OVERVIEW

ALL ORDER AND PURCHASE INQUIRIES WITH THA1ST.COM ARE ASSOCIATED WITH A 1ST MEMBERSHIP TO BE CHARGED TWICE EVERY MONTH DEPENDING ON YOUR DAY OF PURCHASE. PROGRAM MEBERSHIP CUSTOMERS MUST MAINTAIN THEIR COMPLIENCE TO OUR SERVICE AND OFFERINGS. EACH ORDER IS COMPULSORY TO THE TERMS OF SERVICE WITHIN THA1ST.COM AND AFFILIATES. 

Monthly Membership fee of $14.51 covers a lump sum paid in up to 18 equal installments. All other installments are charged every 30 days.

 

What You Are Paying For With Membership:

 

  • Exclusive Access To Our Order Protection Program.
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    Stress less knowing that if anything were to happen, we’ve got you covered!

     

  • Access Credits To Our 24-Hour Order Tracking Software.
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    Customers are provided a terminal where they can track their order by order number, email, and/or full name. These credits, while not unlimited, provide customers with information about where their order is in the shipping process!

     

  • Member Discount Deal Weekends Up To 50% Off On All Items.
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    Watch for email alerts gearing up for Discount Deal Weekends and maximize your shopping spree!

     

  • Early Access To Holiday Sales.
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    Black Friday and Cyber Monday are big around here, and you get those deals for an extra week early and an extra week extension on both holidays! 

     

  • Free Shipping Coupons For Future Purchases.
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    Keep checking your email for our free shipping coupons and codes!

     

  • Also Get FREE, Yes FREE! Orders On The House For Our Most Loyal Members.
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    We value our customers, and want to give them gifts to show our appreciation! 

    This website is operated by Tha1st. Throughout the site, the terms “we”, “us” and “our” refer to Tha1st. Tha1st offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

    By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

    Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

    Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

    Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

    Last updated on February, 2021

    Updates Include: Making membership information more clear and conspicuous by increasing Heading Font Size as well as moving the Tha1st.com Membership Terms and Purchases and General Membership Policies sections to the beginning of our Terms of Service Requirements to ensure easily accessible and transparent information is available to all customers.  

    Introduction

    These Terms of Use ("Terms") govern your access to and use of the Tha1st.com site and Tha First Organization Inc. Stores ("Clubs"). These Terms apply to both Tha1st Members and non-Members. Your use of the Site constitutes your agreement to follow and be bound by these Terms. By using the Site, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. If you violate or do not agree to these Terms, then your access to and use of the Site is unauthorized.

     For Tha1st Members, these Terms also govern your Membership with Tha1st.com as further set forth in the Membership Terms and Purchases section below ("Membership Terms"). By entering and maintaining your Tha1st.com Membership, you agree to be bound by these Terms, including the Membership Terms and the terms and conditions related to related Tha1st.com’s policies and programs cross-referenced in the Additional Terms section below.

    IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND THA1ST.COM ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

    We may update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. By continuing to use or access the Site after we post any changes, you accept the updated Terms.

    The "Last Updated" legend above indicates when these Terms were last revised.

    Tha1st.com Membership Terms and Purchases

    This section includes terms specific to Tha1st.com Members ("Members") and does not apply to non-Members. Non-members are what we refer to as people who have not ordered with us. 

    General Membership Policies

    • All shoppers and purchases are enrolled as members to shop with Tha1st.com.
    • Members must be 18 years of age or older and have a valid form of government-issued identification or other approved identification.
    • Tha1st.com reserves the right to accept, refuse, or revoke Membership with or without cause at any time at its sole discretion.
    • Monthly Membership fee of $14.51 covers a lump sum paid in up to 18 equal installments. All other installments are charged every 30 days. 
    • Members are welcome to bring their children or guardians to any Tha1st.com location. A Member must accompany their children or guardians and their guests at all times. Members are responsible for any damage or other liability caused by themselves, their children or guardians, and their guests.
    • Tha1st.com reserves the right to inspect any container, backpack, briefcase or other bag of any person upon entering or leaving any Tha1st.com location and to refuse entry (non physical or physical) to anyone at our discretion.
    • Receipts: To ensure that you are charged correctly for the merchandise you have selected, Tha1st.com may inspect or electronically scan your merchandise and electronic/phone or paper copy receipt(s) when you exit any Tha1st.com (non physical or physical) location.

