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Terms and Conditions of Use

Effective Date: November 11, 2014

Welcome to ThreadLab! The services (the "Services") on this Site are offered to you ("you," "your," or a "user") by ThreadLab, Inc. ("Threadlab", "us", "we", or "our"), who maintains this Site as a service to the user community that visits the Site. ThreadLab appreciates your interest in the products (the "Products") that we offer in connection with the Services on our Site.

These Terms and Conditions of Use (the "Term and Conditions") govern your access and use of the website at www.mythreadlab.com and its subdomains and mobile app when made available (collectively, the "Site") and your purchase of Products. By using this Site, or by engaging in your online order and clicking on the "I agree" or similar button, you indicate your agreement to be bound by these Terms and Conditions. Before placing an order for Products, if you have any queries relating to these Terms and Conditions, please email our customer service team at service@mythreadlab.com.

Please read these Terms and Conditions carefully, as they may have changed since your last visit. BY USING THE SITE OR THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS . IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE. Please review our Privacy Policy, which also governs your visit to the Site and forms part of these Terms and Conditions, in order to understand our practices.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND THREADLAB ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT, AND WHICH ALSO LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION. (SEE SECTION BELOW: "AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTIONS").

Registration

Certain of our Services are reserved for registered users. In order to become a registered user (or "member"), we may ask you to complete a registration form and provide a user name or email and create a password ("Login Credentials"). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms and Conditions. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a ThreadLab member, all information that you provide to ThreadLab is subject to ThreadLab's Privacy Policy. You are responsible for keeping your registration information up to date through your profile page, to the extent such feature is made available on the Site.

We may permit you to log in to our Services using sign-in services such as Facebook Connect, or other similar services. These services will authenticate your identity and provide you the option to share certain personal information with us (such as your name and email address) to pre-populate our sign-up form. Services like Facebook Connect also give you the option to post information about your activities on the ThreadLab Services to your profile page to share with others within your social network. Any such third-party social network service provider accessed from the Services is independent from ThreadLab, and ThreadLab has no control over the terms or content of that web site. Your use of any third-party social network service provider is subject to its term of service and privacy policy. We request that our users exercise caution and good judgment when using third-party social network service providers. You should always review, and if necessary, adjust your privacy settings on social network service providers and other third-party websites and services before linking or connecting them to the Service.

Upon registering for our Site, a user profile may automatically be created for you. Information you choose to share in your profile will be subject to our Privacy Policy.

Electronic Communications

As a user of our Site, you agree to receive emails from us regarding our Services. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners.

When you visit our Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. 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 may opt-out from receiving our newsletter by emailing service@mythreadlab.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

Copyright

Unless otherwise noted, all materials contained on this Site is the property of ThreadLab and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All content included on our Site is the property of ThreadLab or its licensors or content suppliers, and is protected by United States and international copyright laws. The term "content" means all information, text, images, data, links, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software or other material accessible through the Site, whether created by us or provided by another person for display on the Site. The compilation of all content on our Site is the exclusive property of Threadlab and protected by United States and international copyright laws. All software used on the Site is the property of Threadlab or its software suppliers and licensors, and protected by United States and international copyright laws.

You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the content. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or ThreadLab content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Services.

Trademarks

www.mythreadlab.com, ThreadLab, Inc. and other domain names and marks indicated on our Site are trademarks or registered trademarks of ThreadLab Inc. or our licensors or suppliers in the United States and other countries. ThreadLab graphics, logos, page headers, button icons, scripts, and service names are trademarks of ThreadLab. ThreadLab's trademarks may not be used in connection with any product or service that is not ThreadLab's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ThreadLab. All other trademarks not owned by ThreadLab or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ThreadLab.

Licence and Site Fees

Subject to these Terms and Conditions, ThreadLab grants you a limited, non-transferrable, non-sublicensable, non-exclusive license to access solely for your personal, non-commercial use of the Site; provided that such license does not include the right to download (other than page caching) or modify any content or software, or any portion of it, except with the express written consent of ThreadLab. You shall not resale or make commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. You shall not be reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose the content, the Site, or any portion of thereof without the express written consent of ThreadLab. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ThreadLab without express written consent. You may not use any meta tags or any other "hidden text" utilizing ThreadLab's name or trademarks without the express written consent of ThreadLab. Any unauthorized use terminates the permission or license granted by ThreadLab. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site home page, so long as the link does not portray ThreadLab or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ThreadLab logo or other proprietary graphic or trademark as part of the link without express written permission.

Equipment; Services

You are responsible for obtaining any equipment and Internet service necessary to access our Site and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue our Site in whole or in part, at any time and for any reason, without notice. The Site may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our Site only with involvement of a parent or guardian. ThreadLab reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Order Selections

As a ThreadLab member, upon ordering a package of Products, we will ship you a package of Products that we will select based on the preferences and style profile that you provide to us (your "Style Profile"). Our selection of Products changes often. Accordingly, ThreadLab cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

Billing, Payment, & Credit Card Information

You agree that ThreadLab may charge your payment method for any Products purchased and for any additional amounts, including any taxes and late fees, as applicable (collectively "Fees") that may be accrued by or in connection with your account associated with your Login Credentials (as defined below). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THREADLAB WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR WEBSITE FROM TIME TO TIME.

