Terms of Service

Terms of Service

Last Changes to Terms of Service: August 22, 2025

The following terms and conditions (“Terms of Service” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Thensome, Inc. and its subsidiaries, parents and affiliates (collectively, “Thensome” or “Company” or “we” or “us” or “our”), governing your access to and use of the www.thensome.com website, as well as any other media form, media channel, or any of our past, present or future websites related or connected thereto (collectively, the “Site”), and any products (“Products”) or services supplied by or on behalf of us through the Site (collectively, “Services”).  Supplemental terms and conditions or documents that may be posted on the Site from time to time, and any new features or tools that are added to the Site shall also be subject to and are hereby expressly incorporated into these Terms of Service by reference. 

Please note: These Terms of Service between us contain an arbitration clause and class action waiver that requires you and Thensome to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.

By accessing, browsing, or otherwise using the Site, you agree to be bound by and abide by the Terms of Service, including those additional terms and conditions and policies described on the Site or referenced or linked herein (including the Privacy Policy).  These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  If you do not agree to all the terms and conditions contained herein, then you may not access the Site or use any Services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service in our sole and absolute discretion by posting updates and/or changes to our Site.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.  We may, but in no circumstances shall be under any obligation to, notify you of material changes by posting a notice on the Site, sending an email to the address on file, or updating the “Last Updated” date at the top of these Terms and you agree that any such notification is sufficient notice.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE.  IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT THENSOME MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE SITE.

Age Requirements 

In order to access the Site and use the Services, you must be at least twenty-one (21) years of age and fully able and competent to enter into and abide by these Terms. Individuals under the age of twenty-one (21) are not permitted to use the Site or the Services. By accessing the Site or using the Services, or by clicking to accept the Terms when this option is made available to you, you represent and warrant that you are at least twenty-one (21) years of age and are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.

Compliance 

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

There are significant risks and warnings regarding our Products and/or Services detailed in these Terms and on the Site and by using our Site, the Services, and/or the Products you acknowledge that you have read such warnings and you agree to assume all such risks.  Our Products are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness.  Our Products and any statements made regarding our Products have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy.  By accessing this Site, you acknowledge the information provided on this Site, within any of Thensome’s social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, is provided for informational and educational purposes only.  In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects.  You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site.

Thensome makes no representations that the Products or Services made available through this Site will be available or appropriate in every jurisdiction in which this Site may be accessed or Services utilized.  To the best of Thensome’s knowledge, it operates legally under Applicable Law (as defined below); however, it is up to you to determine whether accessing this Site and purchasing our Products is legal where you are.  You expressly acknowledge that you are familiar and assume full responsibility for cooperating and complying with all Applicable Law regarding the use, possession and consumption of the Products on the Site in your state and local municipality.  “Applicable Law” means the federal, state, and local laws, rules, and regulations (as may be amended from time to time) applicable to you, Thensome, the Products, Site or Services, but excluding the following restrictive interpretations of certain provisions of federal and state law: (i) the United States Food and Drug Administration’s interpretation of certain provisions of the Federal Food Drug & Cosmetic Act, specifically, 21 U.S.C. § 331(ll) and 21 U.S.C. § 321(ff)(3)(B)(ii), that tetrahydrocannabinol and cannabidiol are precluded from use in food and dietary supplements, respectively; (ii) any state laws or interpretations of state laws that are analogous to or have been interpreted in a manner analogous to the foregoing; and (iii) any state laws that have adopted these provisions of the Federal Food Drug & Cosmetic Act and the United States Food and Drug Administration’s interpretation of such provisions. 

You access this Site and purchase our Products at your own risk, and you are responsible for compliance with all Applicable Law.  You may only place an order to purchase Thensome’s Products or use our Services in accordance with Applicable Laws and any applicable international jurisdiction in which you will possess, use, or ship any Products.

Our Products are intended for personal use only and may not be resold, repackaged, or distributed for commercial purposes without our prior written consent.  Any unauthorized resale or redistribution of our Products is strictly prohibited and undertaken at your own risk.

Safety Acknowledgment 

Please consult your healthcare professional about potential interactions or other possible complications before using any product.  If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our Products.  If you believe or suspect that you have a medical problem, promptly contact your doctor or healthcare provider.  Thensome shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our Products.  Keep Products out of reach of children and animals.

Avoid mixing with alcohol or caffeine.

Consumption of Hemp-Derived Cannabinoids and Drug Testing 

The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites.  Thensome cannot guarantee that Products available for sale on this Site do not contain traceable amounts of THC nor can Thensome guarantee that use of Thensome’s Products will not result in failed drug screening for THC, other cannabinoids, or their metabolites.  Your use of Thensome’s Products is at your own risk.  You agree that Thensome is not responsible for any personal adverse employment or professional action related to your use of the Products.

