resqthreads' terms of use (see resqwalk's terms of use below)

PLEASE READ THESE TERMS CAREFULLY BEFORE USING WWW.RESQTHREADS.COM (THIS "WEBSITE"). YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT WITH RESQTHREADS LLC TO BE BOUND BY, AND TO ACT IN ACCORDANCE WITH, THESE TERMS AND CONDITIONS OF USE (THE "TERMS OF USE") AND RESQTHREADS’ PRIVACY POLICY AVAILABLE AT RESQTHREADS.COM/PAGES/PRIVACY-POLICY ("PRIVACY POLICY"). IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, DO NOT VISIT OR USE THIS WEBSITE OR PURCHASE PRODUCTS FROM RESQTHREADS.       

 

As used in these Terms of Use, RESQTHREADS is referred to as "RESQTHREADS", "us", "our" or "we". Those who visit or purchase from the website or otherwise from RESQTHREADS are referred to in these Terms of Use as "user" or "you."

 

Continuing Agreement; Changes

 

RESQTHREADS reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted.

 

Please visit this page of our website each time you visit the website to keep up to date with our most current Terms of Use governing your use of the website. Your continued use of the website and/or the services offered on or through the website after any changes to this Terms of Use are posted will be considered acceptance of those changes.

 

If you register or create an account on our website, you may be asked to evidence your acceptance and agreement to these Terms of Use and the Privacy Policy by clicking on the "Agree" button and/or to agree to additional terms and conditions that supplement these Terms of Use.

 

Use of Website and Website Materials

 

You have a non-exclusive, nontransferable, limited and revocable right to use this website solely for personal purposes. RESQTHREADS owns the copyright for all of the material on the website or has a right to use such material. RESQTHREADS also owns or has a right to use all trademarks, service marks, and trade names used on this website. No part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express permission of RESQTHREADS. Any unauthorized use or modification of the materials on this website is a violation of RESQTHREADS copyright and other proprietary rights. The use of any such material on any other website or computer network without RESQTHREADS’ written consent is strictly prohibited. Use by you of the trademarks, service marks and trade names on this website in any manner other than as authorized in these Terms of Use, or as authorized in writing by RESQTHREADS, is strictly prohibited.

 

Purchases; Limited Warranty and Return Policy

 

Purchases from RESQTHREADS are subject to our limited warranty and return policy, which can be found on www.resqthreads.com along with our Privacy Policy.

 

Product Availability

 

Because of the nature of our business, all of our products are produced in limited quantities and batches. Therefore, all products are subject to availability; and we reserve the right to limit the quantity of products we supply; to supply only part of an order or to divide up orders. We also reserve the right to alter the terms or duration of any special offers promotions. We will inform you if we are unable to fill your order.

 

We will not be liable to you or any third party for withdrawing any products from the website whether or not that merchandise has been sold, or for refusing to process a transaction or suspending any transaction after the process has begun.

 

RESQTHREADS accepts the following forms of payment for online purchases: Visa, Master card, American Express, Discover or PayPal. The transaction will be charged to your credit card or PayPal account only after we have verified your card details, received credit authorization and confirmed that the product is available. Once your transaction is charged, the purchase cannot be cancelled or modified. In this case, please refer to our limited warranty and return policy.

 

Customer Account, Password and Security

 

You may be required to create an account and register in order to purchase products. If so, to register you will be required to provide us with current, complete and accurate information as prompted by the online registration page. All information will be handled in accordance with our Privacy Policy. You agree that you are solely responsible for maintaining the security and confidentiality of any passwords and account access information associated with your account.

You agree to notify us immediately at info@resqthreads.com if you suspect or know of any unauthorized access to or use of your account or password or any other breach of security. We will not be liable for any loss, damages, or injury that you may incur as a result of the unauthorized access or use of your password or account information.

 

Privacy

 

For information on how RESQTHREADS uses and protects the personally identifiable information you may provide to RESQTHREADS or that may be collected by it, read our Privacy Policy at available at resqthreads.com/pages/privacy-policy

 

User Submitted Content

 

From time to time, this website may allow users to post text, images, audio, video, links to other sites, or other content to the website. As a consequence, you may see on this website materials that have been submitted by individuals not affiliated with RESQTHREADS. Neither RESQTHREADS nor any of its affiliates endorses these individual users nor is RESQTHREADS associated with any of the materials that the users may post on this website or link to from this website. Neither RESQTHREADS nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individual users or in connection with any conduct of these individual users.

