TERMS OF SERVICE
Last Updated: September 8, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
The following Terms of Service constitute a legally binding agreement (the “Terms”) between you and Thrift Collective, LLC, a Washington limited liability company, and its affiliates (“Thrift Collective,” “we,” “us” or “our”) governing your use of our website(s), mobile applications and other services or content available through any of the foregoing (collectively, the “Services”).
Please read these Terms carefully. By creating an account, purchasing products, using the Services, or otherwise indicating your assent to these Terms, you knowingly and voluntarily agree to be bound by these Terms and you represent and warrant that: (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Thrift Collective, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent) . If you do not wish to be bound by these Terms, you may not access or use the Services or order or purchase any products.
These Terms govern how claims you and Thrift Collective have against each other can be brought and will require you to submit claims you have against Thrift Collective to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.
Thrift Collective operates one or more websites and related mobile applications where the Services can be accessed (collectively, the “Website”). The Website contains data, text, graphics, photographs, graphs, GIFs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above “Information”), and which is either owned or licensed by Thrift Collective. Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by these Terms. You are hereby granted a non-transferable, non-sublicensable, non-assignable, limited, revocable, limited right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website and these Terms.
In order to use the Services, Thrift Collective may, in its discretion, require you to register an account with Thrift Collective directly or through an authorized third party service provider (each, a “TPS”) such as Amazon or Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your Thrift Collective account.
Please remember that the manner in which a TPS uses, stores, transfers, and discloses your information is governed solely by the policies of such TPS and Thrift Collective makes no representations, express or implied, about such TPS and Thrift Collective shall have no liability or responsibility for the practices or other actions of any TPS that may be enabled within the Services, including, without limitation, any privacy practices or other data collection practices.
You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Thrift Collective reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.
Please see our Consignor Agreement for more information on our Consignor Services – including, but not limited to, Payouts.
At Thrift Collective’s sole and exclusive discretion, Thrift Collective may offer you account credits (“Credits”). Unless otherwise stated, Credit offered to you in consideration for your items that sell will be non-transferable and available for shopping on the Website or to cash out after 14 days from issuance for a period of one (1) year. Alternatively, shopping Credit offered to you in exchange for returns, referrals, or other reasons will be non-transferable and only available for shopping on the Website.
PURCHASES AND PRICING
In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees, costs and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us and retaining collection agencies. For accounts over 180 days past due, we may deduct the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Thrift Collective will store and update (e.g. upon expiration) your payment method on file. If you choose to use a third party payment service offered by Thrift Collective, such as PayPal or Affirm, you are subject to their Terms of Service and privacy policies.
Our inventory availability and listing prices are subject to change at any time, and from time to time, without notice. Pricing for items which may be shipped to areas deemed by Thrift Collective to be difficult to ship to may include a surcharge to cover additional localization and logistics costs, at the sole and exclusive discretion of Thrift Collective. In order to maximize the selection of items available for sale, Thrift Collective reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Thrift Collective reserves the right, at its sole discretion, to refuse or cancel any orders placed for that item.
Except as otherwise stated, the risk of loss for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
RETURN AND REFUND POLICY
You acknowledge that the products offered on the Website are lightly-used clothing from third party sources, and you accept all products AS-IS, WITH ALL FAULTS AND DEFECTS. Except as otherwise stated in these Terms (or as determined by Thrift Collective in its sole and exclusive discretion), you have five (5) days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price in the form of Thrift Collective online shopping credit less any shipping costs or charges incurred by Thrift Collective. The customer returning an item will receive a one-time Thrift Collective online shopping credit code via e-mail after Thrift Collective receives the returned item and confirms that the returned item meets the terms and conditions of these Terms. Customers initiating any return will be solely and exclusive responsible for the cost of return shipping. Original shipping charges will not be credited or refunded when returning items.
Please note that we will only offer credit or a refund for items if they are returned to Thrift Collective on a timely basis and are in the same condition in which you received them. If you do not meet these requirements, your returned item (and any credit related thereto) will be irrevocably forfeited.
While we attempt to be as accurate as possible, Thrift Collective does not represent, guarantee or warrant that product descriptions or other content of any Services (including, without limitation, the Website) is accurate, complete, reliable, current, free from infringement or delay, or error-free. We have made a reasonable, good faith effort to display as accurately as possible the colors and styles of all products offered through the Services. However, we cannot guarantee that your computer monitor’s display of any color or style will be accurate.
