Welcome to BEYOND THREADS LTD web, mobile site and mobile application.
These terms and conditions ( “Agreement” or “Terms” ) govern your use of the beyondthreadsltd.co website (the “Site” ), related Beyond Threads lTD website available (the “site” ), any other written, electronic, and oral communications with Beyond Threads lTD, or any websites, pages, features, or content owned and operated by us (collectively, including the Site and App the “Services” ). You must be age 16 or older to use the Services.
BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND SHEIN. AMONG OTHER THINGS, IT INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS AGREEMENT CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1.1 Services. The Site and the App are provided by Beyond Threads lTD Owned by Trend Trends LLC. Where applicable, “BEYOND THREADS LTD” , the “Company” , “we” , “us” and “our” shall refer to Beyond Threads lTD Services, LLC and its affiliates and “you” or “your” shall refer to the user of the Services.
The Services provide an online marketplace that enables users in the United States to purchase products from third-party sellers ( “Third-Party Seller(s)” ) and/or Beyond Threads lTD Distribution Corporation. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.
1.2 Updates to the Terms. We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. When changes are made, we will make a new copy of these Terms available on the Services, and we will also update the “Last Updated” date at the top of the Terms. We may also require you to provide consent to the updated Terms in a specified manner before further use of the Services (or certain functionality thereof) is permitted. By continuing to use or access any of the Services or otherwise engaging with Beyond Threads lTD after the posting of changes, you accept and agree to any such changes. IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE SERVICES.
1.3 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms, such as our Bonus Point Policy , Coupon Policy , Return Policy and Gift Card Policy ( “Supplemental Terms” ), the terms of which are hereby incorporated by reference. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to the applicable Services.
2.1 Use of Services. Subject to the terms and conditions of this Agreement, Beyond Threads lTD hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for the purpose of personal, non-commercial, shopping for items sold on the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a Beyond Threads lTD user account ( “User Account” ), including setting up a password. You may not use another person’s account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.
Your Wallet (defined below) will only work in the United States. If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.
We reserve the right to suspend or terminate your User Account and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. If your User Account is discontinued by Beyond Threads lTD due to your violation of any portion these Terms or for conduct otherwise deemed inappropriate, then you agree that you will not attempt to re-register with or access the Services through use of a different member name, user account or otherwise. You may terminate your User Account at any time, for any reason, by following any applicable instructions within the Site or App, or by contacting us as described in the “Contact Us” section below. If your Wallet (defined below) holds promotional points, promotional coupons or wallet credit at the time of termination or cancellation of your User Account, you may lose the ability to use those assets, except as provided by applicable law, if you do not reach out to Customer Service . To the fullest extent permitted by applicable law, Beyond Threads lTD will not have any liability whatsoever to you for any suspension or termination of your User Account.
By creating a User Account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
If you create a User Account, you will be provided with a Beyond Threads lTD digital wallet ( “Wallet” ) that can be used to collect and hold Wallet credits, promotional coupons, and promotional points, and to track gift cards (see details on each type below) issued by Beyond Threads lTD via the Services. The Wallet is provided as a convenience to enable you to readily access these features; you cannot load your own funds to the Wallet, and nothing maintained in the Wallet has any cash value except as expressly indicated below or as otherwise provided by applicable law. Wallet credits, promotional coupons, promotional points, and gift cards can only be redeemed, as applicable, in connection with purchase of products available on the Services in accordance with the terms below, and not for any other purpose. Wallet Credits and gift cards can only be redeemed in connection with the purchase of products sold by Beyond Threads lTD, not Third Party Sellers. The Wallet is accessible via the Site or the App in the section “My Assets” of your User Account. Wallet credits, promotional coupons, promotional points, and gift cards cannot be redeemed for cash, except as may be required under applicable law. You may view your total balance of the various items in your Wallet, including the value of Wallet credits available for redemption, in the “My Assets” section. This balance information is provided for your convenience only and is not intended to reflect, and does not constitute, an aggregate balance of funds available for you to spend and held on your behalf by Beyond Threads lTD (or any other party). Notwithstanding the foregoing, we do not permit the total aggregate nominal value (assuming redemption) of your various assets to exceed $2,000 at any time. In addition, we may further limit the amount of Wallet credits, gift cards, or coupons that you are able to maintain at any given time, at our sole discretion.
