114 Sansome St
San Francisco, CA 94104 [email protected]
Introduction & Scope
If you register as a Member, you represent and warrant to thredUP that: (i) you have the capacity to form a binding contract; (ii) you will provide thredUP with accurate, current and complete registration information.
When you create an account, you will create, or be issued with, a username and password. You shall be responsible for all use of the thredUP Site by means of usernames and passwords issued to you. It is your responsibility to safeguard your usernames and passwords and keep them confidential, and to avoid use of usernames and passwords on public computers or in any manner that would allow a third party to access your account. Your use of your username and password authenticates your identity as Member, and thredUP is entitled to act on transaction instructions received when your username and password is used, regardless of whether their use is authorized by you.
Usage of thredUP.com
Limit 1 account per household.
While using the thredUP Site, you agree that you will not:
- use the thredUP Site, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the thredUP Site;
- under any circumstances, create more than one account per household;
- seek compensation for items you explicitly send to thredUP that are not awarded credit per the payments terms stated at the time we sent you a thredUP bag;
- request the return of items you sent to us;
- circumvent or manipulate the fee structure, the billing process, or fees owed to thredUP;
- post false, inaccurate, misleading, defamatory, or libelous content, including personal information;
- transfer your thredUP account (including feedback) and Member ID to another party;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm thredUP, or the interests or property of thredUP members;
- copy, modify or distribute any content or materials from the thredUp Sites, any thredUP services or tools, or any of thredUP's trademarks;
- harvest or otherwise collect any information about members, including email addresses, mailing addresses, or member preferences without their or our consent; or
- hack, modify, circumvent or otherwise attempt to access portions of data contained within the thredUp Site that are not explicitly presented to you.
thredUP and the member community work together to keep our site and services working properly and safely. Please report problems, offensive content, and policy violations to us.
Fees and Services
There is no fee to join thredUP. We do charge fees for using our services. Our fee schedule, which we may change from time to time, is effective after we provide you with at least 15 days' notice by posting the changes on the thredUP Site. We may choose to temporarily reduce fees for our services for promotional events (like free envelope giveaways around the holidays) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Without notice and at our sole discretion, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date.
Our goal at thredUP.com is to provide accurate product and pricing information. Unfortunately, at times pricing or typographical errors may occur. thredUP.com cannot confirm the price of an item until after you order the item. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, thredUP.com shall reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is misplaced, thredUP.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method, as indicated on the thredUP Site. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal or other similarly approved online payment account.
Ownership of Materials on the thredUP Site.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the thredUP Site, excluding any Member Content (as defined below) (collectively, the “Site Content”) are proprietary to us or to third parties. All software used on the thredUP Site is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks “thredUP” and the thredUP logo are registered or unregistered trademarks of thredUP, and they may not be used in connection with any service or products other than those provided by thredUP, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits thredUP. Any use of such marks, or any others displayed on the thredUP Site, will inure solely to the benefit of their respective owners. Other trademarks or service marks used on this thredUP Site are the property of their respective owners and may not be used without permission.
Limitation of Liability and Disclaimer
Without limitation of the foregoing, thredUP makes no representations or warranties of any kind regarding the thredUP Site, the Site Content or the Member Content. The thredUP Site, Site Content and Member Content are provided in “AS IS” condition, and thredUP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE THREDUP SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES OR WEBSITE, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND BY A COURT OF COMPETENT JURISDICTION, OR BY AN ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES, TO BE LIABLE FOR ANY OTHER MEMBER'S CONTENT, ACTIONS OR INACTIONS, OR ITEMS THAT THEY SEND THROUGH THE SERVICE, OR FOR ANY OTHER MATTER OR THING IN CONNECTION WITH THE THREDUP SITE, OUR LIABILITY TO YOU SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE FIRST INSTANCE OF THE EVENT OR ACTION GIVING RISE TO THE LIABILITY, AND (B) $100. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH LIABILITY BY THREDUP.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM THREDUP ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE, SITE CONTENT OR MEMBER CONTENT, EVEN IF THREDUP HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
If you have a dispute with thredUP, you release us (and our officers, directors, employees, agents, subsidiaries, joint ventures and each of their officers, directors, employees, and agents) from and against any and all claims, demands, causes of action, liabilities, losses and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and/or the use of the thredUP Site.
Access and Interference
The information and Site Content on the thredUp Site is updated on a real-time basis and is proprietary to thredUP or is licensed to thredUP by our members or third parties. You agree that you will not use any robot, spider, scraper or other automated or manual means to access the thredUP Site for any purpose without our express written permission by letter or email executed by an authorized officer of thredUP.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any Site Content or Member Content (except for your own Member Content) from the thredUP Site without the prior express written permission of thredUP, by letter executed by an authorized officer of thredUP, and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the thredUP Site, or any activities conducted on or with the thredUP Site; or
- bypass other measures we may use to prevent or restrict access to the site, services or tools.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served at www.thredUP.com or to the email address you provided to thredUP during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given seven days after the date of mailing as evidenced by the earliest postmark on the envelope.
Digital Millennium Copyright Act
thredUP complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the thredUP Site you may contact our Designated Agent at the following address: %br
114 Sansome Street
San Francisco, CA 94104
Telephone: (617) 575-9676
Email: [email protected]
Any notice alleging that materials on this thredUP Site infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the thredUP Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the thredUP Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If material that you have posted to the thredUP Site has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
(g) a physical or electronic signature of the subscriber;
(h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which thredUP may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
Resolution of Disputes
If a dispute arises between you and thredUP, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and thredUP agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against thredUP must be resolved exclusively by a state or federal court located in San Francisco, California.
- Improperly Filed Claims - All claims you bring against thredUP must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, thredUP may recover attorneys' fees and costs up to $1000, provided that thredUP has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. If you do not agree with the amended terms, you should cancel your membership before the end of the 30 day notice period. If you continue your membership after the end of the 30 day notice period, you will be deemed to have accepted the revised terms.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.