Terms of Use

Terms of Use

Last updated: November 29, 2018.

Introduction

Welcome to the Boundless Rugs website, operated by Boundless Rugs, Inc. (“Boundless Rugs”, “our”, “us” or “we”), including but not limited to all main and subdomains of boundlessrugs.com (collectively, the “Site”). The following terms of use (“Agreement”) govern your use of the Site.

By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by the Agreement, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the “Services”) signifies that you fully accept and agree to these Terms of Use.

The Sites and Services are available only to individuals who are at least 18 years old.  You represent and warrant that if you are an individual, you are (i) at least 18 years old and (ii) if you are between the ages of 13 and 18, you have parental permission to enter into this Agreement and to use the Sites and Services. Boundless Rugs may, in its sole discretion, refuse to offer any portion of or all of the Sites and/or Services to any person or entity or change its eligibility criteria at any time.  This provision is void where prohibited by law and the right to access the Sites and Services is revoked in such jurisdictions.

We reserve the right in our sole discretion to (A) change, modify, add, or delete portions of this Agreement, and/or (B) change, suspend, limit or discontinue any portion of or all of the Sites and/or Services (including, without limitation, the availability of any feature or content). We will provide notice of such changes only by posting the updated Agreement on our Sites and changing the “last updated” date listed above, by posting a notice on the Sites or by sending you an email.  We encourage you to review our Agreement each time you visit any of our Sites to see if it has been updated since your last visit.  Your continued use of the Sites and/or Services following our notice of any such changes constitutes acceptance of those changes.

If you have any questions regarding the use and features of our products and the Sites, please refer to the “Frequently Asked Questions” section of our Sites at FAQs. All other questions or comments about the Sites and our products should be directed to Customer Service.

Account

You may register for an account on the Site (an “Account”). To use certain portions of the Site, you are not required to sign up for an Account. However, certain features of the Site, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

Privacy Policy

We believe strongly in protecting user privacy and have adopted a Privacy Policy. Users of this Site should refer to our Privacy Policy available for viewing here Privacy Policy and that is incorporated into this Agreement by this reference, before providing any information.

Copyright Policy

DMCA

We comply 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 hosted by the Service you may contact our Designated Agent at the following address:

665 Beacon Street, Suite 304, Boston, MA 02215

Any notice alleging that materials hosted by or distributed through the Service 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 Service; (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 Service 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.

Counter Notices

If material that you have posted to the Service 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 R&G 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.

Proprietary Rights

Content

All materials (“Materials”) on the Sites, including, without limitation, the Boundless Rugs logo, design, text, graphics, other files, and the selection and arrangement thereof are the proprietary property of Boundless Rugs or its affiliates or licensors. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials on the Sites for informational, non-commercial, personal and internal use only, provided you keep all copyright and other proprietary notices intact. Any other use of such materials, including any commercial use or reproduction for purposes other than described above, or modification, distribution, republication, display, or performance of such materials, without the prior written consent of Boundless Rugs is strictly prohibited.

Trademarks and Other Intellectual Property

“Boundless Rugs,” and other trademarks on the Sites are trademarks or service marks of Boundless Rugs or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written consent of. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Boundless Rugs, and may not be copied, imitated, or used, in whole or in part, without our prior written consent.

We might have patents, trademarks, service marks, copyrights, or other intellectual property rights covering subject matter in the pages of the Sites and any software part of the Sites. Except to the extent we may have granted you licenses to certain intellectual property in this Agreement, our providing you with such web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Third-Party Content & Services

The Sites may include hyperlinks to third party web sites. We don’t monitor or control any third-party content, services, business practices or privacy policies (“Third-Party Content”). We don’t endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. We do not warrant the accuracy of any information contained on, and undertake no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk, including being exposed to content that you may consider offensive or inappropriate. You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of Third-Party Content, or for any damage or loss caused or alleged to be caused by your use of or reliance on any Third-Party Content.

Submissions

NOTE:  You may only submit any material to us if you are 18 or above.

With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

We may pull content from our users who share photos and videos on Instagram using our brand hashtags, or tagging our social media account (collectively, “Photos”). You acknowledge and agree that the Photos may be used by Boundless Rugs on the Site and our social media accounts and other marketing channels, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

By uploading any User Content you hereby grant and will grant Boundless Rugs and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Boundless Rugs as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.

