Terms of service
OVERVIEW
This website is operated by Thinktanks Booths Inc (“Thinktanks,” “we”, “our”, and “us”). Thinktanks 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.
Effective as of February 12th, 2020, 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. Refusal to agree to and accept all the Terms will result in inability to use Thinktanks products and services (the “Services”). These Terms include the provisions in this document. 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.
If you have any questions or concerns regarding these terms or the Services, please contact us at info@trythinktanks.com.
1. AUTHORIZATION AND AGREEMENT
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2. SERVICES
We will use our commercially reasonable efforts to deliver the Unit(s) to the address you specified when you placed your order (“Premise”).. The exact location of the Units (“Site”) will be determined and prepared for Unit(s) delivery, by the customer, before the scheduled delivery.
Once you’ve placed your order, Thinktanks will send you a confirmation email and begin production of your booths once payment has been received. We will provide updates when your order has left our factory and will be delivered to our local delivery partner. Once received, Thinktanks’ delivery partners will reach out to schedule delivery of your order.
Our Standard Shipping and Assembly/Installation prices apply to the "Standard Delivery." “Standard Delivery” must be conducted within normal business hours (Mon-Fri, 9 am-5 pm local time). We must be notified in advance of any stair carry which will be subject to an additional charge. If use of a freight elevator is required for delivery, the interior of the freight elevator must be bigger than the minimum required dimensions of W 60" x D 48" x H 80", or W 152 cm x D 122 cm x H 203 cm. The Premise should not require the use of Union labor to qualify as “Standard Delivery.” Deviation from “Standard Delivery” will result in additional fees. If the Premise, the Site, and the delivery hour does not meet the "Standard Delivery" condition, you must notify Thinktanks before the purchase is final and receive a customized quote corresponding to the delivery condition. Deviations from the "Standard Delivery" or any changes of the delivery parameter must be notified to Thinktanks prior to the estimated actual ship date as provided by Thinktanks. Failure to notify Thinktanks about the non “Standard Delivery" condition within the specified period will result in charges to you for all associated costs. In case of cancellation, you will bear any cost incurred related to the cancellation. Charges may include but are not limited to the restocking fee, storage fee, moving fee, disassembly fee, and reassembly fee.
Prior to scheduling a delivery you must provide information or documentation required for entry to the Premises, including but not limited to NDAs, Certificate of Insurance, health and security documentation and procedures, and a primary and a secondary point of contact who can provide access to the Site upon the arrival of the Unit(s). Once a delivery, revisit, or repair has been scheduled, Thinktanks or its service partner must be notified of any changes in writing at least two (2) business days in advance of the previously agreed-upon date and time window. Changes made within two (2) business days of the previously agreed-upon date and time window may result in a failed delivery. Persons designated as the point of contact must be available throughout the duration of the delivery and assembly. Thinktanks will consider the delivery failed if access to the Premise or the Site is not provided within 30 minutes of the Unit(s) arrival, if the Unit(s) have arrived during the previously agreed-upon time window. If the Premise or the Site is not ready to receive the delivery on the previously agreed upon date and time, or proper documentation has not been provided, the delivery will be considered failed. In the case of a failed delivery, Thinktanks will charge all costs associated back to you, including but not limited to the restocking fee, shipping fee, and warehousing fee, in addition to the original Shipping and Assembly fee.
You must validate that the Site is ready for delivery, assembly, or repairs, including but not limited to a clear delivery path, finished flooring, and active compatible power supply within the length of Thinktanks-provided power cable(s). If applicable, based on product type or code, ethernet ports, strobe conduit, sprinkler system piping, and inspector verification of placement and local code requirements should be coordinated by the customer before the arrival of the Unit(s). The Site must be spacious enough to accommodate both Unit dimensions and the assembly. For Booth(s), the Site must be bigger than W 49” x D 81” x H 101”, or W 124 cm x D 206 cm x H 257 cm. For Thinktanks(s), the Site must be bigger than W 95” x D 85” x H 104” or W 241 cm x D 216 cm x H 264 cm.
You will confirm the placement and scope of work related to the Unit(s), including but not limited to the installation of additional cables or accessories, before the assembly or the move begins. Once you confirm the placement and scope of work, the Unit(s) and the scope of work can no longer be adjusted without additional cost to you.
