TERMS AND CONDITIONS

Loose Threads LLC (“Loose Threads,” “we,” “us,” or “our”) welcomes you. We’re excited you’re joining as a member. This gives you  access to our services, which are made up of our weekly analysis and insights (“Insights”), conference calls, dinners and events (“Events”), private pages, and analyst hours (“Analyst Sessions”). These services are collectively referred to herein as the “Platform” or the “Services.”

We provide our Services to you subject to the following Terms of Use, which may be updated by us from time to time. We will notify you of any such updates.  By accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Sales Contract and Terms of Use (this “Agreement.”).  If you do not agree to any of these terms, then please do not use the Services.  

THE SECTION BELOW TITLED “CLASS ACTION WAIVER” CONTAINS A CLASS ACTION WAIVER.  IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

IN ADDITION, SECTION 5 BELOW EXPLAINS MEMBERSHIPS THAT RENEW AUTOMATICALLY AND HOW TO CANCEL THEM.  PLEASE READ SECTION 5 CAREFULLY.

  1. DESCRIPTION OF SERVICES

We provide “Visitors” and “Registered Users” with access to the Services as described in this Agreement.

  • Visitors.  No login is required for Visitors to the Website.  Visitors can (a) view all publicly-accessible content, (b) e-mail us, and (c) chat us.
  • Registered Users.  Login is required for all Registered User services.  Registered Users get access to the Services.

We are under no obligation to accept any individual as a Registered User, and we may accept or reject any registration in our sole and absolute discretion.

  1. COMMUNITY GUIDELINES

Loose Threads’ community, like any community, functions best when its people follow a few simple rules.  By accessing and/or using the Services, you hereby agree to comply with these community rules and that:  

  • You will not use the Services for any unlawful purpose, including any fraudulent activity, or to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not access or use the Services to collect any market research for a competing businesses;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, directly or indirectly, except for Internet search engines (e.g., Google);
  • You will not create multiple accounts for yourself for any reason, including, without limitation, in order to obtain the same promotion multiple times;
  • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; and  
  • You are not guaranteed admission to the Events, even if you are a Registered User.

We reserve the right, in our sole and absolute discretion, to deny you (or any device or IP address) access to the Services, or any portion of the Services, without notice.

  1. RESTRICTIONS

The Services are available for individuals aged 13 years or older.  If you are 13 or older, but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.  

  1. PAYMENT

You pay for the Services on a subscription basis. You will be invoiced by the Company for either the full amount of your subscription, or a lesser regular payment amount, in the Company’s sole and absolute discretion. Your applicable payment amount will be paid in a manner determined by you and the Company. If you pay by credit card (or another approved facility), you agree that Loose Threads may immediately authorize your credit card (or other approved facility) for payment for any order made under your Password (as defined below) for the full price of your subscription or any portion thereof. If you do not pay the full fee immediately you authorize us to charge your credit card (or other approved facility) for the remainder of the fee at any point within the subscription period.

We currently have three different tiered pricing options, which we reserve the right to change or modify in our sole and absolute discretion. We will provide you with notice of any such change.

Annual

  • Light membership for $425 per Member per twelve month period;
  • Core membership for $995 per Member per twelve month period;
  • Plus membership for $5,000 per Member per twelve month period;
  • Premier membership for $25,000 per Member per twelve month period;

Monthly

  • Light membership for $45 per Member per month;
  • Core membership for $99 per Member per month;
  • Plus membership for $500 per Member per month;
  • Premier membership for $2,500 per Member per month;

Student

  • Student membership for $49 per Member per month for eligible undergraduate and graduate students.

As set forth more fully in Section 6 below, you must keep your Password strictly confidential.  You are responsible for all activities and charges that occur under your Password.  Your liability for such charges shall continue after termination of this Agreement.

If you have a question about a transaction or an invoice, please contact us through our Website.

If you do not pay any applicable fees, or your credit card is rejected, the Company reserves the right in its sole and absolute discretion to suspend the Services.

