Terms & Conditions
TERMS AND CONDITIONS
THESE TERMS & CONDITIONS (“User Terms” or “Terms”) are a contract between you (“you” or “your”) and The THX Company, Inc., a Florida corporation (“THX” “us”, “we”, or “our”) and govern your access to and use of the services provided through www.thx.co and any related website or mobile applications (collectively, the “Application”). Please read these User Terms carefully before accessing and using the Application.
BEFORE YOU PROCEED, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST USED THESE SERVICES.
THX is an online platform that allows customers to buy top quality daily essentials, and donate a portion of that purchase price to the non-profit organization of their choice in one seamless transaction. THX makes no representations or warranties regarding the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of any User Content, as defined below, posted on the Application. THX does not guarantee that Contributions will be used as described by the organization in question. Users expressly act and agree to use the Application at their own risk.
ELIGIBILITY TO USE THE SERVICES:
Users over 18 years of age are only eligible to use the Services without consent. Users between the ages of 13 and 17, may use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. THX reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or any Service provided through the Application at any time for any reason without liability.
THX may attempt to verify the identity and other information provided to us by users, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.
You acknowledge that certain data available or otherwise accessible on or by means of the site or services concerning the list of United States based 501(c)(3) charities to which you may make a donation is provided by GuideStar, a third party licensor of THX. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you and THX, you acknowledge and agree that GuideStar (and its successors and assigns) is an intended third party beneficiary with full power and authority to enforce the provisions of these terms only insofar as it relates to data provided by GuideStar. You agree that THX may share any information provided by you with GuideStar to the extent that GuideStar reasonably needs such data to enforce its rights related to your use of any GuideStar Data.
If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in THX’s searchable database, you may contact us [email protected] to request that your Charity be removed. Your email should include your full name, title, and an email address and phone number associated with that Charity. Please note that if your Charity is removed from the THX database, it will not be eligible to receive contributions through the THX platform.
THX makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In order to assure full transparency of our giving model, THX has entered into a co-venture agreement with SocialGood Fund (“SocialGood”), a 501(c)(3) and affiliate of Viral Philanthropy, Inc., for processing all donations.
SocialGood standardizes the processing, receipting, verification, and disbursing of donations, allowing them to efficiently scale such processes. SocialGood allows its users to build compelling charitable experiences without having to worry about the complications of payments, of IRS compatibility, or of logistical hurdles.
All donations from Thx will be processed by SocialGood, and will be disbursed to the selected beneficiary public charities.
SocialGood Fund settles Transfer objects once per month, on the 15th of the month. Funds are aggregated and transferred to the beneficiary charity in the most efficient way available, either by ACH or by physical check. While businesses often prefer to send money electronically, some charities prefer to receive checks and other charities are not easily accessible to electronic funds transfer. All transfers are made in full compliance with the IRS’s regulation of non-profit grant makers. Disbursements are issued once per month to help maintain low fees.
Our process is designed to ensure that contributions made through SocialGood will be tax-deductible and go to the benefit of your designated charity without undue delay. Tax deductibility will be granted via SocialGood Fund, a 501(c)(3) organization.
We may be obligated by law to obtain tax information from you. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or remedies available to us) withhold your donations until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
NON-PROFIT NOT SELECTED AT CHECKOUT
While the Thx platform was created with the intention of allowing a customer to select any non-profit of their choice, we do not force an organization to be selected prior to check-out. If a non-profit is not selected prior to checkout the user agrees that those funds will be placed in the SocialGood Fund, and will be at the discretion of Thx as to what organization becomes the beneficiary of those funds.
SERVICE FEES FOR RECEIVING DONATIONS
Non profit organizations that have accrued donations on the THX platform will receive 100% of their donation minus the following service fees:
- 3.9% + .30 – transaction fee
- 1% – SocialGood processing fee
SHIPPING AND PROCESSING FEES
Our shipping and processing charges are intended to compensate our Company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We do utilize the best-carrier method via Woo-commerce Shipping Plugin, allowing the customer to decide which sipping method and shipper (USPS, UPS) is most convenient/cost-effective for them.
Orders may be placed online, or by e-mail at [email protected]
We do our best to ensure product availability for our customers. The foregoing notwithstanding, most of our products are produced in limited edition or capsule collections and accordingly, some products may become unavailable without prior notice. We do not guarantee the availability of any product or style to our customers. In the event an order is placed for a product that is not available, you will be notified by customer service and issued a store credit to purchase alternative products.
We utilize best carrier through Woo-commerce Shipping Pug-in. Typically we use the United States Postal Service (USPS) and the United Parcel Service (UPS) for all domestic shipment. Unfortunately, we are unable to ship to P.O. Boxes for either domestic or international shipments.
In order to protect the integrity of our Website and your personal information, all orders are processed through a fraud detection program that ensures the authenticity of all information submitted. All orders will be processed and shipped within a 48-hour window from the time the order is received by the Company, assuming all merchandise selected is in stock. Please note that all orders must clear the fraud protection program, which may result in additional order processing delays. We are not responsible for any shipment delays caused by clearing times for orders passing through the fraud protection system.
