Terms of Use

Terms of Use

Last Updated: June 10, 2024



Table of Contents

  1. Introduction and Acceptance
  2. Intellectual Property
  3. Access and Use
  4. User Registration & Promotional Messages
  5. User Content
  6. Service Content & Third-Party Links
  7. Indemnification 
  8. Disclaimer of Warranties
  9. Limitation of Liability
  10. Termination
  11. Copyright Policy
  12. Choice of Law; Jurisdiction and Venue
  13. Dispute Resolution & Mandatory Arbitration 
  14. Class Action Waiver
  15. Jury Trial Waiver
  16. Amendment; Additional Terms
  17. Miscellaneous
  18. Terms of Sale
  19. SMS/MMS Mobile Message Marketing Program
  20. Rewards
  21. Auto-Replenish Subscription

 

1. INTRODUCTION AND ACCEPTANCE

Thrive Causemetics, and its subsidiaries and affiliated entities (“Company”, “we”, “us,” and “our”) offers you access to its interactive online websites, applications, and services. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”), products, or any of our mobile widgets, services, or other applications (“Applications”) – together, our “Services”.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES, INCLUDING THE “DISPUTE RESOLUTION & MANDATORY ARBITRATION” PROVISION (REQUIRING THE PARTIES RESOLVE CERTAIN DISPUTES BY FINAL AND BINDING ARBITRATION), AS WELL AS THE “NO CLASS ACTIONS” AND “NO JURY TRIAL” PROVISIONS. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU AGREE TO AND ARE AGREEING COMPLY WITH THESE TERMS OF USE. WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF USE FROM TIME TO TIME AS SET FORTH IN “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

 

BY ACCESSING AND USING OUR WEBSITE AND SERVICES, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, AS WELL AS OUR PRIVACY POLICY AND THE OTHER GUIDELINES, POLICIES AND TERMS POSTED ON OUR WEBSITE. THESE TERMS OF USE FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. BY USING OUR WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, REPRESENTATIONS, AND RESPONSIBILITIES SET OUT IN THESE TERMS OF USE, AND TO ABIDE AND COMPLY WITH THESE TERMS OF USE.

 

Additional Terms. Certain Additional Terms (as defined in “Amendment; Additional Terms” section below) may apply to your use of our Services. The following sets forth a non-exhaustive list of Additional Terms that, depending on your use of our Services, apply in addition to these Terms of Use. Each of these Additional Terms are incorporated in these Terms of Use by this reference and you agree to these Additional Terms upon access and/or use of the relevant Services: (A) our Privacy Policy, which applies to use of any of our Services; (B) our SMS/MMS Mobile Message Marketing Program Terms & Conditions, which applies if you opt-in to receiving SMS/MMS mobile messages from or on behalf of us; and (C) our Return Policy, which govern the return of products purchased via our Website. If any of the above embedded links do not work, the applicable terms are located and available on our Website.

 

2.      INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.


3.      ACCESS AND USE

  1. We may offer certain portions of our Services at no charge (e.g., Websites) and others (e.g., mobile Applications) for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of any of our mobile Applications is limited to the relevant device and/or operating system you are using at the time you purchase the license to use the Application.
  2. Third-Party Terms:

(i) IN CERTAIN INSTANCES, YOUR USE OF AN APPLICATION, OUR WEBSITE, OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU NOTICE OF THIS IN THE PRIVACY POLICY OR OTHER APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

(ii) App Store. Without limiting the foregoing, you acknowledge and agree that the availability of our Applications and related Services are dependent on the third-party from whom you received the Application license, e.g., the Apple iTunes, Google Play, or other App stores (“App Store”). You acknowledge that these Terms of Use are between you and Company and not with the App Store. Company, not the App Store, is solely responsible for its Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use our Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the applicable Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

(C) Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content. You acknowledge that the Company reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law.

(D)  Furthermore, except as expressly permitted in these Terms of Use, you may not:

(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;

(ii) circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;

(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases;

(iv) collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, usernames, passwords, email addresses;

(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

(vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;

(vii) decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;

(viii) use network-monitoring software to determine architecture of or extract usage data from our Services;

(ix) encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as defined below));

(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;

(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.

(E) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

(F) You agree and acknowledge that the products available on our Website, including any samples provided to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by us in our sole discretion.

(G) You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.


4.      USER REGISTRATION & PROMOTIONAL MESSAGES

(A) TO ACCESS OR USE SOME FEATURES OF OUR SERVICES, YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER, SIGN UP FOR ANY PROMOTIONAL MESSAGES (SEE BELOW), OR OTHERWISE PROVIDE US WITH ANY PERSONAL INFORMATION.

