NULO Terms of Use

Last Updated: July 9, 2025

1. ACCEPTANCE OF TERMS

(a) Nulo, Inc. (“Nulo”, “we”, “us” or “our”) provides access to and use of this website, our advertisements, and other services (collectively, the “Services”) subject to the terms and conditions in these Terms of Use (the “Terms of Use”). Nulo may, in its sole discretion, update these Terms of Use at any time. You can access and review the most-current version of these Terms of Use at the URL for this page or by clicking on the “Terms of Use” link within the Services or as otherwise made available by Nulo.

(b) PLEASE REVIEW THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REQUIRE BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS TO RESOLVE ANY DISPUTE OR CLAIM ARISING FROM OR RELATING THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY, OR INTERPRETATION OF THESE TERMS OF USE (EACH, A “CLAIM”). YOU AGREE THAT ANY CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, ARBITRATION, OR OTHER SIMILAR PROCESS UNLESS YOU OPT OUT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED IN SECTION 17(e). PLEASE REVIEW SECTION 17 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

(c) BY USING OUR SERVICES OR CHOOSING TO SUBMIT PERSONAL DATA TO US THROUGH OUR SERVICES OR CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE”, “SIGN UP”, “JOIN NOW” (OR SOMETHING SIMILAR), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE. IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.

(d) You represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and of legal age to form a binding contract or (ii) at least 16 years of age and have obtained the consent of your parent or guardian to access and use the Services and be bound by these Terms of Use. You further represent and warrant that you are not a person barred from accessing or using the Services under the laws of your country of residence or any other applicable jurisdiction.

2. PRIVACY POLICY and ADDITIONAL terms

(a) Our Privacy Policy explains how we collect, store, share, or otherwise use any personally identifiable information you provide to us (“Personal Data”). Nulo’s use of Personal Data shall be in accordance with the Privacy Policy, and you hereby grant us the right to use your Personal Data consistent with the Privacy Policy.

(b) In addition to these Terms of Use and the Privacy Policy, your access to and use of the Services are further subject to any usage or other policies relating to the Services posted or otherwise made available to you by Nulo from time to time, including any purchase, subscription, or other similar terms posted within the Services (any such usage or other policies, collectively, “Additional Terms”).

(c) The Privacy Policy and the Additional Terms are part of these Terms of Use and are hereby incorporated by reference.

3. Registration and Account

(a) Some features of the Services may not be accessible unless you register for an account. In registering for an account, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Services during registration (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Nulo reasonably suspects that you have done so, Nulo may suspend or terminate your account.

(b) You may not share your account or password with anyone. You are responsible for maintaining the confidentiality of your account and password. You are fully responsible for all activities that occur under your account, whether you authorized the particular use or not, and regardless of your knowledge of such use. Upon becoming aware of any unauthorized access to or use of your account or password or any other similar breach of security, you shall promptly notify Nulo.

4. TEXT MESSAGING AND OTHER CONTACT

You expressly consent and agree that Nulo, or a third party service provider on Nulo’s behalf, can contact you using written, electronic, or verbal means, including by email, telephone (including prerecorded calls, voice messages, or by using an automatic telephone dialing system) to call or text the mobile number(s) you provide to Nulo: (a) as necessary to complete transactions requested by you and as the law allows (for example, to update you about an order), (b) to provide the Services or service your account (for example, to provide service updates and alerts), or (c) to enforce these Terms of Use, our policies, applicable law, or any other agreement we may have with you. We shall determine your time zone based on the area code of the mobile number you provide to us. If your mobile number is registered on any state or federal Do Not Call list, your consent to receive text messages from us set forth in these Terms of Use supersedes your prior decision to be placed on the Do Not Call list. You agree to provide us with a valid mobile number.

We may also offer you the chance to enroll to receive recurring promotional text messages from Nulo, which may include account-related news and alerts, tips, reminders, and marketing and promotional offers for our products and services. By enrolling in a Nulo promotional text messaging service, you agree to receive promotional texts from Nulo at the mobile number(s) you provide in the amount and frequency set forth in the confirmation text Nulo sends you. You certify that the mobile number you provide is true and accurate and that you are authorized to enroll that number to receive such promotional texts. You acknowledge and agree that Nulo may send promotional texts using an automatic telephone dialing system and that standard message and data rates may apply. Consent to receive promotional texts is not required as a condition of use of the Services. Nulo is not responsible for any delays with respect to sending or receiving text messages.

