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Terms of Use + Privacy Policy

This is a contract. Please read it carefully. This Policy may be updated from time to time. We encourage you to check back periodically for updates. Last Updated: 1/14/2022

1. POLICY OVERVIEW

Think Goodness, LLC (“Think Goodness” or the “Company") is pleased to offer business opportunities to independent business owners. Think Goodness independent business owners are known as “Purpose Partners.” When referenced in this Policy or elsewhere in other Company materials, the term “Independent Business Owner” is used to reference Purpose Partners. If you join Think Goodness by entering an Independent Business Owner Agreement, you will be subject to this Policy. Likewise, if you are a customer of Think Goodness, the terms of this Policy will apply to any information you provide in any transactions with the Company.

The Company respects the privacy of every individual who visits our Website and other online portals or account pages (“Websites”). We will not sell or distribute information gathered on the Website to any third party with the exception of those third parties who work on behalf of, or with, the Company under confidentiality agreements. This Policy applies to your use of thinkgoodness.com, and any other website or online portal owned or operated by Think Goodness, LLC. We are committed to protecting the privacy of the visitors to our Websites.

The following Policy outlines the information the Company will collect and how we will use that information.

2. COLLECTION + USE OF INFORMATION

Information is gathered on a voluntary basis. If you decide to provide us with your personal information, you should know that we may store some or all information to further understand our customer base and deliver the best online experience. For the purposes of this Policy, “personal information” may include, but is not limited to, your name, email address, phone numbers, credit card information, physical or mailing address, tax identification numbers, birthday, gender, occupations and other information necessary to join us and become a Purpose Partner or online customer. We are the sole owners of the personal information as collected on this site. We will use your personal information to respond to you, regarding the reason you contacted us. Unless you ask us not to (including, but not limited to, the opportunity to opt-out of receiving such promotions via an unsubscribe link), we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. As part of providing you the services through the Websites, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the services and your Think Goodness account, which you may not be able to opt-out from receiving. Except as otherwise indicated above, you may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any;
  • Change/correct any data we have about you; or
  • Have us delete any data we have about you.

If you are a Purpose Partner, you authorize the Company to retain your personal information for as long as you have a Think Goodness account.  After your Think Goodness account is terminated, or if you are an online customer (not a Purpose Partner), the Company will retain your personal information for as long as necessary to fulfill the purposes outlined in the Policy, unless a longer retention period is required or permitted by law.

3. INFORMATION COLLECTED FROM MINORS

Our publicly available goods and services are not directed to minors under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us immediately. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.

Our Independent Business Owners have the opportunity to participate in the Company’s “Young Entrepreneurs” program with minors between the ages of 11-17. We take additional steps to ensure further protections with respect to personal information we may collect from minors under the age of 13, such as: (1) notifying parents / legal guardians regarding the types of personal information we may collect from children, the uses to which we intend to use such information, and whether and with whom we may share that information; (2) obtaining parent’s or legal guardian’s verifiable consent for the collection of their child’s personal information; and (3) limiting our collection of minor’s personal information to no more than is reasonably necessary to participate in their Think Goodness business. Additional details are available at the time of enrollment in the Company’s “Young Entrepreneurs” Program. This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”). For more information regarding COPPA please visit https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online

4. THE USE OF WEBSITE USER AND INDEPENDENT BUSINESS OWNER INFORMATION

Personal information is gathered for purposes of managing and expanding our business activities, providing customer service and making available other products and services to our Independent Business Owners and other online visitors. We may also use your personal information as follows: to inform you of new services or products; to help detect and protect against account errors, fraud or other criminal activity; to resolve disputes; to troubleshoot problems; or to customize your experience. When permitted or required by law, we may share your personal information with governmental agencies or other authorized companies assisting us in fraud prevention or investigation or to explore fraud that has already taken place. The information provided to these entities is not for marketing purposes. We may also reassign ownership of such information in the course of mergers, company divestitures, or any business unit closure. Additionally, as permitted by law, the Company may retain a limited amount of your personal information for purposes of regulatory and legal compliance, to comply with applicable law, resolve disputes, or enforce our agreements.

5. DIRECT OR INDIRECT LINKS TO OTHER SITES

Since third-party sites are owned and operated independently, the Company cannot ensure the safeguard of any personal information that you provide to a third-party website that links to or from any of our Websites. These third-party sites may have their own separate privacy policies that govern their collection, storage and use of your personal information that are beyond our control. As such, we cannot assume any responsibility or liability whatsoever for practices, actions or policies of these third-party sites. Any time you elect to leave one of our Websites to visit a third-party site, this Policy will not apply.

