Terms of Use

IMPORTANT: This is a legal agreement between you and Honeysuckle Haven Designs, LLC, a Virginia limited liability company, d/b/a “This Custom Thanks” (the “Company”). You should carefully review the following Terms of Use as they contain the terms and conditions of such legal agreement and govern your use of this Site and the purchase of Services.

By using the thiscustomthanks.com website (the “Site”), you agree to follow and be bound by these terms of use (“Terms of Use”), and the Privacy Policy (referenced below), which is hereby incorporated into these Terms of Use. In these Terms of Use, the words “you” and “your” refer to each Site visitor or user, “we,” “us,” and “our” refer to thiscustomthanks.com and the Company, and “Services” refers to all products and services provided by us on the Site.

We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. If you have any questions about these Terms of Use, please contact us at support@thiscustomthanks.com.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. FURTHERMORE, BY USING THE SITE AND/OR OBTAINING THE COMPANY’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

The Site provides information regarding our Services, as well as an online portal to purchase our Services.

Privacy Policy. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found by clicking here. The Privacy Policy is expressly incorporated into this Terms of Use. When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user-name and password. If you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user-name, or password at any time.

You agree to notify the Company immediately of any unauthorized use of your account, user name, or password. The Company shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

In connection with the use of certain Services, you may be asked to provide personal information in a questionnaire, application, form, or similar document or service. This information will be protected pursuant to our Privacy Policy.
Ownership of Intellectual Property. “This Custom Thanks,” “thiscustomthanks.com,” “thankbot.com,” “Honeysuckle Haven Designs, LLC,” “Honeysuckle Haven Designs,” and all images and text, and all page headers, custom graphics, and button icons on the Site are service marks, trademarks, trade dress, and/or other intellectual property of the Company. The Site is owned and operated by the Company. All right, title, and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”), are owned or licensed either by us or by our respective third party authors, developers, vendors or agents. Elements of the Site including, but not limited to, the “look and feel,” are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. You agree not to take any action that would compromise the integrity of the Site, the Services or the Materials, or copy its content, style, look, format, structure or software, or copy, decompile, disassemble, or reverse engineer any software, programs, designs, pages or screens used in or in connection with the Site or the Services. Except as may be expressly stated on the Site or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of the Company’s intellectual property rights, whether by estoppel, implication, or otherwise. See the “Contact Information” below if you have any questions about obtaining such license. The Company does not sell, license, lease, or otherwise provide any of the Materials other than those specifically identified as being provided by the Company. Any rights not expressly granted herein are reserved by the Company.
NO WARRANTY. THE SITE AND ALL SERVICES AND OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, THE SERVICES, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE SERVICES, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY BASIS; OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, OR THE MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE SITE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

OBTAINING ANY SERVICES OR OTHER MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.
LIMITATION OF LIABILITY. You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL THE COMPANY OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY SERVICES OR MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THE SITE AND/OR OBTAINING SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICES GIVING RISE TO THE LIABILITY UNDER THIS AGREEMENT. IN NO EVENT SHALL THE COMPANY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED TO THE TOTAL AMOUNT PAID BY A USER TO THE COMPANY DURING THE MOST RECENT SIX-MONTH PERIOD UNDER THIS AGREEMENT.
Indemnification. You agree to defend, indemnify and hold harmless the Company, its owner(s), agents, employees, and consultants with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, arising out of or in connection with (a) your use of the Site and/or obtaining the Services; (b) your violation of these Terms of Use; and/or (c) your infringement of any right of another. Notwithstanding the foregoing, the Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against the Company herein under the terms and provisions of this Section 5 and in no event shall you settle any such claim without the Company’s prior written approval.
Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than the Company (each a “Third-Party Site”). The Company may work with a number of partners and affiliates whose sites are linked with the Site. The Company shall not be responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third-Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third-Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that the Company shall not be responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Restrictions on Use. You shall not: (a) use any devices or methodology to monitor or copy any web pages or content found on the Site, without the prior written consent of the Company; (b) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit all or any part of the Site or the Services (excluding content posted by the User) except as expressly permitted in these Terms of Use; (c) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Site or the Services, or any part thereof; (d) imply or state, directly or indirectly, that you are affiliated with or endorsed by the Company or any other User unless you have entered in to a written agreement with the Company or such other user; (e) rent, lease, loan, trade, sell/re-sell access to the Site or the Services or any information therein, or the equivalent, in whole or part; (f) attempt to or actually access the Site or the Services by any means other than through the interface provided by the Company; (g) attempt to or actually override any security component included in or underlying the Site or the Services; (h) use any information obtained from the Site or the Services or the Company to harass, abuse or harm another person; or (i) collect, use or transfer any information, including but not limited to, personally identifiable information obtained from the Site or the Services or the Company, except as expressly permitted in these Terms of Use or the owner of such information may expressly permit.
Inappropriate Content. When accessing the Site or using the Company’s Services, you covenant and agree not to upload, download, display, perform, transmit, or otherwise distribute any content that: (a) restricts or inhibits any other User from using and enjoying the Site and/or the Services; (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) violates, plagiarizes or infringes the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) contains a virus or other harmful or potentially harmful component; (f) contains any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; (g) exploits the Site or the Service for any commercial purposes; and/or (h) constitutes or contains false or misleading statements of fact. The Company reserves the right to terminate or delete such material from its servers. The Company will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Term. These Terms of Use and your right to use the Site and purchase Services will take effect at the moment you click “I ACCEPT” or you use the Site or purchase Services. In addition, the Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms of Use, to deny your access to the Site or to any portion thereof in order to protect our name and goodwill, our business, and/or other authorized users of the Site.
Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the Commonwealth of Virginia. You and the Company agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the United Nations Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
Miscellaneous. These Terms of Use, including the Privacy Policy, contain the sole and entire agreement between us with respect to the use of the Site and the Services and supersedes any and all other prior written or oral agreements between us. Captions contained in these Terms of Use are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of these Terms of Use or the intent of any provision of these Terms of Use. The Company and you shall be independent of each other for all purposes and no relationship as partners, joint ventures, fiduciaries, employees or agents of the other shall be inferred or implied. You may not assign or delegate any rights or obligations hereunder. The Company may assign and/or delegate all of its rights and/or duties, at its sole discretion, to any third party. If any provision of these Terms of Use shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Use, which shall remain in full force and effect. The failure of the Company to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of such provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.
Contact. If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us at support@thiscustomthanks.com.

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