Last Updated: Jan 21, 2025
PLEASE NOTE: THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE RESOLVED. PLEASE CAREFULLY REVIEW THE ARBITRATION SECTION BELOW FOR DETAILS.
Acceptance of Terms
The following Terms of Use (these “Terms of Use”) including the terms and condition of any other policies these Terms of Use link or refers to, govern your access to and use of the nisolo.com website, or one of our other websites, applications or other services from which you are accessing these Terms of Use (individually and collectively referred to herein as the “Website”). The Website is made available by Project Bound Inc. d/b/a Nisolo (collectively, “Company,” “we” or “us”). The terms “you,” “your” and “user” refer to anyone who accesses or visits the Website.
We reserve the right to change these Terms of Use from time to time without notice to you, and any such changes will be effective upon publication on the Website.
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ARE OTHERWISE DISSATISFIED WITH THE WEBSITE, PLEASE DO NOT ACCESS OR USE THE WEBSITE.
This Website is offered and made available only to users thirteen (13) years of age or older and certain features on this Website (including, but not limited to, user registration) may be subject to other eligibility requirements. If you are not yet 13 years old and/or do not meet any other eligibility requirements, please discontinue using the Website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Website immediately, because by using or attempting to use the Website, you certify that you are at least thirteen (13) years of age or other required greater age for certain features and meet any other eligibility requirements of the Website.
The information and features included in this Website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to the Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Ownership of Proprietary Rights
Except for your Submitted Materials (as that term is defined below), the Company and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Website, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Website Content”), the look and feel, design and organization of the Website, and the selection, compilation and organization of the Website Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership or title of, in or to any Website Content or any other part of the Website, nor does it grant you any license to use or display the same except as expressly permitted herein.
The trademarks, logos, service marks and trade names displayed on the Website or as part of the Website Content (including, without limitation, NISOLO) are registered and unregistered trademarks of the Company and other persons (collectively, the “Trademarks”), and may not be used unless expressly authorized by the Company. Nothing contained on the Website should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any trademark displayed on the Website or as part of the Website Content, without our written permission or that of the applicable third-party rights holder. You may not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
Limited License
Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Website and Website Content on your computer or other device, provided that you comply fully with these Terms. The Website and Website Content are for your personal, educational and non-commercial use only. No part of the Website or Website Content (or any of our products advertised or sold on the Website) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
User Accounts
Using certain features on the Website may require creating an account (“Account”) and submitting personal information (including a creative username and password to access the Account). The Website’s information collection and use policies are set forth in the Company’s Privacy Policy, which is incorporated herein by reference. You agree to provide only accurate, true, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Website for any reason.
Submitted Materials
Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, reviews, ratings, feedback or other materials submitted or transmitted through the Website in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.
By submitting, uploading, posting or sending Submitted Materials to, on or through the Website, you: (i) represent and warrant that either (a) your Submitted Materials are original to you and that no other party has any rights thereto, or (b) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Website for our use, in accordance with these Terms of Use and with any purposes that may be described on the Website, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Website), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.
Rules of Conduct
While accessing or using the Website, the Website Content and the various other features available on the Website, you warrant and agree that you shall not:
- violate any law, rule or regulation;
- use or access the Website for any unlawful manner and/or for any unlawful purpose, or in any manner inconsistent with these Terms of Use;
- impersonate any person or entity, whether actual or fictitious, including anyone from the Website or the Company, or misrepresent your affiliation with any other person or entity;
- register as a user of the Website by providing false, inaccurate, or misleading information and/or create a false identity on the Website, misrepresent your identity, create a user account for anyone other than you or your organization, or use or attempt to use another’s account;
- violate the security of the Website, or obtain or attempt to gain unauthorized access to the Website, the Website Content, computer systems or networks connected to any server associated with the Website and/or the Website Content;
- sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Website, or otherwise permit any third party to use or have access to the Website for any purpose (except as expressly permitted by us in writing);
- circumvent, reverse engineer, decompile, decrypt, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Website, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Website or its services or any software on the Website;
- monitor the Website’s availability, performance or functionality for any competitive purpose;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
- Distribute, house, process, propagate, store or other handling of, any material prohibited by these Terms of Use, or any material that may create a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that Company deems, in its sole discretion, to be objectionable whether or not such material is unlawful;
- send, knowingly receive, upload, download, use or re-use any material which does not in its entirety comply with all applicable federal, state, local and international laws and regulations or, without limiting the foregoing, does any of the following (“Content Guidelines”):
- contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- promote any illegal activity, or advocate, promote or assist any unlawful act;
- give the impression that they emanate form or are endorsed by us or any other person or entity, if this is not the case;
- violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, the Company’s Privacy Policy and/or any other policies implemented by Company in connection with the Website; and/or
- be likely to deceive any person.