Brands sold on the Website are not partnered or affiliated with Thrift Collective in any manner. However, Thrift Collective fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods. Please see our Acceptance and Quality Standards Section, Below, for more information.
ACCEPTANCE AND QUALITY STANDARDS
All products are carefully reviewed by Thrift Collective using an internal process which assigns each product a letter grade of A through F. Any products receive a grade of “C” or below will be rejected by Thrift Collective. Only high-quality items that meet our strict standards will be listed. Please review the details below before sending in your products. Notwithstanding the foregoing, Thrift Collective shall have the ability to determine which products it desires to retain and sell, in its sole and exclusive discretion.
- New or like-new secondhand clothing. Please make sure your items are clean.
- New-with-tags (NWT) items.
- Items that are in-season, on-trend, and have been purchased within the past five years.
DO NOT SEND
- Clothing, handbags, or accessories showing signs of wear: rips, tears, pilling, fading, shrinkage, or blemishes of any kind. When sending shoes, please check the top surface, interior, and soles to ensure they are clean and free of scuff marks.
- Items with missing or broken parts, stains and odors, or that have shrunk, stretched, or been altered
- Items missing sizing
- Clothing that is not manufactured by the brand represented on the item or that are considered to be inauthentic
INTERNATIONAL CUSTOMS, DUTIES AND TAXES
You are responsible for assuring that our products can be lawfully imported to your destination country. International orders (shipped to countries outside of the United States) may be subject to import taxes, customs duties, and fees levied by the destination country. These fees are levied once a shipment reaches your country and are the responsibility of the customer. We have no control over these charges and can’t predict what they may be. Customs fees and policies are different from country to country and can change regularly. You should contact your local customs office for further information. When customs clearance procedures are required by your country, it can cause delays beyond our delivery estimates.
Shipping times for international orders can vary, but we would recommend that you allow at least 2-3 weeks for orders from the time it leaves the US for you to receive it. There may be some cases when packages are delivered outside of the listed estimated timeframe. Please note international orders that are canceled after the order is shipped will not be refunded.
Please note that Thrift Collective is an independent reseller of like-new clothing and accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third-party brand names, trademarks, service marks and logos used in any commercial context by Thrift Collective are trademarks (whether registered or unregistered) of their respective holders. Any such appearance does not imply any affiliation with or endorsement of Thrift Collective by and such holder.
ACCESS TO THE SERVICES
App Stores. With respect to any mobile application (each, an “App”) accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using the App.
To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, 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 the App, 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 App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Service and will have the right to enforce them.
Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Service, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services may contain Information, trademarks, logos, service marks, copyrights, designs or other similar content (collectively, “Service Content”) that is or may be protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Thrift Collective in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, export, import, upload, download or create derivative works based on the Service or the Service Content, in whole or in part.
In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of Thrift Collective, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, export, import or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services (including, without limitation, the Software). Any rights not expressly granted herein are reserved by Thrift Collective.
THRIFT COLLECTIVE™ is currently a trademark held by Thrift Collective. This and any other Thrift Collective product or service names or slogans displayed through the Services are trademarks of Thrift Collective. You may not copy, imitate, upload, download, create derivative works of or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Thrift Collective is the service mark, trademark and/or trade dress of Thrift Collective and you may not copy, imitate, upload, download or make derivative works of or use it, in whole or in part, without our prior written consent. Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Thrift Collective and may not be used by you without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners.
Thrift Collective respects the intellectual property of others. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act. with our Designated Copyright Agent:
Thrift Collective, LLC
Attention: Customer Service
1416 NW 46TH ST STE 105 # 122
SEATTLE, WA, 98107-4622
When submitting a DMCA Notice of Alleged Infringement, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PRIVACY AND DATA RETENTION
Thrift Collective will retain your information as long as we deem necessary to provide you with the Services. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly.
However, Thrift Collective will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Thrift Collective reserves the right at all times to disclose any information as Thrift Collective deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
FEEDBACK AND USER CONTENT; RIGHTS OF PUBLICITY
In the event that you provide Thrift Collective with any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree that we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback.
To the extent that we have your name, likeness, photographs, or voice, this will be part of the Feedback and you hereby agree that we may use your name, likeness, photographs and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, export, upload, download sell, offer for sale, make, have made, make derivative works of and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
By using the Services, you may submit or publish various forms of media content and written communications as well as photos, videos, GIFs, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of any intellectual property rights (including, without limitation, publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. Thrift Collective reserves the right to use, remove, edit or report such User Content in its sole and exclusive discretion, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to is are non-confidential and shall become the sole property of Thrift Collective if Thrift Collective should choose to use the User Content.
