Terms and Conditions Last Updated: 06/08/2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM.
Please reference back to this page frequently to review our current Terms and Conditions of use.
User Content
This website and any mobile application (collectively, this "Site") is owned by THADDEA, INC. ("We", "Us" or "THADDEA"). We are providing you with access to this Site and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 13 years old or visiting this Site under the supervision of a parent or guardian.
Age Use of THADDEA.com
THADDEA.com purchases may only be made if you are 13 years of age and older. If you are 13 years of age and under you can still browse THADDEA.com with the supervision of a parent or guardian. Also, email subscribers must at least 13 yeas of age.
Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found here. Please review our Privacy Policy for information on how We collect, use and share information about our users.
Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY LEAVE THIS PLATFORM. THANK YOU FOR YOUR COOPERATION.
Account
In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication
When you use this Site, or send emails 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 through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
Product Errors
THADDEA reserves the right to deny or cancel any orders placed for a product that is mistakenly listed at the incorrect price. We reserve the right to deny or cancel any such order whether or not the order has been processed or charged to your credit card. If your purchase has already been charged to your credit card and the order has been canceled, then we will credit the amount of the incorrect price back to your credit card account.
Use of the Platform
This Site may include features and functionality ("Interactive Features") that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
If you notice any violation of these terms and conditions mentioned herein or other unacceptable behavior by any user, you should report such activity to THADDEA here or mail the complaint.
To mail the complaint please send to:
THADDEA
Legal Department
120 Suburban Rd., Suite 102
Knoxville, TN 37923, USA
Intellectual Property
All intellectual property on the THADDEA Platform (except for User Generated Content) is owned by THADDEA or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names of THADDEA used on the THADDEA Platform (e.g. the name THADDEA, the THADDEA Courage and Bravery Emblem, etc.) are owned, registered and/or licensed by THADDEA and are prohibited from use unless authorized. You may not modify, copy, transmit, generate, circulate, display, duplicate, advertise, license and/or sale any content on THADDEA.com, without THADDEA's written permission. The use of THADDEA intellectual property on any other platform is strictly prohibited from being copied or retransmitted, unless explicit permission is granted by an agreement through THADDEA.
Private Information
Do not post, collect or solicit personal information from other platform users or send unsolicited emails or any other forms of communications. Do not use the THADDEA Platform to collect, use or post private information of anyone else without their agreement or for illegal purposes.
Personal Use
The THADDEA Platform is not to be used for any commercial purpose, advertising, solicitation or posting of commercial content or for accepting payment from a third party as an exchange for your conducting of commercial activity on the THADDEA Platform. Do not post any form of "spamming," "junk mail," "email chain letters" or unsolicited mass email mailings. Do not interact with the THADDEA Platform through the use of automated scripts in the attempt to collect information.
Registration for Users
The THADDEA Platform allows you to become a member or post User Constructed Content if you are 13 years of age and older. If you are under 13 years of age then you are not permitted to Sign Up and create an account on the THADDEA Platform. Any user that misrepresents their age is in violation of these Terms and Conditions and may have their account terminated without warning.
Complaint for Copyright Violation
If you discover a potential copyright violation due to your work being improperly copied and posted on the THADDEA Platform then please provide us with the following required information:
This information is required so THADDEA can have adequate legal notification of the violation.
By you sending a written statement with the above required information you acknowledge and agree your statement is made under penalty and perjury and the information is accurate and that you are the owner of the copyright or are legally permitted to represent on the owners behalf.
Please send the complaint for copyright violation to:
THADDEA
Legal Department
120 Suburban Rd., Suite 102
Knoxville, TN 37923, USA
Contact Us
Phone: 1-866-354-8354
Fax: 1-865-851-7438
Before filing notification with THADDEA's legal department we suggest you consult with a legal advisor to determine your options.
Service for Mobile Devices
The THADDEA Platform allows certain mobile device users to access services and features on the THADDEA Platform, though some carries or devices may not work with all mobile services. The standard rates and fees of your carrier will apply. If you use THADDEA's mobile services, you consent that we may use electronic means to communicate with you to your mobile device and that certain information obtained through the use of your mobile device may be disclosed to us. If your mobile phone number is changed or deactivated then make sure to login to your account and update your information so any messages we may send to you is not being sent to another person.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
User Postings
Do not use the THADDEA Platform to post any User Constructed Content that creates liability, is illegal or promotes illegal activities. User Constructed Content posted on the THADDEA Platform in not proprietary or confidential. Do not perform any action on the THADDEA Platform designed to interfere, or cause any form of computer software, hardware, telecommunications equipment or THADDEA Platform damage. This includes but limited to software viruses, computer codes or other programs. By posting User Constructed Content you permit and affirm you have the authority to permit THADDEA all rights, in any manner and with no limitations to use your User Constructed Content to promote and commercialize THADDEA without any payment awarded to you.