- transmit, or procure the sending of, any any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability;
- collect personal data about other users of the Website for commercial or any other purposes not specified herein;
- override any security feature or bypass or circumvent any access or security controls or use limits of the Website (including without limitation, caps on keyword searches or profile views);
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
- access or use the Website in any manner that could overburden, disable, damage or impair the Website or interfere with any other party’s use of the Website including, without limitation, their ability to engage in real time activities through the Website;
- Access or use the Website in a manner that uses any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the Company’s prior written consent;
- exploit the Website or collect any data incorporated in the Website in any automated manner through the use of, metaspiders, crawlers or any other automated means;
- develop, support or use software, devices, scripts, robots or any other means or processes (including, without limitation, crawlers, browser plugins and add-ons or any other technology) to scrape the Website or otherwise copy profiles and other data from the Website;
- use bots or other automated methods to access the Website, add or download contacts, send or redirect messages;
- introduce any viruses, trojan horses, worms, logic bombs, or other materials which is malicious or technologically harmful; or
- Access and/or use the Website in a manner that otherwise attempts to interfere to interfere with the proper working of the Website.
Public Forums
The Website may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, ratings and reviews, blogs and other similar forums, areas and services) (collectively, the “Forums”). These Terms of Use apply to your use of the Forums as part of the Website. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Website and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.
Right to Monitor and Editorial Control
We may (but have no obligation to) monitor or review anything submitted to the Website. We neither sponsor, endorse, control, nor bear responsibility for any such materials. However, we may disclose any information or materials (including your Submitted Materials) as necessary to satisfy any law, regulation or government request, or we may edit, refuse to post or remove any such content, in whole or in part, which violate these Terms of Use, our policies or applicable law, or which in our sole discretion are objectionable. Using the Website may expose you to content of others that may be offensive, indecent, or objectionable to you, and we are not liable for such content.
Indemnification
You agree to defend, indemnify and hold the Company and our directors, officers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys' fees, arising from (i) your use of the Website or the Website Content in violation of any law, rule, regulation or these Terms, or (ii) any part of your Submitted Materials. The Company may, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree fully to cooperate with any such defense.
Termination
The Company reserves the right to terminate, change, suspend, restrict or discontinue any aspect of the Website at any time if we believe you are in breach of these Terms of use, or applicable law, or for any other reason in our discretion, without notice or liability.
Orders
By placing any order through the Website, you are representing that you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Website may be subject to additional terms and conditions presented to you during such purchase or download. By ordering products from the Website, you agree that you are bound by and have rights under these Terms of Use, as well as the Company’s Privacy Policy, any return, refund and/or exchange policies, which are incorporated by reference into these Terms of Use.
We reserve the right to refuse any order you place through the Website. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products or services purchased through any of the Website for commercial purposes.
By purchasing from the Website, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect on any unpaid debt and to obtain credit card authorization. Our information collection and use policies are set forth in the Website’s privacy notice, which is incorporated herein by reference.
Product availability on the Website is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Website may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Website and stores or between geographies. Prices displayed on the Website are quoted in USD and are valid and effective only in the United States.
Pricing and Other Errors
The Company has made every effort to display as accurately as possible the colors and features of our products on the Website. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Website is not accurate, complete or current.
In addition, most of our products are handmade, and, therefore, may come with minor flaws or variations in natural materials like leather. Please take this into consideration prior to purchasing a product.