    Membership Period, Cards and Fees

    • Report a lost or stolen card immediately at Tha1st.com Member support email (support@tha1st.com) with subject line “lost or stolen card”.
    • The Primary Member and Complimentary Household membership holder (hereinafter referred to as "Member" unless specifically stated otherwise) are responsible for Membership, including the monthly membership fee and account maintenance.
    • The Primary Member is solely responsible for Membership, including the monthly membership fee and account maintenance.
    • All Primary Members may add one Complimentary Household membership holder. The Complimentary Household membership holder may be the Primary Member's spouse, domestic partner, or person living in the same household who is 18 years of age or older. Other individuals are not eligible to be Complimentary Household membership holders.
    • Memberships are non-transferable and are valid at all Tha1st.com (physical and non physical) locations nationwide and to make purchases on the Site.
    • A Membership includes a Complimentary account Login page in addition to the Primary Member.
    • Tha1st.com Members are eligible for Free Shipping subject to the terms available.
    • Membership Renewal and Cancellation

    Renewal Program

    • Members are automatically entered into a renewal program where customers are sent a notification to renew their membership. Customers can cancel this program at any time. Members not enrolled in the Renewal Program may enroll in the Renewal Program at any time under then-current Terms.
    • NO auto-renewals, Customers must authorize membership every 12 months.
    • If the Primary Member or Complimentary Household membership holder enrolls in the Renewal Program, Tha1st.com will automatically charge the Membership fee, plus the fee for any existing Add-On Memberships and any applicable taxes, to any card on file or any payment method in the digital wallet approximately one day before the end of the Membership term. By enrolling in the Renewal Program, the Primary and Complimentary Member authorizes Tha1st.com to charge the scheduled payments (or any adjustment thereof) to any card on file or any payment method in the digital wallet, and represents that they are the owner or authorized user of the account(s) and payment methods to be charged.
    • Tha1st.com will send information about the Renewal Program and Membership renewal by email. A valid email address is required for enrollment in the Renewal Program when Members enroll online. Members may update payment and other account information online or by emailing support@tha1st.com or by logging in to their account on tha1st.com. By enrolling in the Renewal Program, a Member agrees to receive communication about Membership renewals only by email and to receive marketing and promotional email from Tha1st.com.
    • A Member's authorization under the Renewal Program allows Tha1st.com to adjust the scheduled charge to reflect any changes to the Membership fee, Add-On Membership fee (if applicable), or taxes. Tha1st.com will notify the Member by email, at least 10 days prior to making any charge, if there is a change to the fee. Although payment will usually be processed on the scheduled date, the Member should allow several days for processing.
    • ALL AUTHORIZATIONS UNDER THE RENEWAL PROGRAM REMAIN IN EFFECT UNTIL THE RENEWAL OPTION IS CANCELLED. Members may cancel enrollment in the Renewal Program at any time online through the Site, or emailing support@tha1st.com with the subject line “cancel Renewal”. Cancellation of enrollment in the Renewal Program is distinct from cancellation of your Tha1st.com Membership. A Member can keep his/her Membership active after unenrolling in the Renewal Program by paying the renewal fee.
    • Continued participation in the Renewal Program after any changes to these Terms or changes to the Membership fee constitutes acceptance of the changes.
    • 2. Automatic Billing for Members with Tha1st.com using a Credit Account will be automatically billed for Membership renewal unless otherwise specified. You will not receive a new membership login each year. 
    • 3. Members Not Enrolled in Renewal Program
    • Members will receive a renewal notice and invoice by their specified preferred method of contact unless enrolled in the Renewal Program if they have unenrolled.
    • Only the Primary Member may authorize renewal or cardholder changes (including Add-On Memberships for Members who operate a business).
    • Members may renew their Membership online, or by email to support@tha1st.com.
    • A renewal initiated within sixty (60) days after your expiration date will extend your monthly Membership for twelve (12) months from the expiration date. If your Membership has been expired for more than sixty (60) days, Tha1st.com has discretion to extend or deny your Membership for twelve (12) months from the date you initiated the renewal.
    • Cancelling your Membership
      Members may cancel their Membership at any time online or by emailing support@tha1st.com. Tha1st.com reserves the right to charge membership account cancellation fees. Members may cancel enrollment in the Renewal Program at any time online through their account or by emailing support@tha1st.com. 