2.5 Interactions with Other Users. When interacting with others via the Services, including Third-Party Sellers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. You are solely responsible for your interactions with any other parties with whom you interact; provided, however, that Beyond Threads lTD reserves the right, but has no obligation, to provide support in the event of disputes between you and any Third-Party Sellers or other users of the Services. YOU AGREE THAT NEITHER BEYOND THREADS LTD NOR ITS LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD-PARTY SELLER OR OTHER USER OF THE SERVICES, AND THAT BEYOND THREADS LTD MAKES NO REPRESENTATIONS WITH RESPECT TO YOUR INTERACTIONS WITH THEM. BEYOND THREADS LTD AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH THIRD-PARTY SELLERS OR OTHER USERS OF THE SERVICES, OR YOUR USE OF OR INABILITY TO USE ANY ITEMS PURCHASED FROM A THIRD-PARTY SELLER THROUGH THE SERVICES.
2.6 Accurate Information; Customs. You must provide valid, complete, and accurate data of the type required on the Services when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All names and addresses (including for shipping and payment) must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, neither BEYOND THREADS LTD nor any Third-Party Seller will be responsible or be obligated to offer any compensation to you whatsoever. You hereby authorize BEYOND THREADS LTD to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and/or from your User Account. This includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds in connection with the purchase, shipment, or delivery of products you purchased or caused to be purchased via the Services. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods.
While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions, including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted. In the event we or a Third-Party Seller cancel all or part of an order, we will provide you with notice and a refund.
5.1 Prices and Orders. All product prices listed on the Services are exclusive of shipping charges and local sales and use tax and other taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order. A Colorado Retail Delivery Fee will be charged to you separately at the applicable rate on each order that is to be delivered to an address in Colorado. Similarly, any other regulatory fees that may be required by the state where your order is to be delivered will be charged to you separately, if applicable.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an order confirmation email. All amounts are in U.S. dollars unless otherwise noted on the Site or in the App.
For a detailed description of our order process, please visit How to Order . Credit cards are subject to verification and authorization by the card issuer. If you made a purchase through your User Account, your purchase and order history are available in the “My Orders” section of your User Account. By clicking “Buy Now” or “Place Order” and “Continue” in connection with an order on the Services, you are offering to purchase the applicable products available on the Services, the acceptance of such offer is in our and/or the Third-Party Seller’s, as applicable, sole discretion; confirmation of acceptance (if any) will be communicated to you in an order confirmation via email.
If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service Platform to correct the error.
Please note single-day purchase limitations: Customers in the United States cannot currently place order(s) that exceed $800 on a single day.
5.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.
5.3 Shipping. Although some of the products sold on the Services may be available to be shipped from a location within the United States, other products may be shipped from outside of the United States. We may include a “Quickship” tag on the product page of certain products. A “Quickship” tag will let you know that the item may be available to be shipped from a location in the United States. However, if such item is no longer available to be shipped from within the United States by the time your order is placed, it will be shipped from outside the United States.
5.4 Title and Shipment. Title to any purchased items fulfilled outside the United States transfers from the respective seller (i.e., Beyond Threads lTD Distribution Corporation if you purchase a product sold by Beyond Threads lTD or the Third-Party Seller if you purchase a product sold by a Third-Party Seller) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Title to any purchased items fulfilled in the United States transfers from the respective seller (i.e., Beyond Threads lTD Distribution Corporation if purchase a product sold by Beyond Threads lTD or the Third-Party Seller if you purchase a product sold by a Third-Party Seller) to you when the products are delivered to the shipping address provided by you. Any legitimate claims arising from loss or damage during delivery of the order by the carrier to your delivery address must be made to Customer Service within fourteen (14) days after your received the goods or should have received the goods (in case of lost goods). If we determine that your claim is valid, at our discretion, we will either replace the item that was damaged or lost during shipment (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms and conditions as set forth herein), or we will reimburse you the purchase price and shipping cost paid (provided that the shipping cost did not include other items that were delivered without damage).
