Thingamalist Terms and Conditions
ACCEPTANCE OF TERMS
By using this website, you agree to be bound by these Terms and Conditions and
the terms of any written agreements between you and thingamalist, Inc.
("thingamalist"). In addition, there may be additional terms posted
during the use of particular services provided through this website, and such
terms are incorporated by reference into these Terms and Conditions. Any
features or services that are added to this site from time to time shall also
be subject to these Terms and Conditions.
We reserve the right to change our Terms & Conditions at any time. In the event of any changes, we will post the new Terms and Conditions here. Please check back periodically to review any changes.
DATA PROVIDED BY USERS
By providing any data to thingamalist through this site or otherwise, you
represent and warrant that such data is accurate and current, and that you are
authorized to provide such data to thingamalist. thingamalist may use any data
provided by users in any manner consistent with our posted Privacy Policy,
including copying, modifying, or distributing such data to third parties.
thingamalist may, but is not obligated to, monitor the content and use of this website. In the event thingamalist receives notice that you have allegedly violated these Terms and Conditions, thingamalist may investigate such violation and consider it a breach of these Terms and Conditions.
COMMUNICATION
Notices, agreements, disclosures and other communications to you may be made via either e-mail or regular mail. Electronic communication of said items fulfills any and all legal requirement that such communication be in writing.
MODIFICATIONS TO WEBSITE AND SERVICES
thingamalist reserves the right to modify, suspend, delay or discontinue,
temporarily or permanently, this site (or any part thereof) or any of its
services, with or without notice. You agree that thingamalist shall not be
liable to you or to any third party for any modification, suspension, delay or
discontinuance of this site or any of its services.
LINKS TO THIRD PARTY SITES
This web site may contain links to third party sites. thingamalist is not, and
cannot be, responsible for the accuracy or reliability of any information,
data, opinions, advice or statements made on these sites. thingamalist provides
these links merely as a convenience and the inclusion of such links does not
imply an endorsement. thingamalist is not liable for any content, products,
services, software or other materials available on such other sites.
INTELLECTUAL PROPERTY
"thingamalist" and the thingamalist logo are either registered
trademarks or trademarks of thingamalist and may not be used without the prior
written consent of thingamalist. All other company, product and service names
displayed on this site may be the trademarks of their respective owners.
All web site design, text, graphics, logos, icons, the selection and
arrangement of these elements, and all software are the property of Thingamalist or its content suppliers and are protected by U.S. and international intellectual property laws, including copyright. The content and
software on this site is to be used solely for providing information and
services to users of this site. Any other use, including reproduction,
modification, distribution, transmission, republication, display or performance
of the content or software on this site is strictly prohibited. thingamalist
respects the intellectual property of others, and we ask our users to do the
same.
HYPERLINKS
You may create a hyperlink to the home page of thingamalist’s websites so long as it does not portray thingamalist, its affiliates, or its products and services in a false, misleading or otherwise offensive manner. thingamalist may require that you remove a hyperlink at any time for any or no reason. You may only use the thingamalist logo or other proprietary marks as part of the hyperlink with express written permission from thingamalist.
COMPLIANCE WITH APPLICABLE LAWS
User access to this site is governed by all applicable federal, state and local
laws, including but not limited to the laws of obscenity, the right of privacy,
fraud and intellectual property. These Terms and Conditions and the
relationship between you and thingamalist shall be governed by the laws of the
State of Indiana without regard to its conflict of law provisions. You and Thingamalist consent to the personal and exclusive jurisdiction of the state and
federal courts located within the State of Indiana and waive any objection
thereto.
GENERAL DISCLAIMER
thingamalist assumes no responsibility for the accuracy of the information
provided on this website. thingamalist may change the programs, products or
services mentioned at any time without notice.
ALL INFORMATION AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. THINGAMALIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT.
LIMITATION OF LIABILITY
THINGAMALIST SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY PROGRAM, PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION AVAILABLE ON THIS SITE, EVEN IF thingamalist HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REMEDIES
If you breach any of these Terms and Conditions, thingamalist may, at its sole
discretion and in addition to any other remedies available at law or equity,
deny or suspend your access to the site.
INDEMNITY
You agree to defend, release, indemnify and hold thingamalist, and its
affiliates, officers, agents, suppliers or other partners, and employees,
harmless from any claim or demand, including reasonable legal fees, made by any
third party due to or arising out of your use of this site or its programs,
products or services or your violation of these Terms and Conditions.
GENERAL
These Terms and Conditions and all other terms or agreements referenced herein
constitute the entire agreement between you and thingamalist and govern your
use of this site, unless you and thingamalist have executed an express written
agreement. Any additional express written agreement between you and Thingamalist would apply only to the extent there is a conflict between these Terms
and Conditions and that agreement. The failure of thingamalist to exercise or
enforce any right or provision of these Terms and Conditions shall not
constitute a waiver of such right or provision. If any provision of these Terms
and Conditions is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
these Terms and Conditions remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of this site or these Terms and Conditions
must be filed within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in the Terms and Conditions are for
convenience only and have no legal or contractual effect.
