1. User's Acknowledgment and Acceptance of Terms
3. Copyright, Trademarks and Other Intellectual Property
4. User’s Submissions to this Website
Thane may offer features through this Website that enable you to post information and materials publicly (“Submissions”) on product review, survey and product testimonial pages and message boards, blogs and similar forums (collectively referred to herein as "Forums"). You agree that any Submissions you transmit to this Website will be treated as non-confidential and non-proprietary, may be made available to the general public, and may be used by Thane or its affiliated companies without restriction.
Thane reserves the right, in its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise on this Website. The Forums include the opinions, statements and other content of third parties. Thane is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through this Website are those of such third parties and not of Thane, and Thane does not endorse any such opinions, statements or materials. Thane is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute Submissions on this Website, this Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such content or activities on this Website. You may not post or otherwise distribute content to this Website which Thane in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Thane or another party, illegal or otherwise objectionable to Thane. You may not upload commercial content on this Website or use this Website to solicit others to join or become members of any commercial online service or other organization.
You acknowledge and agree that Thane has no control over, and shall have no liability for any damages resulting from, the use (including without limitation the re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of this Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS Website ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT OF THANE’S INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, THANE MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS OFFERED ON OR THROUGH THE THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THESE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS.
THANE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES MADE BY THANE WEBSITE USERS ABOUT THANE OR ITS PRODUCTS, OTHER THAN INFORMATION PROVIDED IN THANE'S LITERATURE OR ON THIS WEBSITE. THANE EXPRESSLY PROHIBITS THANE WEBSITE USERS FROM MAKING ANY SUCH NON-APPROVED REPRESENTATIONS OR WARRANTIES, AND THANE IS NOT RESPONSIBLE OR LIABLE FOR THE SAME.
6. Limitation of Liability
7. Links to or from Other Websites
Except as otherwise expressly stated by Thane on this Website, Thane is not affiliated or associated with operators of any third party websites that link to or are linked from this Website. Thane expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from this Website. Thane cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from this Website because these third party sites are owned and operated by independent entities. Thane does not endorse any of the products or services, nor has Thane taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. Thane makes no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Thane shall have the right, at any time and at its sole discretion, to block links to this Website through technological or other means without prior notice.
9. International Use
This Website is controlled and operated by Thane from its offices in Ohio. Although this Website may be accessible worldwide, Thane makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and you are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited by law. Thane, in its sole discretion, may restrict the availability of this Website to any person, country or jurisdiction at any time without prior notice.
11. Special Notices
California Consumer Protection Notice: Under California Civil Code Section 1789.3, California Internet users are entitled to the following consumer rights notice: If you have a question or complaint regarding this Website, please contact Thane by calling our Customer Service Department at (888) 721- 4097 (Monday through Friday 9:00 a.m. to 6:00 p.m. Eastern Time) or by sending an email to email@example.com. Please allow 2 to 3 business days for a response to your email inquiry. Currently there are no charges to access or use this Website, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the Order Confirmation pages and emails when applicable relating to each purchase, emailed to the consumer after said purchase. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
ECPA Notice: Thane treats email messages and other communications through this Website as private. Exceptions are those permitted by law included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits Thane’s limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate Thane’s system or to protect Thane’s rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where Thane receives information inadvertently which appears to pertain to the commission of a crime. This Website is not considered a "secure communications medium" under the ECPA.
USA Patriot Act Notice: The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. Thane anticipates fully complying with all its obligations, and availing itself of all its rights, under the USA Patriot Act.
12. Claims of Copyright Infringement.
Thane respects the intellectual property of others, and Thane asks you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Website infringe your copyright, you (or your agent) may send Thane a notice requesting that Thane remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Thane a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent via email to firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
14. Applicable Law, Jurisdiction and Venue
Thane shall be excused from liability for non-delivery or delay in delivery of products and services available through this Website arising from any event beyond Thane’s reasonable control, whether or not foreseeable by Thane, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of terrorism (actual or threatened), or other causes or events beyond Thane’s reasonable control, whether or not similar to those which are enumerated above.
Questions or Comments
Updated and effective April 4, 2013
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