Last Updated: March 21, 2021
These Terms govern how claims you and Thread Local 360, LLC have against each other can be brought and will require you to submit claims you have against Thread Local 360, LLC to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.
PRIVACY AND DATA RETENTION
Thread Local 360, LLC will retain your information as long as we deem it necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, Thread Local 360, LLC will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Thread Local 360, LLC reserves the right at all times to disclose any information as Thread Local 360, LLC deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
In order to use the Services, you must register an account with Thread Local 360, LLC directly or through an authorized third party service (each, a “TPS”) such as Google or Facebook. By enabling TPS access, you are allowing us to pass your log-in information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your Thread Local 360, LLC account.
Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS, and Thread Local 360, LLC shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services.
You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Thread Local 360, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.
Please see our Exchange Terms for more information on our Exchange Services.
Unless otherwise stated, credit offered to you in consideration for your items will be non-transferable unless otherwise stated, and available for shopping as soon as your account is updated. Alternatively, shopping credit offered to you in exchange for referrals, or other reasons will be non-transferable and only available for shopping from the department(s) specified by your membership.
At Thread Local 360, LLC’s discretion, any such credit remaining in your account upon cancellation of your membership will remain in your account for one year and then forfeited unless Thread Local 360, LLC is notified regarding the desire to gift the remaining credits to another current member of Thread Local 360, LLC of your choosing.
You may purchase Thread Local 360, LLC gift cards through the Services (“Gift Cards”) via the website or other methods offered. Your purchase, use, or acceptance of any Gift Card constitutes acceptance of the Gift Card Terms. The Gift Card Terms constitute a contractual agreement between you and the issuer and sole legal obligor of the Gift Cards.
Gift Cards can be redeemed solely for memberships and/or clothing and are not refundable or redeemable for cash except to the extent required by law. Risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or Thread Local 360 LLC delivery to the carrier, whichever is applicable. Thread Local 360 LLC is not responsible for lost or stolen Gift Cards, or for use without your or the recipient’s permission. Thread Local 360, LLC reserves the right to close accounts or request alternative forms of payment if a Gift Card is fraudulently obtained or used.
PURCHASES AND PRICING
Our inventory availability and listing prices are subject to change at any time without notice. In order to maximize the selection of items available for sale, Thread Local 360, LLC reserves the right, in its sole discretion, to limit the amount of time an item may remain on hold. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Thread Local 360, LLC reserves the right, at our sole discretion, to refuse or cancel any exchanges or sales of that item.
To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon, or similar incentive before its originally stated expiration date without notice and at our sole discretion. Please note that only one account per delivery address may be eligible for promotional codes and discounts, including, but not limited to new customers and first-time purchase promotions. Except as otherwise stated, all prices are quoted in U.S. Dollars and all promotions may be limited to U.S. customers.
Except as otherwise stated, the risk of loss for all products you exchange passes to you upon exchange.
For additional information on transactions and pricing, please email us.
RETURN AND REFUND POLICY
Members of Thread Local 360 LLC can exchange clothing that meets our exchange requirements as often as desired-- therefore items cannot be returned, they may be exchanged. This includes items purchased due to a lack of credits in your account. If the item is changed to no longer meet our requirements for exchange, Members may donate or keep said item. If you are less than satisfied, please contact Customer Service.
While we attempt to be as accurate as possible, Thread Local 360, LLC does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate. If a product offered by Thread Local 360, LLC is not as described, your sole remedy is to not elect to exchange your qualified clothing for it.
For additional information on our products, please contact Customer Support.
LOCAL LIFE AND THE BUYBACK GUARANTEE
LocalLife is Thread Local 360, LLC’s private clothing label designed with our mission to drive the cultural shift towards fashion circularity by incentivizing consumers to choose sustainable fashion options. If you choose to donate your gently used Local Life item(s) that you purchased new, you will receive a credit equal to 50% of your purchase price. Please note that eligible Local Life items must be returned in like-new, resellable condition, as determined by our merchandise evaluators. If you return a Local Life item that is damaged or exhibits signs of excessive wear and tear, then you understand the item will not meet our quality standards for this program. If you would like to donate the item to our affiliate Thread Local Charities, Thread Local 360, LLC will credit your account for the equivalent number of Local Life items you wish to donate.
For questions regarding Local Life and the Buyback Guarantee, please contact our Support Center.
ESTIMATED RETAIL PRICING FOR SECONDHAND ITEMS
The strikethrough price shown next to any listed item represents the estimated original retail price of a comparable item of the same quality, construction, and material offered elsewhere in new condition. While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. Our reference prices are set by a seasoned team of merchants who monitor market prices for the brands and styles that we offer. If the comparison price is an important factor in your decision, we recommend that you do your own comparison shopping as well and please bring it to our attention so we may follow-up.
Thread Local 360, LLC prohibits the sale or exchange of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. Thread Local 360, LLC’s authentication process is in-house and independent and if Thread Local 360, LLC cannot verify the authenticity of an item or it does not meet the authenticity standard, it will not be accepted regardless of its condition and Thread Local 360, LLC reserves the right to destroy apparel it deems to be counterfeit in accordance with applicable laws. Brands available for exchange or purchase are not partnered or affiliated with Thread Local 360, LLC in any manner unless otherwise stated. However, Thread Local 360, LLC fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of customers submitting counterfeit goods. Please see our Acceptance and Quality Standards for more information.