Thingamalist Privacy Policy
Thingamalist takes privacy very seriously and created this Privacy Notice to explain how it uses and handles personal information received during your visit to our web site. This Policy applies to all of the products, services and websites offered by thingamalist or its subsidiaries or affiliated companies (collectively, thingamalist "services"). By using our services, you accept the practices described in this Privacy Notice
What information do we collect and why?
Automatically Collected Information
We automatically receive and store certain types of information whenever you use our web site. Examples of the types of information automatically collected are listed below.
IP Addresses: We may use your IP address (not your e-mail address) to help diagnose problems with our server, to administer our web site, or to gather broad demographic information.
Cookies: A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain information, such as a user ID, that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites.
We use cookies to enhance the user experience and deliver personalized content. Cookies may help us to deliver information specific to your interests. Some parts of this site may also use cookies to track user traffic patterns for the purpose of determining the usefulness of information supplied to our users and to see how effective our navigational structure is in helping users reach that information. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some thingamalist features and services may not function properly if your cookies are disabled.
Other examples of the information we may automatically collect and analyze include password; computer and connection information such as browser type and version, operating system, and platform; activity history; the full Uniform Resource Locators (URL) clickstream to, through, and from our web site, including date and time; cookie number, and information or services you viewed or searched for.
Private Headers: A header is part of the data packets which are sent to your browser and in turn received by our servers. Headers contain transparent information about the transmission. We use custom (also known as "private") headers for different aspects of our websites. Many internet security software applications disable this type of header.
If custom / private headers are disabled or blocked in your internet security software application, you won't be able to use many of the features that thingamalist offers. We apologize for any inconvenience this may cause. Within your internet security software application, custom / private headers can be enabled on a site-by-site basis. Please see the product documentation for more information.
Information You Provide to Us
We receive and store any information you enter on our web site. We use the information that you provide for such purposes as fulfilling your order responding to your requests, customizing our services for you, improving our services, and communicating with you.
If you purchase a product or service from us, we request certain personally identifiable information from you. You must provide contact information (such as name, email, and credit card billing address) and financial information (such as credit card number, expiration number). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
This information may also be used to send you requested information, to contact you with other information and to learn more about our web site visitors. You may choose to not receive any further information from us at any time. For more details, check the Opt-out section below.
If you give us your e-mail address, we may communicate with you via e-mail. However, we do not share your e-mail address with others.
Online Surveys
From time to time, we may conduct online surveys or questionnaires. Our surveys may ask you for demographic information, such as your zip code or your industry sector. If the online survey collects contact data, we may use that data to send you further information only if we specifically asked for your permission in the survey. You are free to opt-out of receiving future mailings at any time.
Demographic and User Profile Data
We may use demographic or user profile data that we collect to tailor your web experience, deliver content that we think may interest you, and display information that matches your preferences. We may use this data to gain an insight into your needs and interests.
Does thingamalist collect any information from children?
thingamalist does not sell products or services for purchase by children. If you are under 18, you may use thingamalist.com only with involvement of a parent or guardian.
Who does thingamalist share your information with?
Agents : We may employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, analyzing data and providing customer service. They have access to personal information only as needed to perform their specified functions, and are not permitted to use it for other purposes.
Protection of thingamalist and Others: We release personal information when we believe release is appropriate to comply with law; enforce or apply related agreements; or protect the rights, property, or safety or thingamalist, our users, or others.
With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
How is your information protected?
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Internally, thingamalist restricts access to personally identifiable information. Only employees who need the information in order to do their jobs have access to it. These employees are limited in number and are committed to our privacy and security policies.
Data Integrity?
thingamalist processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Accessing and updating personal information?
When you use thingamalist services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users' personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.
Links to Other Sites
This site may contain links to other sites. thingamalist is not responsible for the privacy practices or the content of other web sites. Please refer to the policies of the respective site.
How can I choose not to provide information to thingamalist?
You can opt out of receiving communications from us, or having your personal data used for any purpose unrelated to the purpose for which the information was provided to us, at any time. You can make the decision to opt out at the point on our site where we request information from you. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
In addition, the Federal Trade Commission provides useful information about online privacy on its own web site, http://www.ftc.gov/privacy/index.html .
If you have any questions about this privacy notice, the practices of this site, or your dealings with this web site, feel free to contact:
Privacy Matters
Thingamalist
765 J Lockefield St.
Indianapolis, IN 46202
jchase@thingamalist.com
Conditions of Use, Notices, and Revisions
If you choose to visit our site, your visit and any dispute over privacy is subject to this Notice and any other terms or conditions posted to this site, including limitations on liability, and application of the law of the State of Indiana . If you have any concern about privacy at our site, please send us a thorough description to: privacy@lthingamalist.com and we will try to resolve it. The services we provide and our projects change constantly. This Notice will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our web site frequently to see recent changes.