Registration and User Information 

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.  If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or the Services, and to terminate or suspend your access at any time without notice.

In order to purchase Products from the Site you must complete the checkout process to become a customer.  You will be required to provide your name, address, email address, phone number, and/or other personal information (“User Information”).  You must provide complete and accurate information during the registration process.  You have an ongoing obligation to update your User Information if and when it changes.  Our information collection and use policies with respect to your User Information are provided in our Privacy Policy, which is incorporated into these Terms of Service by reference.  An age verification confirmation will occur during the checkout process in order to confirm that you are of legal purchasing age.  Only persons of legal purchasing age and that have confirmed their age can purchase Products, use our Services, and/or participate in any promotions or offers.

You may also be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password.  You may not use the account, username, or password of someone else at any time.  You are also solely responsible for any and all activities that occur under your registration or your User Information.  You agree to notify us immediately of any unauthorized use of your account, username, or password.  If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.

You agree that you will not create more than one account.  By registering and obtaining an account you affirm you will follow these Terms of Service.  Your registration constitutes your consent to enter into agreements with us electronically.  During checkout, we may affirm your acceptance of these Terms, and you agree that doing so does not in any way affect the validity of your acceptance by using the Site.  Such confirmation is merely an abundance of caution.

You agree that Thensome shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge.  You may be held liable for any losses incurred by us, our affiliates, owners, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.

We reserve the right to terminate your registration or to refuse Services to you, without prior notice to you, at any time and for any or no reason.

Upon termination of your account or your access to the Site, we may retain your personal data and account information for as long as necessary to comply with legal obligations, resolve disputes, enforce our agreements, or for other legitimate business purposes, consistent with our Privacy Policy.

Restrictions On Use 

You may use this Site for purposes expressly permitted by this Site.  You may not use this Site for any other purpose, including any commercial purpose, without our express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of Thensome.  For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site.  You agree to cooperate with Thensome in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

In addition, you are prohibited from using the Site or its Content (as defined herein): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including violating anyone’s copyrights or trademarks or their rights of publicity; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Services, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to solicit funds, advertisers, or sponsors; or (l) to interfere with or circumvent the security features of the Site, Services or any related website, other websites, or the Internet.  We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses. 

Although under no obligation to do so, Thensome reserves the right to monitor use of this Site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither Thensome nor any third party that provides Content to Thensome will assume or have any liability for any action or inaction by Thensome or such third party with respect to any submission.

Copyrights and Copyright Agent 

Thensome respects the intellectual property of others and in this regard, it is Thensome’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law.  Responses may include removing or disabling access to content claimed to be the subject of infringing activity and/or terminating a user’s access to the Site.  If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide Thensome’s Copyright Agent the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512): 

  • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
  • A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
  • A description, in reasonable detail, of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent: Please send the written communication to our copyright agent by e-mail and by U.S. Mail to:

Thensome, Inc.
c/o Copyright Agent
2912 North Central Park Avenue
Chicago, Illinois 60618
contact@thensome.com

Security 

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Thensome will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Thensome considers insecure, Thensome will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Thensome reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Thensome reserves the right to investigate suspected violations of these Terms of Service.

Thensome reserves the right to fully cooperate with any law enforcement authorities or court order, including those requesting or directing Thensome to disclose the identity of any customer or any person posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THENSOME FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THENSOME DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THENSOME OR LAW ENFORCEMENT AUTHORITIES.

Proprietary Information 

The material and content accessible from this Site—including, without limitation, text, images, photographs, graphics, logos, button icons, trademarks, software, source code, databases, functionality, mobile applications, website designs, audio, and video—as well as any other media form, channel, application, or website owned, operated, licensed, or controlled by Thensome (collectively, the “Content”) is the intellectual property and proprietary information of Thensome or the party that provided it.  Thensome or the respective content provider retains all rights, title, and interest in the Content.  Accordingly, the Content may not be used, copied, distributed, sold, resold, republished, licensed, uploaded, posted, or transmitted in any form or by any means without the prior written consent of Thensome, unless otherwise authorized in writing elsewhere on our Site.  You may, however, print a copy of the Content solely for your personal use; provided that you do not remove or alter any copyright, trademark, trade name, service mark, or other proprietary notice appearing on or with the Content.  Any modification or use of the Content other than as expressly permitted in these Terms of Service constitutes a violation of Thensome’s intellectual property rights.  Accessing this Site or its Services does not transfer any ownership or intellectual property rights to you.

