Terms of Service (THiNKaha iPhone App)


Welcome to the THiNKaha® website (the “thinkaha.com Site”), migraine a website owned and operated by Happy About®, a California C-Corp. If you visit or shop at THiNKaha.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future THiNKaha service or business, you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your visit to THiNKAHA.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit THiNKaha.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or via our applications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of THiNKaha or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of THiNKaha and protected by U.S. and international copyright laws. All software used on this site is the property of THiNKaha or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

THiNKaha, Happy About, and other THiNKaha.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of THiNKaha in the U.S. and/or other countries. THiNKaha ‘s trademarks and trade dress may not be used in connection with any product or service that is not THiNKaha’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THiNKaha. All other trademarks not owned by THiNKaha that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THiNKaha.

LICENSE AND SITE ACCESS

THiNKaha grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of THiNKaha. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of THiNKaha. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of THiNKaha without express written consent. You may not use any meta tags or any other “hidden text” utilizing THiNKaha’s name or trademarks without the express written consent of THiNKaha. Any unauthorized use terminates the permission or license granted by THiNKaha. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of THiNKaha.com so long as the link does not portray THiNKaha, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any THiNKaha logo or other proprietary graphic or trademark as part of the link without express written permission (e-mail is acceptable).

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. THiNKaha does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use THiNKaha.com only with involvement of a parent or guardian. THiNKaha reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

COPYRIGHT COMPLAINTS

THiNKaha respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us and we will rectify the situation.

PRODUCT DESCRIPTIONS

THiNKaha attempts to be as accurate as possible. However, THiNKaha does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by THiNKaha itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

Please note that this policy applies only to products sold and shipped by THiNKaha. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THINKAHA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THINKAHA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THINKAHA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THINKAHA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THINKAHA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THINKAHA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting THiNKaha.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and THiNKaha.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.