To unsubscribe from text messages at any time, text STOP to [insert Nulo phone number] or reply STOP, to any text message you receive from Nulo. You consent that following such a request to unsubscribe, you may receive one final text message from Nulo confirming your request. For help, text HELP to [insert Nulo phone number] or contact us at [insert Nulo email].

We may change any short code or telephone number we use at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we shall not be responsible for honoring requests made in such messages.

5. THIRD PARTY SITES

The Services provide links to other websites and resources not owned or controlled by us (“Third Party Sites”). Nulo does not endorse and is not responsible for any content, advertising, products, services, or other materials on or available through Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies of those Third Party Sites, not Nulo’s. Be aware when you leave our Services and be sure to read the terms of use and privacy policies of Third Party Sites.

6. RESPONSIBILITY FOR CONTENT

(a) All information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags, and other materials accessible through the Services, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Nulo, are entirely responsible for all Content, including product reviews, that you upload, post, email, transmit, or otherwise make available through the Services (“Your Content”), and other users of the Services, and not Nulo, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Services.

(b) Nulo has no obligation to pre-screen Content, although Nulo reserves the right in its sole discretion to pre-screen, refuse, or remove any Content at any time.

(c) If you post Content to the Services, do not include any personal or identifying information about another person, including addresses, email addresses, contact information, or phone numbers, use care in posting your own Personal Data, and maintain courtesy and follow good posting etiquette. Posting with ALL CAPS, HTML tags, or excessive typographic symbols may result in your post being removed.

(d) If you post Content to the Services, you represent and warrant that: (i) you have obtained all necessary rights and authority to grant the rights set forth in these Terms of Use with respect to Your Content, including any consents and releases needed from any third parties who appear in Your Content or whose content is used in Your Content; (ii) use of Your Content as contemplated herein does not violate any applicable laws or regulations; and (iii) Your Content does not violate any duty of confidentiality owed to another party, or the copyright, trademark, right of privacy, right of publicity, or any other right of another party.

(e) Nulo does not claim ownership of Your Content. However, you hereby grant Nulo and its service providers an irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), transferable right and license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, and distribute Your Content (in any form and any medium, whether now known or later developed) in connection with the development and operation of the Services. For the avoidance of doubt, you acknowledge and agree that Nulo may use Your Content without compensation to you in connection with selling, licensing, displaying, or syndicating advertisements, including advertisements relating to products or services referenced in Your Content. To the extent any of your rights in Your Content are protected as moral rights, droit moral, or other similar rights, you hereby irrevocably and unconditionally waive all enforcement of such rights against Nulo and its affiliates and each of their assigns, successors in interest, and licensees.

7. OWNERSHIP AND Grant of Rights in the services

Subject to your compliance with these Terms of Use, Nulo hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and view pages within the Services and access and use the Content, solely as part of your use of the Services. As between Nulo and you, Nulo owns all right, title, and interest (including all intellectual property rights) in the Services and all improvements, enhancements, or modifications thereto, including all Content (except with Your Content). The Services are protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws and treaties. Nulo reserves all rights not expressly granted to you.

8. Reviews, Testimonials, and Endorsements

(a) If you post any review, testimonial, or endorsement of any product or service within the Services, or if you post any review, testimonial, or endorsement anywhere about any Nulo product or service (each, a ”Product Post”), you must comply with all laws and regulations applicable to the Product Post, including: (i) the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising (see, generally, http://www.ftc.gov/news-events/media-resources/truth-advertising/advertisement-endorsements); and (ii) 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising. For further information, you can consult the sites linked above as well as the Disclosures 101 Social Media Influencers guide published by the FTC. You are solely responsible for reviewing, understanding, and complying with all laws and regulations, including any promulgated by the FTC, that are applicable to your Product Posts.

(b) Without limiting the generality of Section 8(a), you shall: (i) disclose any material connection you have with Nulo in connection with your Product Post; (ii) if you received the product or service for free from Nulo or you received a discount or any other thing of value from Nulo in connection with the Product Post, you must disclose that fact as part of the Product Post; (iii) make your disclosure clear, unambiguous, and conspicuous directly within the Product Post using simple and clear language, such that the disclosure is hard to miss and easy to understand; (iv) give your honest opinion about the product or service at issue based upon your actual experience using the product or service; and (v) ensure that what you say in the Product Post is true, accurate, and not misleading.