Trademarks 

Trademarks, service marks, and logos appearing in this Site are the property of Thensome or the party that provided the trademarks, service marks, and logos to Thensome.  Thensome and any party that provided trademarks, service marks, and logos to Thensome retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

Third-Party Material 

Certain Content and Services available via our Site may include materials from third parties. Third-party links on this Site may direct you to external websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy of these third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.

In addition, our Site may offer access to third-party services that are integrated directly into our platform. These services may include, but are not limited to, payment processors, shipping providers, age or identity verification tools, and marketing platforms.  These services are provided by independent third-party vendors and are subject to their own terms of use and privacy policies.  We do not control and are not responsible for the content, functionality, accuracy, legality, or any other aspect of such third-party services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites or third-party services available through our Site.  Please review the third party’s terms, policies, and practices carefully and ensure you understand them before engaging in any transaction or use of such third-party services.  Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.  You are responsible for taking reasonable precautions in all actions and interactions with third parties you interact with through the Site.

User Content, Comments and Feedback 

You grant us a perpetual, worldwide, royalty-free license to use any materials you post to the Site and/or in connection with the Services.  Additionally, by reviewing, posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or through the Services, you grant us, and our affiliates, subsidiaries, parents, owners, officers, directors, employees, consultants, agents, and representatives, a separate perpetual, worldwide, royalty-free license to use such User Content in connection with the operation of the Site and Services.  This includes, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your User Content.  You also agree that we may publish or otherwise disclose your User Content in our sole discretion.  All use of your User Content will be subject to the limitations set forth in our Privacy Policy, which is expressly incorporated into these Terms of Service by this reference.

You will not be compensated for any User Content.  By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

You agree that your User Content will not contain libelous or otherwise unlawful, abusive, obscene, deceptive, or otherwise objectionable material or involve any commercial activity or promotion.  Moreover, your User Content may not contain any computer virus or other malware that could in any way affect the operation of the Site.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content.  You are solely responsible for any User Content you provide and its accuracy.  We take no responsibility and assume no liability for any User Content posted by you or any third party.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole and absolute discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of Applicable Law, any party’s intellectual property rights, or these Terms of Service.

Push Notifications, Text Messages, and Emails 

If you provide us with your cell phone number, you agree and consent to receive certain text messages from us regarding the Site, Products, and Services.  These messages may relate to the Site’s operations or include promotional content.  Standard text messaging rates imposed by your mobile carrier may apply.  You can opt out of receiving text messages at any time by replying “STOP” to any message we send.  Please note that you may continue to receive messages for a brief period while your opt-out request is being processed.

Thensome text messages may be sent using an automatic telephone dialing system.  You hereby waive your right to pursue any claims (including claims arising while your opt-out request is pending) under the Telephone Consumer Protection Act (“TCPA”).  To the extent any TCPA claim cannot be waived by using the Site or Services, you agree that any such claim against Thensome will be resolved through individual arbitration, not as part of a class or representative action, in accordance with the Governing Law and Arbitration provisions of these Terms of Service.

By providing us with your email address, you agree that we may send you emails regarding our Site and Services, including information related to third-party products, services, or offers.  You may opt out of marketing emails at any time by following the unsubscribe instructions included in each email.

If you enable push notifications through your browser or mobile device, you agree to receive alerts from us, which may include updates, account information, or promotional content.  You can manage or disable push notifications at any time through your device or browser settings.  Please note that disabling push notifications may impact the functionality of certain Services.

Orders and Payment 

You agree that any order you place through the Site (each, an “Order”) is an offer to buy, under these Terms of Service, all Products listed in your Order. 

All shipping of Products is at your request, and for your convenience only in accordance with our Shipping Policy.  

We must accept all Orders before we are obligated to sell the Products to you.  Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email.  We may choose not to accept any Order, or change or cancel any Order after accepted, in our sole and absolute discretion.  If we make a change to or cancel an Order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made.  You agree to pay for all Orders you place through the Site.  By purchasing a Product using the Site, you agree to be bound by these Terms, our Shipping Policy, and our Refund Policy.  Our Shipping Policy and Refund Policy is incorporated into these Terms by reference.  Please review the full policies before making any purchase. 

All prices posted on this Site are subject to change without notice.  The price charged for a Product will be the price in effect at the time the Order is placed and will be sent out in your Order confirmation email.  Price increases will only apply to Orders placed after such changes.  Posted prices prior to checkout do not include taxes or charges for shipping and handling.  All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email.  We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.

