PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE.
Prices and Orders
All prices displayed on our Website are in U.S. Dollars. All prices and product availability are subject to change without notice. Prices advertised on our Website are for online orders only. In addition, Thinkreate reserves the right, at anytime and for any reason, to refuse, limit or cancel any orders, whether or not the order has been confirmed and your credit or debit card charged. In the event your order is cancelled and your credit or debit card has been charged, Thinkreate will promptly issue a refund to your credit or debit card account in the amount of your purchase.
Color and Product Description
Thinkreate has made every effort to display as accurately as possible the colors of the products that appear on our Website. However, as the actual colors you see will depend on your monitor, Thinkreate cannot guarantee that your monitor's display of any color will be accurate. All product descriptions appearing on our Website are attempted to be as accurate as possible. However, Thinkreate does not warrant that any product descriptions are accurate, complete, current, or error free. If a product delivered by Thinkreate is not as described or depicted on our Website and/or not in the color of your choice, your sole remedy is to return it to Thinkreate in undamaged condition, within 30 days of your invoice date, for a prompt and courteous refund of your purchase price, less the actual shipping and handling costs to ship the order to you. All returns must be sent to us freight prepaid. E-Mail our customer service department for a "Return Goods Authorization" (RGA) and return instructions or call us at +1 (868) 637-3146.
Links to Third Party Websites and Services
In the event our Website contains links to third party websites (hereinafter referred to as ‘Linked Websites'), you agree that Thinkreate does not endorse, sponsor, or control these Linked Websites and is therefore not responsible or liable for any content, advertising, products, or other materials on such Linked Websites. Any concerns you may have regarding any Linked Website, must be directed to that particular Linked Website. You agree to defend, indemnify and hold Thinkreate, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents harmless from and against any and all claims, damages, losses, costs, and expenses, including attorneys' fees, arising out of or related to the use by you of any Linked Websites.
Many activities on our Website are conducted within the scope of you registering an account name with Thinkreate and receiving a secure password. Thinkreate shall retain the ownership of your account and licenses it to you on a limited non-exclusive basis for the duration of your account activation. You hereby agree that you are solely responsible for keeping your account information and password confidential and secure, which may include you taking the following safeguards: restricting access to any computer owned by you or not disclosing the password of your account to anyone, except persons you have authorized to use your account. You hereby agree to accept full responsibility for any liabilities resulting from all activities that occur within any such account registered in your name with our Website, including, but not limited to any liability that may occur with respect to the use of your account by any person you have duly authorized to access and use your account or by any liability that may occur as it relates to your failure to keep your account name and password secure. You agree to notify Thinkreate promptly upon any unauthorized use of your account.
User Conduct and Information Submitted by You
You agree that you are and shall remain solely responsible for the content of any Comments you submit to Thinkreate or our Website. In addition, you hereby agree to defend, indemnify and hold harmless Thinkreate, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents from and against any and all claims, damages, losses, costs, and expenses, including attorneys' fees, arising out of any Comments you submit, post, or transmit to or from our Website.
You agree that any Comments disclosed, submitted or offered by you to Thinkreate in connection with your use of our Website, shall become and remain the property of Thinkreate. All such Comments submitted by you will be treated as non-confidential and non-proprietary and Thinkreate will be entitled to use, edit, reproduce, disclose, modify, adapt, create derivative works from, display, distribute, and publish any Comments you submit to us for any purpose whatsoever, including but not limited to, marketing, developing or manufacturing products that incorporate such Comments, all without restriction or compensation to you. Any Comments submitted by you to Thinkreate shall constitute an assignment to Thinkreate of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. You hereby grant Thinkreate the right to use your name, along with your city and state of residence that you submit in connection with any Comments.
Disclaimer of Warranties
Thinkreate does not warrant that the functions on our site will be uninterrupted or error-free, that defects will be corrected, or that Thinkreate or the server that makes them available are free of viruses or other harmful components.
The information and opinions expressed in any Auditorium Events, Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Thinkreate or its affiliated or related entities and Thinkreate makes no representations or warranties regarding such information or opinions.
Limitation of Liability
In no event shall Thinkreate be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use the site or the content, materials and functions related thereto even if Thinkreate or any authorized representative thereof has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users.
You shall indemnify, defend and hold Thinkreate, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of this Agreement or any use by you of the Site or as a result of a dispute with another User.
Thinkreate makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who chose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
You acknowledge and agree that all contents and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Thinkreate, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may download one copy of the materials or content on this site on any single computer for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any other purpose is prohibited.
Use of Information
Thinkreate will not reveal any personal information that users provide to us to any third party without their permission.
Using e-mail addresses provided at registration or otherwise, Thinkreate periodically sends out e-mail newsletters and promotional e-mail to our users about services and products offered by our main website and its advertisers. Users can indicate that they do not wish to receive e-mail information from Thinkreate or its advertisers. Third parties will not contact our users through the use of our e-mail newsletter lists except through advertisements within the newsletters themselves, or unless users ask to be placed on a list to receive e-mail from our advertisers on subjects of interest.
Upon request, Thinkreate will remove users (and their information) from our database or permit them to "opt-out" of any further e-mail newsletters or contact. Although Thinkreate does not specifically seek to obtain any information from children, there are certain areas of our websites that children may visit. We urge children only to give us any information after they have discussed it with their parents.