9. User CONDUCT

In connection with your access to or use of the Services, you shall not:

(a) upload, post, email, transmit, or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable; (ii) any applicable law or contractual or fiduciary obligation prohibits you from making available (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any copyright, patent, trademark, trade secret, or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation; (v) contains software viruses, malware, or any other code, files or programs designed to interrupt, destroy, limit the functionality of, make unauthorized modifications to, or perform any unauthorized actions through any software or hardware; or (vi) consists of information that you know or have reason to believe is false or inaccurate;

(b) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights to the Services (except for Your Content);

(c) reverse engineer, disassemble, decompile, or translate, or otherwise attempt to derive the source code, architectural framework, or data records of any software within or associated with, the Services;

(d) remove or obscure any proprietary notice that appears within the Services;

(e) access or use the Services for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Services or any other products or services offered by Nulo;

(f) rent, lease, lend, sell, or sublicense the Services or otherwise provide access to the Services as part of a service bureau or similar fee-for-service purpose;

(g) impersonate any person or entity, including Nulo personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(h) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services;

(i) act in any manner that negatively affects the ability of other users to access or use the Services;

(j) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;

(k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

(l) frame or utilize any framing technique to enclose the Services or any portion of the Services (including Content);

(m) use spiders, crawlers, robots, scrapers, automated tools, or any other similar means to access the Services, or substantially download, reproduce, or archive any portion of the Services;

(n) sell, share, transfer, trade, loan, or exploit for any commercial purpose any portion of the Services, including your user account or password;

(o) violate any applicable local, state, provincial, federal, international, or other law or regulation;

(p) bypass any security measures Nulo may use to prevent or restrict access to the Services; or

(q) collect or harvest any personal information, including account names, from the Services.

10. Suggestions

If you elect to provide or make available to Nulo any suggestions, comments, ideas, improvements, or other feedback relating to the Services or Nulo’s products (“Suggestions”), you hereby grant Nulo an irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), transferable right and license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, and have made Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

11. MODIFICATIONS TO The Services

Nulo may modify, suspend, or discontinue the Services, with or without notice, in its sole discretion, and Nulo shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.

12. INDEMNIFICATION

Nulo shall have no liability for and you shall indemnify, defend, and hold Nulo and its affiliates, and each of their officers, directors, employees, agents, partners, business associates, and licensors harmless from and against any claim, demand, loss, damage, cost, liability, and expense, including reasonable attorneys’ fees, arising from or relating to: (a) Your Content; (b) your violation of these Terms of Use, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your access to or use of the Services.

13. DISCLAIMER OF WARRANTIES

(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NULO EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (ii) ANY LOSS, DAMAGE OR OTHER LIABILITY ARISING FROM OR RELATING TO THIRD PARTY SITES, THIRD-PARTY COMPONENTS, OR THIRD-PARTY PARTICIPANTS, OR ANY OTHER PRODUCTS OR SERVICES NOT PROVIDED BY NULO.

(b) NULO MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES SHALL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES SHALL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.

14. LIMITATION OF LIABILITY

(a) NULO SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES ARISING FROM OR RELATING TO ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF NULO HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL NULO’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES EXCEED $50.  

(b) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. TERMINATION

If you violate these Terms of Use, all rights granted to you under these Terms of Use terminate immediately, with or without notice to you. Upon termination of these Terms of Use for any reason: (a) you must immediately cease accessing or using the Services; (b) Nulo may, but is not obligated to, remove and discard Your Content and delete your account; (c) any provision that, by its terms, is intended to survive the termination of these Terms of Use shall survive such termination; and (d) all rights granted to you under these Terms of Use immediately terminate, but all other provisions shall survive.

16. Governing Law

These Terms of Use shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of Texas, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Use.

17. BINDING ARBITRATION AND CLASS ACTION WAIVER

(a) Mandatory Individual Arbitration. Any Claim, whether arising before, during, or after the time you enter into these Terms of Use, and if not resolved through the informal dispute resolution procedure outlined below, shall be exclusively resolved by individual, binding arbitration in accordance with the Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claim, including any asserting that all or any part of the Arbitration Agreement is void or voidable. The arbitrator shall be responsible for determining all threshold arbitrability issues, including any relating to whether these Terms of Use or Arbitration Agreement is unconscionable or illusory and any defense to arbitration, such as waiver, delay, laches, or estoppel.

(b) Class Action/Jury Waiver. You acknowledge and agree that you and Nulo are each waiving the right to a trial by jury and participation as a plaintiff or class member in any purported class, collective, consolidated, or representative action or proceeding with respect to any Claim. Unless you and Nulo agree otherwise in writing, any arbitration with respect to any Claim shall be conducted only on an individual basis and not in a class, collective, consolidated, or representative action or proceeding. If any court or arbitrator of competent jurisdiction determines that this Class Action/Jury Waiver is void or unenforceable with respect to any Claim and the Claim proceeds as a class, collective, consolidated, or representative action or proceeding, then the entirety of the Arbitration Agreement shall be deemed null and void with respect to such Claim, and you and Nulo shall be deemed not to have agreed to arbitrate such Claim.

