ThreadThat.com Terms of Service
Your relationship with ThreadThat
- Your use of ThreadThat's products, software, services and web sites (referred to collectively as the 'Services' in this document and excluding any services provided to you by ThreadThat under a separate written agreement) is subject to the terms of a legal agreement between you and ThreadThat. 'ThreadThat' means Safe T Services Co. This document explains how the agreement is made up, and sets out all of the terms of that agreement.
- Unless otherwise agreed in writing with ThreadThat, your agreement with ThreadThat will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the 'Terms'.
Accepting the Terms
- In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
- Clicking to accept or agree to the Terms, where this option is made available to you by ThreadThat in the user interface for any Service; or
- By actually using the Services. In this case, you understand and agree that ThreadThat will treat your use of the Services as acceptance of the Terms from that point onwards.
- You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ThreadThat, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
- Before you continue, you should print off or save a local copy of the Terms for your records.
Language Translation of the Terms
- If there is any contradiction between what the English language version of the Terms states and what any translated version states, then the English language version shall take precedence.
Provision of the Services by ThreadThat
- You acknowledge and agree that you have no right to demand or expect any enhancements. You can report "bugs" and we will make every effort to make the current functionality work as stated in our FAQ.
- You acknowledge and agree that ThreadThat may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ThreadThat's sole discretion. ThreadThat promises to provide 60 days notice to all users in the event it decides to discontinue operations. You may stop using the Services at any time. You do not need to specifically inform ThreadThat when you stop using the Services.
- You acknowledge and agree that if ThreadThat disables access to your account for violating these Terms of Service, you will be prevented from accessing your account details and any files or other content which is contained in your account.
Use of the Services by you
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ThreadThat, unless you have been specifically allowed to do so in a separate agreement with ThreadThat. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- Unless you have been specifically permitted to do so in a separate agreement with ThreadThat, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that ThreadThat has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ThreadThat may suffer) of any such breach.
Your passwords and account security
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- Accordingly, you agree that you will be solely responsible to ThreadThat for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify ThreadThat immediately at email@example.com.
Privacy and your personal information
- You agree to the use of your data in accordance with ThreadThat's privacy policies.
- Section 13402 of the HITECH Act requires HIPAA covered entities to provide notification to affected individuals and to the Secretary of HHS following the discovery of a breach of unsecured protected health information. Further, section 13402(h) of the Act defines “unsecured protected health information” as “protected health information that is not secured through the use of a technology or methodology specified by the Secretary in guidance” and provides that the guidance specify the technologies and methodologies that render protected health information unusable, unreadable, or indecipherable to unauthorized individuals. Covered entities and business associates that implement the specified technologies and methodologies with respect to protected health information are not required to provide notifications in the event of a breach of such information—that is, the information is not considered “unsecured” in such cases. As required by the Act, the Secretary initially issued this guidance on April 17, 2009 (it was subsequently published at 74 FR 19006 on April 27, 2009). The guidance listed and described encryption and destruction as the two technologies and methodologies for rendering protected health information unusable, unreadable, or indecipherable to unauthorized individuals.
- If using ThreadThat to communicate Protected Health Information (PHI), users must use "Protected" Threads to be HIPAA/HITECH compliant. ThreadThat agrees to be acting as a "Business Associate" when transmitting PHI via "Protected" Threads only. It is the sole responsibility of the thread initiator to select "Protect this Thread with a Passkey" when using ThreadThat to store and communicate PHI.
- Although not legally required by the HITECH Act to do so, ThreadThat will immediately notify affected users of this service via their default email account should the owner of ThreadThat become aware of, and confirm, any security or data breach.
Content in the Services
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the 'Content'.
- You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to ThreadThat (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by ThreadThat or by the owners of that Content, in a separate agreement.
- You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Be aware that you will only be exposed to content by invitation from another ThreadThat user with whom you have agreed to be associated.
- You agree that you are solely responsible for (and that ThreadThat has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which ThreadThat may suffer) by doing so.
- You acknowledge and agree that ThreadThat (or ThreadThat's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ThreadThat and that you shall not disclose such information without ThreadThat's prior written consent.
- Unless you have agreed otherwise in writing with ThreadThat, nothing in the Terms gives you a right to use any of ThreadThat's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- ThreadThat acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that ThreadThat has no obligation to do so on your behalf.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.