Thrift Collective shall own exclusive rights, including, without limitation, all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If Thrift Collective does include your User Content, or any part thereof, in any Service or portion of the Website, and to the extent Thrift Collective cannot receive exclusive ownership as provided for herein in accordance with applicable law, you are deemed to have granted Thrift Collective a non-exclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, upload, download, modify, export, import and create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform, whether now known or hereinafter developed.
The Website includes all User Content pulled by Thrift Collective from its social media pages, which may include, without limitation, Twitter, Pinterest, Facebook, Instagram, TikTok, YouTube or other social media page (collective “Social Media”), including information generated from any Thrift Collective Social Media account, whether now existing or hereinafter created, which pulls User Content from our users who share photos and videos on such Social Media using our brand hashtags, including, without limitation, #ThriftCollective, (collectively, the “Thrift Collective Hashtags”), or tagging the @ThriftCollective account. You acknowledge and agree that the User Content may be used by Thrift Collective, for marketing purposes, including without limitation, email, Social Media, direct mail, etc., or on any sites Thrift Collective owns and operates, and you hereby grant us permission to use and authorize others to use your name or Social Media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services.
You represent and warrant that the publication and use of your User Content, including to the extent such User Content includes your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You agree to defend, indemnify and hold Thrift Collective, its shareholders, officers and/or employees and consultants harmless for all claims, causes of action, demands, liability and/or action made or brought by a third party resulting from Company’s use of your User Content.
You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate and truthful; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Thrift Collective for all claims resulting from User Content you supply. Thrift Collective has the right but not the obligation to monitor and edit or remove any activity or User Content. Thrift Collective takes no responsibility and assumes no liability for any User Content posted by you or any third party. Thrift Collective, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you.
Thrift Collective reserves the right to, but has no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. Thrift Collective, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the Thrift Collective, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by Thrift Collective. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.
By creating an account with Thrift Collective (an “Account”), you agree that you may receive communications from Thrift Collective, including, without limitation, newsletters, promotions, special offers, account reminders, Social Media contact and updates.
When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting Thrift Collective at the information provided herein.
RIGHT TO ACCESS
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using our Services, you represent and warrant that you are over the age of majority in your jurisdiction. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, you are expressly prohibited from accessing, using or registering an Account. In addition, you may not make a purchase from our Website unless you are at least 18 years of age.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU HEREBY AGREE TO BE KNOWINGLY AND VOLUNTARILY BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE AND HEREBY COVENANT NOT TO SUE OR ASSIST YOUR MINOR IN ANY ACTION, CLAIM, CAUSE OF ACTION, OR OTHER LIABILITY AGAINST THRIFT COLLECTIVE ARISING OUT OF OR RELATING TO SUCH MINOR’S USE OF OUR SERVICES OR OUR WEBSITE.
With respect to your use of the Services and Website, you hereby agree that you will NOT:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Services;
- post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
- rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
- link directly or indirectly to any other websites;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
- cause any third party to engage in the restricted activities above;
- use the Website and Services for any unlawful purposes;
- sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
- collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services;
- adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
- download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
- use any meta tags or any other “hidden text” utilizing Thrift Collective name or trademarks or any third party’s name or trademarks without the express written consent of Thrift Collective or the applicable third party;
- publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
- collude against another person in restraint of trade and competition;
- create a hyperlink to the Website, or any page of the Website, without Thrift Collective’s express written consent; or
- imply affiliation with or endorsement or sponsorship by Thrift Collective, or cause confusion, mistake, or deception in connection therewith.
RELEASE AND INDEMNITY
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Thrift Collective and our subsidiaries and affiliates, and our respective officers, directors, managers, agents, partners, members, employees, independent contractors, service providers and consultants (together with Thrift Collective, collectively, the “Thrift Collective Parties”), from and against any claims, damages, costs, liabilities, penalties, causes of action, investigations and expenses (collectively, “Claims”) arising out of or related to: (a) your misuse of the Services; (b) any submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services, including, without limitation, any Account information or any User Content; (c) your violation of these Terms; or (d) your violation of any rights of another. You agree to promptly notify the Thrift Collective Parties of any third party claims, cooperate with the Thrift Collective Parties in defending such claims and pay all fees, costs including non-statutory costs and expenses associated with defending such claims (including but not limited to attorneys’ fees and investigation costs). You further agree that the Thrift Collective Parties shall have control of the defense or settlement of any third-party claims.