A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order. You can also check the status of your order by logging into your account at www.thx.co. For estimated shipment times to your location on UPS Ground shipments, please visit www.ups.com or for USPS, please visit www.usps.gov.
RETURNS & EXCHANGES
Thx takes pride in 100% customer satisfaction when it comes to our products. There are three components for every sale done with Thx; the product cost, the donation added by the user, and the shipping cost. If a customer is not satisfied with the quality of their purchase we ask that you notify Thx via email at [email protected] with a short description of the issue as well as the receipt that was emailed to you after purchasing within 15 days of receiving the product. The cost of the product will be returned in full, however the shipping and donation will not. If the product is damaged or broken, please notify Thx at [email protected] with original receipt and a picture of the product and shipping box in question within 15 days of receiving the product, and Thx will send you a replacement. This will allow Thx to recover funds via our insurance policy with the various carriers we utilize. All goods and items marked as “sale” or “on sale” are final.
All undeliverable packages will be returned to our office. Please note that we may be unable to automatically reship any such returned undeliverable package. Additional shipping costs will apply.
We welcome your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Website shall be and remain the exclusive property of the Company. Your submission of any such Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
HYPERLINKS TO OTHER WEB SITES
To the extent our Website contains hyperlinks to outside services and resources, the availability and content of which the Company does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
This Website and all content available on this Website are provided on an “AS IS” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that the Company shall not be liable for any damages of any kind related to your use of this Website.
PRODUCT PRICING INFORMATION
The prices displayed on our Website may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. The prices displayed in printed materials, if any, are quoted in U.S. Dollars and are valid and effective only in the United States. These prices are subject to change without notice.
Occasionally, we will offer special promotions to our customers, which may be referred as a “special offer” or “special offers.” These may include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only and are subject to modification or cancellation at any time without prior notice.
COOPERATION WITH AUTHORITIES AND POLICE ENFORCEMENT:
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree THX may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
THX HAS NO FIDUICIARY DUTY TO ANY USER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USERS EXPRESSLY ACKNOLWDGE AND AGREE THAT USE OF THE SERVICES IS AT USER’S OWN RISK.
WAIVER AND RELEASE:
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
LIMITATION OF LIABILITY:
THX (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO THX FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
FOR JURISDICTIONS THAT DO NOT ALLOW THX TO LIMIT ITS LIABILITY:
Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then THX’s liability is limited to the lowest amount possible by law. Specifically, in those jurisdictions not allowed, THX does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by THX without restriction or consent.
TERMS SUBJECT TO CHANGE
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.
THX’s termination of a User Account may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Application, but THX may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of these User Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed as provided within the state of Florida (the principal place of business and corporate headquarters of THX); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over THX, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. Venue for any legal proceeding arises here from shall be solely in the courts of Miami Dade County, Florida. Users expressly consent to the jurisdiction of the courts located therein.
THX and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may as set forth above, if the User’s claims otherwise qualify for adjudication in that court. THX and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that THX asserts against User, and that User asserts against THX, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the THX and its users agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply these User Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against THX or a related party, a User must send a letter requesting arbitration and describing the claim to THX’s registered agent, DISCHINO & SCHAMY, LLC. 4770 BISCAYNE BOULEVARD. The arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. THX will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Miami-Dade County, Florida is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in Miami-Dade County, Florida. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the non-prevailing party all of its reasonable attorneys’ fees and costs.
Organizations and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. THX merely provides a technology platform to allow organizations to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
In the event of a conflict between these the English language version of these User Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States of America.
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
These User Terms construct the entire agreement between each User and THX regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. THX’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
From time to time there may be information on our Website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve 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 your order).
“THX,” “The Thx Co.,” “DOING GOOD, BETTER” and “NOT JUST FOR PROFIT” are trademarks of the Company. All of the content on this Website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by the Company. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this Website is strictly prohibited. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy, publish or otherwise post the content on any network computer, or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. The Company reserves complete title and full intellectual property rights in any content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the “DMCA”) or that any User Content infringes such User’s intellectual property rights and is accessible the Services, please notify THX’s Legal Department at [email protected] “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the “Complainant”) must provide the following information in writing (the “Notice of Infringement”):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- 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 THX to locate the material.
- information reasonably sufficient to permit THX to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
- a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
- a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the THX by mail and email to the following addresses:
The THX Co., Inc.
3003 Greene Street
Hollywood, Florida 33020
Email: [email protected]
If any User (the “Respondent”) believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the “Counter Notice”) with THX, including the following information within five business days from receipt of the Notice of Infringement:
- a physical or electronic signature of the Respondent;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
Upon receipt of the Counter-Notice by THX, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that THX, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless THX receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
THX WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, THX has adopted a policy of terminating, in appropriate circumstances and at THX’s sole discretion, repeat infringers.
All subpoenas must be properly served on THX, preferably by mailing the subpoena to our registered agent at the following address:
Dischino & Schamy, PLLC
4770 Biscayne Boulevard, Suite 1280
Miami, Florida 33137
Attention: The THX Company, Inc. – Subpoena
THX does not accept service via e-mail or fax and will not respond subpoenas delivered by email or fax.
The THX Company, Inc.
3003 Greene Street
Hollywood, Florida 33020