TERMS & CONDITIONS
By using or downloading information from this website, you represent that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions, in whole or in part, please do not continue to use this website since your continued use (including, but not limited to, placing an offer on a product) constitutes acceptance of these Terms and Conditions.
1. Changes to these Terms and Conditions.
Bound LLC ("Bound", "we" or "us") may modify these Terms and Conditions at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.
These Terms and Conditions were last updated on April 30, 2018.
2. Bound as a Facilitator.
Bound is an online marketplace that allows surf retailers and brands (collectively, “Sellers”) a platform to sell apparel and equipment to buyers (“Buyers”) like you. Bound is not directly involved in the transaction between Buyers and Sellers and is not liable for any such transaction. Bound will use its best efforts to work with you and a Seller to resolve any dispute you may have with respect to a product you purchased using this website.
3. Products, Content and Specifications.
All features, content, specifications, products, services, and prices described or depicted on this website are subject to change at any time without notice.
4. Accuracy of Information.
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this website and have the absolute right to cancel or correct any order for a product due to errors including, but not limited to, errors in pricing.
5. Use of this website.
The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Bound and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You may not run or display this website or any material displayed on this website in frames or through similar means without our prior written permission.
You shall not upload to, distribute, or otherwise publish through the website any content, information or other material (a) that violates, misappropriates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) that is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; (c) that includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (d) that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (e) such as a robot, spider or other automatic device, process or means to access the website for any purpose, including to monitor or copy any of the material on the website; and (f) that otherwise attempts to interfere with the proper working of the website. We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
If you would like to return a product, you must notify us no later than 14 days after the day your product was shipped. No returns will be accepted if you fail to notify us within the 14 day period or fail to ship the product back to us or the Seller (as directed by us) within 30 days after the product was shipped.
7. Disclaimers of warranties.
Your use of this website is at your sole risk. Bound expressly disclaims all warranties of any kind, whether express, implied or statutory including, but not limited to, the implied warranties of merchantibility, fitness for a particular purpose, and non-infringement. This disclaimer of warranty does not diminish any warranty that a third party seller may provide directly to you for a product purchased on the website.
8. Limitations of liability.
We assume no responsibility, and shall not be liable for, any damages to your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website. In no event will Bound, its officers, directors, employees, members, affiliates, agents, successors, assigns or any party involved in the creation, production or transmission of this website be liable to you or any third party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of or related to the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, products, information or services contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such damages of if the exclusive remedies stated herein fail of their essential purpose. Our total aggregate liability to you with respect to this website and any materials, products or services purchased, provided or accessible therein is limited to the lesser of the amount you paid to us for purchases on this website during the 6 months prior to the action giving rise to the liability, damage, claim or loss or $100. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this website are the exclusive property of Bound and/or our affiliates. Other Marks used or displayed on this website are the property of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of such third party owner.
10. Third Party Links.
11. User Information.
Bound welcomes comments and other submissions from the users of our website. Any comments, suggestions, ideas or any other materials submitted to Bound, either online, offline or posted on this website (collectively, “User Communications”), will become Bound's property upon its submission or posting. Bound shall be entitled to unrestricted use of the User Communications including, without limitation, to promote and market the Bound brand, products, and services for any commercial or noncommercial use we deem appropriate, without compensation to the provider of the User Communications. You represent and warrant that you own or otherwise control all of the rights to the comments and other User Communications that you post on the website and that use of your comments or other User Communications by Bound does not and will not infringe upon, misappropriate or violate the rights of any third party. We retain the right to remove any User Communications, in whole or in part, for any or no reason.
12. General Provisions.
13. Choice of Law; Jurisdiction.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. By using this website you unconditionally agree to submit to the jurisdiction of the state and federal courts located in Portland, Oregon, USA.
All amounts stated on this website are in U.S. dollars.