Content Monitoring
THADDEA is under no obligation to prescreen or monitor User Constructed Content, but may review User Constructed Content periodically at its sole desecration for the purpose of reviewing users compliance with the Terms and Conditions stated herein. THADDEA does not guarantee that User Constructed Content will be absent from the THADDEA Platform, which may be misleading, incorrect, offensive, threatening, slanderous or unlawful. THADDEA will make all determinations as to what User Constructed Content is appropriate in its sole discretion. THADDEA is not responsible or liable for any User Constructed Content or activities of users on the THADDEA Platform or for the monitoring or removal of User Constructed Content.
THADDEA reserves the right without notice to edit, remove, or refuse to post any User Constructed Content and may terminate a user's registered account for any reason.
Feedback
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Content Ownership
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
Copyright
ALL CONTENTS ON THIS THADDEA PLATFORM ARE LICENSED BY: COPYRIGHT 2019 THADDEA, INC., ALL RIGHTS RESERVED. THADDEA owns the copyrights and all content included in the THADDEA Platform. The entire contents including but not limited to graphics, text, and software are copyrighted work of its licensors and suppliers, which are protected by property rights under the United States and other copyright laws, and is property of THADDEA. Permission is granted by THADDEA to print electronically and copy certain portions of this Platform for the exclusive purpose of buying THADDEA products and/or placing an order with THADDEA.com. Except for otherwise indicated in stated restrictions, limitations or documents contained within the THADDEA Platform, you are authorized to print, view, download documental information, participate and download audio and video found on this site, but solely for your own non-commercial use. You are strictly prohibited from copying, transmitting, distributing, displaying, licensing, selling or modifying any of the materials contained on this site, unless authorized by THADDEA. Further, you agree not to remove, delete or change any, trademark, copyright, or other proprietary notices from materials downloaded or found on the site.
Product Errors
THADDEA reserves the right to deny or cancel any orders placed for a product that is mistakenly listed at the incorrect price. We reserve the right to deny or cancel any such order whether or not the order has been processed or charged to your credit card. If your purchase has already been charged to your credit card and the order has been canceled, then we will credit the amount of the incorrect price back to your credit card account.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Return Policy, which can be found here. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
Links
The THADDEA Platform may link to other platforms that are owned and operated by other Third Party Platform companies. These Third Party Platforms may include links to affiliated partners, however, the sites have their own data collection and separate privacy policies and terms and therefore, THADDEA is not responsible and cannot be held liable for the content, policies and activities of these Third Party Platforms. Visiting or accessing these Third Party Platforms is done so at your own risk.
Please be aware that these Third Party Platforms may send their own cookies to visitors or users, collect data or use your personal information for solicitation purposes. We advise you to check those websites terms and privacy policies prior to using their platform.
Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless THADDEA and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Participation Disclaimer
THADDEA makes it possible for users accessing the THADDEA Platform to view, post materials and interact with others on our Platform. However, we cannot and do not review all communications and posted materials to or created by users accessing our Platform. Furthermore, THADDEA is not responsible or liable for any loss or damage resulting from the content of communications and posted materials generated by THADDEA Platform users. If you make use of the abilities to view and distribute User Constructed Content on the THADDEA Platform, then you are acknowledging that THADDEA is merely acting as a passive conduit for the distribution and is not responsible or liable for any content or activities on the THADDEA Platform. The interactions you conduct with other people online or in person is solely your responsibility. THADDEA has no obligation to enter into any user dispute that may be derived from these interactions, though THADDEA may decide to if deemed necessary.
THADDEA reserves the right at its own discretion to remove or block any communications or materials that are determined to be offensive, in violation with these Terms and Conditions; or otherwise unacceptable to THADDEA. Earnings Disclaimer From time to time, THADDEA may report on the success of one of its existing or prior clients or customers. The information about this success is accurately portrayed by the Customer. You acknowledge that the prior success of others does not guarantee your success. As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation. The use of our information, products and services should be based on your own due diligence and you agree that THADDEA is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.