From time to time, information on the Website might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes to the Website. Any reliance on the information on the Website is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Website Content without prior notice.
Prices and availability of products and services are subject to change without notice. The Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
Domestic Orders - Returns, Refunds & Exchanges
The Returns, Refunds & Exchanges policies set forth in this Section are applicable to orders of products placed by customers located domestically, and within the United States. Subject to the exclusions below, if you are not satisfied with your order for any reason, you may initiate a return of products. The Company has full discretion to accept a request for return. Without limitation, the products subject to the return request shall be in new, unused condition, with original tags attached and all original packaging and other components included, when accompanied by an original receipt/invoice or gift receipt. Returned products must not be washed, worn or altered. The Company does not accept returns of custom-made or personalized items or items that are designated as final sale or clearance. To be clear, final sale items are not returnable. In addition, any returns must be initiated, and Company must receive the returned products, within twenty-one (21) days from the date of purchase. You may initiate a return at the following: https://nisolo.fratereturns.com/. In the event marketplace facilitators require a conflicting return timeframe, the marketplace facilitator’s return timeframe is honored.
In connection with any such returns, Company will assess a restocking fee in the amount of $10.00 (USD). Any return for store credit is eligible for a $10.00 (USD) bonus upon return. Please note that the original shipping costs are non-refundable. Credit for your returned item(s), minus the Restocking Fee and shipping costs, will be refunded back to your account in the same form of payment used to purchase the item(s). The credit should appear on your next statement. You should receive an email confirming the completion of return processing.
Alternatively, you may be eligible to receive one free exchange per order. Through our returns partner, Frate Returns, you can exchange the product for an alternate color or size. Please note that if you are looking to purchase an alternate style, you may want to consider returning your item for store credit and placing a new order online.
International Orders - Terms and Conditions
In connection with orders of products placed through the Website by a customer located internationally, the Company collaborates with Passport Global, Inc. (“Passport”), a third party platform, to facilitate the sale and delivery of such orders internationally. As Passport is an independent, unaffiliated third-party service provider, Company is not responsible or liable for any acts or omissions on Passport’s part. Prior to submitting an international orders through the Website, you should make sure you understand and agree to Passport’s Terms and Conditions, Privacy Policy and any other applicable policies governing Passport’s services. For purposes of these Terms of Use, a “Qualifying Customer Order” is a customer order that is eligible for Passport’s international shipping services based on certain parameters as defined by Passport.
Please note that if you place a Qualifying Customer Order, the products that you are purchasing will be sold first by Company to Passport, and then by Passport to you under Passport’s Terms and Conditions. As set forth in the Privacy Policy, your payment information, shipping address and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order. In that regard, your Qualifying Customer Order is subject to (a) Passport’s Terms and Conditions; and (b) these Terms of Use. By completing your purchase, you confirm that you have read and agree to be bound by all of these. In addition, by placing a Qualifying Customer Order on the Website, you understand and agree that:
- You are dealing with and providing your information to Passport. Passport may contact you about your order.
- If there is an error in the price listed for a product on the Website, or in the price applied to the product during the sale of and processing of your order for the product(s), Passport and its nominated agents are entitled to contact you, correct the price and/or cancel your order.
- Once your payment is processed, ownership in the items will shift from Passport to you.
- Certain addresses including, without limitation, postal office (PO) boxes may be ineligible for shipment.
- Passport may refuse services, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
- If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
- You authorize Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of the products subject to a Qualifying Customer Order: (a) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonized System (HS) codes, and paying any duties, tariffs, taxes or penalties required under applicable laws and regulations; (b) to act as forwarding agent for customs import or export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (c) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorized.
Currency: In connection with international orders, you may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
Billing: If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to these Terms of Use.
Shipping: Products in your order may be shipped via a single shipment, or via multiple shipments.If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.
Customer Service. Questions or complaints about your order should be directed to the Company in the first instance. Passport may work with the Company as necessary to resolve your issue.