(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree that all information you provide us in establishing an Account is truthful. You agree to contact us immediately if you become aware of any breach of security or unauthorized use of your Account.

(C) Promotional Messages. Our Services may include sending you promotional e-mails/newsletters and/or SMS/MMS messages. These are typically recurring message programs that, upon registration, results in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, and/or mobile number). Our use of the information you provide is governed by our Privacy Policy.  


5.      USER CONTENT

(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, feedback, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. You are solely responsible to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

(B) From time to time, we may reach out to you and ask for permission to use content you posted social media channels (such as, by way of example, Instagram, Facebook, Twitter, TikTok, etc.) including photography, videos, captions, and/or related content (your “Social Media User Content”). When you agree to allow us to use your Social Media Content, the terms in this section apply.

(C) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

(D) You represent, warrant, and covenant that you will not submit any User Content that:

(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;

(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;

(iv) is an advertisement for goods or services or a solicitation of funds;

(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

(vi) contains a formula, instruction, or advice that could cause harm or injury; or

(vii) is a chain letter of any kind.

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

(E) By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

(F) By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Leena P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.

(G) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).

(H) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.


6.      SERVICE CONTENT & THIRD-PARTY LINKS

(A) We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, you are responsible to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

(B) Service Content may at any time contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted an order).

(C) While we try to accurately display the colors of product, the actual colors you see will depend on your monitor and may not be accurate,

(D) Health Claims. Any health-related Service Content available is not intended to be a substitute for professional medical advice. Company does not warrant the validity of any such health-related statements found on or through our Services. All such information is general in nature and may be helpful to some people but not others, depending upon their personal needs. You should always consult with your physician and should never disregard professional medical advice, or delay in seeking it, because of something you have read on or through our Services.

(E) In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.

(F) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

(G) Tracking and Third-Party Links.  By using our Services, you acknowledge and agree that our Website and Applications utilize third-party analytics and that these third-parties may use cookies, web beacons, pixels, device identifiers, and other tracking technologies to collect information about your use of the Website, Applications and Services, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversation information.  You acknowledge and agree that we, and others, may use this information to analyze and track data, deliver advertising and content targeted to your interests and better understand your online activity unless you opt-out by visiting www.aboutads.info/choices or change your settings using the consent management tool on our Website Privacy Portal.  Specifically, the Company may utilize various tracking methods to enhance our marketing and improve user experiences, including but not limited to the following:

(i) Facebook Ads:  We may use Facebook Ads to deliver targeted content to you based on your interests and interactions with our Services.

(ii) Google Ads:  Google Ads may be employed to display relevant advertisements based on your interactions with our Services.

(iii) YouTube Ads:  We may use YouTube Ads to promote our products or services based on your preferences.

(iv) Email Marketing:  Your email address may be used to send marketing materials related to the Company.  You can opt out of these communications at any time.

(v) Cookie Tracking:  Cookies help us collect data to enhance your experiences on our Website and Applications and your use of our Services.

(vi) URL Tracking (UTM and Amazon Attribution):  We may use tracking parameters in URL’s to analyze the effectiveness of our marketing campaigns, including those on Amazon.

(vii) Tracking Technologies:  We may utilize tracking software on our Website and Applications, such as Meta Pixel, that intercepts, tracks, stores and analyzes your interactions with our Services.

(viii) TikTok Ads Tracking: TikTok Ads may be used to deliver targeted content to you.

By accessing our Services, you expressly consent to the use of tracking technology to collect information about you and waive any rights to privacy if you have not elected to opt out on our Website by visiting www.aboutads.info/choices or have not elected to change your settings using the consent management tool on our Website Privacy Portal. Third-party links on our Website may direct you to third-party websites that are not affiliated with the Company. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.


7.      INDEMNIFICATION

You agree to indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Company Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.


8.      DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.


9.      LIMITATION ON LIABILITY

(A) UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL THE COMPANY PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY COMPANY DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.


10.   TERMINATION

(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Company is not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Services.

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, mandatory arbitration, and all of the “Miscellaneous” provisions below.


11.   COPYRIGHT POLICY

(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Thrive Causemetics, Inc.

Attn: Legal Department

6100 Center Drive, Suite #900

Los Angeles, CA 90045

888-804-4318

legal@thrivecausemetics.com

 

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.


