Terms and Condition

Last Updated: October 6, 2016

Welcome to www.thoughtfully.com (our “Website”) an online marketplace owned and operated by Thoughtfully and its affiliates Coastal Cocktails, Inc. and Modern Gourmet Foods (collectively, “Thoughtfully,” “us” or “we”). Please review the following terms and conditions (“Terms of Use”) and our other policies that govern your visit to this Website, and your use of this Website and related products and services available on or through the Website (the “Services”). We reserve the right, at any time, to modify or update our Website, policies and these Terms of Use.

Your Consent and Use of the Website

Your use of our Website constitutes your acceptance of, and agreement to follow and be bound by the Terms of Use, Privacy Policy, and any further policies or terms that govern your use of our Website and/or Services, which are all incorporated herein by reference (collectively, this “Agreement”). If you do not agree to these terms and conditions, please do not use the Website OR SERVICES.

This Agreement is current as of the Last Updated date shown above. We may from time to time change or modify the terms and conditions that govern your use of our Website and Services and this Agreement by updating this posting. Your use of our Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to this Website, or remove any material you may have posted at the Website, if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, we undertake no obligation to police, supervise, or monitor materials posted to this Website by you or other third parties.

Use of this Website and Services is limited to persons over the age of eighteen (18) who are residents of the United States. You must be 18 years or older to register for an account, transmit/submit/post any content, material or personally identifiable information or place an order on the Website.

This Website is not directed to children under 13 years old. The policy of Thoughtfully, as the operator of this Website, is NOT to knowingly collect any personal information from children under 13, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you should leave the Website without providing any information about yourself. Any access to or use of this Website or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website, Services and this Agreement, and that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

PROHIBITED USES.

Thoughtfully imposes certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, including without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Website to send unsolicited email, including without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Thoughtfully in providing the Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website. You may not data mine the Website or in any way cause harm to the Website.

Website Contents and Intellectual Property Rights

The design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Thoughtfully or its subsidiaries and affiliates or others. No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances and Thoughtfully reserves and retains all intellectual property rights in and to the Website and its Contents. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of Thoughtfully.

Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way the Website or its Contents. Unauthorized use or copying (including electronic copying or downloading) of the Website and Contents without Thoughtfully’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties. All Contents and Thoughtfully trademarks, copyrights, trade dress and/or intellectual property used on the Website may not be used in connection with any product or service that is not offered for sale or otherwise provided by Thoughtfully, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames Thoughtfully or the Website.

Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

The Website may also contain references to trademarks, copyrighted materials, technologies, products or other proprietary rights of third parties, who may or may not be affiliated with, connected to, or sponsored by Thoughtfully. No license to or right in any such trademarks, copyrighted materials, technologies, products or other proprietary rights is granted to or conferred upon you without our written permission or that of the third party rights holder.

Disclaimer of Warranties and Limitation of Liabilities

ALL USE OF THIS WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS WEBSITE, IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, we make no warranty, promise or guarantee of any kind that (A) Operation of our Website and/or Services will be continuous, TIMELY, uninterrupted, secure, or that this Website or its server are free of ERRORS, viruses or other harmful effects; (b) the Website or Services will meet your requirements or expectations; (c) the results that may be obtained from use of the Website, PRODUCTS or Services will be effective, typical, accurate or reliable; AND (d) the quality of any products, services or information purchased or obtained by you from the Website or Services will meet your expectations or be free from mistakes, errors or defects. YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES ARE AT YOUR OWN RISK.

FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THIS WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. You should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced at this Website. Likewise, THOUGHTFULLY does not warrant the accuracy of third party content contained within or referred to at this Website, including reference by any links to third party Websites. THOUGHTFULLY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL THOUGHTFULLY OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.

WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF THOUGHTFULLY FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO THOUGHTFULLY FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.

Release and Indemnification

IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS of the WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGrEE TO RELEASE AND FOREVER DISCHARGE THOUGHTFULLY AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNeCTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND/or SERVICES.

You agree to indemnify, defend and hold harmless THOUGHTFULLY, its directors, shareholders, officers, employees, agents, distributors, vendors and affiliates (collectively the “Indemnified Parties”) from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of OR IN CONNECTION WITH your use, unlawful use or other misuse, or inability to use the Website or Services, your breach of this Agreement, OR otherwise RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Choice of Law, Arbitration, and Venue

This Agreement and any claim or controversy relating to or arising from the use of this Website or Services, including without limitation, any transactions made or entered into at this Website, any information, content, products, services or promotions herein contained or provided from this Website, or any functionality, software or programming contained or provided at or from this Website (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America. All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

By using the Website and/or Services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and us. You also give up your right to participate in a class action or other class proceeding.

Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials

As a user of this Website, you may be able to post content on the Website, including providing testimonials or reviews, leaving comments, sending personalized messages to gift recipients, etc. You are solely responsible for the content that you publish, display or post on the Website or Services, or transmit or display to other users or gift recipients. However, Thoughtfully reserves the right to block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or other intellectual property rights, (d) in violation of any law, regulation or this Agreement, or (e) offensive or otherwise unacceptable to Thoughtfully in its sole discretion. Thoughtfully reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display, in personal gift messages, or placed on the Website, in its sole discretion, without notice. If at any time Thoughtfully chooses, in its sole discretion, to monitor the content, Thoughtfully nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that Thoughtfully shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

Any submission of information or copyrightable works of any nature by you to this Website or to Thoughtfully through the use of this Website shall be deemed to constitute a release by you to the public domain for use by Thoughtfully and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information. All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Thoughtfully using this Website or otherwise are not confidential and will become and remain Thoughtfully’s property. By submitting such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction.

Your submission of such information and material shall further constitute an assignment to Thoughtfully of all worldwide rights, titles, interests and goodwill in the information and materials without payment of any compensation. By posting content to any public area of the Website, you automatically grant and represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, “Posted Content”) at or through the Website, you represent, warrant, and agree that any such Posted Content:

  • (a) is not defamatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;
  • (b) is not false, inaccurate, misleading, or fraudulent;
  • (c) does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  • (d) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • (e) does not contain personal identifying information of any person other than you;
  • (f) does not contain any advertising of any nature whatsoever;
  • does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website or any system, or intended to send unsolicited e-mail, including without limitation, promotions, or advertisements for products or services; and
  • (h) shall become and be the property of Thoughtfully with the full and unrestricted right of Thoughtfully to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.

Copyright/ DMCA Notice and Procedure

It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify Thoughtfully’s Copyright Agent at the address below. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, we will respond by taking down the offending content. We will then take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. Upon receipt of a valid counter-notification, we will generally restore the content in question, unless we receive notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Thoughtfully may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. Thoughtfully’s Privacy Policy does not protect information provided in these notices.

Notification

If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated agent at:

CFO

Coastal Cocktails, Inc.

18011 Mitchell South, Suite B

Irvine, CA, 92614

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing.

Your notification must include the following information:

  • (A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • (B) Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • (C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • (D) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
  • (E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • (F) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Note, however, if you posted any materials on this Website, by submitting, posting or displaying your content on our Website, you grant Thoughtfully and its end users a worldwide, royalty-free, non-exclusive license as specified in these Terms of Use.
  • Only DMCA notices should go to the Thoughtfully agent designated above. Communications regarding other matters directed to that address or DMCA notices which do not comply with the requirements of DMCA may be ignored.

Upon receipt of the written notification containing the information outlined above:

  • (A) Thoughtfully shall remove or disable access to the material that is alleged to be infringing.
  • (B) Thoughtfully shall use reasonable efforts to forward the written notification to such alleged infringer (“User”).
  • (C) Thoughtfully shall take reasonable steps to notify the User that it has removed or disabled access to the material.
Counter Notification

To be effective, a Counter Notification must be a written communication provided to Thoughtfully’s designated agent that includes substantially the following:

  • (A) A physical or electronic signature of the User.
  • (B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • (C) A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • (D) The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information outlined above:

  • (A) Thoughtfully shall promptly provide you with a copy of the counter notification and inform you that Thoughtfully will replace the removed material or cease disabling access to it in 10 business days; and
  • (B) Thoughtfully shall replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Thoughtfully’s designated agent first receives notice from you that you have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material at the Website.

Account Termination

Thoughtfully may, in appropriate circumstances, terminate an account holder or user of the Website if he or she is a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact Thoughtfully’s DMCA agent and provide information sufficient for us to verify that the account holder or user is a repeat infringer.

Third Party Links

This Website may include links to other Internet sites maintained by third parties (“Linked Sites”). Thoughtfully provides Linked Sites to you solely as a convenience and the inclusion of Linked Sites does not imply endorsement by Thoughtfully of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave this Website. Linked Sites are not under the control of Thoughtfully and Thoughtfully is not responsible for the contents of any Linked Sites.

Modifications to the Website or Services

Thoughtfully reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice at its sole discretion. You agree that Thoughtfully shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services.

Your Account Information, Password and Security

In the course of your use of the Website or Services, we may ask you for certain information including your name, email address, phone number, mailing address, billing address, credit card information, ship to address, recipient information and address book (collectively, “Account Information”). If you open an account or commence the transaction of business at or on this Website, you may be required to complete the registration process by providing certain additional information and registering a username and password. Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of the username and password and for all activities which take place under your account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will Thoughtfully be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section. You may not use another person’s account at any time, without the express permission of the account holder.