We may use a third party payment service to bill you through an online account (your "Billing Account") for your purchase of Products in lieu of directly processing your credit card information. By submitting your payment account information, you grant ThreadLab the right to store and process your information with the third party payment service, which it may change from time to time; you agree that ThreadLab will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of third party payment service in addition to these Terms and Conditions. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

All information that you provide to register with ThreadLab including your credit card information or payment account information is subject to ThreadLab's Privacy Policy.

You may be charged local sales tax or VAT, if applicable

Use of Credits as Payments

ThreadLab members may be eligible to accrue credits through various means as described on our Site from time to time.

RETURNS & EXCHANGES

Upon receipt of Products, if you're not completely satisfied with the fit, look, or feel of any or all items included in your ThreadLab shipment, you can return it within the Return Period and will not be charged for the item(s). Outbound shipping is always free. For the lower 48 states, we include a free prepaid return label. For AK/HI/APO/FPO return shipping cost & service is assumed by the customer. All items returned must be in unworn condition, with no stains, free from any pet hair, tears or visible signs of use or wear and all price tags and marketing/branding tags must remain on each item. Socks & Underwear are a NON try-on item & returned in original packaging as new & unworn. Items must be returned within 365 days of receiving the item, as denoted by www.ups.com, www.usps.com, or www.fedex.com through tracking number information (the "Return Period").

Other than as expressly set forth above, ThreadLab has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by ThreadLab, in each case in ThreadLab's sole discretion. If technical problems prevent or unreasonably delay delivery of your Product, your exclusive an sole remedy is either replacement or refund of the price paid, as determined by ThreadLab.

International Site Access

This Site may be accessed from countries other than the United States. This Site and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Reviews, Feedback, Comments, Communications, and Other Content

We may permit users of our Site to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual of property 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." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ThreadLab reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ThreadLab a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ThreadLab the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ThreadLab for all claims resulting from content you supply. ThreadLab has the right but not the obligation to monitor and edit or remove any activity or content. ThreadLab takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Infringement; Notice and Take Down Procedures

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), it is ThreadLab' policy to respond to notices of any actual or alleged infringement that are reported to ThreadLab' "Designated Copyright Agent" and that comply with the DMCA. If you believe that any materials on our Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to our Site can be contacted at services@mythreadlab.com or at
ThreadLab, Inc.
ATTN: Copyright Agent

,

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of our Site who are repeat infringers

Shipping and Risk of Loss

Delivery of your Products will be made as follows: For physical goods that are shipped to you, unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times furnished by ThreadLab or its agents are only estimates. Depending on your location within the United States, there may be delays in shipping and delivery. For claims of loss, damage or delay with respect to your delivery, you must notify ThreadLab within 30 days of the date of your purchase if you believe all or part of your order is missing, damaged or unreasonably delayed. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your privileges to purchase Products on our website.

Illegal Usage Prohibited

You shall not use ThreadLab's Site or materials to post, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another's privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of ThreadLab. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using our Site. In addition, while using the website in accordance with these Terms and Conditions as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of our Site.

Disputes; Release

ThreadLab expressly disclaims any liability or claims that may arise between users of our Services. You are solely responsible for your interactions with other users and any disputes that arise from interactions with any of the foregoing.

Because ThreadLab is not responsible for the interaction between users, in the event that you have a dispute with one or more users, you hereby release ThreadLab (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.

If you are a California resident, in connection with the above release, 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."

Disclaimer of Warranties and Limitation of Liability

YOU MAY RETURN DEFECTIVE PRODUCTS WITHIN TEN (10) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THREADLAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS AND THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND THIS SITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THREADLAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITATION, THREADLAB DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE THE E-MAIL SENT FROM US OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations of Liability

Under no circumstances will ThreadLab be liable for any loss or damage caused by your use of the Products or your reliance on information in any content on this Site. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER SHIPMENT, IN THREADLAB'S DISCRETION.

IN NO EVENT SHALL THREADLAB BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, PROVIDERS OF THIRD PARTY PLATFORMS OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, THREADLAB CONTENT, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

THREADLAB' AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF USE, CUMULATIVELY BETWEEN YOU AND THREADLAB, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO THREADLAB FOR THE SERVICES, IF ANY, IN THE THEN-PRIOR SIX (6) MONTH PERIOD.