 

Submissions/Postings/Sample Promotions

 

You retain copyright and any other rights you hold in the information, data, photographs, comments, suggestions, graphics, ideas, and other information or materials you submit through this website ("content"). By submitting, sharing, uploading, posting or displaying the content you give RESQTHREADS a worldwide, royalty-free, and non-exclusive license for any purpose whatsoever to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, share, upload, post or display on or through the website. This means that you acknowledge RESQTHREADS’ unrestricted right to use the content (and materials or ideas similar to the content) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means RESQTHREADS has no obligation to keep your submissions confidential.

 

You confirm and warrant to RESQTHREADS that you have all the rights, power and authority necessary to grant the above license. You agree that you will not submit, share, upload, post or display content on or through the website that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the content and to grant RESQTHREADS all of the license rights granted in this section.

 

RESQTHREADS may, but is under no obligation to, monitor or review content and assumes no responsibility or liability arising from the content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website. You may not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, violent, offensive, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not, while using the website, distribute viruses or other harmful content.

 

Prohibited User Conduct

 

You warrant and agree that, while using the website and the various services and features offered on or through the website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the website's content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the website. You may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or use any other automatic means of accessing, loging-in or registering on the website or for any services or features offered on or through the website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the website; (ii) use the website or the services made available on or through the website in any manner with the intent to interrupt, damage, disable, overburden, or impair the website or such services; (iii) use the website or the website's services or features in violation of RESQTHREADS or any third party's intellectual property or other proprietary or legal rights; or (iv) use the website or the website's services in violation of any applicable law.

 

No Access by Minors

 

The website is not intended to be used or accessed by minors under the age of 13 and we do not knowingly collect information from minors. Do not use our services or access our websites if you are 13 or younger. We also do not encourage use by anyone under the age of 18.

 

Links to and from the Website

 

If you link from any other web site to this website, such link shall open in a new browser window or tab and shall link to the full version of an html formatted page of this website. You are not permitted to use any linking method whereby the website content is hosted by us but displayed on another web site (this practice is sometimes referred to as "in-line" linking). You may not to link from any other web site to this website in any manner such that the website, or any page of the website, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the website be discontinued, and to revoke your right to link to the website from any other web site at any time upon written notice to you (including via email).

 

Geographic Scope of Website

 

This website is controlled and operated from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those RESQTHREADS products that are sold by RESQTHREADS in the United States and its territories, and RESQTHREADS makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.

 

Links to other websites

 

For your convenience and enjoyment, you may also access via links the websites of our featured nonprofit organizations and artists. These links and applications do not mean that RESQTHREADS endorses, approves or sponsors any information available at the linked site or application, or any products that may be sold through a linked site, nor is RESQTHREADS liable for any damage that might result from your use of such information or products.

 

Contents of the Website - Disclaimer

 

The materials in this website (including any graphics, software, recommendations or other materials) and any materials made available through this website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, RESQTHREADS disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. RESQTHREADS does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. RESQTHREADS undertakes no obligation to verify or maintain the currency of such information.

 

Operation of the Website – Disclaimer

 

RESQTHREADS endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. As to the operation of the website, RESQTHREADS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. RESQTHREADS makes no warranty that (i) the operation of the website will meet the user's requirements; (ii) access to the website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the website will be accurate or reliable; or (iv) defects will be corrected. You (and not RESQTHREADS) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website.

 

Limitation of Liability

 

Under no circumstances shall RESQTHREADS be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use the website, or any products purchased from the website, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the website. RESQTHREADS shall not be liable even if RESQTHREADS or a RESQTHREADS authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall RESQTHREADS’ total liability to you for damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this website.

 

Indemnity

 

You hereby agree to indemnify, defend and hold RESQTHREADS, its officers, directors, agents, affiliates, and licensors (the "indemnified parties") harmless from and against any claim or liability arising out of (a) any content you submit, share, upload, post or display on or to the website; (b) any breach of or noncompliance with any representation, warranty or obligation in these Terms of Use, the limited warranty and return policy or the Privacy Policy; and (c) any claim that your use or the content you submit violates any applicable law or third party rights, including without limitation that it infringes the rights of a third party. You shall cooperate fully in the defense of any claim. RESQTHREADS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the website may be irreparable; therefore, RESQTHREADS is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

 

Force Majeure

 

RESQTHREADS is not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, or failures of third party service providers (including providers of internet services, hosting services and/or telecommunications).