5.5 Return of product. Returns of items purchased on the Services will be accepted in accordance with our Return Policy . Returns may only be made using the return shipping label we provide to you. Based on your request, we will either exchange the product or refund you the purchase price (free return shipping will only be available for one return per order). The refund will be credited either to your Wallet associated with your User Account (subject to Section 2.4 in these Terms) or your original method of payment at your election. If you choose a Wallet credit, you will not be able to redeem the Wallet credit for cash, except as required under applicable law. The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).
5.6 Purchases from Third-Party Sellers. Because BEYOND THREADS LTD does not own any of the products that are listed by Third-Party Sellers, all such products are purchased from and sold directly by such Third-Party Sellers. BEYOND THREADS LTD is not a party to any transaction for products listed by Third-Party Sellers, and accordingly, any contract for the purchase of products listed by Third-Party Sellers through the Services is entered into directly between the applicable purchaser and such Third-Party Seller. While SHEIN may facilitate these transactions through the Services (including by acting as limited payments agent on behalf of Third-Party Sellers to process payments on such sellers’ behalf), we have no control over and do not guarantee the existence, quality, timing, condition, safety or legality of products offered for sale by Third-Party Sellers through the Services; the truth or accuracy of listings for products sold by Third-Party Sellers; the integrity, responsibility, or any actions of any Third-Party Sellers; the ability of any Third-Party Sellers to sell products; or that any Third-Party Seller will actually complete a transaction. BEYOND THREADS LTD is not an auctioneer, seller, or carrier of any items that are listed for sale by Third-Party Sellers.
5.7 Release for Disputes with Third-Party Sellers. To the fullest extent permitted by applicable law, BEYOND THREADS LTD expressly disclaims any and all liability that may arise between you and any Third-Party Seller. The Services merely provide a venue for connecting our users with Third-Party Sellers. Because SHEIN is not a party to the actual contracts between you and any Third-Party Seller that you purchase a product from, in the event that you have a dispute with any Third-Party Seller, you release BEYOND THREADS LTD, its parents, subsidiaries, affiliates, and all of their officers, employees, investors, agents, partners and licensors, but excluding any Third-Party Sellers (each a “BEYOND THREADS LTD Party” and collectively, the “BEYOND THREADS LTD Parties” ) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
6.1 Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, “Content” ), as well as the design of any products offered on the Services, may be the property of BEYOND THREADS LTD or others and protected by copyright and/or other intellectual property laws. You may only access the Content as permitted under these Terms.
6.2 Marks. The trademark BEYOND THREADS LTD and other trademarks, service names, logos, designs, phrases, page headers, button icons, and scripts used by BEYOND THREADS LTD in connection with the Services, are trademarks, service marks, and trade dress of BEYOND THREADS LTD (collectively, the “Marks” ) in the United States and other countries. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used by you without the express written permission of BEYOND THREADS LTD. All other trademarks not owned by BEYOND THREADS LTD that appear in connection with products offered on the Services are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by BEYOND THREADS LTD. Use of the Marks on any portion of the Services, is not a representation that BEYOND THREADS LTD is the owner of any copyright or other intellectual property rights in the products offered for sale on the Services. BEYOND THREADS LTD sources some of its products from third-party manufacturers and wholesalers, and the Services offer products sold by Third-Party Sellers.
6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Services without the prior written consent of the Company or the respective owners. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to BEYOND THREADS LTD (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to freely duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and is subject to the Company’s review and monitoring. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. We reserve all rights not expressly granted in and to the Content.
You warrant that you have all necessary rights and authorizations to provide, upload, and submit your Submissions and to grant the rights and licenses to Submissions that you grant under these Terms. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions as authorized herein.
Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.