     Payment In Clubs and Online

    • For in-store purchases, Tha1st.com accepts American Express®, MasterCard®, Visa®, Discover®, debit cards, prepaid credit cards, and Tha1st.com Gift/e-Gift Cards. We do not accept or issue cash or checks of any kind. 

    Intellectual Property; Use of Site

    The Site and all materials, including images, illustrations, designs, icons, photographs, video clips, software and written and other materials that are part of this site (collectively, the "Contents") may be subject to copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Tha1st.com, one of its affiliates, or by third parties who have licensed their materials to STha1st.com and may be protected by U.S. and international copyright laws. Subject to your compliance with these Terms, and solely for so long as you are permitted by Tha1st.com, you may access, view, download, and print the Contents for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way except as expressly permitted; and (3) do not provide or make available the Contents to any third party in a commercial manner.

    The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Tha1st.com and is also protected by U.S. and international copyright laws. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please email support@tha1st.com for Making and Responding to Claims of Copyright Infringement. Or refer to our procedure for making and responding to claims of copyright infringement.

    The content and software on this Site may be used only as a shopping resource. You may download or copy the Contents and other downloadable materials displayed on the site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the site or any related software.

    Procedure for Making and Responding to Claims of Copyright Infringement

    We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement please email support@tha1st.com

    User Account, Comments, and Ideas

    You certify that any content you provide on or through the Site and Tha1st.com Communities is accurate and that the information you provide on or through the Site is complete. You are solely responsible for maintaining the confidentiality and security of your Tha1st.com account including username and password. Tha1st.com is not responsible for any losses arising out of the unauthorized use of your account. You agree that Tha1st.com does not have any responsibility if you lose or share access to your device or your account. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that Tha1st.com is not a party to any such agreement, nor is it responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Site or any portion of the Site; or (2) change, modify, or waive any fees required to use any services, functionality or other content available through the Site or any portion of the Site.

    Tha1st.com does not claim ownership of any comments or reviews submitted or offered by you on or through this Site ("Comment(s)") or ideas, concepts, feedback, or know-how ("Ideas"). By making any Comment, you agree that such Comment is non-confidential, non-proprietary, and may be disseminated or used by Tha1st.com. If you make a Comment, you automatically grant—or warrant that the owner of such content has expressly granted--Tha1st.com a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display (publicly or otherwise) the Comments and Ideas in any media or medium, or any form, format, or forum now known or hereafter developed.

    Tha1st.com's policy is to not accept or review unsolicited Ideas. Notwithstanding this policy, any Ideas that are submitted or offered through the Site shall be and remain the exclusive property of Tha1st.com and shall be treated as non-confidential information. Tha1st.com will be entitled to use and disclose any Ideas you submit for any purpose whatsoever, without restriction and without compensating you or any other party in any way.

    Tha1st.com may sublicense its rights in Comments and Ideas through multiple tiers of sublicenses. Tha1st.com is, and will be, under no obligation (1) to maintain any Comment or Idea in confidence; (2) to pay any compensation for any Comment or Idea; or (3) to respond to any Comment or Idea. You grant to Tha1st.com the right to use any name associated with any Comment or Idea that you make available to Tha1st.com, although Tha1st.com has no obligation to exercise such right, or to otherwise provide any attribution for any Comment or Idea.

    You agree that you will not make any Comment that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Comment that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Comment unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or engage in "spamming"; (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole and exclusive judgment of Tha1st.com, exposes Tha1st.com or any of its licensors, partners, or customers to any liability or detriment of any type; or (i) violates any policy posted on the Site or intended to cause harm, damage, disable or otherwise interfere with Tha1st.com or Tha1st.com partners.

