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WEBSITE TERMS OF USE

Welcome to Theoful.com (the “Site”). We make information available to you on Theoful.com subject to the following terms and conditions. If you visit the Site, you accept these Terms + Conditions. Please read them carefully. This Agreement is between you (“you” or “user”) and Theoful LLC (“Theoful”) pursuant to which Theoful is prepared to grant you access to this Site. Theoful reserves the right to change this Agreement from time to time at its sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use or purchase. If you do not agree with these terms of use, do not use this Site. This Agreement is in addition to your obligations and rights under the Privacy Policy posted on the Site. For the avoidance of doubt, in the event of a conflict between this Agreement and the Privacy Policy or other terms and conditions posted on the Site, this Agreement will control. If you are unsure of your rights under this Agreement, please contact us as set forth below.

LICENSE AND SITE ACCESS

Theoful grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of Theoful. This license does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Theoful.com or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Theoful. 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 Theoful and its affiliates (including the parent company, “Affiliates”) without express written consent from Theoful. Any unauthorized use terminates the permission or license granted by Theoful.

TERMS OF USE FOR DOWNLOAD AND USE OF THE SCREENSAVER

You can download the Screensaver from the Site and use it. The Screensaver is provided “as is” and your use of the Screensaver is at your own risk. The Screensaver may contain significant or insignificant program errors, bugs, and viruses, which may cause an operational interruption to your computer system. You must screen the Software for viruses before downloading to your computer. Except to the extent that such terms cannot be limited or excluded by law, no conditions, warranties, representations or other terms, whether express or implied shall apply with respect to the Screensaver. Except to the extent permitted by law, Theoful disclaims all liability (howsoever arising) in connection with any loss, damage and/or expense arising out of or in connection with downloading, installation or use of, or inability to use Screensaver. In particular and without limitation to the generality of the above, Theoful shall not be liable for any loss of uses of or damage to a computer equipment, software or data; any financial loss; indirect, special or consequential loss or damage. Theoful does not hold any obligation to answer any question about use of the Screensaver.

TRADEMARKS AND SERVICE MARKS

Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of Theoful or its licensors, sponsors or suppliers and are protected by trademark laws. The trademarks may not be used in any manner that is likely to cause confusion to Theoful. Theoful and its logo are, without limitation, among the registered trademarks of Theoful and its Affiliates. Infringement of any Theoful trademark is not permitted.

COPYRIGHTS

All content including product designs (including any and all collateral materials relating thereto) included on this Site are owned by Theoful and/or its licensors and protected by copyright laws and/or design patents. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by email or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein. You are not allowed to use any product designs without Theoful’s express written agreement.

OUR PRODUCTS

Theoful attempts to be as accurate as possible in its product descriptions. However, Theoful does not warrant that product and price descriptions or other content of this site are accurate, complete, reliable, current, or error-free.

PROMO CODES

Promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude tax, shipping fee and gift wrapping fee. Discounts cannot be used in conjunction with any other offers.

MULTIPLE ACCOUNTS

Theoful reserves the right to temporarily block, suspend or terminate the account of anyone who provides inaccurate, untrue or incomplete information, anyone who abuses the services provided by our website and app as well as anyone that qualifies for inappropriate account activity on our website or app.

RETURNS

To ensure a positive shopping experience for all our customers, if we identify an unreasonable return pattern, we may restrict or refuse future transactions from such customers. We also reserve the right to terminate accounts and limit purchases in our sole business discretion.

COMMUNICATIONS AND OTHER CONTENT

Visitors may submit suggestions, ideas, comments, questions, or other information, to our User Service Department so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. If you do submit material, you automatically grant Theoful and its Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You grant Theoful and its Affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity; that the content you supply does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such content is and will not be defamatory or libelous; and that you will indemnify Theoful and/or its Affiliates for all claims resulting from content you supply. Theoful has the right but not the obligation to monitor and edit or remove any activity or content. Theoful takes no responsibility and assumes no liability for any content shared by you or any third party through the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY THEOFUL ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEOFUL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THEOFUL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEOFUL DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM THEOFUL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. THEOFUL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THEOFUL’S LIABILITY TO YOU IN CONNECTION WITH THIS SITE AND THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY EXCEED $500.00. 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.

INDEMNIFICATION

You agree to indemnify Theoful and its Affiliates against all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that Theoful may incur as a result of your breach of any of these Terms + Conditions or any claims brought against Theoful and/or its Affiliates relating to information submitted by you or actions taken by you. We will provide you with timely notice of any such claim, suit or proceeding.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

SECURITY

Please review our security practices set forth in our Privacy Policy.

FORCE MAJEURE

Theoful shall have no liability to you for any delay or failure in carrying out its obligations to any customer for reasons beyond Theoful’s control, including without limitation, acts of God, war or terrorism, natural disasters, charges in or compliance with laws, regulations or governmental policies and shortages of supplies and services. Theoful may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to Theoful with respect to any undelivered portion of the order so canceled.

GENERAL

By your continued use of this site, you acknowledge that you have read and understand these Terms of Use and you agree to act in accordance with its terms and conditions and be bound by them. These Terms of Use shall not be altered or modified in any way without the prior written consent of Theoful. Theoful’s failure to act with respect to a breach by you or others does not waive Theoful’s right to act with respect to subsequent or similar breaches. If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly and severally, assume all of your obligations set forth in this Agreement. If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of this agreement shall continue to be valid and enforceable to the fullest extent permitted by law. If you have any questions regarding this Terms of Use for this Site, please contact us at support@theoful.com. © Theoful LLC 2025 Last Updated: January 25, 2025

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