TERMS OF USE

Thank you for shopping at 510 threads. This site (the “Site”) is operated by 510 threads, a division of Plush Gift Gallery (“510threads” or “we,” “us,” “our” and similar references). BY ACCESSING OR USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS OF USE”). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

1. Use of the Site. You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy”) Once you complete and submit your registration, you have opted in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 510 threads. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of 510 threads; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

2. Membership Eligibility. The Site is available to Members who are 18 years and older, who have properly registered and who have not been suspended or removed by 510 threads for any reason (a “Member”). By becoming a Member you represent that you are of legal age. Membership is available only by a valid invitation to users who have completed the information required by the Site’s registration form. If you do not qualify, you may not use the Site. As a Member, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. Membership is void where prohibited by law. 510 threads reserves the right to revoke or prohibit your membership for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.

3. Additional Terms and Conditions. Additional terms and conditions may apply to specific portions of or products on the Site or your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of or products on the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site, the products or your membership.

The following terms and conditions apply to the applicable features on the Site:

(a) Membership Rewards. On shipment of each Qualifying Order (defined below) your account will be credited with a reward of ten dollars ($10.00 USD) or such other amount as may be posted from time to time (the “Reward”). A “Qualifying Order” means the first order for merchandise on the Site placed by an individual whom you sponsored or to whom you sent an email invitation to join the Site. Rewards may be redeemed only for the purchase of merchandise on the Site and may not be used for the purchase of gift cards or services. Rewards are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. We will notify you when any Rewards are posted to your account. At our option, Rewards may expire eighteen months after the date of issuance. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards credits.

(b) Vouchers. We offer a service on the Site pursuant to which third party sellers of goods, services and/or experiences (“Merchants”) present offers (“Offers”) for you to purchase vouchers (“Vouchers”) redeemable for Merchant goods, services and/or experiences. Vouchers are subject to the limitations described in each Offer at the time of purchase of the Voucher. Without limiting the foregoing, all Vouchers are subject to the additional terms and conditions found thereon as well as all terms and conditions herein. The specific terms of each Voucher will control in the event of any conflicting terms contained herein, unless prohibited by law. By purchasing a Voucher, you indicate your acceptance of all of the terms and conditions applicable to such Voucher, as set forth in the Offer, on the Voucher, and herein.

Generally, there are two types of Vouchers that are sold by Merchants, a “Specified Offer” Voucher and a “Specified Dollar” Voucher. A Specified Offer Voucher means that the product, service or experience is easily identified within the terms of the Offer. For example, an Offer for a hot stone massage worth $100 that can be purchased for $50. A “Specified Dollar” Voucher means that the product, service or experience is not easily identifiable within the terms of the Offer such that the Member has the ability to choose such products, services or experiences to be redeemed from the Merchant. For example, an Offer for $50 of merchandise at a specific retail store that can be purchased for $25. A Specified Offer Voucher and a Specified Dollar Voucher are collectively referred to as the Voucher. The Voucher will indicate which type of Voucher you purchased from the Merchant.

Vouchers are void to the extent prohibited by law. Each Voucher may be used only once, unless prohibited by law. 510 threads is not responsible for lost or stolen Vouchers or Voucher reference numbers. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant. Reproduction, modification, sale or trade of the Voucher is prohibited unless done so in compliance with applicable law. Unless expressly stated in an Offer or on a Voucher, sales tax which may be due on any goods, services and/or experiences you receive is not included. The Merchant is obligated to honor the Voucher in compliance with all applicable laws. Without limiting the foregoing, use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with all applicable laws. 510 threads is not responsible for the redemption of the Voucher.