12.   CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with California law without regard to its conflict of laws rules. Subject to the “Exceptions to Mandatory Arbitration” provision below, any legal proceedings against Company that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be brought exclusively in the state or federal courts applicable to Los Angeles County, California and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.


13.   DISPUTE RESOLUTION & MANDATORY ARBITRATION

(A) Informal Resolution of Dispute. We each agree to first contact each other with any claims or disputes relating to the Services (each, a “Dispute”) and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with Disputes by contacting us at legal@thrivecausemetics.com or by certified mail addressed to Thrive Causemetics Inc., Attn: Legal Department, 6100 Center Drive, Suite #900, Los Angeles, CA 90045. We will contact you based on the contact information you have provided us. Prior to bringing any a claim via arbitration or, where permitted/required, in court, the parties agree to attempt to resolve the Dispute in good faith within 30 days or receipt of the notice of Dispute by the non-disputing party (collectively, the “Informal Dispute Resolution Process”).

(B) Mediation of Disputes.  We agree that any Dispute that cannot be resolved through the Informal Dispute Resolution Process will be mediated before a mediator agreed upon by both parties within 120 days of the notice of Dispute.  We agree to share the cost of mediation equally.    

(C) Mandatory Arbitration of Disputes. If the parties are unable to resolve any Dispute under the Informal Dispute Resolution Process and Mediation, only then may the Dispute be submitted to arbitration consistent with this Section unless otherwise stated in the “Exceptions to Mandatory Arbitration” provision below. The parties understand that they would have had a right or opportunity to litigate Disputes through a court and to have a judge or jury decide their case, but they choose to have any Disputes resolved through arbitration.

(i) Arbitrator. We each agree that each Dispute between us, and any Dispute either of us has against any agent, employee, successor, or assign of the other (including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement), including past, present, and future Disputes, and including any Dispute as to the validity or applicability of this arbitration clause, shall be (subject to the “Exceptions to Arbitration” provision below) exclusively brought before and administered by JAMS. Arbitration of each such Dispute before JAMS shall be pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All issues are for the arbitrator to decide, including the scope and enforceability of this Dispute Resolution & Mandatory Arbitration provision. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

(ii) Arbitrator's Powers. The JAMS arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Mandatory Arbitration Provision including any claim that all or any part of this Dispute Resolution & Mandatory Arbitration provision is void or voidable. 

(iii) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ rules, unless otherwise stated in this Dispute Resolution & Mandatory Arbitration provision. If the arbitrator determines a Dispute asserted by either of use in arbitration to be frivolous, each party agrees to reimburse the other for all fees associated with the arbitration paid by the other party (including any amounts that a party was obligated to pay on behalf of the other under JAMS’ rules).

(iv) Federal Arbitration Act Applies. We each are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

(D) Exceptions to Mandatory Arbitration. We each agree that the Informal Dispute Resolution Process and Mediation of Disputes outlined above will apply to all Disputes. However, the Mandatory Arbitration of Disputes provisions above shall not apply to:

(i) Small Claims Court Claims. Disputes that qualify for and are brought by either of us in small claims court;

(ii) Privacy Related Claims. Disputes arising out of or relating to the privacy, use, sharing, maintenance, or security of your personal data or information about you under applicable state or federal laws, including but not limited to claims relating to our Privacy Policy, under the California Consumer Privacy Act (CCPA), under the California Privacy Rights Act (CPRA), under the California Invasion of Privacy Act (CIPA), under the General Data Protection Regulation (GDPR), and any other data protection or privacy legislation in the jurisdiction where you reside or the Company operates; or

(iii) Class Action Claims. Any Dispute that a court or arbitrator holds may be brought on a classwide basis (i.e., as a class action claim) notwithstanding the terms of the “No Class Actions” provision below.


14.   NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.


15.   NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.


16.   AMENDMENT; ADDITIONAL TERMS

(A) Additional Terms. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique aspects or features of our Services, or both (“Additional Terms”). Certain of these Additional Terms are identified at the beginning of these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B) Modifications & Amendments.

(i) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. You are responsible to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use, or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Account.

(ii) Notwithstanding any provision in these Terms of Use, we agree that if the Company makes any future change to this Mandatory Arbitration of Disputes provision above (other than a change to the Company’s address for any notice of arbitration), you may reject any such change by sending us written notice within 30 days of the change by certified mail addressed to Thrive Causemetics Inc., Attn: Legal Department (Rejection of Arbitration Change), 6100 Center Drive, Suite #900, Los Angeles, CA 90045. In such case, the version Mandatory Arbitration of Disputes provision in effect immediately prior to the change shall apply to all Disputes between us.