Warranty Disclaimer
User Constructed Content or any other content posted on the THADDEA Platform by a user is his or her responsibility. THADDEA is not responsible or liable for the content. The THADDEA Platform, User Constructed Content, content and products on the THADDEA Platform are presented "AS SHOWN" and without any warranties of any kind. As permissible by law, THADDEA disclaims all warranties whether implied or expressed, including but not limited to, implied warranties of acceptable quality and fitness for a particular purpose and non-infringement. THADDEA does not represent or warrant that the information and/or functions contained in the THADDEA Platform will be error-free, accurate, up-to-date, uninterrupted, that defects on the site will be corrected, or free from viruses or any other harmful components. THADDEA disclaims all warranties and assumes no responsibility or representations regarding the use of contents in this Platform in terms of their correctness, usefulness, timeliness, accuracy or sufficiency. When you download or obtain content from the THADDEA Platform you are acknowledging and agreeing that you are doing so at your own risk, and any use by you that results in damage to your mobile device, computer system, other devices, loss of data or any other harm that may result, will be your responsibility. THADDEA reserves the right to remove or suspend the entirety or any part of the THADDEA Platform at any time without notice or without acquiring any liability. The above limitations may not apply to you due to the fact all states do not authorize restrictions or exclusions on warranties.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. In no event shall THADDEA and its corporate affiliates, officers, directors, employees, agents, contractors or any other party involved managing the THADDEA Platform or Platform linked to THADDEA's Platform, shall not be liable for any unintended, special, punitive or other damages, including any lost earnings or data that result from the use of, or the inability to use, the materials on the THADDEA Platform, including damages caused by viruses, or the performance of products obtained on the THADDEA Platform or the behavior of other THADDEA Platform users, even if THADDEA has been notified in advance of the potential of any such damages. Users of the THADDEA Platform assume complete responsibility and may only be relieved of these responsibilities by terminating their use of the THADDEA Platform. Please note that applicable law and jurisdictions may not permit the exclusion of certain damages, so the above limitations and exclusions may not apply to you.
Remedies
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
Modifications to Site
THADDEA reserves the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice. You signify, by continuing to use the THADDEA Platform after the posting of changes to these Terms and Conditions (includes Privacy Policy) that you accept these changes.
Severability
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
Miscellaneous
Users of the THADDEA Platform agree the THADDEA website, Terms and Conditions and Privacy Policy shall be governed by the laws of the State of Tennessee, U.S.A., and the user hereby understands and agrees that he or she is not given personal jurisdiction over THADDEA in jurisdictions other than Tennessee. Except where prohibited, the user agrees that any dispute or legal proceedings resulting from the purchase of THADDEA products or use of the THADDEA Platform shall be resolved independently, without engaging in any class action lawsuit, and exclusively in the state or federal courts located in Knoxville, Tennessee. The user agrees to waive all defenses of insufficient of personal jurisdiction and inconvenient forum with respect to a location and jurisdiction in the state or federal courts located in Knoxville, Tennessee. Any user with a claim or cause of action arising from their use to the THADDEA Platform or purchase of THADDEA products must be initiated within three hundred and sixty five (365) days after the cause of action or claim occurs. The use of the THADDEA Platform by the user is an acknowledgment that THADDEA can send certain electronic communications and the user agrees to receive those communications. The user agrees that any form of electronic communications (notice, agreement, disclosure or other communication) or written communications THADDEA sends will serve as legal communication requirements. The failure of THADDEA to enforce, insist upon or let any portion of these Terms and Conditions become void shall not affect the legality or enforceability of the remaining provisions. These Terms and Conditions exist as stated and neither trade practices nor the conduct between the parties shall modify these provisions. Under these Terms and Conditions, THADDEA obtains the authority to assign its rights and duties at any time to any party without notice. These Terms include and incorporate by reference our Privacy Policy, which can be found here, and any notices regarding the Site.
Termination of Terms and Conditions
THADDEA reserves the right to suspend, limit or terminate your account, delete your profile, any of your User Constructed Content., block certain IP addresses or device numbers and all or a portion of your use to the THADDEA Platform, at any time with or without notice, cause and without liability to you or anyone else. You acknowledge and agree that even if your User Constructed Content is removed and account is terminated that some of your User Constructed Content may continue to appear in other parts of the THADDEA Platform and on other outside platforms such as Google, Facebook, Twitter, etc. These Terms and Conditions will remain in effect even after the termination of your account. THADDEA may refer any information regarding illegal activities, including your identity, to the appropriate authorities. The provisions and content stated in these Terms and Conditions shall survive any termination.
Contact THADDEA
If you have any questions or comments about our website or services then please contact us:
Customer Help
1-866-354-8354
Emails are returned within 2 business days.
THADDEA Corporate Office
3248 Tazewell Pike, Suite 103
Knoxville, TN 37918, USA |