Each Specified Dollar Voucher includes two separate portions: (1) a paid portion amount which is equal to the amount your credit card is charged for the Voucher (the “Paid Portion”), and (2) a promotional portion amount which is provided at no additional cost to you and which is equal to the difference between the total initial value of the Voucher and the Paid Portion (the “Promotional Portion”). The Promotional Portion must be used the first time the Voucher is used, and any unused Promotional Portion value remaining after the first transaction will be forfeited and cannot be redeemed for cash. In addition the Promotional Portion must be used by the expiration date printed on the Voucher for the Promotional Portion, which may be a different expiration date than for the Paid Portion. If you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the Paid Portion until the balance of the Paid Portion is $0.00, and then against the Promotional Portion value. If the expiration of the Paid Portion is prohibited under applicable law, then the Voucher shall expire as follows: the Promotional Portion of the Voucher will expire on the date printed on the Voucher, and the Paid Portion of the Voucher will expire on the later of (i) five (5) years from the date the Voucher is issued or (ii) the date required by applicable law. Unless otherwise required by law, Vouchers have no cash value. Cash back will be issued for partial redemption of the Paid Portion of any Voucher to the extent required by law. To the extent that a Merchant is required by law to provide cash back for partial redemptions of the Paid Portion of any Specified Dollar Voucher, the amount of the cash back you would be entitled to receive is equal to the difference between the Paid Portion and the amount you redeemed. For example, if you purchased a $50.00 Voucher for $25.00 (Paid Portion) and only redeemed $20.00 worth of goods or services from the Merchant, you would be entitled to cash back of $5. Likewise, if you redeemed your Specified Dollar Voucher for $30.00 worth of goods or services from the Merchant, you would not be entitled to any cash back since the amount you redeemed ($30) is greater than the Paid Portion ($25). No cash back or credit will be issued for partial redemption of the Promotional Portion of any Specified Dollar Voucher, unless required by law.

A Specified Offer Voucher does not have two separate portions. A Specified Offer Voucher will expire in full as of the expiration date indicated on such Voucher, unless required by law. A Specified Offer Voucher has no cash value and no cash back will be issued, unless required by law.

The Merchant is the seller of the goods, services and/or experiences which you purchase, and is the seller, issuer and obligor of the Voucher. As such, the Merchant shall be fully responsible for any and all loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to your redemption or attempted redemption, in whole or in part, of any Voucher. You waive and release 510 threads, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates and third parties from any liability for any damages or losses arising out of or otherwise incurred in connection with your redemption or attempted redemption, in whole or in part, of any Voucher.

510 threads is solely the marketing portal for the Merchant. If you have problems with the Voucher or the goods, services and/or experiences provided, or to be provided, in connection with the Voucher, we will use reasonable efforts to assist you in dealing with the Merchant. However, we cannot and do not guarantee the issuance of any credits and/or refunds. Any attempted redemption of any Voucher not consistent with these terms and conditions will render the Voucher null and void. Resale of the Voucher or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Vouchers are subject to verification and are void if not obtained in accordance with these terms and conditions and through legitimate channels.

510 THREADS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO VOUCHERS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A VOUCHER CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH VOUCHER. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE RISK OF LOSS AND TITLE FOR VOUCHERS PASS TO THE PURCHASER UPON OUR ELECTRONIC OR OTHER TRANSMISSION TO THE RECIPIENT, WHICHEVER IS APPLICABLE. IN NO EVENT WILL 510 THREADS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.

This Section 3(b) applies only to the Voucher service and no other service or part of the Site.

(c) Return Credit. Items that have been returned for a 510 threads merchandise credit will be refunded in the form of a merchandise credit (a “Merchandise Credit”) at the original purchase price, plus applicable sales tax, and, if applicable, the return shipping charges will be deducted from the amount of the Merchandise Credit. Merchandise Credit may be redeemed only for the purchase of merchandise on the Site and may not be used for the purchase of gift cards or services. Merchandise Credit is not transferable and may not be combined with Merchandise Credit belonging to others. At no time may you purchase, sell or barter any Merchandise Credit. Merchandise Credit is not redeemable for cash, unless required by law. The obligations represented by outstanding Merchandise Credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the 510 threads website, or any third party under contract with such present or future owner. You, as a Member, expressly consent to and authorize any such future assignment and assumption of outstanding Merchandise Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.

(d) Return Refund. Items that have been returned for a refund to your original form of payment will be refunded (a “Return Refund”) at the original purchase price plus applicable sales tax and the return shipping charges (if any) will be deducted from your refund. Please note that in connection with the Return Refund, a refund to your original form of payment includes restoring any prior Merchandise Credit or Membership Rewards that you may have used for your purchase to your 510 threads account. Refunds to your original form of payment will appear on your statement within seven days.

(e) Credit Balances. Any credit balance (including a Reward balance and/or Merchandise Credit) will be automatically applied to your next purchase of merchandise from the Site and the order of redemption of such credits will be determined by 510 threads. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by 510 threads and such determination is final.

(f) Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from 510 threads but charges from your carrier for usage may apply and you are responsible for all such charges.