Returns and Refunds and Policies. The Returns, Refunds & Exchanges policies set forth in this Section are applicable to orders of products placed by customers located internationally including Qualifying Customer Orders. Subject to the exclusions below, if you are not satisfied with your order for any reason, you may initiate a return of products. The Company has full discretion to accept a request for return. Without limitation, the products subject to the return request shall be in new, unused condition, with original tags attached and all original packaging and other components included, when accompanied by an original receipt/invoice or gift receipt. Returned products must not be washed, worn or altered. The Company does not accept returns of custom-made or personalized items or items that are designated as final sale or clearance. To be clear, final sale items are not returnable. In addition, any returns must be initiated, and Company must receive the returned products, within twenty-one ) days from the date of purchase. You may initiate a return at the following: https://nisolo.fratereturns.com/.
In connection with any such returns, Company will assess a restocking fee in the amount of $15.00 (USD). Any return for store credit is eligible for a $10.00 bonus upon return. Please note that the original shipping costs, duties, tariffs and taxes are non-refundable. Credit for your returned item(s), minus the Restocking Fee and shipping costs, duties tariffs and taxes, will be refunded back to your account in the same form of payment used to purchase the item(s). The credit should appear on your next statement. You should receive an email confirming the completion of return processing. We do not accept exchange requests with international orders. However, you initiate a return for store credit and place a new order using the store credit.
Notwithstanding the Company’s return and refund policies Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Company. Where a return by the customer is authorized by Passport or the Company, Passport shall also have the right to return the item to Company and accordingly the Company shall issue a credit note to Passport and Passport shall provide a credit note to the customer, and Passport’s direction, ownership and risk in the products for return shall pass directly to the Company. Where a return is authorized by Passport or the Company, the Company shall, at Passport’s direction and acting in its name, provide a credit note to the customer to the extent of the value of the product(s) authorized to be returned directly to the Company. In relation to any return of products to the Company, you authorize Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties , tariffs and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the products and the recovery of any import duties and taxes.
Compliance With Applicable Laws. You certify that any products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws including, without limitation, the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any products that you order from the Company’s website. By placing a Qualifying Customer Order, you certify that the import of the products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
Modifications. You acknowledge that Passport may make changes to its system, policies, and its Terms and Conditions at any time. Passport will ensure that the current version of its Terms and Conditions is presented every time you make a Qualifying Customer Order on the Company’s website. You are responsible for reviewing Passport’s Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in Passport’s Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions of Passport.
Linked Websites
The Website may contain links to other websites, resources, products and/or services operated, maintained and owned by third parties including, without limitation, advertisements (“Third Party Links”). The Third Party Links are being provided for your convenience only, and do not constitute an endorsement by or association with the Company of such Third Party Links. We have no control over the content of the Third Party Links, and accept no responsibility for them or for any loss or damage the may arise from your use of them. If you decide to access any Third Party Links, you do so entirely at your own risk, and subject to the terms and conditions of use for such Third Party Links.
Information About You and Your Visits to the Website
All information we collect on the Website is subject to the Company Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Company Privacy Policy.
Promotions
The Website may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Website, you signify your agreement and acceptance of these Terms of Use and any applicable sweepstakes or contest rules which we may provide.
Copyright Infringement/DMCA Notice
If you believe that any aspect of the Website violates your or a third party’s copyright, please provide written notice (“DMCA Notice”) to the Company as set forth herein or otherwise provided by the Digital Millennium Copyright Act, as it may be amended from time to time. The DMCA Notice must include (a) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (b) a description of the copyrighted work that is believed to have been infringed upon; (c) a description of precisely where the alleged infringing work is located on the Website; (d) the Copyright Owner’s mailing address, telephone number and email address; (e) a statement by the Copyright Owner that they have a good-faith belief that the disputed use is not authorized by the Copyright Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the work; and (f) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that they are the Copyright Owner or are authorized to act on the Copyright Owner's behalf. The DMCA Notice should be immediately delivered to the Company pursuant to the “Notices” provision below and directed to the attention of the “Copyright Agent.” You acknowledge and agree that your failure to properly comply with the requirements of the law and/or this provision may make your DMCA Notice invalid.