17.   MISCELLANEOUS

(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

(B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

(C) Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy, or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

(D) These Terms of Use (including our Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

(E) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

 

18.   TERMS OF SALE

The following Terms of Sale apply to the purchase of products and services through our Website. 

By purchasing a product or service, you accept and agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, do not purchase products or services from the Website.

  • Order Eligibility
    •

    To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Website (the “Territory”). We make no promise that products or services available on the Website are appropriate or available for use in locations outside the Territory.

  • Product Availability, Display, and Specifications
    •

    Details of the products and services available for purchase are set out on the Website. All features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Website. For example, products or services included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.

    We make reasonable efforts to publish information and display product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. While TC has tried to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.

  • Purchase Restrictions and Quantity Limits
    •

    You may only purchase products and services for personal use by either yourself or your intended recipient of the products. The products and services are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

  • Order Process; Errors
    •

    You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we accept your order and our acceptance will be complete at the time we display or send the notice. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order. Title and risk of loss in any goods you purchase pass to you when the shipping carrier receives the goods from TC. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Website or made in connection with your order, inaccuracies in product or pricing information or product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain product or service may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

  • Price
    •

    Prices shown on the Website exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping cart is shown at the current price. All prices on the Website are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Website.

  • Payment
    •

    The Website gives you different payment options. We reserve the right to change our payment options at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (i) you are the authorized user of the credit card that is used to pay for the products and services, (ii) the credit card information you supply to us is true, correct and complete, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. 

    In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order.


     19.   SMS/MMS MOBILE MESSAGE MARKETING PROGRAM

    *Our 10% off welcome offer upon SMS sign-up is only valid on purchases of $50+. Code must be entered at checkout. Not valid when purchasing sets, e-gift cards or auto-replenishment. Coupons cannot be stacked.

     

    Thrive Causemetics (“TC,” “we” or “us”) offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and TC in other contexts.

     

    User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from TC. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 

     

    User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from TC in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that TC and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

     

    Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of cosmetics and skincare products. Messages may include checkout reminders. 

     

    Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at TC’s discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with TC.

     

    Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at help@thrivecausemetics.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

     

    MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

     

    Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. TC will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of TC’s control. Carriers are not liable for delayed or undelivered mobile messages.

     

    Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

     

    Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Program.

     

    Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message Platform. Prohibited content includes:

    • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
    • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
    • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
    • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
    • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
    • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

     

    Florida Law: TC endeavors to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by TC in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

     

    20.   REWARDS

    Loyalty Program (“Thrive Causemetics Rewards”)

    The Loyalty Program ("Program") is a free rewards program offered by Thrive Causemetics, Inc. ("TC") to its customers located in the U.S. and Canada. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. You must be age 16 years or older and a legal resident of the United States or Canada to be eligible for Membership. Members agree that creation of a membership and/or participation in the Program will represent the Member’s full acceptance of TC’s Terms of Use and Privacy Policy. 

    TC reserves the right to change or withdraw any benefits of the Program or suspend or terminate the Program at any time at its sole discretion and for any reason. We reserve the right to immediately suspend or terminate any Member's account, for any reason, including but not limited to the following: if we reasonably believe that these Terms have been breached, if there is any theft from or misconduct in connection with TC, if the Member supplies false or misleading information to TC, if TC considers that the Member has acted improperly or in an abusive, defamatory, criminal, or offensive way to any other Member or to TC staff. If your Membership is revoked or otherwise canceled, any Points in your account will automatically expire.

    Creating a customer account on the Site will automatically enroll you to be a member of the Program and no purchase is necessary to become a Member of the Program. By becoming a member, you agree to receive advertising, marketing materials, and other communications from TC. Additionally, you will automatically be subscribed to receive Program emails. If you do not wish to receive these communications, you can request that they be discontinued by updating your customer profile on our site or by emailing Customer Service at help@thrivecausemetics.com or by calling 1 (888) 804- 4318. 

    Program Points

    There are tiers of membership in the Program. Moving up membership tiers requires a minimum spend, as explained below (or on our Loyalty page link). All membership tiers enjoy a variety of benefits made available by TC in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards, special offers, sweepstakes, one of a kind experiences, exclusive events and advance access to products) will be determined by TC in its sole discretion. 