    You are solely responsible for any Comments you make, the consequences of making a Comment, and your reliance on any Comments. Tha1st.com is not responsible for the consequences of any Comment. Tha1st.com is not responsible for screening or monitoring Comments.

    Tha1st.com reserves the right (but is not obligated) to: (a) record any Comment you make on the site; (b) investigate an allegation that a Comment does not comply with these Terms; (c) determine in its sole discretion to remove or request the removal of Comments which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user's access to any or all parts of the site upon any breach of these Terms or the law; and (e) monitor, edit, or disclose any Comment, regardless of whether such Comment violates these Terms. Tha1st.com will have no liability or responsibility to users for performance or nonperformance of such activities.

    Merchandise on Site and in Clubs

    No Representations as to Merchandise

    • The Site may make available listings, descriptions, and images of goods and services ("Products"). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
    • We try to display colors of Products as accurately as possible on the Site. However, as the actual colors you see will depend on your monitor and various other factors, we cannot guarantee that the actual display of any color will be accurate.

    Product Availability and Pricing

    • Prices and availability for Products are subject to change without notice.
    • Tha1st.com strives to provide accurate product and pricing information. However, pricing, pictorial or typographical errors may occur, and product descriptions and pricing information are never guaranteed. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or other product information, Tha1st.com shall have the right, at its sole discretion, to either refuse or cancel any orders placed for that item, or contact you for notification and instructions on such cancellation, even after your receipt of order confirmation or shipping notice from Tha1st.com. Without limitation to the terms above, Tha1st.com does not represent that any Product listing on this website is accurate and expressly disclaims any liability relating to accuracy.
    • Unless otherwise noted, prices for Products on the Site do not include shipping costs or applicable taxes.
    • Tha1st.com reserves the right to limit quantities to normal retail purchases or one-per-Member or household, and to exclude resellers.
    • We strive to provide you with the lowest costs possible on the site as well as in our warehouses. In our effort to provide you with the lowest costs in your particular geographic region, warehouse prices will sometimes differ from online prices.

    PRIVACY

    You acknowledge that any personal information that you provide through the Site, online or in Clubs will be used by Tha1st.com in accordance with Tha1st.com Privacy Policy (which may be updated by Tha1st.com from time to time).

    LIMITATION OF LIABILITY

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THA1ST.COM, OR ITS DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN THA1ST.COM SERVICES OR YOUR USE OF THE SITE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO THA1ST.COM ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE AND YOUR MEMBERSHIP DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO THA1ST.COM ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE SITE.

    Indemnification

    You agree to defend (at Tha1st.com option), indemnify, and hold Tha1st.com harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys' fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms. Tha1st.com reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Tha1st.com if and as requested by Tha1st.com in the defense and settlement of such matter.

    Disputes & Arbitration; Applicable Law

    PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site and/or enrolling as a Tha1st.com Member constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Tha1st.com will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision. Tha1st.com welcomes and encourages you to reach out to its Customer Service representatives regarding any issues or concerns you may have. This agreement does not in any way alter your ability to bring concerns to the attention of Tha1st.com Customer Service at support@tha1st.com.

    Class Action Waiver and Agreement to Arbitrate

    EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THA1ST.COM, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THA1ST.COM AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

    Arbitration Process and Procedure

    The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.

    The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator's decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

    Applicable Law

    These Terms will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

    Termination

    These Terms are effective unless and until terminated by either you or Tha1st.com. You may terminate these Terms at any time, provided that you discontinue any further use of the Site and cancel your membership. We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms by either you or Tha1st.com, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Site, as well as all copies of such Content, whether made under these Terms or otherwise. The following sections survive termination of these Terms: Intellectual Property, User Ideas, Tha1st.com Membership Terms and In-Store Purchases, Limitation of Liability, Indemnification, Disputes & Arbitration; Applicable Law.

    General

    These Terms represent the complete agreement and understanding between you and Tha1st.com and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Tha1st.com. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. The failure of Tha1st.com to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Tha1st.com's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Any use of the term "including" or variations thereof in these Terms shall be construed as if followed by the phrase "without limitation." Notices to you (including notices of changes to this these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Additional Terms

    Tha1st.com may from time to time and in its discretion incorporate additional terms to these Terms that govern specific benefits and programs related to Members. 