SMS Terms of Service
If you elect to receive marketing and support text messages from us, either via the Website or by sending a text message indicating your consent, you are providing your prior express written consent to receive automated recurring personalized marketing or promotional text messages (including cart reminders) and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate. These may include cart abandon or reminder messages. Message frequency may vary. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or please visit Attentive’s (our text support partner) website on Attentive and submit the form with details about your problem or your request for support, or email support@nisolo.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your mobile phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our privacy notice to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL FORUMS, WEBSITE CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, THE FORUMS, THE WEBSITE CONTENT, OR THE FUNCTIONS THEREOF WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE WEBSITE, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE HEREIN (OR IN ANY POLICY OR DOCUMENT INCORPORATED HEREIN). THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY WEBSITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE WEBSITE, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, PROFITS, OR GOODWILL, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE WEBSITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF ANY SITE, OR (B) ONE HUNDRED DOLLARS ($100). ALL USERS OF THE WEBSITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.
Website Maintenance
From time to time the Website may undergo maintenance or become unavailable due to unforeseen reasons (“Down Time”). You acknowledge and agree that the Company assumes no responsibility and shall not be liable for any loss or damage, including but not limited to loss of profits, anticipated revenue, savings or goodwill, or other economic loss arising out of or is in any way connected with the Down Time.
Artificial Intelligence or Machine Learning
We use features or technologies by our third-party service providers that leverage artificial intelligence or machine learning (collectively, "AI") in connection with the Website to provide enhanced search results and/or product recommendations, or to facilitate a more seamless customer service chatbot experience. We do not utilize AI in a manner that would produce decisions with legal or similarly significant effects on the Website.
Jurisdictional Issues
The Website is intended for users located in the United States of America, Canada, United Kingdom, European Union, Australia and New Zealand. We generally control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who access or use the Website from other locations are responsible for compliance with any applicable local laws. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders; or (c) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Governing Law
These Terms of Use and the relationship between you and us shall be governed by the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any cause of action arising under the Terms of Use shall be commenced and be heard in the appropriate court in the State of Delaware, County of Kent. Subject to the Arbitration Section below, you agree to submit to the personal and exclusive jurisdiction of the courts located within Kent County in the State of Delaware.
Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND THE COMPANY AGREE THAT ANY DISPUTE (AS DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION EXCEPT AS OTHERWISE PROVIDED HEREIN.
For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies arising out of or related in any way to these Terms, your use of the Website, products or services offered, sold, or distributed by the Company, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications with or your relationship with the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the Dispute arises after the termination of your relationship with the Company, or if the Dispute arose before you entered into these Terms of Use or out of a prior agreement with the Company.
The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. These Terms of Use and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.
You and the Company agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.
Mandatory Notice of Dispute and Informal Dispute Resolution
Prior to initiating arbitration, you and Company each agree to first provide the other with a detailed written notice (“Notice of Dispute”), which includes the following: (a) the name, telephone number, mailing address, email address, and Account number (if applicable) of the person or entity providing the notice; (b) sufficient information to enable you or the Company to identify any transaction at issue (including any receipts or order confirmations); (c) a detailed statement of the legal claims asserted and the factual basis for those claims; and (d) a detailed description of the remedy sought and an accurate, good-faith calculation of the amount in controversy.
The Notice of Dispute must be personally signed by the party initiating the Dispute (and their counsel, if represented). Your Notice of Dispute to the Company must be sent by mail to the Company at the address set forth below, Attention: Legal Department. The Company’s Notice of Dispute to you must be sent by mail or email to the most recent contact information that you have provided to the Company.
For a period of sixty (60) days from the date of receipt of a completed Notice of Dispute from the other party, you and the Company agree to make attempts to resolve the Dispute prior to commencing an arbitration. If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.
Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
If the sufficiency of a Notice of Dispute or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
Arbitration Procedure
The arbitration shall be administered by the AAA, and heard by a single, neutral arbitrator. Except as modified by these Terms, AAA shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the AAA Consumer Arbitration Rules and/or the AAA Mass Arbitration Supplemental Rules, as applicable (“AAA Rules”). The AAA Rules, fee information, forms and instructions to initiate arbitration are available at https://www.adr.org/. You and the Company agree that it is a material breach of these Terms of Use to seek to initiate the arbitration with any administrator other than AAA (or an alternative administrator agreed to by the parties).