 

Breach

 

In the event you breach these Terms of Use, our Privacy Policy or our Warranty and Return policy, RESQTHREADS may issue a warning, or may suspend, terminate, or restrict your activities on the website. Any such action shall be taken in the sole discretion of RESQTHREADS and you agree not to hold RESQTHREADS responsible for any inconvenience or loss which you may incur as a result of RESQTHREADS taking any of the actions described above.

 

Sales tax

 

RESQTHREADS charges state, local and county taxes on online transactions, as required by applicable laws.

 

Availability of Help

 

This website may provide a help page or other instructions for the use of this website. However, you understand that RESQTHREADS is under no obligation to provide any support for the use of the website.

 

Applicable Law; Jurisdiction

 

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in court of competent jurisdiction located in New York, and you hereby accept and submit to the personal jurisdiction of such New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

 

Severability

 

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

 

No waiver

 

No failure on the part of RESQTHREADS to enforce any part of these Terms of Use shall constitute a waiver of any of RESQTHREADS’ rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by RESQTHREADS nor the reliance of any person on RESQTHREADS’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of RESQTHREADS shall have any legal effect whatsoever.

 

No Legal Effect

 

The paragraph titles in these Terms of Use, and in our limited warranty and return policy and Privacy Policy are for convenience only and have no legal or contractual effect.

 

Limitation of Actions

 

No action, regardless of form, arising out of these terms and conditions may be commenced more than one year after the cause of action has occurred, except an action for nonpayment.

 

Entire agreement

 

These Terms of Use, together with our Privacy Policy and Limited Warranty and Return Policy represent the whole legal agreement between you and RESQTHREADS and supersede and replace any prior agreements in relation to the products offered or sold by RESQTHREADS.

 

Termination

 

RESQTHREADS may terminate, change, suspend or discontinue any aspect of the website or the website's operation or services at any time. RESQTHREADS may restrict, suspend or terminate your access to the website and/or its products and services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. RESQTHREADS maintains a policy that provides for the termination in appropriate circumstances of the website use privileges of users who are repeat infringers of intellectual property rights.

 

 

***RESQWALK TERMS OF USE***

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING RESQWALK (THE "APPLICATION"). YOUR USE OF THE APPLICATION CONSTITUTES YOUR AGREEMENT WITH RESQTHREADS LLC TO BE BOUND BY, AND TO ACT IN ACCORDANCE WITH, THESE TERMS AND CONDITIONS OF USE (THE "TERMS OF USE") AND RESQTHREADS’ PRIVACY POLICY FOR RESQWALK AVAILABLE AT RESQTHREADS.COM/PAGES/PRIVACY-POLICY (“PRIVACY POLICY"). IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, DO NOT USE THE APPLICATION.

 

As used in these Terms of Use, RESQTHREADS is referred to as "RESQTHREADS", "us", "our" or "we". Those who visit or purchase from the Application or otherwise from RESQTHREADS are referred to in these Terms of Use as "user" or "you."

 

Continuing Agreement; Changes

RESQTHREADS reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted.

 

Please visit this page of our website to keep up to date with our most current Terms of Use governing your use of the Application. Your continued use of the Application and/or the services offered on or through the Application after any changes to this Terms of Use are posted will be considered acceptance of those changes.

 

If you register or create an account on our Application, you may be asked to evidence your acceptance and agreement to these Terms of Use and the Privacy Policy by clicking on the "Agree" button and/or to agree to additional terms and conditions that supplement these Terms of Use.

 

Use of Application and Application Materials

You have a non-exclusive, nontransferable, limited and revocable right to use the Application solely for personal purposes. No part of the Application may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express permission of RESQTHREADS. Any unauthorized use or modification of the materials on the Application is a violation of RESQTHREADS copyright and other proprietary rights. The use of any such material on any other website or computer network without RESQTHREADS’ written consent is strictly prohibited. Use by you of the trademarks, service marks and trade names on this Application in any manner other than as authorized in these Terms of Use, or as authorized in writing by RESQTHREADS, is strictly prohibited.