    How to Contact Us

    If you have any questions or comments, please contact us at support@tha1st.com, 

    Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. 

    Cash Rewards Program Terms & Conditions

    The Tha1st.com Rewards program (the "Rewards Program") is a membership benefit exclusively for U.S. Tha1st.com Members. The Rewards Program allows Tha1st.com Members to earn Rewards at Tha1st.com locations on qualifying purchases, as set forth below and subject to change at Tha1st.com discretion. Earned Rewards are loaded on to the membership account and are then available for redemption as store credit at Tha1st.com locations.

    Participation in the Rewards Program is subject to these Terms and Conditions, the Tha1st.com Membership Terms and Conditions and other Tha1st.com rules and policies that may be applicable. Participation in Rewards constitutes acceptance of these Rewards Terms and Conditions.

    All Tha1st.com rules, including these Rewards Terms and Conditions, may be amended from time to time without notice.

    Earning Rewards

    • Tha1st.com Members earn Free Shipping digital coupons via email on qualifying pre-tax purchases minus any redeemed savings or other discounts during a membership year. Rewards are emailed to the Tha1st.com Member account when available. 
    • Returns for refund of qualified purchases are deducted from accrual of Rewards.
    • Only qualifying purchases made by the Primary Member or Complimentary Household Cardholder, in a Tha1st.com facility located in the United States (excluding Puerto Rico) qualify for Rewards. Tha1st.com Add-On Members do not qualify to earn Rewards for themselves or for their Primary Member. Tha1st.com reserves the right to modify qualifying purchases as determined at Tha1st.com discretion.
    • Limit one use of digital coupon per membership.
    • Tha1st.com reserves the right to correct any errors it discovers resulting in changes to the Rewards Program or to a Member's Rewards coupons.
    • At the time Rewards are earned and awarded, the Member must be an active Tha1st.com Member.

    Cash Reward Exclusions

    Rewards are not earned for purchases of the following:

    • Gift Cards, including third party Gift Cards and eGift Cards
    • Membership
    • Taxes and fees (including sales tax, deposits, miscellaneous fees etc.)
    • Service Plans

    Rewards cannot be earned where application of the Rewards Program would be prohibited by law or regulation. Tha1st.com reserves the right to add, modify or delete qualifying restrictions on product categories or products from the above list without notice.

    Maximum Balance of Rewards

    Whenever a total of earned Rewards reaches $1,000 ("Maximum Balance"), Store Credit Rewards will no longer accrue. A member must reduce the Maximum Balance (e.g. use for purchase) by redeeming earned store credit/ free shipping Rewards in order for Rewards accrual to begin again. There is no retroactive credit of Rewards earned for purchases made when a membership has reached the Maximum Balance.

    Redeeming Rewards

    • Rewards can be applied to purchases online.
    • Only the Primary Member or Complimentary Household Cardholder on a Membership account may access and redeem the Cash Rewards loaded on the Membership account.
    • Rewards are non-transferable and non-assignable.
    • Tha1st.com reserves the right to require updated email information for reward disbursement.

    Purchase and Rewards Balances

    • After Rewards are awarded, any remaining qualifying purchase balance will be rolled over to the next Membership period and accrue towards Rewards the following period.
    • If a Tha1st.com Membership is terminated, cancelled, downgraded to a lower level of Membership during the course of the Membership year, or revoked by Tha1st.com, accrual of Rewards for that period shall be forfeited.
    • Tha1st.com Members that have terminated, cancelled, or not renewed their Memberships, or have downgraded to a lower level of Membership, but have already been awarded Rewards from a previous Membership year, can collect those Rewards online with the use of their digital coupon code. 
    • Tha1st.com Members that cancel or do not renew their Memberships will have one (1) month to collect any previously awarded Rewards at Tha1st.com locations. Tha1st.com reserves the right to issue a Tha1st.com gift card for any outstanding Store credit Rewards balance after one (1) month.

