Terms of Sale

Last Updated: December 19, 2024

PLEASE READ THIS TERMS OF SALE AGREEMENT (THE “AGREEMENT”) AND THE TERMS OF SERVICE CAREFULLY. BY MAKING A PURCHASE OF PRODUCT(S) WE SELL ON THE SITE, OR IN ANY OTHER PHYSICAL RETAIL LOCATION (“PRODUCTS”) OR ACCESSING OR USING THIS WEBSITE, THIMBLEHEALTH.COM, OR ANY OTHER WEBSITES OF ACHELON, INC. (“THIMBLE™,” THE “COMPANY,” THE “WEBSITE”, THE “SITE”, “US” OR “WE” OR “OUR”), ITS AFFILIATES OR AGENTS WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “SITE” ) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY US, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (3) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE AND THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE AND THE AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

FOR ANY PURCHASES MADE AT ANY THIMBLE™ PHYSICAL RETAIL LOCATION, YOU MAY REQUEST A COPY OF YOUR SIGNED AGREEMENT WITH THIMBLE™ BY CONTACTING TEAM@THIMBLEHEALTH.COM.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Additional Terms of Sale

You agree that additional Terms of Sale may apply to specific products or orders, including but not limited to ordering, shipping and return policies, membership reward programs and other terms and conditions and policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer service (“Additional Terms of Sale”), which Additional Terms of Sale are made part of these Terms of Sale by reference. If there is a conflict between these Terms of Sale and the Additional Terms of Sale, the Additional Terms of Sale shall control.

You agree that your order is an offer to buy, under these Terms of Sale, all Products and Services listed in your order. Availability of Products and Services cannot be guaranteed. Products, Services, and other information provided are subject to change without notice. Items depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any errors or omissions. All orders must be accepted by us, or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. If you are using the Services or the Website and you do not wish for your Account to renew automatically, please contact Customer Support at team@thimblehealth.com or log into your Account. Your cancellation will take effect starting at the end of your current billing period. 

As part of our order processing procedures, we may screen received 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 at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any Accounts 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.

2. Updates to Terms of Agreement

IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. WE MAY REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THIS SITE OR THE SERVICES. PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. Thimble™ may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Updated” date at the top of the Agreement. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. We may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.

3. Purchasing Products

ALL PURCHASES OF PRODUCTS (WHETHER THROUGH THE SITE OR ANY PHYSICAL RETAIL LOCATION) ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY, AND YOU AGREE NOT TO RESELL PRODUCTS. THE SALE OR LINKING OF OUR PRODUCTS ON OR TO ANY THIRD PARTY E-COMMERCE SITE, MARKETPLACE OR MOBILE APPLICATION WITHOUT OUR SPECIFIC WRITTEN CONSENT IS EXPRESSLY PROHIBITED. 

Certain Products available on our Site may be available exclusively online through the Site, and may be limited in quantity. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products are subject to Site without notice, and our current prices can be found on the Site. 

We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. 

The inclusion of any Products on the Site at a particular time does not imply or warrant that these products or services will be available at any time. 

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner. 

We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor, cancel or impose conditions or limitations on the honoring of, any coupon, coupon code, promotional code, referral credit or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any Product. 

All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product made on this Site is void where prohibited.

4. Payment and Pricing

If you wish to purchase any Product or Service made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your debit or credit card number, the expiration date of your debit or credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any debit or credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Thimble™ the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All prices posted on the Website and/or Services are subject to change without notice and may vary by your location. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases or decreases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your checkout total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the Thimble™ Products ordered will be used only in a lawful manner. Thimble™ reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

5. Pricing Adjustments

We reserve the right to adjust prices in our sole discretion, at any time and without notice to you. All prices shown on the Website are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Website. Thimble™ will not be able to notify you of changes in any applicable taxes. The shipment of the Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your order in accordance with these Terms of Sale.

6. Payment

You agree that by placing an order on the Website, you are entering into a binding contract with Thimble™ and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You agree to pay for all orders made from your account in accordance with the prices and billing Terms of Sale in effect at the time an order is made from your account. You also agree to pay all applicable taxes. To make an order from your account, you must provide valid payment information (e.g. credit card, debit card) through the Website. By placing an order through your account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) Thimble™ to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, (3) Thimble™ to share payment information and instructions required to complete the payment transactions between Thimble™, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) that no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your account in the event of any change in your payment information. Thimble™ reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a Product, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Thimble™ reserves the right to collect any outstanding payment due, and may transfer the collection of your outstanding balance to a third party collection agency.

7. Delivery

Products purchased from our Website may be shipped by a third party carrier. As a result, title and risk of loss for such Products shipped by a third party will pass to you upon our delivery to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

8. Receipt of the Materials

Please note that you are responsible for reviewing the Products upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your Products are delivered, the Products will be left at your door or in a common area. Any individual at the delivery address who accepts a delivery from Thimble™ is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same Terms of Sale that would apply had you accepted the delivery yourself. All items are solely at your risk from the time of delivery. 

9. Force Majeure

We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that are caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these Terms of Sale is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Sale may be performed despite the Force Majeure Event.

10. Return and Refund Policy

In the event that you are unhappy with any part of your Products, or a specific Product, you can reach out to us at team@thimblehealth.com. Please do so within thirty (30) days of the date you received the unsatisfactory item. We reserve the right to require either the return of the Product(s), or a photograph of such, before any partial/full refund or credit will be issued.  

Once processed, you will receive a refund or replacement of your Product within thirty (30) days of purchase with shipping included. A confirmation email for your refund will be sent to you. If you still have not received your refund after five (5) business days of such confirmation, we advise contacting your bank.

11. Canceling an Existing Order

To cancel an existing order, please reach out to our team at team@thimblehealth.com.

12. Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Thimble™ makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

13. Billing Errors

If you believe that you have been billed in error, please reach out to team@thimblehealth.com. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Thimble™ from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Thimble™ within thirty (30) days of its appearance on your credit card account statement.

14. Your Representatives

You represent that you are at least eighteen (18) years of age and that you will not permit a person under eighteen (18) to order Products from our Website. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a re-seller, of the Product. You are not permitted to re-sell, re-distribute or export any Product that you order from the Website.

You agree to pay for the Product and any taxes, shipping or handling of Products as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).

15. Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

16. Termination

We reserve the right to terminate your Account should we believe that you have violated any of the Terms of Sale or if we believe you have sought, in bad faith, chargebacks, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.

17. Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

18. Sales Tax

If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Website.

19. Terms and Conditions of Sale

Products by Thimble™ are not labeled for resale, and are intended for the personal use of the Customer only. Commercial resale of Thimble™ Products is strictly forbidden. The Customer hereby acknowledges and agrees that he or she is purchasing the Product for personal use or for gifting purposes only, and not purchasing the Product with intent to resell the Product. The Customer agrees that he or she will not use Thimble™ as a drop shipper and that he or she will not enter order and shipment details on the Thimble™ website such that Thimble™ ships Products to his or her customers. These Terms of Sale supersede all terms and conditions contained in any other documentation related to the terms and conditions of sale of Thimble™ Products. Thimble™ may, in its sole discretion, remove Products from the Website, add Products to the Website, and/or make modifications to the Products on the Website so long as such modifications do not adversely affect the quality and functionality of the Products in any material respect. 

20. Separate Agreements

You may have other agreements with Thimble™. Those agreements are separate and in addition to these Terms of Sale. These Terms of Sale do not modify, revise or amend the terms of any other agreements you may have with Thimble™.