We will arrange for shipment of the Products to you.  You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any Products that we offer.  All descriptions of Products or Product pricing are subject to change at any time without notice, and in our sole discretion.  We reserve the right to discontinue any Product at any time.  Any offer for any Product made on this Site is void where prohibited.  We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Changes in Features 

We reserve the right to modify, suspend, or discontinue any part of the Site, Services, or Products at any time, with or without notice.  We are not liable to you or any third party for any modification, suspension, or discontinuance.

Errors, Inaccuracies and Omissions 

Occasionally, our Site or Services may contain typographical errors, inaccuracies, or omissions, particularly with respect to Product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.  We reserve the right, at any time and without prior notice, to correct any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information on the Site, Services, or any related website is inaccurate.  This right applies even after an order has been submitted.

We undertake no obligation to update, amend, or clarify any information on the Site, in the Services, or on any related website, including, without limitation, pricing information, except as required by Applicable Law.  Any specified update or refresh date displayed on the Site, Services, or related websites should not be interpreted to indicate that all information has been modified or is current.  Content may not always be accurate, complete, or up to date, and we do not warrant or guarantee the reliability of any such Content.

All information provided on the Site, whether historical or forward-looking, speaks only as of the date it is posted.  Thensome assumes no obligation to update or remove any such information after publication, even if it is no longer accurate or complete.  Your reliance on any Content is entirely at your own risk.

We shall not be liable to you or any third party for any modification, correction, change, suspension, or discontinuance of the Site, Services, Products, or any related Content.

Internet Security and Technical Risks 

You understand and agree that we cannot and do not guarantee or warrant that files available for download from the Internet or through the Site will be free of viruses, worms, Trojan horses, or other harmful code.  You are solely responsible for implementing appropriate safeguards to satisfy your requirements for data security, accuracy of input and output, and for maintaining a means external to the Site for any reconstruction of lost data.  Thensome disclaims any responsibility or risk for your use of the Internet.

Content Accuracy and Intended Use 

The Content is provided “as is” and without warranties of any kind, either expressed or implied.  The Content on the Site is provided for general informational and educational purposes only.  While we strive for accuracy, the Content may not always be complete, current, or applicable to your specific circumstances.  It is not intended to replace official reports, statements, notices, or professional advice.

If you are an investor, lender, or other third party using this Site in a commercial or evaluative capacity, you acknowledge and agree that the Site is not intended to serve as a source of financial, investment, regulatory, or legal due diligence.  We make no representations or warranties regarding the completeness, reliability, or suitability of the Content for such uses, and any reliance on it is at your own risk.

DISCLAIMERS AND LIMITATIONS OF LIABILITY 

YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW.  THENSOME, ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES, PRODUCTS, AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, SALABILITY, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  THENSOME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THENSOME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU, AND NOT THENSOME, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR THE SERVICES.  THENSOME MAKES NO WARRANTIES THAT YOUR USE OF THE SITE OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS.  THENSOME SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY ORDER OR THE FULFILLMENT OR NON-FULFILLMENT THEREOF, OR ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE.  THENSOME IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE OR THE SERVICES, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THENSOME AND, IF APPLICABLE, ANY, DIRECT OR INDIRECT, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THENSOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THENSOME OR ANY, DIRECT OR INDIRECT, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500.00 OR THE AMOUNT YOU HAVE PAID TO THENSOME FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

THE DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS CONTAINED IN THESE TERMS SHALL SURVIVE THE COMPLETION OF ANY TRANSACTION AND THE TERMINATION OF YOUR USE OF THE SITE.

INDEMNIFICATION 

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US AND ANY PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AND EACH OF OUR AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, AGENTS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ALLEGATIONS, DEMANDS, ACTIONS, CAUSES OF ACTION, LAWSUITS, INVESTIGATIONS, AND PROCEEDINGS INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY, DAMAGES, COSTS, EXPENSES (INCLUDING, REASONABLE ATTORNEYS’ FEES), SETTLEMENTS, FINES, PENALTIES, AND LOSSES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR VIOLATION OR BREACH OF THE TERMS; (II) YOUR USE OF THE SITE OR SERVICES; (III) YOUR DISPUTE WITH ANOTHER USER; (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; (V) YOUR VIOLATION OF APPLICABLE LAW; OR (VI) YOUR PURCHASE OR USE OF ANY PRODUCTS.  THIS INDEMNIFICATION OBLIGATION WILL CONTINUE AFTER YOU STOP USING THE SITE OR SERVICES.  WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM AND MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.