6. WEBSITE SECURITY

Only authorized employees, agents or contractors (who have agreed to keep your information secure and confidential) have access to your information. We have taken precautions to ensure that this information is safe and secure, but please understand that no data transmission over the Internet will be 100% percent secure. While we take steps to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

7. TRADEMARKS AND COPYRIGHTS

All text, graphics, images, hyperlinks, audiovisual or other content (the “Material”) from the Websites is considered property of the Company and unauthorized use of such Material is strictly prohibited. Such Materials and other content on the Websites is protected under copyright and other intellectual property laws and is for exclusive use of the Company only. The Company’s trademarks, service marks, and logos and other proprietary designs, together with its copyrights and other intellectual property rights ("Intellectual Property") used and displayed on the Websites are property of the Company or its licensors. Please refer to the Company’s Intellectual Property Notices on the Legal Notices section of the Website for further details about all Company Intellectual Property.

No Material or other Intellectual Property from our Websites may be uploaded, posted, copied, reproduced, distributed or republished in any way. No portion of the Website may be copied, sold, reproduced, duplicated, resold or otherwise exploited for any commercial purpose that is not expressly permitted by the Company. We reserve the right to cancel orders, and/or refuse services at our sole and absolute discretion if we believe that a customer violates applicable law or acts in a way that is harmful to our interests. Notwithstanding anything to the contrary, no representation is made on the Website that should be construed as granting, by implication or otherwise, any license or right to use any Materials or underlying Intellectual Property displayed on the Website. The Company Intellectual Property may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or its products.

You are prohibited from infringing or otherwise violating third-party rights including, without limitation, third-party intellectual property rights.  You shall be solely liable for any damages resulting from any infringement of third-party copyright, trademark or other proprietary rights.

8. ONLINE PURCHASES

Credit card information and numbers entered by customers or Independent Business Owners are encrypted before transmission to our credit card processing service. If the item amount and dollar volume of the purchase is authorized, the order is processed and forwarded to our credit card processing service for completion. Credit card transactions completed online through the shopping carts on the Websites are secured by an online industry standard (SSL) - A 128-bit Secure Socket Layer. The Company's Care Team does not receive credit card number information. As an extra precaution for your protection, we do not include credit card information in any email correspondence related to purchases.

9. POLICY MODIFICATIONS

We reserve the right to alter or revise this Policy from time to time in our sole and absolute discretion, with no prior notice to users of the Website. We recommend you periodically visit this page to review the current Policy. Your continued use of our Websites following any such changes will signify your acceptance and agreement to those changes.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE WEBSITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON THE COMPANY'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM THE COMPANY AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS OR RESIDENTS OF ANY OTHER JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

11. DISPUTE RESOLUTION

Any controversy, claim or dispute of whatever nature arising between a user of the Website, on the one hand, and the Company and/or the Related Parties (as defined below), on the other, including but not limited to those arising out of or relating to the Policy or any other relationship of a user of the Website and the Company and/or the Related Parties (for purposes of this Section each is a “party”), whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law, or otherwise (“Dispute”), shall be settled through negotiation, mediation or arbitration, as provided below.

a. Negotiation

If a Dispute arises, the parties shall first attempt in good faith to resolve it promptly by negotiation. Any of the parties involved in the Dispute may initiate negotiation by providing notice (the “Dispute Notice”) to each involved party setting forth the subject of the Dispute and the relief sought by the party providing the Dispute Notice, and designating a representative who has full authority to negotiate and settle the Dispute. Within ten (10) business days after the Dispute Notice is provided, each recipient shall respond to all other known recipients of the Dispute Notice with notice of the recipient’s position on and recommended solution to the Dispute, and designating a representative who has full authority to negotiate and settle the Dispute. Within twenty (20) business days after the Dispute Notice is provided, the representatives designated by the parties shall confer either in person at a mutually acceptable time and place or by telephone, and thereafter as often as they reasonably deem necessary to attempt to resolve the Dispute.

b. Mediation

At any time twenty (20) business days or more after the Dispute Notice is provided, but prior to the initiation of arbitration, regardless of whether negotiations are continuing, any party may submit the Dispute to JAMS (Judicial Arbitration and Mediation Services - http://www.jamsadr.com) for mediation by providing notice of such request to all other concerned parties and providing such notice and a copy of all relevant Dispute Notices and notices responding to JAMS. In such case, the parties shall cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in promptly scheduling the mediation proceedings, and shall participate in good faith in the mediation either in person at a mutually acceptable time and place or by telephone, in accordance with the then-prevailing JAMS’s mediation procedures and this Section, which shall control.