You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Boundless Rugs, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

User Conduct

You shall not: (a) take any action that imposes or may impose (as determined by Boundless Rugs in its sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of any of the Sites and/or Services; (c) bypass any measures we may use to prevent or restrict access to any portion of the Sites and/or Services (or other accounts, computer systems or networks connected to any of the Sites and/or Services); or (d) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

Furthermore, you shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites or Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Sites or Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Return/Exchange Policy

Our top priority is to ensure that you’re pleased with the quality of our work. If for you’re not satisfied with the product you receive, we’re here to make it right. If you are unhappy with any aspect of your item upon receiving it, reach out and our team will work with you to resolve the issue to the best of our abilities. Because our pieces are custom made, orders cannot be cancelled once production has started and we reserve discretion over whether items can be returned for a refund or exchanged. For more information about the return/exchange process, please refer to our Returns & Exchanges FAQs.

Disclaimer

THE SITES, SERVICES AND THE CONTENT AVAILABLE ON OR THROUGH SUCH SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THE SITES, SERVICES AND CONTENT AVAILABLE ON OR THROUGH SUCH SITES AND SERVICES IS AT YOUR SOLE RISK. BOUNDLESS RUGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BOUNDLESS RUGS DOES NOT REPRESENT OR WARRANT CONTENT AVAILABLE ON OR THROUGH THE SITES AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BOUNDLESS RUGS ALSO DOES NOT REPRESENT OR WARRANT THAT (A) THE SITES OR THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (C) THE SITES AND SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Boundless Rugs.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BOUNDLESS RUGS OR ITS AFFILIATES OR LICENSORS (INCLUDING, WITHOUT LIMITATION, CONTENT PROVIDERS), OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, CREDITORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, OR SUPPLIERS BE LIABLE FOR ANY (A) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (B) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, USE OF, OR INABILITY TO USE, THE SITES OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THE SITES, IN EACH CASE, EVEN IF BOUNDLESS RUGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by us on account of technical problems or traffic congestion online or on the Sites or at any web site, or any combination thereof including any injury or damage to your or any other person’s computer related to or resulting from downloading any materials from the Sites. If, for any reason, the Sites are not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Boundless Rugs that threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of any of the Sites, we reserve the right, in our sole discretion, to cancel, terminate or suspend the use of the Sites and Services. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY OF THE SITES OR SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF ANY OF THE SITES OR SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BOUNDLESS RUGS WILL TERMINATE YOUR USE OF THE SITES AND SERVICES AND RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless Boundless Rugs, its affiliates, and all of its and their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (a) your use of any of the Sites or Services or any Materials you provide, including, but not limited to, any claim by a third party that any Materials you provide infringe or violate such third party’s rights or interests and/or (b) your breach of this Agreement. Boundless Rugs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Removal and Disclosure

We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material at any time and for any reason, including, but not limited to Material that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Sites and Services, and any Material transmitted by you via or in connection with our Sites, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena), to initiate, render, bill and collect for our products and services, to protect our rights or property, or to protect users of our Sites from fraudulent, abusive, or unlawful use of our Sites and Services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Boundless Rugs does not endorse and has no control over Materials submitted by third parties. Boundless Rugs has the right, but not the obligation, to monitor the Sites, Services and/or Submitted Items. We may remove any Materials at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Materials), or for no reason at all.  Under no circumstances will we be liable in any way for any Materials submitted by a third party, including, but not limited to, any errors or omissions in such Materials, or any loss or damage of any kind incurred in connection with use of or exposure to any submitted Materials posted, emailed, accessed, transmitted or otherwise made available via the Sites and/or Services.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law principles to the contrary. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Boston, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.  Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal courts residing in Boston, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action, or proceeding arising out of this Agreement. Use of the Sites and Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this Section.

Termination

Boundless Rugs reserves the right, without notice and in its sole discretion at any time, to terminate your license to use any or all of the Sites and Services, to block or prevent future access to and use of any of the Sites and Services, and to remove and discard any Material and Submissions, including the right to reject any order you place, which may result in the forfeiture and destruction of all information associated with your Account.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

The Agreement, along with the Privacy Policy and any other agreement referred to herein, constitute the entire agreement between you and Boundless Rugs with respect to the use of the Sites and Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Boundless Rugs with respect to the use of the Sites and Services.  All waivers must be in writing. We shall not be liable for any failure to deliver products or services or otherwise perform its obligations hereunder where such failure results from any cause beyond our reasonable control.  The Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent.  Boundless Rugs may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any attempted transfer in violation hereof will be void and of no effect. This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.  No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect.  In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.  Except as otherwise provided herein, all notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

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