BY PURCHASING ANY PRODUCTS THROUGH THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR THE USE, HANDLING, STORAGE, AND CONSEQUENCES OF SUCH PRODUCTS.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY WAIVE, RELEASE, AND DISCHARGE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION AGAINST THENSOME, AND ANY, DIRECT OR INDIRECT, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES ARISING OUT OF OR RELATED TO YOUR PURCHASE, POSSESSION, USE, MISUSE, OR DISTRIBUTION OF THE PRODUCTS.  YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THENSOME, AND ANY, DIRECTOR OR INDIRECT, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, ALLEGATIONS, DEMANDS, ACTIONS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, DAMAGES, LOSSES, FINES, PENALTIES, JUDGMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM OR RELATED TO: (I) YOUR USE OR MISUSE OF THE PRODUCTS; (II) YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS; (III) YOUR BREACH OF THESE TERMS OF SERVICE OR ANY OTHER APPLICABLE TERMS OR POLICIES; OR (IV) ANY CLAIM BROUGHT BY A THIRD PARTY IN CONNECTION WITH YOUR PURCHASE, POSSESSION, OR USE OF THE PRODUCTS. 

THE WAIVERS AND INDEMNIFICATION PROVISIONS CONTAINED IN THESE TERMS SHALL SURVIVE THE COMPLETION OF ANY TRANSACTION AND THE TERMINATION OF YOUR USE OF THE SITE.

Force Majeure 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

Governing Law; Jurisdiction 

All matters arising out of or relating to these Terms of Service are governed by, and will be construed in accordance with, the laws of the United States and by the laws of the State of Illinois without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Illinois.  

Each of Thensome and you agree to submit to the nonexclusive personal jurisdiction of the courts located in Cook County, Illinois, and waive any objection to the laying of venue of any litigation in said courts.

Nothing in these Terms of Service will prevent Thensome from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.

Arbitration 

In the event of any dispute with Thensome, you agree to first contact us to attempt in good faith to resolve the dispute.  Either party may commence this negotiation by delivering written notice to the other party.  All offers, promises, conduct, and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts, and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

If the dispute cannot be settled amicably within thirty (30) days of delivery of written notice or the in-person meeting of authorized representatives, whichever comes later, then the dispute shall be resolved by binding arbitration, rather than in court.  We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to these Terms of Service, the Site, Services or Products, including any determination of the scope or applicability of this Section, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof.  The parties shall share the costs of the arbitration equally; however, each party shall be responsible for its own attorneys’ fees and other costs and expenses.  The arbitration will be conducted in the English language, in the city of Chicago, Illinois, by a single arbitrator jointly selected by the parties in accordance with the AAA Rules.  The arbitrator shall have the power to grant legal and equitable remedies, but they shall not grant punitive damages.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.  The award shall be final and binding upon all parties as from the date rendered and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal.  The parties acknowledge that they are irrevocably waiving the right to a trial in court, including a trial by jury and that all rights and remedies will be determined by an arbitrator and not by a judge or jury.  This section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.

CLASS ACTION WAIVER 

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION.  YOUR ACCESS AND CONTINUED USE OF THE SITE, PRODUCTS, OR SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SITE, THE PRODUCTS, OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Accessibility 

We are committed to making our Site accessible and usable by all people, including those with disabilities and special needs.  We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of our Site and Services.  If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding accessibility of the Site or the other Services, please feel free to contact us at contact@thensome.com.  

Severability 

In the event that any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part will be deemed severable and will not affect the validity or enforceability of the remaining provisions.  The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable, while preserving the original intent of the parties to the greatest extent possible.

Acknowledgment; Other Terms 

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services or Products constitutes the entire agreement and understanding between you and us and govern your use of the Site and Services and purchase and use of the Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The provisions of these Terms of Service that by their nature should survive termination, including but not limited to disclaimers, limitations of liability, indemnities, arbitration provisions, and ownership rights, shall survive any termination of your use of the Site or Services.

Electronic Communications, Transactions, and Signatures 

Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Application Store Providers 

If you access our Site or Services through a mobile application, your use of the application is also subject to the terms and conditions of the app store provider (e.g., Apple App Store or Google Play).  You acknowledge that the app store provider has no responsibility for support, content, or claims related to our Site or Services. 

California Users and Residents 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous 

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.  These Terms of Service operate to the fullest extent permissible by law.  These Terms of Service may not be assigned by you without our express written consent.  Thensome may assign any or all of its rights and obligations to others at any time.  Thensome shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Thensome’s reasonable control.  There is no joint venture, partnership, employment, or agency relationship created between you and Thensome as a result of these Terms of Service or use of the Site and Services or purchase or use of the Products.  Upon Thensome’s request, you will furnish Thensome any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Contact Information 

If you have any questions regarding these Terms of Service or the Privacy Policy, please contact:

Thensome, Inc.
2912 North Central Park Avenue
Chicago, Illinois 60618
contact@thensome.com