c. Arbitration

Any Dispute not resolved in writing by negotiation or mediation shall be subject to and shall be settled exclusively by final binding arbitration before a single arbitrator in Phoenix, Arizona, in accordance with the then-prevailing Commercial Arbitration Rules of the American Arbitration Association (“AAA”). No party may commence arbitration with respect to any Dispute unless that party has pursued negotiation and, if requested, mediation, provided, however, that no party shall be obligated to continue to participate in negotiation or mediation if the parties have not resolved the Dispute in writing within sixty (60) business days after the Dispute Notice was provided to any party or such longer period as may be agreed by the parties in writing. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. Notwithstanding any contrary rules promulgated by the AAA, the following shall apply to all Arbitration actions:

    • The Federal Rules of Evidence shall apply in all cases;
    • The parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
    • The parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
    • The arbitration shall occur within one hundred-twenty (120) days from the date on which the  arbitrator is appointed, and shall last no more than five (5) business days;
    • The parties shall be allotted equal time to present their respective cases, including cross-examinations.

The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any provision of the Policy, or to rule upon or grant any extension, renewal or continuance of the Policy. Moreover, the arbitrator shall not have the power to award special, incidental, indirect, punitive, exemplary, or consequential damages of any kind or nature, however caused.

All communications, whether verbal, written or electronic, in any negotiation, mediation or arbitration action shall be treated as confidential and those made in the course of negotiation or mediation, including any offer, promise or other statement, whether made by any of the parties, their agents, employees, experts, or attorneys, or by the mediator or any JAMS employee, shall also be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and shall be inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in negotiation or mediation.

The costs of negotiation, mediation, and arbitration, including fees and expenses of any mediator, arbitrator, JAMS, the American Arbitration Association, or other persons independent of all parties acting with the consent of the parties to facilitate settlement, shall be shared in equal measure by the user of the Websites, on the one hand, and the Company and any Related Parties involved, on the other. The parties shall bear their own legal fees and expenses of negotiation, mediation and arbitration.

Although the Policy is made and entered into between a user of the Websites and the Company, the Company’s affiliates, owners, members, managers and employees (“Related Parties”) are intended third-party beneficiaries of the Policy, including this agreement to negotiate, mediate and arbitrate. The parties acknowledge that nothing in these policies is intended to create any involvement by, responsibility of, or liability of the Related Parties with respect to any dealings between an user of the Website and the Company, and the parties further acknowledge that no provision of the Policy shall be argued by any party to constitute any waiver by the Related Parties of any defense which the Related Parties may otherwise have concerning whether they can properly be made a party to any dispute between an user of the Website and the Company.

Any party may seek specific performance of this Section, and any party may seek to compel each other party to comply with the provisions of this Section by petition to a court of competent jurisdiction in the State of Arizona. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction in the State of Arizona, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending. The prevailing party in any proceeding enforcing the provisions of this Section shall be entitled to recover from the other party the reasonable attorneys’ fees and costs incurred by the petitioning party in obtaining the requested relief. If any portion of this Section is held to be unenforceable for any reason, the remainder shall remain in full force and effect.

Nothing in this Section shall preclude any party from seeking interim or provisional relief concerning the Dispute, including a temporary restraining order, a temporary or preliminary injunction, or an order of attachment, either prior to or during negotiation, mediation or arbitration.

12. CLASS ACTION WAIVER

By entering into this Policy, you understand and agree that you will waive your right to have any dispute or claim brought, heard or arbitrated as a class action, collective action or representative action (the “Class Action Waiver”). Notwithstanding any other clause contained in this Policy or the rules of the American Arbitration Association, any claim that all or part of this Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable must be determined only by a court of competent jurisdiction and may not be determined by an arbitrator.

13. PERIOD OF LIMITATION

Should you bring a claim against the Company for any alleged act or omission of the Company relating to or arising from this Policy, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against the Company for such act or omission. You hereby relinquish and waive all claims permissible by any other applicable statutes of limitation.

14. CHOICE OF LAW

Jurisdiction and venue of any matter not subject to arbitration shall lie exclusively in Maricopa County, State of Arizona. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Arizona shall govern all other matters relating to or arising from the Policy or any element of your relationship with the Company.