    Suspension of Program or Rewards

    • Tha1st.com reserves the right to amend, cancel or temporarily suspend the Rewards Program, in whole or in part, or change any of these Rewards Program Terms and Conditions at any time for any or no reason.
    • Tha1st.com reserves the right to suspend a Member's access to Rewards and the Rewards Program in the event of fraud, abuse of Rewards Program privileges, or violations of the Rewards Terms and Conditions, as determined in Tha1st.com's sole discretion without notice to the Member. Such action may result in the forfeiture of Rewards not yet redeemed.

    Payment

    Members can pay using any form of payment currently accepted for online purchases under the Membership Terms and Conditions.

    Authorization Process

    When you place an order, Tha1st.com authorizes your credit or debit card to make sure sufficient funds are available. Also note that all credit/debit card holders are subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order. We will not be liable for non-processing of your order. Please contact your card issuer or your bank for the reason of refusal.

    Taxes

    We are required by law to collect all taxes based on where your order is being processed. When you review your order total during the checkout process, you'll see the estimated sales tax. Actual taxes will be charged based on your delivery or pick up destination or the address from where the order is sourced, depending upon state and local laws. Taxes may be applied to pre-discounted prices depending on state and local laws.

    Order Cancellation

    Orders that are not accepted from a P.O. box by the time specified by the Post Office as the selected pickup date will automatically be cancelled and returned to inventory. If the order was prepaid, you will not be charged if the order is cancelled. However, Tha1st.com reserves the right to charge a restocking fee for cancelled orders. If you would like to get your order resent, Tha1st.com reserves the right to charge an additional shipping/processing fee. 

    Miscellaneous Terms

    Tha1st.com reserves the right to amend, cancel or temporarily suspend these Delivery Services, in whole or in part, or change any of these Terms and Conditions at any time for any or no reason.

    Free Shipping Terms & Conditions

    • Free Shipping for Members: Members with an active membership receive free shipping coupons for future purchases.
    • Club Members shipping items to Alaska and Hawaii may receive discounted shipping costs on items denoted by a "Free Shipping" tag and those items may also incur a surcharge.
    • If we inadvertently fail to charge for shipping and later discover that we should have done so, we will charge the card on file for the missed shipping charges.

    Additional Limitations/Exclusions:

    • Free shipping is limited to standard or ground shipping. It will not be used for expedited or overnight shipping.
    • Limited items are available for free shipping to Military APO/FPO addresses.
    • Free shipping is available for online items only.
    • Free Shipping is not available for drop ship resellers. A drop ship reseller is someone who purchases products for the purpose of resale on a third-party site. Drop ship reseller purchases returned to Tha1st.com as undeliverable due to an incorrect address will be refunded, less any applicable shipping fees.
    • Tha1st.com reserves the right to make changes to these terms and conditions at any time. 

    Satisfaction Guarantee Terms & Conditions

    Tha1st.com is committed to offering quality products and services at an exceptional value. Our goal is to ensure that our products and services meet or exceed your expectations on quality and performance and that you're satisfied with your Tha1st.com membership. We do this through Tha1st.com's 100% Membership Satisfaction Guarantee and 100% Merchandise Satisfaction Guarantee programs ("Guarantee Programs") available exclusively to current active members only. These Terms and Conditions ("Satisfaction Guarantee Terms and Conditions") explain the Guarantee Programs and set forth Tha1st.com's return, exchange, and refund policies. No other agreement or guarantee will remove or waive the limitations and conditions for set forth in these Terms and Conditions. Any statements to the contrary are null and void unless agreed to in writing by an authorized officer of Tha1st.com. Tha1st.com reserves the right to discontinue any guarantee program or to update or modify these Terms and Conditions without notice to you.

    Tha1st.com shoppers are also subject to Membership Terms and Conditions and the policies and terms of other applicable Tha1st.com programs, services, and promotions, all of which may change without notice.

    General Terms 

    Tha1st.com may limit or refuse requests for exchanges or refunds in the event of a local, regional or national emergency, fraud, abuse of privileges, or violations of these Satisfaction Guarantee Terms and Conditions, as determined in Tha1st.com's sole discretion. In the case of fraud or abuse of privileges, Tha1st.com may reverse the amount originally refunded or recharge the amount originally refunded.