You may use our moving services for a fee, whether moving the Unit(s) within your current location or to another location. Unit(s) moved by Thinktanks will continue to be covered by our Warranty, whereas Unit(s) moved by you or your contracted personnel without the utilization of Thinkanks Universal Wheels set will no longer be covered by the Standard Warranty. We do not provide any services related to sprinkler installation or seismic anchorage, including the modification of the Unit(s). You will, at your cost, disconnect from building systems, remove, reinstall, and reconnect such devices if it is deemed necessary by Thinktanks for the repair service. Unit(s) modified for any reason will void the Warranty.
You understand and agree that Thinktanks may use third-party service providers to accomplish any of the services mentioned herein, including but not limited to shipping, delivery, assembly, or moving of your order. You understand and agree that Thinktanks is not responsible for any errors by such third-party service providers.
You agree that delivery of the Unit(s), including the transfer of title and risk of loss to you, will occur at the time your Unit(s) is/are loaded onto transport at Thinktanks’s manufacturing and/or third party logistics partner (i.e., FCA shipping point).
3. RETURNS AND REFUNDS
Returns are not offered on orders that arrive late due to shipping delays.
All Returns will be subject to a 50% restocking fee. 50% refers to 50% of the original order cost. For example a booth ordered for $10,000 is subject to a $5,000 restocking fee.
For any refund, the buyer must handle and pay for all shipping back to our factory. The unit must be in its original packaging. Nothing inside the crate may be opened.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a 50% item credit will automatically be applied to your credit card or original method of payment, within 45 days. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
4. USAGE AND RESTRICTIONS
Your use of the Services and Unit(s) is/are subject to the following additional restrictions:
You represent, warrant, and agree that you will not use or interact with the Services or the Unit(s) in a manner that:
- Violates, or encourages any conduct that would violate, any law or regulation or would give rise to civil liability, including, without limitation, any applicable export control laws;
- Uses, displays, mirrors or frames the Services or the Unit(s) or any individual element within the Services or the Unit(s), Thinktanks’s name, any Thinktanks trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Thinktanks’s express written consent;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Uses the Services or the Unit(s), or any portion thereof in any manner not permitted by these Terms; or
- Impersonates or misrepresents your affiliation with any person or entity.
You also agree to use any Thinktanks Unit(s) that you purchase in accordance with the guidelines and requirements for the use of such products that are provided to you with such products.
5. DISPUTE AND COMPLIANCE
You are responsible for your use of your purchased Unit(s), and you represent and warrant you have all rights necessary to do so, in the manner in which you do so. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Unit(s).
You are responsible for compliant installation to all codes and for due diligence of the code requirements pertaining to the local jurisdiction. Thinktanks is not responsible for any cost incurred post-sales due to the building code and other compliance requirements. In addition, Thinktanks will not provide any services related to permitting or code compliance outside of the certifications provided with the product purchase.
If there is a dispute between users of the Services or the Unit(s) and any third party with respect to the third party’s products and services or the Unit(s), you agree to hold Thinktanks harmless from damages arising from or related to that dispute and that Thinktanks is under no obligation to become involved. In the event that you have a dispute with one or more other third parties and/or users, you release Thinktanks, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services or the Unit(s). If you are a California resident, by using the Thinktanks Unit(s) you hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
6. PAYMENTS
Payment for all orders is due dependent on the payment terms specified. Failure to make payments will result in delivery delays or suspending shipment of Unit(s) or Service.
You expressly authorize Thinktanks (or our third party payment processor (the “Payment Processor”)) to bill you, through a payment account linked to your account, (your “Billing Account”) for your purchase of the Unit(s) and/or use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By choosing to use electronic payment, you agree to pay us, through the Payment Processor, all charges at the prices then in effect, as posted or otherwise communicated to you, for any use of such Paid Services in accordance with the applicable payment terms. You authorize Thinktanks, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. Thinktanks reserves the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If Thinktanks, through the Payment Processor, does not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
7. WEBSITE
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
8. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Thinktanks Office Phone Booth, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Thinktanks Office Phone Booth and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
10. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
11. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
12. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
13. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Carolina, United States.
14. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
15. SMS TERMS OF SERVICE
By opting into SMS notifications via our website, web form, or other medium, you consent to receive text messages from Thinktanks Booths Inc. (“Thinktanks”) regarding:
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Order updates and delivery alerts
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Customer care communications
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Appointment reminders
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Promotional offers and marketing messages
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Account notifications and service updates
Message frequency may vary. Message and data rates may apply.
You may opt out at any time by replying STOP.
For assistance, reply HELP or visit https://thinktanks.io.
See our Privacy Policy for how we handle your data.
These terms are subject to and incorporated by reference into our Terms of Service.