    US tiers

    Brilliant Bestie

    $0 – $149 USD

    Glow Getter

    $150 – $299 USD

    Impact Icon

    $300+ USD

    Points Expiration

    It is our hope that you redeem your Program Points on a regular basis. The Program is based on a 12 month rolling calendar from the time you earn points. As explained further, upon earning Points, you will have 12 months to spend those points. Each earning of points will have its own expiration date, 12 months after the earning date. For example, if 100 points were earned on January 15th, you have 12 months from that date (January 15th of the next year) to use those 100 points. If you earn another 100 points on February 15th, you now have 12 months from that date (February 15th of the next year) to use the new 100 points. 

    All unredeemed Points will expire when a member has not engaged in their Point activity associated with that membership account for 12 months or more. 

    Tier Eligibility 

    Once you have qualified for a tier based on the spend thresholds above and have not been refunded and have not canceled any qualifying orders, you will enjoy that tier eligibility for 12 months from the date you became eligible for that tier. In order to maintain eligibility for a tier beyond the initial 12 months, you will have to continue to meet the spend thresholds. 

    For more information on the Program, please visit our Loyalty page.


    21.   AUTO-REPLENISH SUBSCRIPTION 

    Thrive Causemetics (“TC”) reserves the right to change or modify any of the terms and conditions contained in the Auto-Replenish Subscription Terms & Conditions from time to time at any time, without notice, and in its sole discretion. If TC decides to change these Auto-Replenish Subscription Terms & Conditions, TC will post a new version on the Website. ANY CHANGES OR MODIFICATIONS TO THESE AUTO-REPLENISH SUBSCRIPTION TERMS & CONDITIONS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED AUTO-REPLENISH SUBSCRIPTION TERMS & CONDITIONS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.

     

    Benefits of Auto-Replenish

    When you purchase a product from TC’s Website and enroll in the Auto-Replenish program, you are signing up for continuous shipments of such product at a cadence you choose, and you will be billed for such shipments at the indicated price (as such price may change from time to time with notice to you). Shipping for Auto-Replenish orders is free.

     

    Eligible Purchases

    Auto-Replenish membership benefits are limited to certain products sold by TC on the Website; eligibility will be displayed on the product purchase page.

    Some other restrictions apply: Auto-Replenish delivery is only available in the contiguous U.S. and Canada. It excludes Alaska, Hawaii, Puerto Rico, P.O. Boxes, APO/FPO addresses.

    The Auto-Replenish FAQs provide additional information about how the program works.

     

    Other Limitations

    • TC may accept, refuse or terminate membership in the Auto-Replenish program at our sole discretion.
    • You may not transfer or assign your Auto-Replenish membership or any Auto-Replenish program benefits.
    • Auto-Replenish program benefits cannot be used to ship products purchased for the purpose of resale to others.

     

    Credit Card Authorization and Charges

    By enrolling in the Auto-Replenish program, you authorize TC to automatically charge the designated prices for the applicable products to the payment method we have on file on a recurring basis as selected by you unless and until you modify or cancel your subscription as provided herein. Taxes may apply on products ordered through the Auto-Replenish program; these will be displayed with your order.

     

    Membership Auto-Renewal, Preferences, and Cancellation; Notices

    If you enroll in the Auto-Replenish program for a particular product, that product will be automatically shipped to you in the quantities and at the cadence you’ve selected. Once you have subscribed for Auto-Replenish, you can manage your preferences, such as delivery cadence and product quantity, by going to the Auto-Replenish Subscription Hub, located under your profile on TC Website. 

    You will receive an email reminding you of your upcoming shipment(s) 3 days prior to shipment. This email will provide you with a deadline to make any changes to the upcoming order.

    YOU MUST AFFIRMATIVELY CANCEL YOUR AUTO-REPLENISH SUBSCRIPTION BEFORE THE DEADLINE PROVIDED IN THE EMAIL REMINDER OR YOUR NEXT SHIPMENT WILL AUTOMATICALLY OCCUR AND YOU WILL BE CHARGED.

    IF YOU WISH TO CANCEL YOUR AUTO-REPLENISH SUBSCRIPTION, you may cancel at any time by going to the Auto-Replenish Subscription Hub, located under your profile on TC Website.

     

    Changes to the Auto-Replenish Program

    We may, in our sole discretion, change the Auto-Replenish program’s benefits, eligibility for membership, or any other feature of the Auto-Replenish program. Any material change to the Auto-Replenish program will be posted on the TC Website and sent to you before any Auto-Replenish orders to which such changes would apply. YOUR CONTINUED MEMBERSHIP FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

     

    Termination By Us

    We may terminate or suspend your Auto-Replenish membership in our sole discretion for any reason without notice. If we do so, you will only be charged for orders that have either already shipped to you or are already placed and will ship to you.