This web site is owned and operated by The Thoughtful Occasion, LLC and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The Thoughtful Occasion’s Privacy Policy) and procedures that may be published from time to time on this site by The Thoughtful Occasion. Your use of this site indicates your acceptance of these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the web site. If these terms and conditions are considered an offer by The Thoughtful Occasion under applicable law, acceptance is expressly limited to these terms. These terms and conditions shall supersede any subsequent terms or conditions stated in any purchase order, whether or not The Thoughtful Occasion signs such terms or conditions. The Thoughtful Occasion reserves the right in its sole discretion to make changes to this site and these terms and conditions at any time. The Thoughtful Occasion may alter, suspend, or discontinue the content or functionality of this site in whole or in part, at any time and for any reason, without notice or liability. The site may periodically become unavailable due to maintenance or malfunction of equipment or for other reasons.

Use of thethoughtfuloccasion.com Web Site and Its Content:

No part of this site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you to view, copy, download, and print posted documents (such as lists and recipes) that are available on this site for personal, non-commercial use only, subject to the following conditions:

1. The documents may only be used for informational purposes.
2. The documents may not be modified.
3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any content displayed on this site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with The Thoughtful Occasion’s prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this site. By using this site, you agree to indemnify, hold harmless and defend The Thoughtful Occasion and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party (including without limitation, claims made by third parties for infringement of intellectual property rights) that arises in connection with your use of this site. You agree to cooperate as fully as reasonably required in the defense of any claim. The Thoughtful Occasion reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Copyright and Trademark Notice:

Unless otherwise noted, all content, text and images contained on this site are the property of thethoughtfuloccasion.com or The Thoughtful Occasion and/or its respective affiliates, subsidiaries, vendors, manufacturers, or licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Any other product names are trademarks or registered trademarks of their respective owners. The graphics, logos, page headers, button icons, scripts, service names, and other components of our web site and related materials are trademarks or trade dress of The Thoughtful Occasion, unless otherwise indicated. The Thoughtful Occasion’s trademarks or trade dress may not be used in connection with any other party’s product or service without its advance written consent, or in any manner that is likely to cause confusion among customers, vendors, or any other party, or in any manner that disparages or discredits The Thoughtful Occasion.

Disclaimer of Warranty:

The Thoughtful Occasion makes no representation about the suitability of the materials on this site for any purpose.  All content, text, images, and other information on or accessible from this site are provided on an “as available” and “as is” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, The Thoughtful Occasion does not warrant that: (i) the information available on this site is free of errors; (ii) the functions contained on this site will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) this site or the server(s) that makes it available are free of viruses or other harmful components.

Limitation of Liability:

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Thoughtful Occasion disclaims any responsibility for any harm resulting from the use by visitors of the site, or from any downloading by those visitors of content there posted. Nor shall The Thoughtful Occasion have any liability or responsibility for any errors or omissions in the content of this site, for your action or inaction in connection with this site, or for any damage to your computer or data or any other damage you may incur in connection with this site. Your use of this site is at your own risk. In no event shall The Thoughtful Occasion or its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site be liable to any user of The Thoughtful Occasion web site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of or in any way connected with the use or inability to use the The Thoughtful Occasion web site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if The Thoughtful Occasion has been advised of or should have known of the possibility of such damages or losses. In no event shall The Thoughtful Occasion’s total liability (or the total liability of any third party providing information on this site) to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed one dollar (u.s.$1.00). The foregoing shall not apply to the extent prohibited by applicable law. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is hereby limited to the fullest extent permitted by law.

You hereby acknowledge that the preceding paragraph shall apply to all content, products, and services available through the site.

Links:

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that The Thoughtful Occasion is not responsible for the operation of or content located on or through any such site and The Thoughtful Occasion disclaims any responsibility for any harm resulting from your use of links to non-The Thoughtful Occasion websites and webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. By linking to a non-The Thoughtful Occasion website or webpage, The Thoughtful Occasion does not represent or imply that it endorses such website or webpage or that it believes such material to be accurate, useful or non-harmful.

Prohibited Conduct:

You agree to use this site only for lawful purposes. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this site to: (1) transmit via or through the site any information, data, text, images, files, links, or software except in connection with your authorized use of this site or otherwise in response to specific requests for information by us; (2) introduce viruses, worms, Trojan horses and/or harmful code on the Internet; (3) obtain unauthorized access to any computer system; (4) impersonate any other person, including but not limited to, a registered user of this site or a The Thoughtful Occasion employee; (5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (6) misrepresent the identity of a user; (7) tamper with or obtain access to this Site or any component of this Site; (8) conduct fraudulent activities; or (9) collect or harvest information regarding other users of the site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

You represent and warrant that (i) your use of the site will be in strict accordance with the The Thoughtful Occasion Privacy Policy, with these Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the site will not infringe or misappropriate the intellectual property rights of any third party.  You agree to indemnify and hold harmless The Thoughtful Occasion, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of these Terms of Use.

We may disclose any content, electronic communication, evidence or potential evidence of any kind connected with this site (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate The Thoughtful Occasion; (iii) to protect the rights or property of The Thoughtful Occasion, its affiliates, subsidiaries, you or others; (iv) to prevent fraud; (v) for credit risk reduction; and (vi) to enforce or apply these Terms of Use.

Copyright Infringement:

If you believe that any materials on this site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (1) identify the allegedly infringing materials; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate and (6) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to this site is: Copyright Agent, The Thoughtful Occasion, 2133 Upton Drive, Suite 126-235, Virginia Beach, Virginia 23454.

Submission of Ideas, Comments, and Questions:

We welcome your feedback about our site and its contents. However, any comments, ideas, notes, messages, suggestions, or other communications (collectively, “Submissions”) shall be and remain the exclusive property of The Thoughtful Occasion. As such, we will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Under no circumstances shall any disclosure of any submission to The Thoughtful Occasion be subject to any obligation of confidentiality or expectation of compensation. By submitting the submission to The Thoughtful Occasion, you are waiving any and all rights that you may have in the submission and you agree that any submissions by you will not violate any right of any third party, including copyright trademark, privacy, or other personal or proprietary rights. You also agree that no submission by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make. You represent and warrant to The Thoughtful Occasion that The Thoughtful Occasion is free to implement the submission if it so desires, as provided or as modified by The Thoughtful Occasion, without obtaining permission or license from you or any third party.

No Implied Endorsements:

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by us of that third party or of any product or service provided by a third party.

Termination of Use:

The Thoughtful Occasion may, in its sole discretion, terminate or suspend your use or access to all or part of the site, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the site is terminated, you must cease and desist from all such access and/or use immediately. In the event these Terms of Use are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations, which by their nature should survive termination) will survive termination.

Jurisdiction and Venue:

These Terms of Use and any dispute of any sort that might arise between you and The Thoughtful Occasion or its affiliates or subsidiaries will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the site will be brought in the appropriate state or federal courts of the Commonwealth of Virginia with jurisdiction in Virginia Beach, Virginia; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce The Thoughtful Occasion’s rights hereunder through reformation of contract, specific performance, injunction, or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the site must be commenced within one (1) year after the claim arises.

Severability:

If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Users/Participants:

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion. No person under the age of 18 is permitted to use the site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the site by any user shall be deemed to be a representation that the user is 18 years of age or older.

Entire Agreement:

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.