Please note that Thread Local 360, LLC is an independent exchange of like-new clothing and is not affiliated with or endorsed by any designer, manufacturer, retailer, or brand of the items that are listed through our Services unless otherwise stated. All third-party brand names and logos used in any commercial context by Thread Local 360, LLC are trademarks and/or registered trademarks of their respective holders. Any such appearance does not imply any affiliation with or endorsement of Thread Local 360, LLC.
ACCESS TO THE SERVICES
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Thread Local 360, LLC you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of Thread Local 360, LLC, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services (including the Software). Any rights not expressly granted herein are reserved by Thread Local 360, LLC.
THREAD LOCAL 360, LLC® is a registered trademark in the U.S. Patent and Trademark Office. These and any other Thread Local 360, LLC product or service names or slogans displayed through the Services are trademarks of Thread Local 360, LLC. You may not copy, imitate, or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Thread Local 360, LLC is the service mark, trademark and/or trade dress of Thread Local 360, LLC and you may not copy, imitate, or use it, in whole or in part, without our prior written consent. Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Thread Local 360, LLC and may not be used by you without permission. Any use of such marks, or any others displayed through the Services, will inure solely to the benefit of their respective owners.
Thread Local 360, LLC periodically publishes sweepstakes offers through email, social media or other channels. Each offer will contain the specific details for the sweepstakes offer and a link to our Sweepstakes Official Rules.
THREAD LOCAL 360, LLC INNER CIRCLE
The Thread Local 360, LLC Inner Circle is a rewards program offered by Thread Local 360, LLC where eligible customers are able to earn and accumulate points that can be claimed for rewards that can be used for certain benefits (“Rewards”).
Rewards may not be redeemed for cash. Each Reward may only be used one (1) time and may not be combined with other rewards, offers, or discounts.
Points are not valid for cash or cash equivalent and are not good for any previous purchase. Thread Local 360, LLC Inner Circle terms are subject to change without notice. All merchandise is subject to availability. Redeemable in the U.S. only. Other restrictions may apply.
FEEDBACK AND USER CONTENT
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness, and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.
By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. Thread Local 360, LLC reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us is non-confidential and shall become the sole property of Thread Local 360, LLC if Thread Local 360, LLC should choose to use the User Content. Thread Local 360, LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If Thread Local 360, LLC does include your User Content or any part thereof, you are deemed to have granted Thread Local 360, LLC a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.
The Website includes our #ThreadLocal360 page, located at www.ThreadLocal360, LLC.com/socialmedia, which pulls User Content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #ThreadLocal360, #joinsavechangetheworld, #ThreadLocal, #LocalLife, #InTheLoop, #getintheloop collectively, the “Thread Local 360, LLC Hashtags”), or tagging the @ThreadLocal360, LLC account. You acknowledge and agree that the User Content may be used by Thread Local 360, LLC, for marketing purposes, including without limitation, email, social media, direct mail, etc., or on any sites Thread Local 360, LLC owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after the termination of your Account or the Services.
You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify Thread Local 360, LLC, its shareholders, officers, and/or employees, and consultants for all claims and/or actions made or brought by a third party resulting from the Company’s use of your User Content.
You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Thread Local 360, LLC for all claims resulting from User Content you supply. Thread Local 360, LLC has the right but not the obligation to monitor and edit or remove any activity or User Content. Thread Local 360, LLC takes no responsibility and assumes no liability for any User Content posted by you or any third party. Thread Local 360, LLC, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without the requirement of any notice to you.
Thread Local 360, LLC reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. Thread Local 360, LLC, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor, or prohibit the transmission or receipt of any Information which Thread Local 360, LLC, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by Thread Local 360, LLC. Use of the Website or mobile app by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.
By creating an account, you agree that you may receive communications from Thread Local 360, LLC, including, but not limited to, newsletters, promotions, special offers, account reminders, and updates.
When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting Customer Service.
RIGHT TO ACCESS
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. For example, Thread Local 360, LLC does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with the involvement of a parent or guardian. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use, or register for an account. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE.
With respect to your use of the Services and Website, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance, or regulation;
interfere with or disrupt the Services;
post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, or illegal;
use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information;
“frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
link directly or indirectly to any other websites;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
cause any third party to engage in the restricted activities above;
use the Website and Services for any unlawful purposes;
sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section “Communications and Other Content”];
adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor, and/or merchant;
use any meta tags or any other “hidden text” utilizing Thread Local 360, LLC name or trademarks or any third party’s name or trademarks without the express written consent of Thread Local 360, LLC or the applicable third party.
publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
collude against another person in restraint of trade and competition;
create a hyperlink to the Website, or any page of the Website, without Thread Local 360, LLC’s express written consent; or
imply affiliation with or endorsement or sponsorship by Thread Local 360, LLC, or cause confusion, mistake, or deception in connection therewith.