15. MISCELLANEOUS PROVISIONS

 

a. Severability
If any provision of this Policy in its current form or as may be amended is found to be invalid or unenforceable for any reason, only the invalid portion of the provision shall be severed and the remaining terms of the Policy shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.

b. Waiver
The failure of the Company to partially or fully exercise any rights or remedies that may be available to it, or the waiver of the Company of any breach of this Policy by you shall not prevent a subsequent exercise of such rights by the Company and shall not be deemed a waiver by the Company of any subsequent breach by you of the same or any other provision of the Policy. Our rights and remedies under the Policy and any other applicable agreement between you and the Company shall be cumulative, and the exercise of any such right or remedy shall not limit our ability to exercise a different or additional right or remedy.

c. Release and Indemnification
You agree to indemnify, hold harmless, and defend the Company, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your participation as a user of the Website, your violation of this Policy, any defamatory or infringing content posted by you, or your violation of any law or the rights of a third party.

d. Confidentiality
You agree that the Company has a proprietary interest in its customer lists and other confidential information described in this Policy or other materials provided to you by the Company. You agree not to use or disclose such confidential information except as explicitly authorized by the Company. Use or disclosure of customer lists for any purpose is strictly prohibited.

e. International Use
The Website is intended for use only in the United States and Canada. We make no representation that the materials presented on the Company Websites are appropriate for use or available for use in any other jurisdiction.

f. Risk of Loss
Risk of loss passes to you upon our shipment of any products ordered by you when such products are delivered to the third party carrier.

g. Entire Agreement
This Policy constitutes the entire agreement of the parties with respect to this subject matter and your use of the Websites. There are no verbal or written collateral representations, agreements or understandings relevant to this subject matter except as specifically set forth in this Policy.

h. Contact Information
The Company’s Legal Department may be contacted at: Legal Department, Think Goodness, 565 East Germann Road, Suite 101, Gilbert, Arizona 85297. All legal notices shall be sent by registered or certified mail to this address

The Care Team may be contacted by telephone at 866-600-7525 or electronically by selecting the “Contact Us” option at the bottom of any page of the Website.

All other contacts may be directed to:

Think Goodness
565 East Germann Road, Suite 101
Gilbert, Arizona 85297

NOTICE TO CALIFORNIA RESIDENTS

The California Consumer Privacy Act (CCPA) requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this does not apply to you and you should not rely on it.

The CCPA defines “Personal Information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Resident or household. Personal information does not include publicly available, deidentified or aggregated information. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

Right to Know About Personal Information Collected, Disclosed, or Sold

If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you.  This right includes the right to request any or all of the following:

  • Specific pieces of Personal Information that we have collected about you;
  • Categories of Personal Information that we have collected about you;
  • Categories of sources from which the Personal Information was collected;
  • Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
  • Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
  • The business or commercial purpose for collecting or, if applicable, selling Personal Information.

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.

Collection of Personal Information

A list of the categories of Personal Information that we currently collect and have collected for the 12 months preceding the Effective Date of this Privacy Policy is provided in Section 2 of the Privacy Policy above. A list of the categories of sources from which we have collected that Personal Information is provided in Section 2 above. A list of the business or commercial purposes for collecting that Personal Information is provided in Section 2 above.

Disclosure or Sale of Personal Information

A list of categories of Personal Information that we have disclosed for a business purpose in the 12 months preceding the Effective Date of this Privacy Policy is provided in Section 3 of the Privacy Policy above. The categories of third parties to whom the information was disclosed are also identified in Section 3 above. We do not knowingly collect or sell the Personal Information of minors under 16 years of age.

Right to Request Deletion of Personal Information

If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected. However, per the CCPA, we are not required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

How to Submit a Request to Know or Delete

You may submit a request to know or delete (or to exercise any other right in this Policy and the CCPA) by submitting the form located here: DO NOT SELL MY INFO. Our response time for such requests is subject to the verification process outlined below. All other requests or inquiries may be submitted by emailing your request to legal@thinkgoodness.com.

Our Process for Verifying a Request to Know or Delete

If we determine that your request is subject to an exemption or exception, we will notify you of our determination. If we determine that your request is not subject to an exemption or exception, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure or deletion as applicable.

For requests to access categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

Right to Opt-Out of Sale of Personal Information

If you are a California resident, you have the right to direct businesses to stop selling your Personal Information. We do not sell Personal Information as it is defined in the CCPA.

Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights

We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.