(c) Rules and Procedures for Arbitration.

(i) Initiating Claim. To initiate a Claim, a party shall send the other party written notice stating the party’s name, address, and contact information, the facts giving rise to the Claim, and the relief requested (“Claim Notice”). Each party shall send any Claim Notice to the other party in accordance with Section 23.

(ii) Informal Negotiation. As used herein, “Informal Negotiation Period” means, with respect to each Claim, the period between the date a party receives the applicable Claim Notice and 30 days after such date. You and Nulo shall attempt to resolve the Claim through informal negotiation during the Informal Negotiation Period. After the conclusion of the Informal Negotiation Period and not before, you or Nulo may commence an arbitration proceeding as set forth in the Arbitration Agreement.

(iii) Arbitration Proceeding. You and Nulo acknowledge and agree that any Claim that remains unresolved after the conclusion of the applicable Informal Negotiation Period shall be resolved only through final and binding individual arbitration (rather than in court) conducted by the American Arbitration Association (“AAA”) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”), except in each case to the extent modified by the Arbitration Agreement. Payment of all filing, administration, and arbitrator fees shall be governed by the AAA Rules. The AAA Rules are available at https://www.adr.org/Rules. A form for initiating arbitration proceedings through AAA is available at www.adr.org. If AAA refuses to enforce the Arbitration Agreement or otherwise refuses to administer any Claim between you and Nulo, you and Nulo shall submit the Claim for arbitration by another nationally-recognized arbitration services provider under its then-applicable rules that are comparable to the AAA Rules. The arbitration shall be conducted by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, such hearing shall be conducted in Austin, Texas, or, if the Consumer Arbitration Rules apply, another location as determined by the arbitrator to be reasonably convenient to both parties with due consideration of the positions of the parties; relative ability of the parties to travel; and factors such as the location of witnesses and documents, relative costs, and the location of any prior court proceedings, among other factors presented by the parties. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. The parties acknowledge and agree that the Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of the Arbitration Agreement.

(iv) Protocol for Mass Filings. As used herein, “Mass Filing” means 25 or more similar arbitration demands presented pursuant to the Arbitration Agreement where representation of all claimants is consistent or coordinated across the cases, including by or with the assistance, coordination, or cooperation of the same law firm or group of law firms, regardless of whether such demands are filed simultaneously. For the avoidance of doubt, you and Nulo acknowledge and agree that the AAA Mass Arbitration Supplementary Rules shall apply to any Mass Filing, except to the extent modified by the Arbitration Agreement. AAA shall randomly select a first batch of 25 arbitration demands from the Mass Filing for arbitration (“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, all other arbitration demands that are part of the Mass Filing shall be held in abeyance and stayed. Upon the conclusion of all Bellwether Arbitrations, AAA shall randomly select another batch of 25 arbitration demands from the Mass Filing for arbitration. While this second batch of arbitration demands is adjudicated, all other arbitration demands that are part of the Mass Filing shall be held in abeyance and stayed. Upon the conclusion of all arbitrations from the second batch, AAA shall randomly select another batch of 25 arbitration demands from the Mass Filing for arbitration and repeat the protocol set forth in this Section 17(c)(iv) until all arbitration demands from the Mass Filing have been adjudicated. Any statute of limitations applicable to any arbitration demand that is held in abeyance and stayed in accordance with this Section 17(c)(iv) shall be tolled for such arbitration demand while it is so held in abeyance and stayed.

(d) Changes to Arbitration Agreement. If Nulo changes the terms of the Arbitration Agreement after the date you first accepted these Terms of Use (or accepted any subsequent update to these Terms of Use), you may reject any such change to the terms of the Arbitration Agreement by providing Nulo with written notice of rejection within 30 days after the date the changes to the Arbitration Agreement became effective (“Rejection Notice”). To be effective, the Rejection Notice must: (i) include your full name, address, and signature; (ii) clearly indicate your intent to reject changes to the Arbitration Agreement; and (iii) be sent to Nulo in accordance with Section 23. If you reject changes to the Arbitration Agreement, you shall nevertheless be bound to the version of the Arbitration Agreement that was last accepted by you.