PROP 65 NOTICE TO CALIFORNIA RESIDENTS
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits, Further information regarding California Proposition 65 may be obtained online by visiting www.p65warnings.ca.gov.
Pursuant to California Civil Code Section 1789.3, Thread Local 360, LLC provides users of the Store, Website, or App with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
SUPPLY CHAIN TRANSPARENCY
The California Supply Chains Act of 2010 (SB-657) requires certain retailers and other businesses doing business in California to disclose to the public their efforts, if any, to ensure that the goods they sell are not made by workers who are enslaved or otherwise forced into service, or who have been the victims of human trafficking. Thread Local 360, LLC does not condone or intentionally support human trafficking, slavery, or any other form of forced labor.
Thread Local 360, LLC requires its professional suppliers to adhere to labor and workplace standards that include employment of workers above the minimum working age who freely choose to work and who are regularly, and legally compensated. We also require our professional suppliers to warrant that any products sent to Thread Local 360, LLC were made in compliance with all applicable laws, including laws prohibiting child labor, forced labor, and unsafe working conditions.
Thread Local 360, LLC maintains internal accountability standards for employees and contractors, and we will not tolerate slavery, human trafficking, or any violation of human rights by either. Thread Local 360, LLC does not currently provide any specific training for its personnel responsible for supply chain management with respect to human trafficking and slavery and methods for mitigating risks. However, Thread Local 360, LLC reviews all of its policies and procedures, including training practices, on a regular basis and will continue to consider the appropriateness of expanding its training offerings.
RELEASE AND INDEMNITY
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Thread Local 360, LLC and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Thread Local 360, LLC, the “Thread Local 360, LLC Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your misuse of the Services; (b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify the Thread Local 360, LLC Parties of any third party claims, cooperate with the Thread Local 360, LLC Parties in defending such claims and pay all fees, costs [including non statutory costs], and expenses associated with defending such claims (including but not limited to attorney's fees). You further agree that the Thread Local 360, LLC Parties shall have control of the defense or settlement of any third-party claims.
LIMITATION OF LIABILITY AND DISCLAIMER
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THREAD LOCAL 360, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THREAD LOCAL 360, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THREAD LOCAL 360, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. THREAD LOCAL 360, LLC DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THREAD LOCAL 360, LLC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THREAD LOCAL 360, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THREAD LOCAL 360, LLC IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITATIONS AND EXCLUSIONS ARE ENFORCEABLE UNDER NEW JERSEY LAW.
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms. YOU AGREE THAT THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND/OR REPRESENTATIVES, SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.
DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
INFORMAL DISPUTE RESOLUTION
In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by contacting our Support Center.
If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action, or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
to Thread Local 360, LLC at:
Thread Local 360, LLC
Attention: Legal Department
4809 Bristol Circle
Williamsburg, VA 23185
to you at your last-used billing address or the billing and/or shipping address in your online profile.
You agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiate any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and Thread Local 360, LLC expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Thread Local 360, LLC will provide such notice by email to your email address on file with Thread Local 360, LLC and you must provide such notice by email to firstname.lastname@example.org. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Dispute. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Where the relief sought is $10,000 or less, the parties agree that the arbitration will be conducted by FairClaims (www.fairclaims.com) in accordance with their applicable arbitration rules & procedures effective at the time a claim is made. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. To begin an arbitration proceeding with FairClaims, you must follow the steps outlined by FairClaims.
Where the relief sought is $10,001 or more, the parties agree that resolution shall be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To begin an arbitration proceeding with JAMS, you must send a letter requesting arbitration and describing your claim to: Thread Local 360, LLC Inc. Thread Local 360, LLC, Attention: Legal Department, 4809 Bristol Circle, Williamsburg, VA 23185.
JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If permitted by JAMS, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed to location. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
All aspects of any arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS
All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect any other Dispute. You and Thread Local 360, LLC agree that each may bring claims against the other in arbitration only in your or their respective individual capacities, and in so doing you and Thread Local 360, LLC hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Thread Local 360, LLC. You agree that Thread Local 360, LLC, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. Thread Local 360, LLC may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Thread Local 360, LLC may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that Thread Local 360, LLC shall not be liable to you or any third party for any termination of your access to the Services.
Thread Local 360, LLC may terminate these Terms immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms (Thread Local 360, LLC, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which Thread Local 360, LLC may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to Thread Local 360, LLC.
Thread Local 360, LLC reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. Thread Local 360, LLC may also add, withdraw or modify Services or Information within the Website at any time at its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day Thread Local 360, LLC places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.
These Terms shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by Thread Local 360, LLC, in our sole discretion.
Except as explicitly stated otherwise, any notices to Thread Local 360, LLC shall be given by certified mail, postage prepaid, and return receipt requested to: Thread Local 360, LLC, 4809 Bristol Circle, Williamsburg, VA 23185.
Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to Thread Local 360, LLC during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern, whether such other documents are prior to or subsequent to these Terms, or are signed or acknowledged by any member of the Company parties.
If Thread Local 360, LLC takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including the collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, Thread Local 360, LLC shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney’s fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.
To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.
If you have questions about these Terms or the Services, please contact us.
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