Authorized Agents

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed in this Notice. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Shine the Light Law

We do not disclose personal information obtained through our website or services to third-parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

Accessibility

We are committed to ensuring that this Privacy Statement is accessible to individuals with disabilities.  If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

How to Contact Us

To contact us with questions or concerns about our privacy policies, please email legal@thinkgoodness.com.



SUBSCRIBE + SAVE PROGRAM TERMS & CONDITIONS

1. Eligibility

The Think Goodness, LLC (“TG”) Subscribe + Save Program (“Program”) is a monthly auto-replenishment subscription program and is subject to the following terms and conditions. The Program is open to legal residents of the U.S. and Canada who are at least eighteen (18) years old, or the legal age of majority in your jurisdiction.

By clicking the ‘Subscribe + Save’ button, placing your initial replenishment order and participating in the Program, you acknowledge and agree that you have read and understand, and agree to be bound by, these terms & conditions, limitations and requirements for the Program. Please read these terms carefully.

YOU MAY TERMINATE YOUR SUBSCRIBE + SAVE PROGRAM AUTO-REPLENISHMENT SERVICES AS DESCRIBED IN THE BELOW SECTION TITLED CANCELLATION OF PROGRAM PARTICIAPTION.

2. Enrollment

When you enroll in the Program, you may select your delivery cadence including how often you would like your TG product(s) delivered to you in increments of 30/60/90 days. All auto-replenishment orders over $40 USD are eligible for free standard shipping.

Only TG items included in the auto-replenishment option will qualify for replenishment benefits. You must be logged into your Program account in order to submit an auto-replenish order. Your credit/debit card details will be saved for future processing. By placing your initial auto-replenishment order, you are authorizing TG to charge your chosen method of payment for future orders at the frequency you select.

3. Recurring Orders

After the placement of your first order, your replenishment order will automatically create a new shipment according to your selected delivery cadence, until you cancel. You may edit items in your auto-replenishment order, skip, or cancel your auto-replenishment order until 10 p.m. CT the day before its renewal date (i.e., if you setup a replenishment on March 1 and choose a replenishment schedule of every thirty (30) days, the next renewal date is March 31. You would have until 10 p.m. CT on March 30 to make changes to your next shipment).

If you do not cancel or change the delivery date of your auto-replenishment order in time, your order will be processed. You will receive a pre-shipment email three (3) days before your next auto-replenishment processes which confirms the details of your order.

If an auto-replenish item is out of stock on its shipment date, you will be notified via email. Until the item is back in stock, that specific auto-replenishment will not be processed, and your credit/debit card will not be charged. Your credit/debit card may reflect a pending transaction. This should be released within five (5) business days.

Credit/debit card failures (expired or canceled card) will prevent a recurring order from being shipped. You will receive an email notification if your payment method fails to process, prompting you to update your payment

information. We will make an attempt to process your auto-replenishment order every six (6) days for a total of six (6) attempts. If at that time your payment method still fails to process, your auto-replenishment subscription will be canceled.

4. Availability

Auto-replenishment is only available with TG specific items within the Program.

5. Communications with TG and Opting Out

By participating in the Program, you will automatically be subscribed to receive all Program-related emails and other promotional communications from TG that we believe may be of interest to you. These communications will be sent in accordance with the terms of our Privacy Policy. You may unsubscribe or opt-out of such communications at any time by following the instructions listed in any such communication.

6. Replenishment Management

You may view future deliveries and upcoming charges; skip future deliveries; cancel a shipment or cancel your Program participation via your Program account management page.

7. Promotions and Special Terms and Conditions

TG may announce special promotions or other offers in conjunction with the Program from time to time (“Promotions”), and these Promotions may be subject to different or additional terms and conditions as set forth in the details related to such Promotions. In the event any term or condition of any Promotion directly conflicts with any term or condition set forth herein, the term or condition stated for the Promotion shall apply. If a Promotion is silent as to a particular term or condition, the terms and conditions set forth in this Agreement shall apply.

8. Refunds and Returns

Product refunds and returns may be requested in accordance with the TG return policy. For detailed information, please contact our Care Team at 1-888-491-0331.

9. Fraud Protection

As part of our order processing procedures, we may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you to confirm your order. We also reserve the right to cancel any Program Account or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

10. Cancellation of Program Participation

Your participation in the Program may be cancelled in several ways: (a) cancellation by you occurs when you contact TG and request that your auto-replenishment be cancelled, (b) cancellation by you occurs when you cancel your Program participation via your Program account management page; or (c) cancellation by TG may occur in its sole and absolute discretion at any time.

