Terms and Conditions

Terms and Conditions

Last updated September 17, 2024 

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE BETWEEN YOU AND THREAD PERFORMANCE, LLC AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THESE TERMS OF USE REPRESENT A BINDING AGREEMENT.

These Terms govern your access to and use of our website (www.threadperformance.com) and dependent pages (the “Site”), including but not limited to your purchases of our products and services.

Who We Are

As used in the Terms and on the Site, "Thread Performance”, “We”, “Our”, or “Us" refers to Thread Performance LLC, as well as any of its parents, affiliates, or subsidiaries and each of their respective members, officers, directors, and employees. If you have any questions about these Terms, our Privacy Policy or the Site, you may contact us via the Customer Service information provided on the Site or as set forth below.

Your Use of the Site

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Thread Performance if the Minor breaches any of these Terms.

Pursuant to 47 U.S.C. Section 230 (d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.

If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to Thread Performance or the Site.

By accessing and using our Site, you acknowledge, accept and agree, without limitation or qualification, to be bound by these Terms. We reserve the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we may provide notice of such changes, such as by posting a notice on our Site and/or updating the “Last Updated” date above. However, any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using our Site.

IMPORTANT INFORMATION FOR US RESIDENTS

BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AND JURY TRIAL WAIVER AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES.

Waiver of Rights under California Civil Code Section 1542.  You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and principles of common law or any other state laws as it pertains to the enforcement of the waivers provided in these Terms. This section of the Terms will survive the termination of the Terms or your relationship with Thread Performance.

If you do not agree to these Terms, INCLUDING THE PROVISION FOR BINDING ARBITRATION SET FORTH BELOW, please do not use this Site.

 

Terms Of Sale

• Online Orders: When placing an order on our Site, you are offering to purchase whatever products you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

• Payment Terms: All applicable prices are set forth alongside the goods offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider, such as  PayPal, Apple Pay and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

• Shipping Information: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges, unless otherwise noted. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

• Returns: If you, for any reason, are not satisfied with your order, you may return it for refund within thirty (30) days of delivery subject to the terms of our Returns & Exchanges policy which can be found here, and are incorporated by reference into these Terms. Your refund will be credited back to the same payment method used to make the applicable purchase.

Order acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Typographical Errors

In the event that a Thread Performance product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. Thread Performance reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your payment card or digital payment method has already been charged for the purchase and your order is cancelled, Thread Performance shall issue a credit to your payment account in the amount charged.

Reliance On Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users (see User Generated Content), third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Your Account

You may be required to register with us in order to access certain services or areas of the Site. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Privacy

Please review our Privacy Policy, which also governs your use of the Site, to understand how we collect, use, disclose, and secure personal information, as well as any rights that you may have.

Electronic Communications

When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you consent to receive communications from us electronically. including targeted emails, surveys, promotional offers and for other general business purposes. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Intellectual Property

The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of Thread Performance, its successors and assigns . Thread Performance owns or licenses all right, title and interest, including patent, copyright, trade secret, trademark, service marks, trade names and other proprietary registered and unregistered rights, in and to the Site and its software, applications, systems, functionality, appearance, text, video, audio, graphics, photographs and content used by Thread Performance on the Site. All rights in the Site, including but not limited to, rights in intellectual property therein, confidential and trade secret material, source code, object code, trademarks, service marks, patents, copyrights and logos, and technologies, formulas, databases, data analytics, algorithms, designs, content, graphics, video, audio, benchmarks or processes developed or provided by Thread Performance shall be and will remain the sole and exclusive property of Thread Performance.

Prohibited Uses

You are granted only a limited, revocable, non-exclusive, non-transferable license for personal access and use of the Site. You are  not permitted to make any commercial use of the Site. Except as may otherwise be permitted under these Terms you shall not and will not permit, assist, facilitate or encourage others to: (a) modify, publish, translate, reverse engineer, reverse compile, disassemble, translate, or create derivative or collective works from the Site or any portion thereof; (b) copy, reproduce, transmit, scrape or distribute the Site, including through the use of a robot, spider or other automatic means; (c) license, sell, resell, lease or otherwise distribute or grant access to third parties to the Site; (d) create malicious software products, tools, designs, instructions or technologies that negatively impact the Site’s performance, functionality, or interoperability with other applications; (e) circumvent any technological measure that controls access to the Site or any part thereof; (f) remove or obfuscate any proprietary notices or labels on the Site; or (g) use the Site for any unlawful or improper purpose, including but not limited to perform, or solicit others to perform, unlawful acts or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected basis.