(e) Opt-out Procedure. You can choose to opt out of the Arbitration Agreement by sending Nulo a written opt-out notice (“Opt-Out Notice”) within thirty 30 days following the date you first agree to these Terms of Use. To be effective, the Opt-Out Notice must: (i) include your name, address, and signature; (ii) clearly indicate your intent to opt out of the Arbitration Agreement; and (iii) be sent to Nulo in accordance with Section 23. If you opt out of the Arbitration Agreement, you shall nevertheless be bound by all other parts of these Terms of Use. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Nulo.

(f) Survival of Arbitration Agreement. The Arbitration Agreement shall survive the expiration or termination of these Terms of Use and your relationship with Nulo.

18. Forum For DiSPutes

(a) Small Claims Court. Notwithstanding anything to the contrary, including the Arbitration Agreement, you and Nulo may assert a Claim in small claims court instead of in arbitration as required by the Arbitration Agreement, but only if: (i) the Claim qualifies for adjudication by the small claims court under the rules for the court; and (ii) the Claim remains in small claims court and advances only on an individual basis and not as part of any class, collective, consolidated, or representative action or proceeding.

(b) Injunctive and Other Equitable Relief. Notwithstanding anything to the contrary, including the Arbitration Agreement, you and Nulo each retains the right to seek injunctive relief and other equitable remedies from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of confidential information, copyrights, trademarks, trade secrets, patents, or other intellectual property rights, whether in aid of, pending, or independently of the resolution of any Claim pursuant to the Arbitration Agreement.

(c) Court Action. Subject to Section 18(a) and Section 18(b), if for any reason a Claim proceeds in court rather than in arbitration pursuant to the Arbitration Agreement, you and Nulo each waives any right to a jury trial and agrees that the Claim shall be brought only in the United States District Court for the Western District of Texas (Austin) (if federal jurisdiction applies) or a state court of competent jurisdiction in Austin, Texas (if federal jurisdiction does not apply). You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens, or any similar grounds with respect to any such Claim.

19. Legal Compliance

(a) The Services may be subject to United States export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the United States Department of State.

(b) You represent and warrant that you are not: (i) located in a country that is subject to a United States Government embargo or sanctions or designated by the United States Government as a “terrorist supporting” country; and (ii) listed on any United States Government list of prohibited or restricted parties, including the Specially Designated Nationals List. You further represent and warrant that you shall access and use the Services in compliance with all applicable laws and regulations, including all such laws and regulations relating to EAR, OFAC and ITAR.

20. NO THIRD-PARTY BENEFICIARIES

You acknowledge and agree that there are no third-party beneficiaries to these Terms of Use.

21. Procedure for Making Claims of Copyright Infringement

If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Nulo’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Nulo’s Agent for Notice of Copyright Claims can be reached as follows:

Nulo, Inc.

Attn: Agent for Notice of Copyright Claims

Address: 2530 Walsh Tarlton Ln #140, Austin, TX 78746

Phone: 512-476-6856

Email: privacy@nulo.com 

22. California Users And Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at (800) 952-5210, or as otherwise set forth at https://www.dca.ca.gov/about_us/contactus.shtml (or a successful URL).

23. NOTICE

Except as expressly provided otherwise in this Agreement, notices given under this Agreement shall be in writing and personally delivered by hand, sent via an internationally-recognized courier service, mailed by first-class certified mail (return receipt requested), or sent via email to the address for each party set forth below. Notices shall be deemed to have been given: (a) if personally delivered by hand, when delivered (with written confirmation of delivery); (b) if sent via an internationally-recognized courier service or by first-class certified mail (return receipt requested), when delivered (as shown in the records of the courier or postal service, as applicable); or (c) if sent via email, on the date such email is transmitted, provided that any notice sent by email after 5:00 p.m. local time for the recipient shall be deemed received on the next business day.

To Nulo

Nulo, Inc.

Attn: Agent for Notice of Copyright Claims

Address: 2530 Walsh Tarlton Ln #140, Austin, TX 78746

Phone: 512-476-6856

Email: privacy@nulo.com 

To You

At the contact information Nulo has on file for you.

24. GENERAL PROVISIONS

These Terms of Use constitute the entire agreement between you and Nulo concerning your access to and use of the Services and supersede all prior and contemporaneous oral or written negotiations and agreements between you and Nulo with respect to such subject matter. These Terms of Use may not be amended by you except in a writing executed by you and an authorized representative of Nulo. For the purposes of these Terms of Use, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under these Terms of Use without the prior written consent of Nulo. Nulo may assign or delegate any of its rights or obligations under these Terms of Use without your consent. The failure of Nulo to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms of Use. Any prevention of or delay in performance by Nulo hereunder due to any act of god, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental entity, epidemic, pandemic, public health crisis, destruction of production facilities, insurrection or any other cause beyond Nulo’s reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.