Factors that may lead to cancellation by TG include, but are not limited to: failure to adhere to the Terms & Conditions of the Program or any other conduct deemed by TG to be detrimental to the Program, other members, or the best interests of TG. Your participation in the Program may also be temporarily suspended while TG determines whether cancellation for any of these reasons is appropriate. If your participation is cancelled by TG,there may be limitations or restrictions on your ability to participate in the Program in the future.

11. Privacy Policy and Personal Information

By enrolling in the Program, you acknowledge and agree that you have read and understand and agree to be bound by TG’s Privacy Policy as posted at the TG website in the Legal Notices section. The Privacy Policy, like these Terms & Conditions, may be changed from time to time in our sole and absolute discretion and without prior notice to you. Your continued participation in the Program will constitute your immediate acceptance of any such changes.

12. Communications with TG and Opting Out

By participating in the Program, you will automatically be subscribed to receive all Program-related emails and other promotional communications from TG that we believe may be of interest to you. These communications will be sent in accordance with the terms of our Privacy Policy. You may unsubscribe or opt-out of such communications at any time by following the instructions listed in any such communication.

13. Changes to or Termination of Program

TG reserves the right, in our sole and absolute discretion and without prior notice to you, to revise any term or condition of the Program or to change, suspend or discontinue any aspect of the Program and we will not be liable to you or any third party for doing so. Your continued participation in the Program will constitute your immediate acceptance of any such changes.

14.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON TG'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM TG AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS OR RESIDENTS OF ANY OTHER JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

15. Intellectual Property

TG is the owner and exclusive licensor of numerous names and trademarks, including but not limited to, “Willing Beauty,” “HY+5” and other names, trade names, logos, and marks of TG. Copyrights in and to its work product, as well as other trade dress, trade secret and other proprietary rights as identified in the Legal Notices section of TG’s website (collectively, the “Intellectual Property”), all of which are exclusively owned by TG. You agree that you have no ownership or rights or interests in any of Company’s Intellectual Property by virtue of your participation in the Program or otherwise.

You will not use TG’s Intellectual Property except as provided in materials furnished by TG or approved in writing by TG prior to their use by you. You understand that unauthorized use or duplication of TG’s Intellectual Property is a violation of U.S. federal law and may be grounds for cancellation of your participation in the Program.

Upon cancellation of your participation in the Program for any reason, your limited license to use any of TG’s Intellectual Property also terminates and all such use must cease immediately.

16. Dispute Resolution

Any dispute or claim relating in any way to the Program will be resolved exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

To initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Think Goodness, LLC, 575 East Germann Road, Suite 101, Gilbert, Arizona 85297, Attn: Legal Department.

Class Action Waiver. You and Think Goodness mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard, or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), except as follows:

  • The arbitration shall be heard by one arbitrator selected in accordance with the JAMS Rules. The arbitrator shall be an attorney with experience in the law underlying the
  • In the event the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 25 miles of where you are located.
  • Unless applicable law provides otherwise, as determined by the arbitrator, the parties agree that Think Goodness shall pay all of the arbitrator’s fees and
  • The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving
  • Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is
  • The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such
  • The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of
  • Either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration may be rendered

Regardless of any other terms in these Terms and Conditions, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.

17. Period of Limitation

Should you bring a claim against TG for any alleged act or omission of TG relating to or arising from this Program, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against TG for such act or omission. You hereby relinquish and waive all claims permissible by any other applicable statutes of limitation.

18. Choice of Law

Jurisdiction and venue of any matter not subject to arbitration shall lie exclusively in Maricopa County, State of Arizona. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Arizona shall govern all other matters relating to or arising from the Agreement or any element of your relationship with TG.

19. Miscellaneous Provisions
Severability

If any provision of this Agreement in its current form or as may be amended is found to be invalid or unenforceable for any reason, only the invalid portion of the provision shall be severed and the remaining Terms & Conditions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.

Waiver

The failure of TG to partially or fully exercise any rights or remedies that may be available to it, or the waiver of TG of any breach of these Terms & Conditions by you shall not prevent a subsequent exercise of such rights by TG and shall not be deemed a waiver by TG of any subsequent breach by you of the same or any other of these Terms & Conditions. Our rights and remedies under these Terms & Conditions and any other applicable agreement between you and TG shall be cumulative, and the exercise of any such right or remedy shall not limit our ability to exercise a different or additional right or remedy.