 

Purchases; Limited Warranty and Return Policy

Purchases from RESQTHREADS through the Application are subject to RESQTHREADS’ limited warranty and return policy, which can be found on www.resqthreads.com. Any other purchase on the Application will be subject to the ‘Limitation of Liability’ provision below.

 

Product Availability

Many of the products on the Application are produced or offered in limited quantities and batches. Therefore, all products are subject to availability; and we reserve the right to limit the quantity of products we supply; to supply only part of an order or to divide up orders. We also reserve the right to alter the terms or duration of any special offers promotions. We will inform you if we are unable to fill your order.

 

We will not be liable to you or any third party for withdrawing any products from the Application whether or not that merchandise has been sold, or for refusing to process a transaction or suspending any transaction after the process has begun.

 

RESQTHREADS accepts the following forms of payment for online purchases: Visa, Master card, American Express, Discover or PayPal. The transaction will be charged to your credit card or PayPal account only after we have verified your card details, received credit authorization and confirmed that the product is available. Once your transaction is charged, the purchase cannot be cancelled or modified.

 

Customer Account, Password and Security

You may be required to create an account and register in order to purchase products. If so, to register you will be required to provide us with current, complete and accurate information as prompted by the online registration page. All information will be handled in accordance with our RESQWALK Privacy Policy. You agree that you are solely responsible for maintaining the security and confidentiality of any passwords and account access information associated with your account.

You agree to notify us immediately at info@resqthreads.com if you suspect or know of any unauthorized access to or use of your account or password or any other breach of security. We will not be liable for any loss, damages, or injury that you may incur as a result of the unauthorized access or use of your password or account information.

 

Privacy

For information on how RESQTHREADS uses and protects the personally identifiable information you may provide to RESQTHREADS or that may be collected by it, read our RESQWALK Privacy Policy at available at resqthreads.com/pages/privacy-policy

 

User Submitted Content

From time to time, the Application may allow users to post text, images, audio, video, links to other sites, or other content to the Application. As a consequence, you may see on this Application materials that have been submitted by individuals not affiliated with RESQTHREADS. Neither RESQTHREADS nor any of its affiliates endorses these individual users nor is RESQTHREADS associated with any of the materials that the users may post on this Application or link to from this Application. Neither RESQTHREADS nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individual users or in connection with any conduct of these individual users.

 

Submissions/Postings/Sample Promotions

You retain copyright and any other rights you hold in the information, data, photographs, comments, suggestions, graphics, ideas, and other information or materials you submit through the Application ("content"). By submitting, sharing, uploading, posting or displaying the content you give RESQTHREADS a worldwide, royalty-free, and non-exclusive license for any purpose whatsoever to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, share, upload, post or display on or through the Application. This means that you acknowledge RESQTHREADS’ unrestricted right to use the content (and materials or ideas similar to the content) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means RESQTHREADS has no obligation to keep your submissions confidential.

You confirm and warrant to RESQTHREADS that you have all the rights, power and authority necessary to grant the above license. You agree that you will not submit, share, upload, post or display content on or through the Application that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the content and to grant RESQTHREADS all of the license rights granted in this section.

RESQTHREADS may, but is under no obligation to, monitor or review content and assumes no responsibility or liability arising from the content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Application. You may not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, violent, offensive, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not, while using the Application, distribute viruses or other harmful content.

 

Prohibited User Conduct

You warrant and agree that, while using the Application and the various services and features offered on or through the Application, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Application's content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Application. You may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or use any other automatic means of accessing, loging-in or registering on the Application or for any services or features offered on or through the Application, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Application; (ii) use the Application or the services made available on or through the Application in any manner with the intent to interrupt, damage, disable, overburden, or impair the Application or such services; (iii) use the Application or the Application’s services or features in violation of RESQTHREADS or any third party's intellectual property or other proprietary or legal rights; or (iv) use the Application or the Application's services in violation of any applicable law.

 

No Access by Minors

The Application is not intended to be used or accessed by minors under the age of 13 and we do not knowingly collect information from minors. Do not use our services or access our Application if you are 13 or younger. We also do not encourage use by anyone under the age of 18.

 

Links to and from the Application

If you link from any other web site to this Application, such link shall open in a new browser window or tab and shall link to the full version of an html formatted page of the Application. You are not permitted to use any linking method whereby the Application content is hosted by us but displayed on another web site (this practice is sometimes referred to as "in-line" linking). You may not to link from any other web site to this Application e in any manner such that the Application, or any page of the Application, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Application be discontinued, and to revoke your right to link to the Appication from any other web site at any time upon written notice to you (including via email).