LIMITATION OF LIABILITY AND DISCLAIMER
THE SERVICES, THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING, WITHOUT LIMITATION, SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THRIFT COLLECTIVE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS AND DEFECTS, UNLESS OTHERWISE SPECIFIED IN WRITING.
THRIFT COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THE SERVICES, THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THRIFT COLLECTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCESSIBILITY, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. THRIFT COLLECTIVE DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THRIFT COLLECTIVE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THRIFT COLLECTIVE ARE FREE OF VIRUSES, DEFECTS OR OTHER HARMFUL COMPONENTS.
THRIFT COLLECTIVE IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms.
DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
INFORMAL DISPUTE RESOLUTION
In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution.
If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Thrift Collective at the contact information provided below, and to you at: your last-used billing address or the billing and/or shipping address in your online profile. You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and Thrift Collective expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Thrift Collective will provide such notice by email to your email address on file with Thrift Collective and you must provide such notice by email to Thrift Collective. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Dispute. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Where the relief sought is $10,000 or less, the parties agree that the arbitration will be conducted by FairClaims (www.fairclaims.com) in accordance with their applicable arbitration rules & procedures effective at the time a claim is made. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. To begin an arbitration proceeding with FairClaims, you must follow the steps outlined by FairClaims’ How It Works page.
Where the relief sought is $10,001 or more, the parties agree that resolution shall be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To begin an arbitration proceeding with JAMS, you must send a letter requesting arbitration and describing your claim to: Thrift Collective LLC at the contact information provided below.
JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If permitted by JAMS, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Seattle, Washington. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
All aspects of any arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
GOVERNING LAW AND VENUE
These Terms and your use of the Services will be exclusively governed by and construed in accordance with the domestic laws of the State of Washington without giving effect to any choice of law or conflict of laws provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Washington. In any arbitration in accordance with this Section, each claim is subject to the limitation periods (under statutes of limitation and statutes of repose) as would be applicable to that claim if it was adjudicated in an action in a Washington superior court. Any claim which does not accrue, or for which arbitration is not commenced (by demand for arbitration or as otherwise provided under applicable rules or statutory law), which any such limitation period is barred.
Subject to this Section, you hereby irrevocably and unconditionally agree to submit any legal action or proceeding relating to these Terms or arising out of the relationship of the parties to the non-exclusive general jurisdiction of the courts of the state of Washington located in King County and the courts of the United States located in the Western District of Washington and, in any such action or proceeding, consent to jurisdiction in such courts and waive any objection to the venue in any such court. If any suit or action is instituted in connection with any controversy arising out of this Agreement or to enforce any rights hereunder, the substantially prevailing party, as determined by the adjudicator in the suit or action, shall be entitled to recover, in addition to costs, such sums as the court may find reasonable as attorneys’ fees, including litigation expenses and costs, and such similar sums incurred on any appeal.
WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS
All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You and Thrift Collective agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Thrift Collective hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Thrift Collective. You agree that Thrift Collective, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. Thrift Collective may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Thrift Collective may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that Thrift Collective shall not be liable to you or any third-party for any termination of your access to the Services.
Thrift Collective may terminate these Terms immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms (Thrift Collective, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which the Thrift Collective may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to Thrift Collective.
Thrift Collective reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. Thrift Collective may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day Thrift Collective places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.
These Terms shall be governed by the laws of the State of Washington without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by Thrift Collective, in our sole discretion.
Except as explicitly stated otherwise, any notices to Thrift Collective shall be given by certified mail, postage prepaid and return receipt requested to Thrift Collective’s address, below.
Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to Thrift Collective during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern, whether such other documents are prior to or subsequent to these Terms, or are signed or acknowledged by any member of the Company parties.
If Thrift Collective takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, Thrift Collective shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney’s fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.
To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.
No joint venture, partnership, employment, or agency relationship exists between you and Thrift Collective as a result of this Agreement or your use of the Services.
Each provision of these Terms shall be considered severable such that if any one provision or clause conflicts with applicable law, or may not be given full effect because of such law, this shall not affect any other provision of the Terms that can be given effect without the conflicting provision of clause; provided; however, that such provision shall be modified, to the minimum extent possible and necessary, to be enforceable to the fullest extent and in compliance with any such applicable laws, prior to it being severed from these Terms in its entirety.