Release and Indemnification

You agree to indemnify, hold harmless, and defend TG, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your participation as a Program member, your use of the TG’s website, your violation of these Terms & Conditions or the Privacy Policy, any defamatory or infringing content posted by you, or your violation of any law or the rights of a third party.

Risk of Loss

Risk of loss passes to you upon our shipment of any products ordered by you when such products are delivered to the third party carrier.

Contact Information

The TG Legal Department may be contacted at: Legal Department, Think Goodness, LLC, 575 East Germann Road, Suite 101, Gilbert, Arizona 85297. All legal notices shall be sent by registered or certified mail to this address.

The Care Team may be contacted by telephone at 888-491-0331 or electronically by selecting the “Contact Us” option at the bottom of any page of the TG website.

All other contacts may be directed to:
Think Goodness, LLC
575 East Germann Road, Suite 101
Gilbert, AZ 85297

ORIGAMI OWL COLLECTORS' CLUB SUBSCRIPTION PROGRAM TERMS & CONDITIONS

1. Eligibility

The Think Goodness, LLC (“TG”) Origami Owl Collectors’ Club Subscription Program (“Program) is a recurring monthly subscription program and is subject to the following terms and conditions. The Program is open to legal residents of the U.S. and Canada who are at least eighteen (18) years old, or the legal age of majority in your jurisdiction.

By adding the Program SKU to your cart to place your initial subscription order, and by participating in the Program, you acknowledge and agree that you have read and understand, and agree to be bound by, these terms & conditions, limitations, and requirements for the Program. Please read these terms carefully.

YOU MAY TERMINATE YOUR PROGRAM SERVICES AS DESCRIBED IN THE BELOW SECTION TITLED CANCELLATION OF PROGRAM.

ALL PROGRAM ORDERS ARE ELIGIBLE FOR FREE STANDARD SHIPPING.

2. Automatic Renewal

By placing your initial subscription order, you are authorizing TG to charge your chosen method of payment for future monthly subscription orders. Your credit/debit card details will be saved for future processing.

You agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, TG may submit periodic charges (e.g., monthly) to your chosen payment method at the then-current Program rate, without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before TG reasonably could act. Information on how to cancel is described below.

3. Communications with TG and Opting Out

By participating in the Program, you will automatically be subscribed to receive all Program-related emails and other promotional communications from TG that we believe may be of interest to you. These communications will be sent in accordance with the terms of our Privacy Policy. You may unsubscribe or opt-out of such communications at any time by following the instructions listed in any such communication.

4. Monthly Subscription Contents

You will receive two (2) mystery Origami Owl charms (“Charms”) per month. The Charms will vary from month to month.  TG makes no guarantee that You will receive a particular Charm.

5. Subscription Management

You may view future subscription deliveries and upcoming charges; skip future deliveries; cancel a shipment or cancel your Program participation before the 25th of any month via your Program account.

6. OMG Reward Points

You may earn points redeemable through the TG OMG Rewards Program for Charms purchased on your first and third orders through the Program.

7. Promotions and Special Terms and Conditions

TG may announce special promotions or other offers in conjunction with the Program from time to time (“Promotions”), and these Promotions may be subject to different or additional terms and conditions as set forth in the details related to such Promotions. In the event any term or condition of any Promotion directly conflicts with any term or condition set forth herein, the term or condition stated for the Promotion shall apply. If a Promotion is silent as to a particular term or condition, the terms and conditions set forth in this Agreement shall apply.

8. Refunds and Returns

Product refunds and returns may be requested in accordance with the TG return policy. For detailed information, please contact our Care Team at 1-888-491-0331.

9. Fraud Protection

As part of our order processing procedures, we may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject your order or we may contact you to confirm your order. We also reserve the right to cancel any Program Account or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

10. Cancellation of Program

To cancel your month-to-month rebillable subscription at any time, you may (i) select cancel through your Program account; or (ii) cancellation by TG may occur in its sole and absolute discretion at any time.

Factors that may lead to cancellation by TG include, but are not limited to: failure to adhere to the Terms & Conditions of the Program or any other conduct deemed by TG to be detrimental to the Program, other members, or the best interests of TG. Your participation in the Program may also be temporarily suspended while TG determines whether cancellation for any of these reasons is appropriate. If your participation is cancelled by TG, there may be limitations or restrictions on your ability to participate in the Program in the future.

