TERMS OF USE

1. ACCEPTING THESE TERMS

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

These Terms are a legally binding agreement between you, as a user of our Services, and Thread Collective Inc., including our proprietary and licensed brands, Matix Clothing, divisions, parents, subsidiaries, and affiliates (together, “Thread Collective Inc”). These Terms generally apply to all interactions between you and Thread Collective, whether on our website, https://www.ThreadCollective.com and https://www.threadc.com, e-commerce platforms, or via our social media accounts, including Twitter, Instagram, Snapchat, Facebook, YouTube, Pinterest, and our partners, affiliates, and related entities (we’ll refer to all of these collectively as our “Services”). When you use specific Services, certain additional terms may apply. Plus, you may refer to our Return and Exchange Policy for specific information on this topic.

These Terms apply whenever you accept them, such as by clicking that you accept, when creating an account, or when navigating our Services. If you don’t agree with these Terms, you should stop using our Services. If you agree, please read on!

If you have any question on these Terms, you can reach out to us by email at legal@threadc.com or by mail at:

Please note that the section called Resolving disputes and issues with Thread Collective contains an arbitration clause and class action waiver and, as such, is not applicable in Quebec. By agreeing to the Terms, you agree to resolve any disputes through individual arbitration. In other words, you waive the right to submit such disputes to a judge or jury, or to participate in a class action, class arbitration, or representative action. In some jurisdictions, for instance, in Quebec, you may have additional rights and/or the preceding may not apply to you.

2. YOUR PRIVACY

Our Privacy Policy details how your information is handled when you use our Services.

We are not responsible for the privacy, confidentiality, data security, availability, accuracy, or any other practices of any third parties, and we disclaim any and all responsibility for them and their practices. Your use of such third-party devices and applications including browsers and social media apps is at your sole risk and expense.

3. YOUR ACCOUNT WITH THREAD COLLECTIVE

To access certain features of our Services, you may need to create an account with Thread Collective or through your social networking service provider. Here are some rules regarding your account with Thread Collective:

• Your age. You must be at least 16 years old to use our Services (or such other older minimum age of requirement as may be applicable in your jurisdiction). You represent and warrant that you are at least 16 years old, or if you are between 13 and 16 years old, that you have obtained a parental consent for the use of our Services.
• Be honest. We ask that you provide accurate information about yourself. You can’t use false information or impersonate another person or company through your account. You agree not to create an account using a third party’s identity without their informed consent or permission or provide false age, payment information, shipping information or on behalf of someone other than yourself. We may suspend or terminate your account and refuse all current or future use of Thread Collective IP (see the definition in the section Your use of our Services), or bar any individual from purchasing products or using the product return process.
• One account at a time. You agree that you shall not have more than one account at any given time.
• Responsibility for your account. You’re solely responsible for any activity on your account. You agree not to share your account or password with anyone. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
• Protect your password. You need to keep your account password secure, as you’re solely responsible for any activity on your account. You agree to notify Thread Collective immediately of any unauthorized use of your password or any other breach of security.
• Glitches can happen. Though we do our best to make your experience go smooth, our Services may be subject to limitations, delays, delivery or technical failures, and other problems inherent in the use of the Internet, electronic communications or otherwise. As such, we’re not responsible for any delays, delivery or technical failures, or other problems, including economic damages or losses that may result from them.
• Our relationship. We may change, withdraw, or discontinue the Services or any portions of such Services at any time and at our sole discretion. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Thread Collective.

4. YOUR SUBMISSIONS

We strive to create an interactive relationship with the users of our websites and Services. Submissions that you post using our Services are your submissions (so let’s call them your “Submissions”). We don’t make any claim to your Submissions, which include anything you post a) when you use our Services (like manually entered comments, feedback, suggestions, ideas, usernames and other submissions on our to our Services), b) if you send, distribute, share or post your Submissions on any page or site hosted, managed or controlled by Thread Collective, or c) when you communicate with Thread Collective via email, a comment form Twitter or on Instagram, Amazon, Tumblr, or another online service, including by tagging Thread Collective with the @ or # symbol or in any other recognizable manner.

• Responsibility for your Submissions. You understand that you’re solely responsible for your Submissions. You represent that you have all rights or permissions in your Submissions and that you’re not infringing or violating any rights of any third party by posting them.

• Ownership of your Submissions. By posting your Submissions through our Services, you transfer us ownership on such Submissions so we can use them for marketing purposes, to the extent permitted by applicable law. You also waive any moral rights you may have in such Submissions.

• Reporting unauthorized content. If you believe that a user has violated these Terms, it is not your responsibility to call them out on it publicly; instead, please contact us. Thread Collective shall have the sole right (but not the obligation) and sole discretion to delete, refuse and/or move any Submission and/or block access by the public to any Submission that violates the Terms or is otherwise deemed objectionable for any reason in Thread Collective’s sole discretion, while maintaining copies of said Submission for archival and legal purposes.