Use Of Site

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Thread Performance or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Limited Personal Copies

Permission is granted to you to electronically copy and print limited hard copy portions of this site for the sole purpose of placing an order with Thread Performance or purchasing Thread Performance products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print limited portions of the material from the different areas of the Site solely for your own personal non-commercial use, or to place an order with Thread Performance or to purchase Thread Performance products or services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless expressly authorized by Thread Performance in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Warranty Disclaimer

This site and the materials, services and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Thread Performance disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Thread Performance does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Thread Performance does not make any warranties or representations regarding the use of the materials and information provided in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation Of Liability

THREAD PERFORMANCE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THAT RESULT FROM ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE EVEN IF THREAD PERFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Thread Performance, and its officers, directors, members, employees, agents, licensors, contractors, service providers, suppliers, successors and assigns from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including intellectual property infringement,  negligence or wrongful conduct) by you, a Minor, or any other person accessing the site using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Term; Termination

These Terms are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Thread Performance without notice at any time, for any reason. The provisions relating to  Intellectual Property, Prohibited Uses, Warranty Disclaimer, Limitation of Liability, Indemnification, Copyright Complaints/DMCA, DISPUTE RESOLUTION AND BINDING AGREEMENT TO ARBITRATE, User Generated Content,, and Choice of Law and Venue, shall survive any termination. Additionally, Any other provision herein that by its nature is intended to survive shall also survive termination.

Copyright Notice

All of the Content you see on the Site, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text is the exclusive property of Thread Performance and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Us, by one of our affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Us. The entire Content of the Site is copyrighted as a collective work under U.S. and other applicable copyright laws, and We own a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Site, and the Site as a whole, are intended solely for the personal and non-commercial use of the users of our Site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Us. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. We reserve complete title and full intellectual property rights in any Content you download from this Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Thread Performance.

Notice Of Copyright Infringement

We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent listed below if you believe that a user of our Site has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), to be effective the notification should include:

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information such as a URL or other Site location reasonably sufficient to permit us to locate the material on our Site;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and;
• your physical or electronic signature, or if you are authorized to act on the copyright owner’s behalf, said copyright owner’s signature.

Please send all notices under the above copyright infringement policies to our agent for receipt of notifications of claimed infringement:

Attention: Copyright Agent
Thread Performance LLC
5275 Market St. Ste. A, San Diego, CA 92114

Email: copyright@threadperformance.com

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Site are infringing a copyright.

Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our Site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:

your physical or electronic signature;

• identification of the material that has been removed or to which access has been disabled and the URL or other Site location at which the material appeared before it was removed or access to it was disabled;
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Central District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Please submit counter notifications to our agent for receipt of notifications of claimed infringement:

Attention: Copyright Agent
Thread Performance LLC
5275 Market St. Ste. A, San Diego, CA 92114

Email: copyright@threadperformance.com

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

Repeat Infringers

Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

 

Notice

Thread Performance may deliver other notices to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Thread Performance.

 

DISPUTE RESOLUTION AND BINDING AGREEMENT TO ARBITRATE

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Thread Performance are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. YOU AND Thread Performance AGREE TO WAIVE A JURY TRIAL. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Thread Performance, its members, managers, agents, employees, successors, assigns, affiliates, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase or arising from or relating in any way to your purchase of our product or services, your use of the Site, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), Thread Performance’s advertising, privacy or cybersecurity practices or any related purchase (collectively, a “Dispute”) shall be resolved exclusively and finally by binding arbitration. DISPUTES SHALL NOT INCLUDE CLAIMS, DISPUTES,OR CONTROVERSIES CONCERNING PATENTS, TRADEMARKS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS.

Other than issues related to the Class Action Waiver (as defined below), the arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including but not limited to any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to the AAA Consumer Arbitration Rules. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Consumer Arbitration Rules. Arbitration proceedings shall be governed by this provision and the applicable AAA procedures for consumer-related disputes, in effect at the time the claim is filed. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. YOU AGREE TO ARBITRATION ON AN INDIVIDUAL BASIS AND TO ADDITIONAL PROCEDURES TO GOVERN TWENTY-FIVE (25) OR MORE SIMILAR OR COORDINATED CLAIMS AS SET FORTH BELOW.