11. Privacy Policy and Personal Information

By enrolling in the Program, you acknowledge and agree that you have read and understand and agree to be bound by TG’s Privacy Policy as posted at the TG website in the Legal Notices section. The Privacy Policy, like these Terms & Conditions, may be changed from time to time in our sole and absolute discretion and without prior notice to you. Your continued participation in the Program will constitute your immediate acceptance of any such changes.

12. Changes to or Termination of Program

TG reserves the right, in our sole and absolute discretion and without prior notice to you, to revise any term or condition of the Program or to change, suspend or discontinue any aspect of the Program and we will not be liable to you or any third party for doing so. Your continued participation in the Program will constitute your immediate acceptance of any such changes.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON TG'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM TG AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS OR RESIDENTS OF ANY OTHER JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

14. Intellectual Property

TG is the owner and exclusive licensor of numerous names and trademarks, including but not limited to, “Origami Owl®” and other names, trade names, logos, and marks of TG. Copyrights in and to its work product, as well as other trade dress, trade secret and other proprietary rights as identified in the Legal Notices section of TG’s website (collectively, the “Intellectual Property”), all of which are exclusively owned by TG. You agree that you have no ownership or rights or interests in any of Company’s Intellectual Property by virtue of your participation in the Program or otherwise.

You will not use TG’s Intellectual Property except as provided in materials furnished by TG or approved in writing by TG prior to their use by you. You understand that unauthorized use or duplication of TG’s Intellectual Property is a violation of U.S. federal law and may be grounds for cancellation of your participation in the Program.

Upon cancellation of your participation in the Program for any reason, your limited license to use any of TG’s Intellectual Property also terminates and all such use must cease immediately.

15. Dispute Resolution

Any dispute or claim relating in any way to the Program will be resolved exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

To initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Think Goodness, LLC, 575 East Germann Road, Suite 101, Gilbert, Arizona 85297, Attn: Legal Department.

Class Action Waiver. You and Think Goodness mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard, or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), except as follows:

    • The arbitration shall be heard by one arbitrator selected in accordance with the JAMS Rules. The arbitrator shall be an attorney with experience in the law underlying the dispute.
    • In the event the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 25 miles of where you are located.
    • Unless applicable law provides otherwise, as determined by the arbitrator, the parties agree that Think Goodness shall pay all of the arbitrator’s fees and costs.
    • The arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
    • Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
    • The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
    • The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law.
    • Either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration may be rendered ineffectual.

Regardless of any other terms in these Terms and Conditions, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.

16. Period of Limitation

Should you bring a claim against TG for any alleged act or omission of TG relating to or arising from this Program, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against TG for such act or omission. You hereby relinquish and waive all claims permissible by any other applicable statutes of limitation.

17. Choice of Law

Jurisdiction and venue of any matter not subject to arbitration shall lie exclusively in Maricopa County, State of Arizona. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Arizona shall govern all other matters relating to or arising from the Agreement or any element of your relationship with TG.

18. Miscellaneous Provisions
Severability

If any provision of this Agreement in its current form or as may be amended is found to be invalid or unenforceable for any reason, only the invalid portion of the provision shall be severed and the remaining Terms & Conditions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.

Waiver

The failure of TG to partially or fully exercise any rights or remedies that may be available to it, or the waiver of TG of any breach of these Terms & Conditions by you shall not prevent a subsequent exercise of such rights by TG and shall not be deemed a waiver by TG of any subsequent breach by you of the same or any other of these Terms & Conditions. Our rights and remedies under these Terms & Conditions and any other applicable agreement between you and TG shall be cumulative, and the exercise of any such right or remedy shall not limit our ability to exercise a different or additional right or remedy.

Release and Indemnification

You agree to indemnify, hold harmless, and defend TG, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your participation as a Program member, your use of the TG’s website, your violation of these Terms & Conditions or the Privacy Policy, any defamatory or infringing content posted by you, or your violation of any law or the rights of a third party.

Risk of Loss

Risk of loss passes to you upon our shipment of any products ordered by you when such products are delivered to the third party carrier.

Contact Information

The TG Legal Department may be contacted at: Legal Department, Think Goodness, LLC, 575 East Germann Road, Suite 101, Gilbert, Arizona 85297. All legal notices shall be sent by registered or certified mail to this address.

The Care Team may be contacted by telephone at 888-491-0331 or electronically by selecting the “Contact Us” option at the bottom of any page of the TG website.
All other contacts may be directed to:

Think Goodness, LLC
575 East Germann Road, Suite 101
Gilbert, AZ 85297

© 2022, Think Goodness, LLC. All Rights Reserved.

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