• Inappropriate, false, or misleading content. This should be obvious, but there are certain types of content you can’t post on Thread Collective’s Services (for legal reasons or otherwise). You agree not to post any content that is defamatory, libelous, obscene, pornographic, abusive, threatening, harassing, vulgar, or otherwise offensive or infringing or any part of our Terms or of third-party privacy, moral rights, trademarks, or other intellectual property rights, or which violates any regulation or law, or which is deemed by Thread Collective in its sole discretion to be advertising or “spam” or otherwise violates this section. You also agree not to post any false or misleading information or use the Services in a fraudulent or deceptive manner.

• No pre-screening. Although we try to maintain a safe environment on our social media platforms and the Services, we are not responsible for the posts of any user and disclaim all liability for such posts. You acknowledge that we are not obligated to pre-screen user submissions (including your Submissions) and may not review user submissions (including your Submissions) for purposes of compliance with the Terms or any other policy or otherwise. Furthermore, Thread Collective shall be under no obligation to a) maintain in confidence any of your Submissions that you shared publicly; b) pay to users, including you, any compensation for any Submissions; or c) respond to any user Submissions.

This may seem like a lot, but we need these rules to help Thread Collective function and grow. For example, if you upload a photo or video of a product you ordered from Thread Collective, we have permission to display it to customers, and we can modify or resize it so it looks appealing to a customer using our Services; if you write a comment or a review in English, we can translate it into French so a customer in Montréal can learn the story behind your purchase; and if you post a picture of your latest purchase, we can feature it on our homepage or in one of our blogs to help promote Thread Collective.

5. YOUR USE OF OUR SERVICES

The content and information available through our Services and included in our shipped products, including but not limited to any future release, update, or later-created Content (collectively “Thread Collective IP”) are protected by copyright laws throughout the world.

Limited license to use our Services. We grant you limited rights to use our Services, subject to the Terms and the following restrictions:

• Don’t use our Services illegally. You agree not to violate any laws in connection with your use of the Services. This includes all local, provincial, state, federal, and international laws applicable to you. And you agree not to engage in any fraudulent activity (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any crime or unlawful acts against Thread Collective, another user of our Services, or a third party.
• Don’t harm or try to harm our systems or overload our networks. You agree not to interfere with or attempt to disrupt our Services, for example, by distributing a virus or other malicious computer code. You agree not to engage in or assist any other in taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or involves use of automated means to compile information.
• Don’t bypass or try to bypass our access restrictions. You agree not to access aspects, elements, or parts of the Services to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of the Services. Any unauthorized use by or for you of Thread Collective IP will automatically and immediately terminate the limited license granted to you by Thread Collective pursuant to the Terms without further notice or action on our part.
• Don’t use hidden text. You agree not to use any metatags, keywords, advertisement tags or other “hidden text” using Thread Collective’s name, trademarks or other intellectual property for any commercial purpose.
• Don’t steal our content or third-party content. You agree not to license, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host or otherwise commercially use Thread Collective IP or any third-party intellectual property without advance written permission which may be withheld for any reason or no reason. Also, you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Thread Collective IP except to the extent the foregoing restrictions are expressly prohibited by applicable law. You will not crawl, scrape, or spider any page of the Services or try to reverse engineer or attempt to obtain the source code of the Services (except that we grant the operators of public search engines revocable limited permission to use spiders to copy materials from our Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).
• Your interactions with others. You may use our Services to interact with other users, either online or in person. However, you understand that we don’t screen users of our Services, and you release us from any liability related to your interactions with other users. Please use caution and good judgment in all interactions with others, especially when meeting someone in person.
• Third-party services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service to use some of our Services. When you access these third-party services, you do it at your own risks. The third parties may require you to accept their own terms of use. Thread Collective is not a party to those agreements; they are solely between you and the third party.
• Gift cards and promotions. In the event we offer any gift card program or other promotions, you acknowledge that Thread Collective does not make any warranties with respect to your gift card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a gift card or gift card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your gift card if your gift card or gift card code has been reported lost or stolen, or if we believe your gift card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your gift card code stops working, your only remedy is for us to issue you a replacement gift card code.

6. TERMINATION

Termination by you. We'd hate it if you left, but you can terminate your account with us at any time from your account settings, or if you don’t have an account, by stopping to use our Services. But you’d still have to pay any outstanding invoices.

Suspension or termination by Thread Collective. We may suspend or terminate your account (and any accounts Thread Collective determines are related to your account) and your access to the Services if we have grounds to believe you, your Submissions, or your use of the Services violate these Terms. If we do so, you understand that you’ll no longer have a contractual or legal right to use our Services. Typically, we’ll notify you if your account has been terminated or suspended, unless you’ve breached our Terms repeatedly or there is a legal or regulatory reason why we can’t notify you.

If you or Thread Collective terminate your account, you may lose any information associated with your account, including your Submissions.

We may discontinue the Services. Thread Collective reserves the right to change, suspend, or discontinue any of the Services for you, any user or all users, at any time and for any reason. We will not be liable for the effect that any changes to the Services may have on you, including your earnings or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after termination of access to or use of the Services.