- Unless you have been expressly authorized to do so in writing by ThreadThat, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from ThreadThat
- ThreadThat gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ThreadThat as part of the Services as provided to you by ThreadThat (referred to as the 'Software' below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ThreadThat, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ThreadThat, in writing.
- Unless ThreadThat has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- The Software, which you use, resides solely on our application server. Updates and bug fixes are automatically available to you once they are installed on our application server. No code is ever downloaded or installed on your computing device.
- ThreadThat makes regular updates to introduce new features and to keep abreast of changes in electronic communication. You acknowledge and agree, however, that you have no right to demand or expect any significant enhancements. You can report "bugs" and we will make every effort to make the current functionality work as stated in our FAQ.
Ending your relationship with ThreadThat
- The Terms will continue to apply until terminated by either you or ThreadThat as set out below.
- If you want to terminate your legal agreement with ThreadThat, just delete your account(s). All digital evidence of your association with ThreadThat will be immediately and permanently erased. This action is irreversible.
ThreadThat may at any time, terminate its legal agreement with you if:
- You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- ThreadThat is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- ThreadThat is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- The provision of the Services to you by ThreadThat is, in ThreadThat's opinion, no longer commercially viable.
- Nothing in this Section shall affect ThreadThat's rights regarding provision of Services under Section 4 of the Terms.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ThreadThat have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
Exclusion of Warranties
- Nothing in these terms, including sections 14 and 15, shall exclude or limit threadthat's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and 'as available.'
In particular, ThreadThat, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
- your use of the services will meet your requirements,
- your use of the services will be uninterrupted, timely, or free from error,
- any information obtained by you as a result of your use of the services will be accurate or reliable, and
- that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
- Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from ThreadThat or through or from the services shall create any warranty not expressly stated in the terms.
- ThreadThat further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
Subject to overall provision in paragraph 14.A above, you expressly understand and agree that ThreadThat, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
- any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
any loss or damage, which may be incurred by you, including but not limited to loss or damage as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- any changes which ThreadThat may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- your failure to provide ThreadThat with accurate account information;
- your failure to keep your password or account details secure and confidential;
- Above shall apply whether or not ThreadThat has been advised of or should have been aware of the possibility of any such losses arising.
- Subject to overall provision in paragraph 14.A above, you expressly understand and agree that ThreadThat, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
- This is currently an Ad-Free site, however, we reserve the right to support the operation of the site with ad revenue at our discretion.
- The manner, mode and extent of advertising by ThreadThat on the Services are subject to change without specific notice to you.
- In consideration for ThreadThat granting you access to and use of the Services, you agree that ThreadThat may place such advertising on the Services.
- The Services may include hyperlinks to other web sites or content or resources. ThreadThat may have no control over any web sites or resources which are provided by companies or persons other than ThreadThat.
- You acknowledge and agree that ThreadThat is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that ThreadThat is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
- ThreadThat may make changes to the Terms from time to time. When these changes are made, ThreadThat will make a new copy of the Terms available at http://www.ThreadThat.com/TOS.aspx and any new Additional Terms will be made available to you from within, or through, the affected Services.
- You understand and agree that if you use the Services after the date on which the Terms have changed, ThreadThat will treat your use as acceptance of the updated Terms.
General Legal Terms
- Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. In such cases, the Terms do not affect your legal relationship with these other companies or individuals.
- The Terms constitute the whole legal agreement between you and ThreadThat and govern your use of the Services (but excluding any services which ThreadThat may provide to you under a separate written agreement), and completely replace any prior agreements between you and ThreadThat in relation to the Services.
- You agree that ThreadThat may provide you with notices, including those regarding changes to the Terms, by email or postings on the Services.
- You agree that if ThreadThat does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ThreadThat has the benefit of under any applicable law), this will not be taken to be a formal waiver of ThreadThat's rights and that those rights or remedies will still be available to ThreadThat.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- The Terms, and your relationship with ThreadThat under the Terms, shall be governed by the laws of the State of Michigan without regard to its conflict of laws provisions. You and ThreadThat agree to submit to the exclusive jurisdiction of the courts located within the county of Wayne, Michigan to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ThreadThat shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Last Updated: January 26, 2014