The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the mandatory process described in the Mandatory Notice of Dispute and Informal Dispute Resolution Section above, and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would. If you are initiating arbitration, you shall serve the demand for arbitration on the Company by mail to the Company and the address set forth below, Attn: Legal Department. If the Company is initiating arbitration, it shall serve the demand for arbitration by mail or email to the most recent contact information that you have provided to the Company.
You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or solely through written submissions, except the respondent in any arbitration where the claimant is seeking $10,000 or more or injunctive relief shall have the right to elect an in-person, video, or phone hearing. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Company representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually reasonably convenient location.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Unless both you and the Company agree otherwise, and to the fullest extent permitted by applicable law, you and the Company agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and the Company agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. If this prohibition is found to be unenforceable as to your Dispute, then the entirety of this Arbitration Agreement shall be null and void, and neither the Company nor you shall be entitled to arbitrate the Dispute and it shall instead proceed in a court of competent jurisdiction consistent with the remainder of these Terms.
Arbitration Costs
Payment of arbitration fees will be governed by the applicable AAA Rules and fee schedule. You and the Company agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration, and agree to work together in good faith to ensure that arbitration remains economical and cost-effective for all parties.
IF YOU ARE RESIDING IN THE PROVINCE OF QUEBEC OR IN THE PROVINCE OF ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS SECTION MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW.
CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT
WAIVER OF JURY TRIAL
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL.
Severability
If any provision of these Terms of Use is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms of Use shall remain in effect.
No Assignment, Sublicense or Transfer
You may not assign, sublicense, or transfer these Terms of Use or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate these Terms of Use and/or your access to and use of the Website. We may freely assign its rights and obligations in and to these Terms of Use.
Entire Agreement
The Company Policies including, without limitation, these Terms of Use and the Company Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous oral understandings, agreements, representations and warranties with respect to the Website.
No Waiver
The Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Changes to these Terms of Use
To the greatest extent permitted by law, the Company may revise, change amend, alter, add to, or modify the content or any other aspect of the Website and/or any of the terms of the Company Polices at any time. Any such changes and/or updates shall be effective immediately upon posting to the Website, unless otherwise stated. The date that these Terms of Use was last updated is identified at the top of the document. Your continued access to and/or use of the Website after the “Last Updated” date constitutes your acceptance of those changes. You should review these Terms of Use periodically to review the most current version of these Terms of Use in connection with the access to and/or use of the Website.
Notices
All notices or other communications to the Company, if any, that are to be given under these Terms of Use must be in writing, which shall be delivered to the address set forth below by way of either personal delivery, certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier. Notices to the Company shall be deemed given only upon receipt. Notices to the Company shall be addressed as set forth below unless it changes the address in writing by updating these Terms:
The address for giving notice to Company is as follows:
Project Bound Inc.
63 Roton Ave.
Norwalk, CT 06853
Notices to you shall be provided by the Company via email or any other address which the Company reasonably believes to be associated with you. Notice shall be deemed effective upon delivery of the same by the Company. Moreover, and without limiting the foregoing, by using the Website, you acknowledge and agree that you are communicating with the Company electronically, and consent to receive communications from the Company electronically. The Company may communicate, and provide effective notice to you, by sending you emails or by posting notices on the Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that the Company may provide to you electronically is effective; satisfies any legal requirement that such communication be in writing; and shall be deemed delivered to you.
How to Contact Us Informally
If you have questions about these Terms of Use, please contact us using the contact details below for further assistance:
Project Bound Inc.
63 Roton Ave.
Norwalk, CT 06853
support@nisolo.com
California Residents
Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (a) Company is located at 63 Roton Ave., Norwalk, CT 06853 and can be reached at support@nisolo.com; (b) these Terms of Use have provided you with advance notice of any applicable charges resulting from or related to your access to and use of the Website; (c) you may contact the Company at the address or email address indicated above to resolve a complaint or receive further information regarding any aspect of the Website; and (d) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or via telephone at 800-952-5210.