Use of HappyThoughts.com constitutes acceptance of these terms and conditions. Happy Thoughts may make changes to the information on our site or to services described therein, at any time and without notice.
COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS
All trademarks, service marks, trade names and photography are the property of Happy Thoughts. No use of these may be made with out the prior written consent of Happy Thoughts except to identify the products or services of Happy Thoughts.
The products, logos, designs, advertisements, and photographic images described or displayed on the site are the intellectual property of Happy Thoughts and may not be used without permission. Our site as a whole is protected by copyright and trade dress. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of this site. Any violation of this may result in legal action. The content of the Happy Thoughts web site, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We welcome your comments and feedback regarding our Web sites, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions disclosed, submitted or offered to Happy Thoughts using this web site or otherwise (collectively, “Comments”), are not confidential and will become and remain Happy Thoughts’s property. The disclosure, submission or offer of any Comments constitutes an assignment to The Company of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
COMMUNICATIONS TO YOU
You agree that Happy Thoughts may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Happy Thoughts’s products or services, or for such other purpose(s) as Happy Thoughts deems appropriate.
Products seen on Happy Thoughts have limited availability and are subject to supply. Descriptions, specifications, colors and pricing are subject to change at any time and without any notice. While we have made every effort to display as accurately as possible the colors and/or graphics of our products, we cannot guarantee that your monitors display of any color and/or graphic will be accurate. We will have no liability (whether for damages, return of merchandise for credit, or otherwise) as a result of any variances between the appearance of colors and/or graphics displayed on your monitor and on any finished product purchased by you. Prices displayed on the site are quoted in U.S. Dollars.
LINKS TO OTHER WEB SITES AND SERVICES
In an attempt to provide increased value to our visitors, Happy Thoughts may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Happy Thoughts, Happy Thoughts has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Happy Thoughts. Happy Thoughts has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk.
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Happy Thoughts DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. Happy Thoughts DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Happy Thoughts DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If a particular item is out of stock, it will be noted on your packing slip and the cost will be refunded to you. If you are not completely satisfied with your purchase you may return it with your invoice by mail. Please see our Return Policy.
You agree to indemnify, defend, and hold harmless Happy Thoughts, its owner, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
This Agreement shall be construed in accordance with the laws of the State of Colorado, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Denver, Colorado.