Termination and Denial of Access

If, in Thoughtfully’s sole discretion, you fail to comply with any term or provision of this Agreement, Thoughtfully may terminate your access to or use of this Website. In the event of termination or denial of access by Thoughtfully, you are no longer authorized to access the Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.

Eligibility to Order/Purchase

To place an order on this Website, you must be 18 years of age or older, be a consumer and not a reseller, and have a valid credit card or other acceptable electronic payment method. You may not use Thoughtfully’s Website or Services if you are unable to form a legal binding agreement with Thoughtfully.

Payment

By ordering products from this Website, you authorize Thoughtfully and its agents or other credit card processing vendors to charge your credit card for the applicable fees. If Thoughtfully does not receive payment from the card issuer, you agree to pay Thoughtfully all amounts due upon demand. Thoughtfully may take commercially reasonable actions to verify your credit card or other payment information. We have the right to refuse to accept or fulfill any order upon reasonable notice.

Product Availability and Pricing

The inclusion of any products or Services on this Website at a particular time does not imply or warrant that these products or Services will be available at any time since products may be out-of-stock or discontinued. For product availability and pricing questions, please give us a call at 1-866-347-6889 and we will be more than happy to help you with your inquiry. Prices are quoted in U.S. dollars, are effective for U.S. purchases only, and are subject to change at any time. Discounts are limited time offers and may not be combined with any other offers. Thoughtfully reserves the right to limit the quantities of any products or Services that we offer through this Website at its sole discretion. In the event of a typographical error relating to price or quantity of an item featured, described, or offered for sale on this Website, Thoughtfully reserves the right to refuse to fill any order(s) that rely on such typographical error.

Substitution Policy

Product substitutions may be necessary to ensure that your gift is delivered in a timely manner. Should a substitution be necessary, rest assured that we will give the utmost care and attention to your order to ensure that it is as similar as possible and of equal or greater value to the requested item.

Products Descriptions and Specifications

All features, content, specifications, products and prices of products and Services described or depicted on this Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and other factors, and we cannot guarantee that your computer will accurately display such colors. The product images on this Website may appear larger or smaller than their actual size. While Thoughtfully attempts to be as accurate as possible in the product descriptions on this Website, Thoughtfully does not warrant that product descriptions or other content of any Thoughtfully Service is current, complete or error-free. Regardless of variations in products, customer satisfaction is extremely important to us. If you are unsatisfied for any reason, please contact us at 1-866-347-6889 or [email protected]

Order Changes

You may request a change to your order at any time before your order is sent out for delivery and we will do our best to accommodate your request. However, if your order has left for delivery or has already been delivered, we will be unable to change your order. To make changes to your order, please contact 1-866-347-6889.

Order Cancellations

To cancel your order, please call 1-866-347-6889 to see if your delivery is presently in route or has already been delivered. If your order has already been sent out for delivery or has already been delivered, we will be unable to cancel your order.

Shipping Policy and Risk of Loss

When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. Please note that you are responsible for ensuring that the shipping address of the intended recipient is accurate and that any special delivery instructions or requirements are provided to us at the time of purchase. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you (or, as applicable, the recipient) upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.

Gift Cards

Gift cards are redeemable at thoughtfully.com only. Gift cards cannot be transferred, exchanged or resold and cannot be redeemed for cash (except where required by law). Gift cards have no expiration date and no fees. Gift cards are nonrefundable and cannot be replaced if lost, damaged or stolen.

Product Manufacture and Ingredients

Products featured on our Website and Services may be manufactured by other brands outside of the control of Thoughtfully. Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using, consuming or gifting any product. We review the ingredients in each product we distribute to confirm the ingredients comply with industry standards. However, it is your responsibility to review the ingredients as well to avoid allergic reactions or other side effects personal to you or the gift recipient. When appropriate, you should seek independent professional advice.

Sweepstakes, Contests and Other Promotions

Thoughtfully may conduct contests, sweepstakes and other online promotions through this Website and/or Thoughtfully’s various social media platforms. Your participation in any promotion will be subject to and governed by the official rules for that promotion and, when applicable, the promotional rules, policies and procedures on each social media platform’s site.

Miscellaneous

Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Thoughtfully and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between Thoughtfully and you with respect to use of the Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.

Complaints or Concerns

If you have any complaints or concerns regarding the Website or Services, please contact us at 18011 Mitchell South, Suite B, Irvine, CA, 92614 or 1-866-347-6889. For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.