6.5 User Generated Content Policy. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to the Services, such contributed content shall be considered as user-generated content ( “UGC” ) to the extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following: disclosure of another person’s personal information, the publication of which would violate federal or state law, or otherwise be construed as harassment;
You further acknowledge and agree that BEYOND THREADS LTD, in its sole discretion, may remove, block any UGC for any reason, in its sole discretion, including any UGC that it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of your access to all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that BEYOND THREADS LTD is not obligated to police or actively review UGC prior to its display on the Services, and that you are therefore solely responsible for the UGC you elect to post on the Services.
The Services may contain links to third-party sites that are not owned or controlled by us. References on our Site and App to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
GENERAL TERMS & DISPUTES. WITHOUT LIMITATION OUR TEXT MESSAGING PROGRAM IS SUBJECT TO THESE COMPLETE TERMS, WHICH CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LEGAL DISPUTES AND ARBITRATION AGREEMENT SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US, INCLUDING WITHOUT LIMITATION, ANY CLAIMS RELATING TO TEXT MESSAGES YOU RECEIVE FROM US, TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE ARBITRATION SECTION BELOW.
9.1 Enrollment. You must expressly opt in to BEYOND THREADS LTD text messaging program (the “Program”) to receive Program messages. By enrolling, you expressly consent to receive recurring SMS and MMS messages from BEYOND THREADS LTD at the telephone number you designated, including advertising, marketing, news, updates, and other information from or on behalf of BEYOND THREADS LTD. You acknowledge and agree that Program messages may be sent using an automatic telephone dialing system, another automated system for the selection and dialing of telephone numbers, or any other messaging technology. Your consent to participate in our Program is not required (directly or indirectly) as a condition of purchasing any property, goods, or services and it is not required to use our Site, App, or Services.
9.2 Message Frequency. Program message frequency varies and we may change the frequency of the messages you receive at any time, including in response to your interactions with us.
9.3 Getting HELP. For Program support or assistance, text the keyword HELP to the short code or number from which you currently are receiving our text messages, respond with the keyword HELP to any message you receive from our Program, or email firstname.lastname@example.org
9.4 Opting Out. You can opt out from receiving SMS/MMS text messages through our Program by responding with the keyword STOP to any message you receive from our Program, or just texting STOP to the short code or number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. Please note that we may change any short code or telephone number we use to operate the Program at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and that we will not be responsible for honoring such requests.
9.5 Your Own Wireless Plan. Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.
9.6 Your Duties for Your Own Phone Number. If you enroll in the Program, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at Privacy Center immediately. The Program is offered on an “as-is”, “as-available” basis and may not be available in all areas or at all times and may not be supported by all wireless carriers. Neither we, our vendors, T-Mobile, and/or any other wireless carrier is liable for failed, delayed, misdirected, or undelivered messages.
9.7 Participation Subject to Termination or Change. If you enroll in BEYOND THREADS LTD Program, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.
11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL BEYOND THREADS LTD BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, LOSS OF BUSINESS OR MANAGEMENT TIME, BUSINESS INTERRUPTION, LOSS OF INCOME OR SALES, OPERATING LOSS, LOSS OF PROFITS OR CONTRACTS, LOSS OF FORECAST SAVINGS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT BEYOND THREADS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR THIRD-PARTY SELLERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION SUCH DAMAGES FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
11.2 Cap on Liability. UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, SHEIN WILL NOT BE LIABLE TO YOU ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY PRODUCT PURCHASED ON THE SERVICES FOR MORE THAN THE PURCHASE PRICE OF SUCH PRODUCT. FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BEYOND THREADS LTD LIABILITY TO YOU EXCEED $100.
11.3 Exclusions. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF DAMAGES IN THIS SECTION 11 SHALL NOT APPLY TO BEYOND THREADS LTD LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY BEYOND THREADS LTD NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY BEYOND THREADS LTD FRAUD OR FRAUDULENT MISREPRESENTATION. IN ADDITION, CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SHEIN AND YOU.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BEYOND THREADS LTD TO YOU.
12.1 Listing Information is provided “as is”. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided “as is”, with no express or implied warranties or conditions of the same, except those that may not be excluded by applicable law.