(g) Member Email and Postings. The Site may provide Members with the ability to send email messages to others and to post messages on the Site. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, ideas and any other content you post, upload, submit, publish, or display (hereinafter “post”) on or through the Site, or transmit to or share with other Members (collectively, the “Member Content”). Any Member Content that is posted will not be treated as confidential. 510 threads has the right but not the obligation to monitor and decline, edit, or remove (without notice) all or any portion of any Member Content for any reason or no reason. If 510 threads chooses at any time, in its sole discretion, to monitor Member Content, it still has no responsibility for the Member Content or for the conduct of the Member posting Member Content or to edit or remove any Member Content, except in compliance with Section 14 below. If you are involved in a dispute with one or more Members of 510 threads, you release 510 threads (including its officers, directors, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.

When you post or otherwise make available any Member Content for inclusion on any part of the Site, you are hereby granting 510 threads an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, or for 510 threads’ (and its successors’ and affiliates’) business including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You represent and warrant that you will not provide any Member Content to which you do not have the full right to grant the license specified in this Section 3(f). You waive all moral rights in the Member Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to 510 threads that 510 threads is free to exercise its rights to and/or implement your Member Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.

All Member Content is the responsibility of the Member, not 510 threads. In addition to the restrictions set forth in Section 1, you agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive, or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of 510 threads, its parent, subsidiaries, or affiliates; (v) any chain letters, pyramid schemes, spam, contests, or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree not to send email invitations to join the Site (each, an “Invite”) to people who do not know you or who are unlikely to recognize you as a known contact. We may from time to time use the information you provide for Invites to send reminders to such invitees to accept the Invite to become a Member.

UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY MEMBER CONTENT TO 510 THREADS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY MEMBER CONTENT TO OR THROUGH 510 THREADS, YOU REPRESENT AND WARRANT THAT ALL YOUR MEMBER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO MEMBER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR MEMBER CONTENT. YOU REPRESENT AND WARRANT TO 510 THREADS THAT 510 THREADS IS FREE TO USE THE MEMBER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY 510 THREADS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.

4. Accuracy of Content; Limitations on Quantity. Excluding Member Content, the information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion, or Boutique at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products, services and/or experiences on this Site at a particular time does not guarantee that the products, services and/or experiences will be available. If a product, service and/or experience offered and sold by us is not as described, your sole remedy is to return it subject to the terms set forth herein.

5. Proprietary Rights. Excluding Member Content, you acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Site are the property of 510 threads and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Site. Reference to any products, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by 510threads.com. All trademarks not owned by 510 threads that appear on the Site are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. 510 threads relies upon a network of independent vendors who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

6. Links to Third-Party Websites; No Implied Endorsements. This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party.

7. Indemnification. By using this Site, you agree to indemnify, hold harmless, and defend 510 threads, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “510 threads Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) a dispute with a Member; (iii) your breach of the Terms of Use; (iv) your violation of any law or the rights of a third party; or (v) your Member Content. You agree to cooperate as fully as reasonably required in the defense of any claim. 510 threads reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the 510 threads Indemnitees.

8. Disclaimers. 510 threads is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any Member Content, or to any act or omission by Members of the Site, by 510 threads or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our vendors does not necessarily reflect the opinions or policies of 510 threads.

510 threads assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Member Content or other Member communications. 510 threads is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member’s or other person’s computer related to or resulting from participation on or through the Site.

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, 510 THREADS DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

9. Limitation of Liability. IN NO EVENT SHALL 510 THREADS, ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY 510 THREADS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF 510 THREADS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF 510 THREADS, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO 510 THREADS IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL 510 THREADS, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF 510 THREADS.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

10. International Use. We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Risk of Loss. The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

12. 510 threads is not affiliated with websites or third parties that sell or advertise our products, services and/or experiences without a written agreement with us. 510 threads reserves the right to void all service, return, and other policies for orders and 510 threads products that were purchased through unauthorized sellers. 510 threads is not responsible for any representations by unauthorized sellers.

13. Unavailability of Site; Termination; Fraud. We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

14. Copyright Infringement; Notice and Take Down Procedures. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this 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: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our contact for copyright issues relating to this Site (including the notices and counter-notices) is: Copyright Agent, 510 threads, 510 E. State Street, Rockford, IL 815-969-0960 customercare@510threads.com. Please note that there are penalties for false claims under the DMCA. One or more patents may apply to this website, including without limitation: U.S. Patent Nos.

15. Choice of Law and Forum. These Terms of Use and any dispute of any sort that might arise between you and 510 threads or its parent, subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the Commonwealth of Illinois, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts in Illinois; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against 510 threads, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms of Use. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

16. Miscellaneous. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and 510 threads with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and 510 threads with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of 510 threads to act with respect to a breach by you or others does not waive 510 threads right to act with respect to subsequent or similar breaches. 510 threads failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 510 threads without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.