Mandatory Pre-Arbitration Procedure. Before initiating any arbitration, you and Thread Performance must give the other party notice of the Dispute by providing written “Notice of Dispute” that is personally signed by you (if you are initiating the Dispute) or a representative of Thread Performance (if Thread Performance is initiating the Dispute). The Notice of Dispute must contain the following information (a) name and contact information (mailing address, email address, and telephone number); (b) detailed factual description of the nature of the Dispute; and (c) the resolution and relief sought. You must email your Notice of Dispute to support@threadperformance.com. We will send any Notice of Dispute to the most recent email address we have on file for you. You and Thread Performance will agree to attempt to resolve the Dispute through informal, good faith negotiations for a 60-day period after the date that a Notice of Dispute is received (or such longer period as is mutually agreed to by the parties). Either party may request a personal telephone or video conference as part of the informal negotiations. Should Thread Performance request a telephone or video conference, you (and your counsel if you are represented) agree to attend this conference. Should you request a telephone conference, Thread Performance (and its counsel if Thread Performance is represented) agrees to attend this conference. Compliance with this Pre-Arbitration Procedure is a condition precedent to initiating an arbitration with the AAA. Neither party may initiate an arbitration unless this Pre-Dispute Procedure is complied with. If the sufficiency of either party’s compliance with the Mandatory Pre-Dispute Procedure is at issue, either party may seek court intervention, and any arbitration proceeding shall be stayed, until the court rules on the compliance issue. Such court shall have the power to enjoin an arbitration proceeding or order other injunctive relief, which includes but is not limited to enjoining the filing of a demand for arbitration and/or payment of arbitration costs and fees. Notwithstanding the foregoing, in the event that neither party seeks court intervention, either party may elect to raise the issue of a failure to comply with the Mandatory Pre-Arbitration Procedure before the arbitrator and seek relief in arbitration. The parties agree that any applicable statutory limitations period and any arbitration filing fee deadlines shall be tolled while you and Thread Performance participate in the Mandatory Pre-Arbitration Procedure in any effort to informally resolve the Dispute.

To initiate an arbitration, the party seeking arbitration must write a demand for arbitration as specified in the AAA Rules. For any arbitration you initiate, you will pay the consumer filing fee under the AAA Consumer Rules, and Thread Performance will pay the remaining AAA fees and costs. For any arbitration initiated by Thread Performance, Thread Performance will pay all AAA fees and costs.

Class Action Waiver.

IN ANY DISPUTE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOU NOR THREAD PERFORMANCE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS OR COLLECTIVE REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY AND AN ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY SUCH CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or other representative action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

The AAA Supplementary Rules for Consumer Multiple Case Filings and AAA Multiple Consumer Case Filing Fees shall apply when twenty-five (25) or more similar claims are asserted against Thread Performance by the same or coordinated counsel or are otherwise coordinated (and your claim is one of them). In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Thread Performance understand and agree that when twenty-five (25) or more similar claims are asserted against Thread Performance or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Thread Performance’s Claim might be delayed. For such coordinated actions, you and Thread Performance also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Thread Performance shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Thread Performance’s case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Thread Performance or you.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 et seq. (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you or Thread Performance prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you or Thread Performance under the standards for fee shifting provided by law. Information on AAA and its applicable rules are available at the following numbers and URL: American Arbitration Association: (800) 778-7879, www.adr.org.

(i) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION EACH OF YOU AND THREAD PERFORMANCE WAIVE ANY RIGHT TO A JURY TRIAL.

Each of you and Thread Performance both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.

Right to Opt Out of Arbitration. You can decline this agreement to arbitrate by emailing support@threadperformance.com or write to us at Thread Performance, and providing your name, address, and telephone number, date of first access to the Site, date of purchase of product or service, IP address and a statement that you wish to opt out of this arbitration agreement. The opt out notice must be emailed or mailed no later than 30 days after you first accept this agreement to arbitrate by using this Site. YOU HAVE THE RIGHT TO CONSULT WITH YOUR ATTORNEY CONCERNING THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or Thread Performance to litigate any dispute in court, then the foregoing arbitration agreement will not apply to either party, and both you and Thread Performance agree that jurisdiction over and venue in any judicial proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Thread Performance products) shall be brought as set forth below in the section entitled Choice of Law and Venue.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU OR THREAD PERFORMANCE MAY HAVE WITH RESPECT TO THE TERMS, PRODUCTS, SERVICES OR SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF THREAD PERFORMANCE PRODUCTS) MUST, REGARDLESS OF WHETHER ARBITRATED OR LITIGATED BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

This arbitration agreement will survive the termination of your relationship with Thread Performance.