12.2 Products Sold by BEYOND THREADS LTD. If you purchase a product sold by BEYOND THREADS LTD on the Services, BEYOND THREADS LTD is obliged to deliver such product in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this Site; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.
TO THE FULLEST EXTENT PERMITTED BY LAW, BEYOND THREADS LTD HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO PRODUCTS SOLD BY BEYOND THREADS LTD, EXCEPT THOSE THAT MAY NOT BE EXCLUDED BY LAW.
12.3 Products of Third-Party Sellers. BEYOND THREADS LTD does not make any warranties regarding products that are OFFERED OR sold by Third-Party Sellers. BEYOND THREADS LTD EXPRESSLY DISCLAIMs ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO ANY PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If you buy a product that is sold by a Third-Party Seller, you assume, agree and understand that you bear all of the risks in purchasing such product via the Services. WITHOUT LIMITING THE FOREGOING, BEYOND THREADS LTD MAKES NO WARRANTY THAT ANY PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLERS WILL MEET YOUR REQUIREMENTS, BE DELIVERED IN A TIMELY MANNER, OR BE IN THE CONDITION DESCRIBED IN THE PRODUCT’S LISTING. BEYOND THREADS LTD MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH PRODUCTS.
12.4 Services Provided “As-Is”. BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APP, ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SERVICES, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, LEGALITY, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
12.5 Exclusions. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
13.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and BEYOND THREADS LTD agree that any dispute, claim, disagreement arising out of or relating in any way to your access to or use of the Site, App, Services or the Agreement and prior versions of the Agreement, including claims and disputes that arose between us before the effective date of this Agreement (each a “Dispute” ), will be resolved by binding arbitration, rather than in court, except that (i) you and BEYOND THREADS LTD may assert claims or seek relief in a small claims court if such claims qualify and remain in small claims court; and (ii) you and SHEIN may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
13.2 Waiver of Jury Trial. YOU AND BEYOND THREADS LTD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BEYOND THREADS LTD are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the paragraph entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
13.3 Class Action Waiver. YOU AND SHEIN AGREE THAT, EXCEPT AS SPECIFIED IN THE PARAGRAPH ENTITLED “BATCH ARBITRATION” BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf of any other parties in arbitration. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this paragraph, “Class Action Waiver” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and BEYOND THREADS LTD agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and shall be pursued in the courts indicated in paragraph 13.11 below. All other Disputes shall be arbitrated or litigated in small claims court. This paragraph does not prevent you or BEYOND THREADS LTD from participating in a class-wide settlement of claims.
13.4 Informal Dispute Resolution. You and BEYOND THREADS LTD agree to try to resolve any Dispute informally before resorting to arbitration. You and BEYOND THREADS LTD therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ( “Informal Dispute Resolution Conference” ). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ( “Notice” ), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to BEYOND THREADS LTD that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to email@example.com or regular mail to 447 Broadway NY New York United States 10013. Notice to you will be sent to the address or email address associated with your account or to your publicly available address or email address if you do not have an account with us. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
13.5 Arbitration Procedures. You and BEYOND THREADS LTD agree that this Arbitration Agreement affects interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., applies. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and BEYOND THREADS LTD agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. Any arbitration of a Dispute relating to your access to or use of the Site, the App, or Services, any products sold or distributed through the Site or the App primarily for personal, family or household purposes shall also be subject to the allocation of arbitration costs and other requirements of the JAMS’ policy regarding Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness available at https://www.jamsadr.com/consumer-minimum-standards/. JAMS’s rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Arbitration Rules. If there is a conflict between the JAMS rules and this Arbitration Agreement, this Arbitration Agreement shall control.
13.6 A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request” ). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. To initiate arbitration, you must send the Request to 447 Broadway NY New York United States 10013. If we initiate arbitration, we will send the Request to the address or email address associated with your account or to your publicly available address or email address if you do not have an account with us. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Unless you and BEYOND THREADS LTD otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration will be conducted in the county where you reside.