Thrift Collectives’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
It is Thrift Collective’s policy to ensure that persons with disabilities have a full and equal opportunity to benefit from the goods and services offered by Thrift Collective through our Website. We will continue to work to improve the accessibility standards of our website. If you are using a screen reader or having trouble accessing our Website or using any of its features, please contact us using the contact information below.
If you have questions about these Terms or the Services, please contact Thrift Collective at:
Thrift Collective, LLC
ATTN: Thrift Collective
1416 NW 46TH ST STE 105 # 122
SEATTLE, WA, 98107-4622
Last Updated: September 8, 2020
- INFORMATION COLLECTED OR RECEIVED
We collect your Personal Information in order to provide and continually improve our Services.
"Personal Information" is information about you that is personally identifiable to you, like your name, address or phone number, as well as other non-public information that is associated with any of the foregoing.
Personal Information we may collect from you also includes, but is not limited to:
- Your email address when signing up to create an account.
- Your credit card information when completing an order.
- Your shipping and billing address when completing an order.
- Identifier and other technical information, such as your browser information, operating system information, device information, IP address, and the date, time, length of stay and specific pages accessed during your interactions with the Services.
We maintain one or more databases to store your Personal Information and may retain it as reasonably required to serve you and operate the Services. Personal Information that we collect depends on how you use the Services. Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of the Services.
We may aggregate your Personal Information with information collected from other users to: (i) provide you with a better experience, (ii) improve the quality and value of the Service and (iii) analyze and understand how our Services are used.
Thrift Collective does not sell products for purchase by children. We do not knowingly collect information from children under the age of 13. If you have questions concerning our practices, please email us at the contact information provided below.
- HOW INFORMATION IS COLLECTED
We may collect your information in the following ways:
WHEN YOU PROVIDE US WITH INFORMATION TO MAKE A PURCHASE
If you use our Services to make a purchase, we may request certain Personal Information from you to facilitate the transaction. We may collect certain financial information from you, such as your credit card information. We store only a very limited portion of your credit card information, in a manner that is generally permitted by credit card issuers. Shopify, our payment processing partner, stores and processes your credit card or other payment information using industry-standard security measures. By making a purchase through the Services, you give us consent to use and provide your financial information as we consider necessary to process the transaction.
COMMUNICATIONS YOU INITIATE WITH US
If you contact us in person, by phone, email, instant message, live chat, Social Media, or by some other means (either through our Services or through TPS), we may keep a record of your contact information and correspondence for later reference. When we send you emails, we may track whether you open them to figure out how to deliver more delightful and helpful emails and improve our Services.
THIRD-PARTY SERVICES (“TPS”)
If you create your Thrift Collective account by connecting through a TPS, you are authorizing us to use public information from that connected account to help complete your Thrift Collective profile. We collect and store this information and use it to help you connect to our Site. Connecting your Thrift Collective account to a TPS is completely optional, and you will have the opportunity to grant permission when you attempt to connect. Please remember that the manner in which the TPS uses, stores, and discloses your information is governed solely by the policies of such TPS. We recommend that you review the terms and policies of that TPS, including its privacy and data gathering practices. Thrift Collective shall have no liability or responsibility for the privacy practices or other actions of any TPS or any other third-party site or service that may be enabled within the Service.
INFORMATION WE AUTOMATICALLY COLLECT
Like most websites, our Services may incorporate technology such as “pixel tags”, “web beacons”, “log files” and “cookies” which allow us to track the actions of users of our Services. Pixel tags or web beacons are tracking devices on websites or in emails that can monitor the behavior of the user visiting the website or sending the email.
Cookies are small files placed on your computer that recognize you when you return to Thrift Collective and that allow us to customize your user experience and improve our Services. You may modify the cookies that are accepted by your computer by changing your browser settings, although this may change the way the Thrift Collective website is presented to you. Other companies’ use of their cookies is subject to their own privacy policies, and we have no obligation to inform you of third-party cookies that are set.
Log files track actions occurring on the Services and collect data including your IP address, browser type, Internet Service Provider, referring/exit pages, and date/time stamps.
Web Beacons, Tags, and Pixels are electronic files used to record information about how you browse the Services. We use web beacons, tags, and pixels to deliver cookies and count visits.
If you decide you do not want to receive marketing or other related emails from us, you can select to “opt-out” by following the unsubscribe instructions in the email. You may also “opt-out” by electing to uncheck the box on the payment processing page of our website. Thrift Collective may update its opt-out policies and procedures at any time, and from time to time, in it sole and exclusive discretion, subject to applicable law. Unsubscribing will stop you from receiving most types of communication, but it may not apply to emails about orders or transactions you place through the Services or to respond to your specific request, such as password recovery.
