful Learning reserves the right, but does not assume any responsibility, to (a) remove any material posted on the Website that Thoughtful Learning, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Thoughtful Learning has been notified, or has reason to believe, constitutes a copyright infringement; and (b) terminate any user’s access to all or part of the Website. However, Thoughtful Learning can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Thoughtful Learning assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. Thoughtful Learning reserves the right to take any action it deems necessary to protect the personal safety of users of the Website and the public; however, Thoughtful Learning has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with the above provisions may result in the termination of your access to the Thoughtful Learning Website and may expose you to civil and/or criminal liability.
13. USER FEEDBACK AND PRODUCT REVIEWS
Portions of the Website may allow users to submit product reviews, and Thoughtful Learning welcomes user and customer comments regarding the Website and Thoughtful Learning products and services. However, any non-personal information you transmit to Thoughtful Learning through the Website is not and will not be treated as private, confidential, or proprietary. We may make unrestricted use of any non-personal information you transmit to Thoughtful Learning through the Website. If a portion of the Website enables you to post a product review that is intended to be public, any personal information you include in such public review will become public, and Thoughtful Learning shall not be liable to you for the disclosure of any personal information you include in a product review that is intended to be made public.
Should you post any review on the Website, you grant Thoughtful Learning and its third party marketing and advertising partners the right to use, publish, republish, and distribute that review, or portions thereof, online, in product catalogs, and in other marketing and advertising materials.
14. UNSOLICITED IDEAS
Thoughtful Learning welcomes feedback, questions, and comments about its products, services, and Website. As a general policy, Thoughtful Learning does not accept unsolicited ideas for products or services through the Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to the Website by email or otherwise will upon submission become the sole and exclusive property of Thoughtful Learning and may be used by Thoughtful Learning for any purpose whatsoever, commercial or otherwise, without any type of compensation to you.
15. ACCOUNT AND MEMBERSHIP INFORMATION
Furthermore, by joining, subscribing, or submitting information to Thoughtful Learning through the Website, you expressly grant Thoughtful Learning, its affiliates, or third party service providers the right to communicate with you via email, mail, or telephone.
You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. Thoughtful Learning reserves the right to suspend or cancel any user account for any other reason in its sole and absolute discretion.
16. WARRANTY AND LIABILITY DISCLAIMERS
THOUGHTFUL LEARNING DOES NOT ASSUME ANY LIABILITY FOR THE MATERIALS, INFORMATION, AND OPINIONS PROVIDED ON, OR AVAILABLE THROUGH, THE WEBSITE OR ANY OTHER THOUGHTFUL LEARNING WEB SITE (SITE CONTENT). RELIANCE ON THE SITE CONTENT IS SOLELY AT YOUR OWN RISK. THOUGHTFUL LEARNING DISCLAIMS ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE OF ANY WEBSITE, ANY PORTION OF ANY WEBSITE, OR ANY CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH ANY WEBSITE.
THE WEBSITE, THE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH ANY WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THOUGHTFUL LEARNING NOR ANY PERSON ASSOCIATED WITH THOUGHTFUL LEARNING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THOUGHTFUL LEARNING NOR ANYONE ASSOCIATED WITH THOUGHTFUL LEARNING WARRANTS OR REPRESENTS THAT ANY WEBSITE, ITS CONTENT, OR THE SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THOUGHTFUL LEARNING DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU (AND NOT THOUGHTFUL LEARNING) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SITE.
17. LIMITATION ON DAMAGES
IN NO EVENT WILL THOUGHTFUL LEARNING OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY WEBSITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN ANY WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY THOUGHTFUL LEARNING AND WHETHER OR NOT THOUGHTFUL LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
19. GOVERNING LAW AND JURISDICTION
20. VOID WHERE PROHIBITED
Thoughtful Learning administers and operates the Website from Wisconsin, USA, and Thoughtful Learning’s products are currently approved for sale in the United States only. Although each Website, or portions of each Website, may be accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Thoughtful Learning reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
21. DISPUTE RESOLUTION; ARBITRATION
Any dispute of any sort that might arise between Thoughtful Learning and you, including without limitation any matters or disputes relating to or arising from the use of or access to any Website in connection with any purchase or use of any product, service, or information offered or made available through the Website, or arising from or relating to any communication between you and Thoughtful Learning or its agents, will be determined by binding arbitration before a single, neutral arbitrator, except that either you or Thoughtful Learning may bring a lawsuit solely for injunctive relief to stop unauthorized use of the Website or any copyright, trademark, or other intellectual property infringement.
Prior to commencing an arbitration proceeding, we ask that you attempt to resolve any claim informally by contacting Thoughtful Learning. If your claim is not resolved within thirty (30) days of the day you contact Thoughtful Learning regarding your claim, you or Thoughtful Learning may initiate a formal arbitration proceeding.
The arbitration will be governed by the American Arbitration Association, which will administer the arbitration under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer-Related Disputes then in effect. The place of arbitration will be Walworth or Waukesha County, Wisconsin, and the arbitration will be conducted in English. Judgment on any arbitration award may be entered in any court of competent jurisdiction, and the parties intend that it will be enforceable in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
You agree that any disputes will be handled on an individual basis, and no part of the arbitration or court proceeding will involve any class action, class arbitration, private attorney general action, or any other similar type of consolidation of claims. In other words, you may resolve disputes with Thoughtful Learning on an individual basis only.
You agree that any claim that you have against Thoughtful Learning must be brought within twelve (12) months of the date that the claim arose.
22. GOVERNING LANGUAGE