13.7 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and BEYOND THREADS LTD agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against SHEIN by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ( “Batch Arbitration” ). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ( “Administrative Arbitrator” ). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by BEYOND THREADS LTD. You and BEYOND THREADS LTD agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
13.8 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the paragraph entitled “Class Action Waiver,” including any claim that that same paragraph is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the paragraph entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
13.9 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to firstname.lastname@example.org within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. If the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the courts indicated in paragraph 13.11 below.
13.10 Invalidity, Expiration. Except as provided in the paragraph entitled “Class Action Waiver”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with BEYOND THREADS LTD as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
13.11 Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if BEYOND THREADS LTD makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to BEYOND THREADS LTD at 447 Broadway NY New York United States 10013, your continued use of the Site, the App and/or Services, including the acceptance of products and services offered on the Site or App following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site or the App, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. BEYOND THREADS LTD will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
13.12 Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Delaware (except for small claims court actions which may be brought in the county where you reside).
14.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
14.3 Electronic Communications. The communications between you and BEYOND THREADS LTD may take place via electronic means, whether you visit the Services or send BEYOND THREADS LTD e-mails, or whether BEYOND THREADS LTD posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from BEYOND THREADS LTD in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BEYOND THREADS LTD electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ( “E-Sign” ).
14.4 Indemnification. You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services, including any Third-Party Sellers; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. This provision does not require you to indemnify BEYOND THREADS LTD for any unconscionable commercial practice by BEYOND THREADS LTD or for BEYOND THREADS LTD fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder.
14.5 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
14.6 Applicable Law. These Terms along with your use of the Services and the purchase of products through Services shall be governed by the laws of the State of Wyoming, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the agreement.
14.7 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
14.8 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and BEYOND THREADS LTD agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in California
14.9 Notice. Where SHEIN requires that you provide an e-mail address, you are responsible for providing BEYOND THREADS LTD with a valid and current e-mail address. In the event that the e-mail address you provided to BEYOND THREADS LTD is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, BEYOND THREADS LTD dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to BEYOND THREADS LTD to 447 Broadway NY New York United States 10013. Such notice shall be deemed given when received by BEYOND THREADS LTD agent for service of process.
14.10 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
14.11 Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed jurisdiction (currently, Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic), or (b) to anyone designated on, or 50% or more owned or otherwise controlled by persons designated on, any governmental list of prohibited or restricted parties (including, but not limited to, the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or Foreign Sanctions Evaders List or the U.S. Department of Commerce’s Denied Person’s List or Entity List). By using the Service, you represent and warrant that (i) you are not located in a country or territory that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “state sponsor of terrorism” and (ii) you are not listed on, or 50% or more owned or otherwise controlled by persons designated on, any governmental list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. or other applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons proliferation. You acknowledge and agree that products, services or technology provided by BEYOND THREADS LTD are subject to the export control laws and regulations of the United States and other applicable jurisdictions. You shall comply with these laws and regulations and shall not, without prior U.S. or other relevant government authorization, export, re-export, or transfer BEYOND THREADS LTD products, services or technology, either directly or indirectly, to any jurisdiction in violation of such laws and regulations.
15.1 Notice Requirements
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright, trademark, or other intellectual property rights, please submit your complaint through our online intellectual property complaint portal. Alternatively, you may send a notice of claimed infringement to email@example.com with the subject “Takedown Request.” Any such notice must include the following information:
You may also send notices containing the above-required information to the following address:
Upon receipt of such notices, we reserve the right to remove or disable access to the material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the applicable material; and terminate access to and use of the Services for any user or Third-Party Seller who repeatedly infringes the intellectual property rights of BEYOD THREADS LTD or others, or as otherwise stated in this Agreement or our policies.
15.2 Counter Notice Requirements
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to our copyright agent designated above. In accordance with the Digital Millennium Copyright Act (“DMCA”), your notice must include substantially the following:
The removed material may be replaced or access to it may be restored 10 to 14 business days after the counter notice is processed unless the party claiming infringement files a lawsuit against you. Please be aware that if you misrepresent that material is not infringing, you may be liable for damages or penalties (including costs and attorneys’ fees). BEYOND THREADS LTD reserves the right to reject any counter notifications filed in bad faith.