THE LAWS OF CERTAIN JURISDICTIONS 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 MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Links to Other Websites

Links to third party websites on our Site are provided solely as a convenience to you. If you use these links, a new browser window or pane will be launched to access linked Sites. ThreadLab is not responsible to review any third party websites and does not control and is not responsible for any of these websites or their content. ThreadLab does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Site, you do this entirely at your own risks.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by ThreadLab of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. ThreadLab does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Termination

You acknowledge and agree that ThreadLab, in its sole and absolute discretion may, without notice to you, suspend or terminate your use of, or access to the Site, for any services and remove and discard any related materials for any reason, including where ThreadLab believes that you have violated any of these Terms and Conditions. You agree that ThreadLab shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these Terms and Conditions, please discontinue using our Site.

Disclaimer

You acknowledge that you are using our Site including its materials at your own risks. ThreadLab and its partners, affiliates and suppliers do not guarantee error-free or uninterrupted operations of our Site. The products, services and information provided on our Site are provided "as is" without any warranties of any kind including warranties of merchantable quality, fitness for particular purpose, or non-infringement of intellectual property. ThreadLab and its suppliers do not warrant the accuracy and completeness of materials available on or throughout our Site. The materials on our Site may be out of date, and ThreadLab makes no commitment to update the materials. Information published on our Site may refer to products, programs or services that are not available on your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Indemnification

You shall indemnify and forever save harmless ThreadLab, its partners, affiliates, parent company, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of our Site.

Governing Law

These Terms and Conditions, and any dispute between you and ThreadLab, shall be governed by the laws of the State of Delaware without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that the Agreement To Arbitrate is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the ThreadLab must be resolved exclusively by a state or federal court located in the State of Delaware, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and ThreadLab agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes. You and ThreadLab agree to waive trial by jury in any court proceeding.

Agreement to Arbitrate; Waiver of Class Actions

Except if you opt-out or for disputes relating to your or ThreadLab' intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); you agree that all disputes between you and ThreadLab (whether or not such dispute involves a third party) arising out of or relating to these Terms and Conditions, the Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in the State of Delaware, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and ThreadLab hereby expressly waive trial by jury. You and ThreadLab shall appoint as sole arbitrator a person mutually agreed by you and ThreadLab or, if you and ThreadLab cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, ThreadLab shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for a district in Delaware or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms and Conditions or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.

Any claims brought by you or ThreadLab must be brought in that parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor ThreadLab will participate in a class action or class-wide arbitration for any claims covered by these Terms and Conditions. You hereby waive any and all rights to bring any claims related to these Terms and Conditions and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

You may opt out of this Agreement To Arbitrate. If you do so, neither you nor ThreadLab can require the other to participate in an arbitration proceeding. To opt out, You must notify ThreadLab in writing within 30 days of the date that You first became subject to this arbitration provision. The opt-out notice must state that You do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your device ID or ThreadLab account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way You can opt out of the Agreement To Arbitrate. You must use this address to opt out:
ThreadLab, Inc.
ATTN: Arbitration Opt-out
550 East Charleston Blvd, Ste C
Las Vegas, NV 89104

>

Notwithstanding any provision in these Terms and Conditions to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against ThreadLab prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms and Conditions, such termination shall not be effective until 30 days after the version of these Terms and Conditions not containing the arbitration procedures is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against ThreadLab prior to the effective date of removal.

This Arbitration section will survive the termination of your relationship with ThreadLab.

Agreement

These Terms and Conditions contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by ThreadLab, and cannot be amended except by a writing signed by both parties or by ThreadLab' posting of an amended version of these Terms and Conditions on the Site. These Terms and Conditions together with ThreadLab's Privacy Policy constitute the complete and entire agreement between you and ThreadLab pertaining to the use of our Site and supersede any prior communications, understandings and agreements, whether written or oral.

Waiver

ThreadLab will not be considered to have waived any of its rights or remedies described in these Terms and Conditions unless the waiver is in writing and signed by ThreadLab. No delay or omission by ThreadLab in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.

Site Policies, Modifcation, and Severability

Please review our other policies, such as our Privacy Policy, posted on the our Site. These policies also govern your visit and use of our Site. We reserve the right to make changes to our Site, policies, and these Terms and Conditions at any time which shall be effected by posting of the updated Terms and Conditions to our Site; provided that any such changes shall only apply to your use of the Site after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise. Any changes or revisions will be effective immediately upon their posting on the Site. Your use of the Site will be subject to the version of the Terms and Conditions posted on our Site at the time of such use. Accordingly, you are advised to review the Terms and Conditions prior to using the Site.

YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY UPDATED TERMS AND CONDITIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH UPDATED TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE UPDATED TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE SITE AND YOU SHALL DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

You may not assign or transfer these Terms and Conditions in whole or in part to any third party without the consent of ThreadLab. These Terms and Conditions shall bind and inure to the benefit of the parties to these Terms and Conditions and their respective successors, permitted transferees, and permitted assigns. ThreadLab and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. The headings and captions used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

For Additional Information.

If you have any questions about these Terms and Conditions, please contact service@mythreadlab.com.

© 2018 ThreadLab, Inc. All Rights Reserved.