Choice Of Law And Venue

Your use of this Site shall be governed in all respects by the laws of the state of Tennessee, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. For any action where the arbitration provisions herein permit the parties to litigate in court, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Thread Performance products) shall be in the state or federal courts located in Williamson County, Tennessee, or the federal district where such county is located. Thread Performance‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Thread Performance may assign its rights and duties under this Agreement to any party at any time without notice to you. This choice of law and venue provision will survive the termination of the Terms or your relationship with Thread Performance.

 

User Generated Content

The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews, text, video and photos ("User Generated Content"). You may also submit User Generated Content in the other ways that you interact with us such as through social media, by email, by phone, and otherwise. You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it to the Site. Any User Generate Content uploaded, posted or sent to the Site shall be deemed non-confidential and non-proprietary. We do not endorse any User-Generated Content or any opinion or recommendation expressed therein.  We may refuse to accept or transmit User Generated Content for any reason with or without notice. We may remove User Generated Content from the Site for any reason with or without notice.

When you upload, post, submit, send, or receive any User Generated Content to or through the Site, you give us an unrestricted, perpetual, worldwide, non-exclusive, irrevocable, fully-paid, royalty-free, fully sub-licensable (through multiple tiers) and transferable worldwide right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Generated Content, in whole or in part, including future rights that we (including any successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You grant us and sublicensees the right to use the name that you submit in connection with such User-Generated Content, if they choose.

You further promise that:

• you are 18 years of age or older;

• you own all rights to your User Generated Content or, alternatively, that you have the right to give us the rights described above;

• your User Generated Content shall not contain or constitute viruses, political campaigning, commercial solicitation, affiliate links, chain letters, mass mailings or any form of "spam";

• your User Generated Content shall not be illegal, obscene, threatening, defamatory, constitute an invasive of privacy or infringement of any intellectual property rights,  or otherwise be objectionable or injurious to third parties;

• your User Generated Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and

• You shall not use a false email address or identity, or impersonate any person, or otherwise mislead us as to the source, origin, author or submitter of any User Generated Content.

We have the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content. We take no responsibility and assumes no liability for any User Generated Content. By posting User Generated Content, you agree to indemnify us for all losses resulting from any claims related to or arising out of the User Generated Content that you supply, as further explained under the section below titled “Indemnity”.

You also agree further that We are not responsible and shall have no liability to you for any User Generated Content posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material or content rests entirely with you.

If you do submit or otherwise transmit to us User Generated Content or any other communications or documents that may constitute comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback on our products and our service but requests that you provide only specific feedback in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments, creative ideas, or suggestions that you submit as User Generated Content or otherwise send to Thread Performance will become the property of Thread Performance and shall not be subject to any obligation of confidentiality on the part of Thread Performance. Thread Performance shall not be liable for any use or disclosure of any such feedback, comments or suggestions. Thread Performance shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

Use Of Social Media Tags

When you use social media tags (such as on Instagram, Facebook, TikTok  or Twitter) that identify or are associated with Thread Performance, including without limitation @threadperformance, #threadperformance, or any other similar social media tag in any way related to us, you agree to provide us with an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce, use, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media)and use the uploaded content, including image(s), in our (or our sublicensees’) marketing materials and through all social media channels.

 

Third-Party Links

In an attempt to provide increased value to our visitors, Thread Performance may link to websites operated by third parties (“Other Sites”). However, even if Other Sites affiliated with Thread Performance, Thread Performance has no control over Other Sites, all of which have separate privacy and data collection practices, independent of Thread Performance. These links to Other Sites are only for your convenience and therefore you access them at your own risk. Thread Performance takes no responsibility for the content and practices of Other Sites  and the inclusion of any link does not imply endorsement by us of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any Other Sites.

 

Outages

We periodically schedule system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and are not liable for: (a) the unavailability of any part of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting the Sites, any Internet service providers or otherwise.

Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. These Terms set forth the entire Agreement between you and Thread Performance with respect to use of the Site purchase of products and supersede any prior agreements between you and us relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Thread Performance’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Terms and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

The Site is operated by Thread Performance in the United States. Thread Performance makes no representations that the contents of any of the Site are appropriate or available for use in other locations. Visitors who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local law.

 

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Accessibility

We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please email our team at support@threadperformance.com, and we will be happy to assist you.

Violations

Please report any violations of these Terms to us here.

Questions?

If you have questions, comments or complaints about these Terms or the Sites, please contact us here.