 

Geographic Scope of Application

This Application is controlled and operated from within the United States of America. RESQTHREADS makes no representation that materials in this Application or the products described thereby are appropriate or available for use in other locations. All visitors to this Application are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Application.

 

Links to other websites

For your convenience and enjoyment, you may also access other websites or application via links on the Application. These links and applications do not mean that RESQTHREADS endorses, approves or sponsors any information available at the linked site or application, or any products that may be sold through a linked site, nor is RESQTHREADS liable for any damage that might result from your use of such information or products.

 

Contents of the Application - Disclaimer

The materials in this Application (including any graphics, software, recommendations or other materials) and any materials made available through this Application are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, RESQTHREADS disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. RESQTHREADS does not warrant or make any representations regarding the use or the results of the use of the materials in this Application in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Application could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. RESQTHREADS undertakes no obligation to verify or maintain the currency of such information.

 

Operation of the Application – Disclaimer

RESQTHREADS endeavors to maintain this Application and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Application or its operation. As to the operation of the Application, RESQTHREADS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. RESQTHREADS makes no warranty that (i) the operation of the Application will meet the user's requirements; (ii) access to the Application will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Application will be accurate or reliable; or (iv) defects will be corrected. You (and not RESQTHREADS) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Application.

 

Limitation of Liability

Under no circumstances shall RESQTHREADS be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use the application, or any products purchased from the Application, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Application or information available in the Application. RESQTHREADS shall not be liable even if RESQTHREADS or a RESQTHREADS authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall RESQTHREADS’ total liability to you for damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Application.

 

Indemnity

You hereby agree to indemnify, defend and hold RESQTHREADS, its officers, directors, agents, affiliates, and licensors (the "indemnified parties") harmless from and against any claim or liability arising out of (a) any content you submit, share, upload, post or display on or to the Application; (b) any breach of or noncompliance with any representation, warranty or obligation in these Terms of Use, the limited warranty and return policy or the Privacy Policy; and (c) any claim that your use or the content you submit violates any applicable law or third party rights, including without limitation that it infringes the rights of a third party. You shall cooperate fully in the defense of any claim. RESQTHREADS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Application may be irreparable; therefore, RESQTHREADS is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

 

Force Majeure

RESQTHREADS is not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, or failures of third party service providers (including providers of internet services, hosting services and/or telecommunications).

 

Breach

In the event you breach these Terms of Use, our Privacy Policy or our Warranty and Return policy, RESQTHREADS may issue a warning, or may suspend, terminate, or restrict your activities on the Application. Any such action shall be taken in the sole discretion of RESQTHREADS and you agree not to hold RESQTHREADS responsible for any inconvenience or loss which you may incur as a result of RESQTHREADS taking any of the actions described above.

 

Sales tax

RESQTHREADS charges state, local and county taxes on online transactions, as required by applicable laws.

 

Applicable Law; Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in court of competent jurisdiction located in New York, and you hereby accept and submit to the personal jurisdiction of such New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

 

Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

 

No waiver

No failure on the part of RESQTHREADS to enforce any part of these Terms of Use shall constitute a waiver of any of RESQTHREADS’ rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by RESQTHREADS nor the reliance of any person on RESQTHREADS’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of RESQTHREADS shall have any legal effect whatsoever.

 

No Legal Effect

The paragraph titles in these Terms of Use, and in our limited warranty and return policy and Privacy Policy are for convenience only and have no legal or contractual effect.

 

Limitation of Actions

No action, regardless of form, arising out of these terms and conditions may be commenced more than one year after the cause of action has occurred, except an action for nonpayment.

 

Entire agreement

These Terms of Use, together with our Privacy Policy and Limited Warranty and Return Policy represent the whole legal agreement between you and RESQTHREADS and supersede and replace any prior agreements in relation to the products offered or sold by RESQTHREADS.

 

Termination

RESQTHREADS may terminate, change, suspend or discontinue any aspect of the Application or the Application's operation or services at any time. RESQTHREADS may restrict, suspend or terminate your access to the Application and/or its products and services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. RESQTHREADS maintains a policy that provides for the termination in appropriate circumstances of the Application use privileges of users who are repeat infringers of intellectual property rights.