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5 for 5 Club Terms & Conditions 2021

5 for 5 Club Terms & Conditions 2021

FIVE for FIVE Club Terms & Conditions 2021

5 for 5 Club Terms & Conditions 2021

Applicability

These terms and conditions (“Terms”) apply to your participation in the FIVE for FIVE Club operated by Nisolo, LLC, a Delaware limited liability company (“Nisolo”). Your membership and participation in FIVE for FIVE Club is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all members who join the FIVE for FIVE Club. By joining the FIVE for FIVE Club and ordering products under your membership, you agree to be bound by these Terms.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

How the Program Works

You will pay a one-time, up-front fee of $500 in exchange for two credits per year (one every 6 months) for the next five years, redeemable for any pair of Nisolo branded shoes or accessory on our site. Nisolo cannot guarantee all sizes, styles, and colors will always be in stock. Each credit expires exactly 6 months after you receive such credit. If you do not redeem a credit during the 6 months after which the credit is received, you forfeit rights to redeem such credit. The FIVE for FIVE Club offers a 30-day money back guarantee from when you purchase a membership, provided that no credit has been used. Except for the limited 30-day money back guarantee as described in the immediately preceding sentence, the $500 up-front fee is non-refundable. Shipping, taxes, returns and exchanges are governed by Nisolo’s standard policies, which can be found on Nisolo.com.

Changes

Nisolo reserves the right, in its sole discretion, to modify or replace these Terms at any time. The latest version of these Terms will be posted on Nisolo’s website, and you should review these Terms prior to purchasing any product or services that are available through Nisolo’s website. Your continued use of Nisolo’s website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

Force Majeure

Nisolo will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable goods, materials or telecommunication breakdown or power outage.

Disclaimer of Warranties

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NISOLO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE FIVE FOR FIVE CLUB (INCLUDING THE PRODUCTS AVAILABLE FOR CREDIT REDEMPTION), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

By purchasing your FIVE for FIVE Club membership, you acknowledge and assume all risks regarding the FIVE for FIVE Club membership, including, without limitation, the risk that certain products and sizes may not be available and that fees paid to Nisolo pursuant to this program are non-refundable even if Nisolo is for any reason unable to fulfill any credit redemptions or orders during any portion of the five year term of your FIVE for FIVE Club membership.

Assignment

These Terms and your FIVE for FIVE Club membership are personal to you. You may not assign these Terms or your FIVE for FIVE Club membership without the prior written consent of Nisolo. Nisolo may assign any of its rights and responsibilities hereunder at any time, without your consent, at its sole discretion. These Terms will insure to the benefit of the Nisolo’s successors and assigns.

Governing Laws and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Tennessee.

California Civil Code Section 1789.3 Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding our site and the FIVE for FIVE Membership Club, please contact our Customer Service at our address set forth below under “Contact Us.” Also, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Entire Agreement

Our order confirmation and these Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Third Party Sites

Nisolo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Nisolo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Contact Us

If you have any questions about these Terms, please contact us at the following address: Nisolo, 1803 9th Avenue North, Nashville, TN, 37208 or (615) 953-1087.

FIVE for FIVE Club FAQS

Further questions? Explore the Five for Five Club's most-asked questions.

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