  1. CANCELLATION; REFUNDS; RENEWAL

You may cancel your subscription at any time by written notice to the Company. Your cancellation shall be effective as of the last date of the calendar month in which you give notice of cancellation to the Company. Upon the effective date of your cancellation, or any cancellation of the Company pursuant to Section 13 hereof, you shall be entitled to a refund of any prepaid fees for the remaining subscription period pro-rated on a monthly basis; provided, however, that the Company reserves the right to retain three (3) months of fees from any refund.  If you are on a monthly or student plan you shall not be entitled to receive any refund.  

Annual members will be given the option to renew your subscription for the services at the end of the twelve month period (the “Term”). You must choose to renew the services at the end of each Term. If you do not elect to renew the services your subscription will be terminated at the end of your Term.

MONTHLY AND STUDENT MEMBERSHIPS WILL AUTOMATICALLY RENEW EACH MONTH UNLESS CANCELLED PURSUANT TO THE TERMS OF THIS AGREEMENT (THE “AUTOMATIC RENEWAL”). BY PURCHASING THE SERVICE YOU AGREE TO THESE TERMS AND FURTHER YOU AFFIRMATIVELY CONSENT TO THE AUTOMATIC RENEWAL UNTIL OTHERWISE CANCELLED BY YOU. IF YOU WISH TO CANCEL THE AUTOMATIC RENEWAL YOU MAY DO SO BY NAVIGATING TO YOUR ACCOUNT DASHBOARD AND CANCELING THE SUBSCRIPTION, OR BY NOTIFYING THE COMPANY IN WRITING.

  1. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Registered Users, we will ask you to create an account, which includes a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”).  When creating your account, you must provide true, accurate, current, and complete information.  Each Sign-In Name and corresponding Password can be used by only one Registered User and you are prohibited from sharing your Sign-In-Name and your Password with any other person.  You are responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers.  You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier.  We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason.  

  1. INTELLECTUAL PROPERTY

The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Loose Threads (collectively referred to as the “Content”).  The Content may be owned by us or by third parties.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, disseminate, or otherwise use the Content in any way for any public or commercial purpose.  Limited and occasional use or posting of the Content on another website or in a networked computer environment is permissible. The Company reserves the right, in its sole and absolute discretion, to determine what constitutes “limited” and “occasional” use.

If you violate any part of this Agreement, the Company reserves the right to terminate your permission to access and/or use the Content and the Services.

The trademarks, service marks, and logos of Loose Threads (“Loose Threads Trademarks”), whether now existing or obtained in the future, used and displayed on the Services are registered and unregistered trademarks or service marks of Loose Threads.  Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Loose Threads Trademarks, the “Trademarks”).  Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of Loose Threads Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors.  None of the Content may be retransmitted without our express, written consent for each and every instance.

  1. COMMUNICATIONS TO LOOSE THREADS AND USER SUBMISSIONS

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information.  To the extent that you send us confidential information, please label it “Confidential” and we will use commercially reasonable efforts to keep it confidential.

You retain all copyrights and other intellectual property rights in and to anything you post to the Services, discuss at Events or at Analyst Sessions.  You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions and ideas you provide to us in any media now known or hereafter devised and for any purpose, whether while using the Services, at Events or Analyst Sessions, or otherwise.  

  1. NO WARRANTIES/LIMITATION OF LIABILITY

THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

WE RESERVE THE RIGHT TO REPORT ANY FRAUDULENT OR INAPPROPRIATE CONDUCT TO APPROPRIATE AUTHORITIES AT OUR DISCRETION.

  1. EXTERNAL SITES

The Services may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

  1. INDEMNIFICATION  

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Services.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

  1. COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Services or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

  1. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole and absolute discretion, to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of the Services, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

Loose Threads respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Loose Threads LLC

110 East 25th Street 

New York, NY 10010

Attn: Loose Threads

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

  1. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or litigation or other proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated, litigated, or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  1. MISCELLANEOUS  

You expressly acknowledge and agree that this Agreement is formed in the State of New York. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of New York, without giving effect to its principles of conflicts of laws.  If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect:  “Payment; Refunds,” “Deliveries,” “Intellectual Property,” “Communications to Loose Threads,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Class Action Waiver,” and “Miscellaneous.”  

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. 

Last Updated: 11/12/17.