The following section 7 is not applicable in Quebec.

7. THE THINGS YOU CAN’T SUE US FOR (WARRANTIES AND LIMITATION OF LIABILITY)

Warranties. We’re keen on offering the best possible Services, but sometimes things can go wrong. You acknowledge that our Services are provided “as is” and without any kind of warranty (express or implied). We expressly disclaim any warranties of title, non-infringement, accuracy, completeness, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade. We do not guarantee that a) the Services will be secure or available at any particular time, or location; b) any defects or errors will be corrected; c) the Services will be free of viruses or other harmful materials; or d) the results of using the Services will meet your expectations. You use the services solely at your own risk. Some jurisdictions, like the province of Quebec, do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability limits. To the fullest extent permitted by law, neither Thread Collective, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Thread Collective’s aggregate liability for any damages exceed the amount you paid Thread Collective up to $USD 50, except as otherwise provided in our Return and Exchange Policy. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Fair and reasonable disclaimers. You agree that all the terms of this section, including all disclaimers, exclusions of Thread Collective liability and alternative cap on Thread Collective liability, are fair and reasonable as a condition for your use of our Services(including your purchase/ordering of any products sold via the Thread Collective website).

Content you access. While using our Services, you may see content that you find offensive or inappropriate. We make no representations about the content posted by users via our Services. Thread Collective is not responsible for the decency, accuracy, copyright compliance, or legality of any user-published content that you access through the Services. You release us from all liability in this regard.

The following section 8 is not applicable in Quebec.

8. WHAT HAPPENS IF YOU GET US SUED (INDEMNIFICATION)?

Subject to applicable law, we don’t want this to happen, but if Thread Collective gets sued because of something you did, you agree to indemnify and hold us harmless. That means you’ll indemnify Thread Collective (including any of our strategic partners, and any of our predecessors and successors in interests, as well as our owners, directors, officers, shareholders, agents, and licensors) and hold us harmless from any legal claim or demand (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, any activity of yours related to your account (including, but not limited to, criminal, negligent or wrongful conduct or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense as we see fit, including by entering into settlement or compromise agreements, even if you are indemnifying us, in which case you agree to cooperate so we can execute our strategy.

The following section 9 is not applicable in Quebec.

9. RESOLVING DISPUTES AND ISSUES WITH THREAD COLLECTIVE

If you’re upset with us or have a problem with our Services, let us know by visiting our Customer Support page and submit a Help Desk request or refund query. But if we can’t, then these rules will govern any legal dispute (except for Quebec residents) involving our Services:

• Governing Law. The Terms are governed by the laws of the province of Quebec, Canada without regard to its conflict of laws rules. These laws will apply no matter where in the world you live.

The terms below are not applicable in Quebec, Canada, and in other jurisdictions in which applicable laws do not allow us to make arbitration mandatory. For instance, if you are a resident of Quebec, you may intend an action in this jurisdiction.

• Arbitration. You and Thread Collective agree that any dispute or claim arising from or relating to the Terms that cannot be settled through informal negotiation will be resolved exclusively by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You agree that we may seek any interim or preliminary relief from a court of competent jurisdiction in Miami, Florida in any manner that we believe is necessary to protect our rights or property pending the completion of arbitration. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Rules. If such costs are determined by the arbitrator to be excessive, Thread Collective will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
• Individual basis. Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Thread Collective are each waiving the right to trial by jury or to participate in a class action lawsuit. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or
• Modifications. If we make any changes to this “Resolving disputes and issues” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Thread Collective prior to the date the changes became effective. Thread Collective will notify you of substantive changes to this section at least 30 days prior to the date the change will become effective. If you do not agree to the modified Terms, you may send Thread Collective a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Thread Collective in accordance with the provisions of this section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

10. RESOLVING INTELLECTUAL PROPERTY DISPUTES

At Thread Collective, we respect the intellectual property of others, and ask all of our users to do the same. If you believe that a work in which you own the copyright has been copied and is accessible on our Services, please provide our Copyright Agent (as set forth below) with notification containing the following information required by law:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
• Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Services;
• Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
• A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

Please send this notification to our copyright agent at:

IPAgent@ThreadCollective.com

11. CHANGES TO THE TERMS

We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by providing you with a 30-day written notice before making such changes, so that you have an opportunity to review them. We’ll also update the “Latest Update” date at the top of this page. That way you can decide whether you want to continue using the Services. If you don’t agree to the changes, you can reach out to us to let us know, and we’ll work together to find a solution. If we don’t find a solution, you will be required to stop using our Services, but our latest changes will not apply to our past relationship. Changes will be effective for the future upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Otherwise, your use of the Services following the changes constitutes your acceptance of the updated Terms.

12. GENERAL STUFF

The Terms supersede any other agreement between you and Thread Collective regarding the Services, the content and the products sold via our websites or any other of our platforms. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary to keep the Terms otherwise in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to subsequently enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. You may also be subject to additional terms and conditions that may apply when you use third-party software to access our Services.