    These Satisfaction Guarantee Terms and Conditions do not affect any manufacturer's warranty or requirements, limitations, or restrictions, which may vary by product. They also do not change any Member Services Benefits or Plans. See specific Member Services Benefits information or Plan information for details.

    100% Membership Satisfaction Guarantee

    If at any time a member is unsatisfied with your Membership, let us know and we will cancel your membership. 

    100% Merchandise Satisfaction Guarantee

    If you are not satisfied with the merchandise you purchased from Tha1st.com due to malfunction upon arrival, we will refund the items in most cases. Just send us back the item with photos of the damage inflicted during shipment or malfunction to support@tha1st.com for review. Only send the items to PO Box 1012, Aurora, Colorado, 80440-1012 . Please do not return it to the warehouse address on the package. Once the item has been received, we will refund the product cost back to your account.

    General Requirements and Restrictions

    • Request a return by emailing support@tha1st.com with subject line “requesting return”. Please include your confirmation number/ order number, name, product information and description of the return reasons along with photos or videos of the malfunction. 
    • Returns must provide your original confirmation email or order number and name. You must also send your items back to the address stated above for refund consideration.
    • Tha1st.com reserves the right to deny the refund in full or provide a partial refund if only part of the purchase is returned.
    • Number of Returns and Time Period. Tha1st.com reserves the right to limit the number of returns and limit returns to items returned within a reasonable time period after purchase, as determined in Tha1st.com's sole discretion.
    • Refunds/Credits.
      • Tender Type. Certain restrictions and limitations may apply regarding the tender type (debit, credit, etc.) of the refund or credit.
      • Purchases Returned to a Tha1st.com Location. You will receive credit to the account that was charged at the time of purchase if at all possible. Otherwise, we may provide your refund on a Tha1st.com E-Gift Card. We do not issue cash or checks for refunds. 
      • Online Purchases Returned via Tha1st.com. You will receive credit to the account that was charged at the time of purchase for merchandise returned through the process and this may take several weeks due to return shipping and processing time.
      • Tax. Tax refunds are governed by local laws and may vary by location.
      • Instant Savings/Promotions. If a purchase was made using Instant Savings or other promotions, refunds or credits will be calculated based on the price minus the Instant Savings amount or other promotional savings.
    • Shipping/Delivery Charges. Shipping and delivery charges will be refunded or credited only if the return is a result of an error by Tha1st.com or damaged during shipping.

    MORE MEMBERSHIP INFORMATION

    Being a member with Tha1st.com provides you with HUGE REWARDS!

    Here's how it works. Customers are automatically registered to become a member in order to purchase from our website.

    The longer you've been a loyal member, the more rewards you gain! Here at Tha1st.com we love rewarding our loyal customers with free items, exclusive membership savings and sale days, free shipping coupons, and cash redeemable at Tha1st.com!

    Of course, the longer you're with us, the more we pamper you! But don't be worried, newbies get wonderful perks too!

    When you have been subscribed to our membership purchase plan, you gain rewards!

    LOYALTY + REWARDS = Valued Customers!


    We Appreciate your Business
    Thank you for being our Most Loyal Clientele and Customers! 

    Rewards Members agree to pay a monthly membership fee of $14.51 to be entitled to purchase from Tha1st.com and membership user benefits and rewards. If a member fails to pay their membership fee, they will forego the rights to any membership benefits or rewards Tha1st.com offers monthly members. Members can call our customer service number and cancel at anytime. All members are subject to a 4 month commitment period to get their product at the offer price. You can cancel at any time after this period without losing any offers. However, if you cancel before the commitment period is over all orders placed within the 4 month period with our website will be charged at full price since our low prices are only for members. If you have canceled your monthly membership and want to become a member again we recommend calling our customer service line to get your previous loyalty time added to your new membership, or simply call to reopen your old membership. Members should also call when/ if they need to update, correct, or change payment and shipping information.

    All Rewards Information is subject to change at anytime based on the decisions of Tha First Organization Inc., more commonly known as Tha1st.com. Any additions or subtractions to/from subscribed member rewards is up to Tha1st.com and is subject to change at anytime. 

    SECTION 23  - CONTACT INFORMATION

    Questions about the Terms of Service should be sent to us at

    support@tha1st.com

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