BLOGS, REVIEWS AND TESTIMONIALS
The Services may from time to time offer publicly-accessible blogs, customer reviews or testimonials. Any information you provide in these areas may be read, collected and used by others who access them. To request removal of your Personal Information from our blogs, customer reviews or testimonials, please contact us at the contact information provided below. Please note that in some cases we may be unable to remove your Personal Information.
- HOW YOUR INFORMATION IS USED
We primarily use the information we collect to enhance the Services and your experience. Except if we sell all or a portion of our business, as described below, we do not sell your Personal Information to anyone. If we share your Personal Information, we do so as described below.
We may share your Personal Information with TPS providers, commercial partners, service providers, and others we conduct business with to: (i) enhance our Services and evaluate the effectiveness of our Services; (ii) provide you with additional services related to our Services; (iii) conduct quality assurance testing; (iv) facilitate creation of accounts; (v) provide technical support; (vi) market the Services; (vii) facilitate business partnerships with trusted partners; (ix) comply with our legal obligations; and/or (ix) to provide other services to Thrift Collective.
Generally, we will not disclose your Personal Information to an unaffiliated third-party. However, we may provide your Personal Information to our employees, contractors, commercial partners, agents, service providers and designees (collectively, “Agents”) to enable them to perform certain services for us including without limitation: order fulfillment, payment processing, Clean Out Bag processing, website-related services such as web hosting, database management, improvement of website-related services and features, maintenance services and distribution of offers, business partnerships, partner promotions, advertisements and other marketing materials on our behalf.
We may also provide our Agents with non-identifying or aggregate information indicating the demographic information of users on our Website, buying behavior, and opportunities to market to select segments of our users indirectly. When we share non-identifying or aggregate user data, it is done in a way that it cannot be linked with your Personal Information.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature to signal that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user.
USE OF SERVICES VIA MOBILE DEVICE
If you use the Services through your mobile device, we may receive a unique identifier or information about your location. You may at any time prevent the Services from using your location by turning this option off at the device level. Please consult with your particular device’s “How To” settings to turn this option off. When you use the Services through your mobile device, we also collect device type and UUID, a unique identifier generated within the Application, and store this information in log files and system databases. We use this information to provide you with the most up to date application and features, or to advertise or promote products or services to you that are applicable to your device type.
BUSINESS TRANSACTIONS AND TRANSFERS
If Thrift Collective (or our assets) is acquired, or if we go out of business, enter bankruptcy, or go through some other change of control (collectively, “Change in Control”), Thrift Collective’s customer information (including Personal Information) will likely be shared for evaluation purposes and included among the due diligence in any transaction and any transferred business assets. If an acquirer that has assumed all or part of our business materially alters how it uses or shares your Personal Information than at the time of initial collection, the acquirer will provide prior notice of the new or changed practice, and Thrift Collective shall have no liability or responsibility therefor. You acknowledge and agree that as between you and Thrift Collective, Thrift Collective shall have no responsibility or liability whatsoever with respect to your Personal Information after any Change in Control transaction has occurred.
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
Thrift Collective cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect our rights or the rights of our users or others, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be illegal, unethical or legally actionable activity. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to accomplish the foregoing.
- NOTICE NON-US RESIDENTS
- INFORMATION SECURITY
Please remember no Internet transmission is every fully secure or error free. Please keep this in mind when disclosing any Personal Information to Thrift Collective via the Internet. Although Thrift Collective makes efforts to ensure that your Personal Information is not intercepted, accessed, manipulated, used, or disclosed by unauthorized persons, you should know that Thrift Collective cannot fully eliminate security risks associated with Personal Information and any transmission is at your sole and exclusive risk.
In case of a data breach, Thrift Collective will notify affected individuals within ten (10) days of its receipt of knowledge of such data breach.
- PERSONAL INFORMATION YOU MAY ACCESS
Through your account settings, you may access and edit the following information: name and password, shipping address, billing address, and email address.
The information you can view, update, and delete may change as the Services change.
- DISPUTE RESOLUTION
- CONTACT INFORMATION
If you have any questions, please contact us using the following information:
Thrift Collective, LLC
ATTN: Thrift Collective
1416 NW 46TH ST STE 105 # 122
SEATTLE, WA, 98107-4622