Terms of Service

Last updated: August 21, 2026.

Welcome to the Phoenix BNBS Fashion, LLC  (together with its affiliates, "Bonobos") websites, which include, but are not limited to www.bonobos.com and the Bonobos app and all related services, content, functionality, and transactions offered by Bonobos on or through www.bonobos.com and the Bonobos app (each, a "Site" and collectively, the "Sites"). These Terms of Service (these "Terms") govern your access and use of each of the Sites, our Services, and our online stores accessible via the Sites. The Sites, our services, and our online stores accessible via the Sites are collectively called the "Services".

Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don't agree to these Terms, do not access or use the Services.

IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT (REQUIRING THAT MOST DISPUTES BETWEEN YOU AND BONOBOS BE DECIDED IN BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT), A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE PROVISIONS CAREFULLY.

Changes to Terms or Services

We reserve the right to update or modify these Terms at any time in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Sites or through other communications. It's important that you check these terms regularly because if you continue to access or use the Services after we have posted modified Terms on the Sites, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not access or use the Services anymore. Because the Services are evolving over time, we may elect to change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

Who May Access or Use the Services

Eligibility. You may access or use the Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from accessing or using the Services under applicable law. By accessing or using the Services, you represent and warrant that you are 18 years or older.

Registration and Your Information and Account. If you want to access or use certain features of the Services, including purchasing products online, you’ll have to create an account ("Account") via the Sites and provide your name and email address. Creation of your Account on one of the Sites will enable you to access and use the features available on any and all of the Sites.

It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized access or use of your Account. You are fully responsible for your failure to safeguard your Account information and/or any actions resulting from your permitting any other person to access or use your Account.

Emails. You’ll be able to subscribe to our mailing list to receive emails and updates from the Services by providing us with your email address. You can unsubscribe at any time. By signing up for, and continuing to be subscribed to, emails and updates from the Services you understand and agree that the subject lines of such communications are necessarily limited in space and the contents may be subject to additional disclosures, limitations, clarifications, and restrictions. You also agree to waive any claims based on the content of email subject lines to the fullest extent permitted by applicable law.

Appointments. Using the features of the Services, you’ll be able to schedule an appointment at one of our Guideshop locations in order to try on our Products (as defined below). In order to schedule an appointment, you will be asked to provide your name and email address.

How the Services Work. We make available an online platform that allows you to purchase products, mainly clothes and accessories ("Products"). Through the Services you will be able to browse our Products and place orders.

Order Confirmation. We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.

Shipment Confirmation and Delivery. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We are not responsible for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.

Prices. The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.

Payment. By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a "Method of Payment"). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.

Cancellation, Return and Exchange Policies. Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges may be non-refundable.

Product Information. Most Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service at guides@bonobos.com or 1-877-294-7737.

Errors, Inaccuracies and Omissions. We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.

Colors & Style. We have made every effort to display as accurately as possible the attributes, including colors and styles, of Products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual Product color or finish.

Cancellation of Orders. We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

Alerts and Notifications

As part of the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information). We may also periodically send you emails that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails from us you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the email you receive. Please see above with respect to additional information related to emails.  

Privacy Notice

Please refer to our Privacy Notice, located at bonobos.com/privacy, for information on how we collect, use and disclose information from and about our users. The Privacy Notice is expressly incorporated into these Terms by reference.  

Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by email at guides@bonobos.com, by calling 1-877-294-7737, or through our website by clicking here. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders or other users of the Services (including you) provide to be made available through the Services or transmit to us through the Services (including by email). References to the "Content" include User Content, unless otherwise indicated.

Content Ownership, Responsibility and Removal

Bonobos does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Excluding User Content, Bonobos and/or its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. BONOBOS, MAIDE and all related names, logos, product and service names, designs and slogans are trademarks of Bonobos and/or its licensors. You must not use such marks without the prior written permission of Bonobos. All other names, logos, product and service names, designs and/or slogans on the Sites are the trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You. By making any User Content available through the Services or otherwise sharing such User Content with Bonobos, you hereby grant to Bonobos a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable license to use, copy, edit, translate, distribute, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content, in any media or medium, or any form, format, or forum now known or hereafter developed. Bonobos may sublicense its rights through multiple tiers of sublicenses. You retain all other rights with respect to your User Content.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

By accessing or using the Services, you agree not to submit to or share any User Content that:

• is false, fraudulent, inaccurate, or misleading;

• violates any local, state, federal, or international laws or is otherwise tortious;

• is protected by or would infringe on the rights of others (including Bonobos), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;

• is obscene, indecent, pornographic, or otherwise objectionable;

• is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Bonobos in its sole discretion;

• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;

• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Bonobos;

• contains or relates to chain letters or pyramid schemes;

• impersonates another business, person, or entity, including Bonobos, its related entities, employees, and agents;

• violates any policy posted on the Sites; or

• is intended to cause harm, damage, disable, or otherwise interfere with the Sites or our partners.

Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary.

Although we cannot monitor all User Content shared or submitted through the Services, you understand that we shall have the right, but not the obligation, to monitor any User Content shared or submitted through the Services to determine compliance with these Terms and any other operating rules that may be established by Bonobos from time to time. Bonobos shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any User Content shared or submitted through the Services for any reason, including violation of these Terms, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for their User Content. You acknowledge and agree that neither Bonobos nor any of its affiliates shall assume or have any liability for any action or inaction by Bonobos with respect to any User Content shared or submitted through the Services.

Without limiting the foregoing, we have the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND RELEASE BONOBOS, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY’S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.

Rights in Content Granted by Bonobos. Subject to your compliance with these Terms, Bonobos permits you to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. You may not otherwise reproduce any of the Content found on the Sites without the prior written consent of Bonobos or other applicable owner. No license, right, title, or interest in the Sites or any Content is transferred to you as a result of your use of the Sites or Services or your accessing, viewing, downloading, or printing of the Content.

Notice and Takedown Procedures

If you believe any User Content accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from the Services, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), by contacting the Bonobos Designated Agent (address identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the User Content that you believe to be infringing and its location. Please describe the User Content, and provide us with its URL or any other pertinent information that will allow us to locate the User Content.

3. Your name, address, telephone number, and email address.

4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or authorized representative.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

You must submit your written notice containing the above information to our Designated Agent who can be reached by email at info@bonobos.com.

We may give notice to our users by means of a general notice on any of our Sites, electronic mail to a user’s email address in our records, or written communication sent by first class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. 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;

3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, Bonobos maintains a policy for the termination, in appropriate circumstances, of users of the Services who are repeat infringers.

General Prohibitions

The Services may be used only for lawful purposes and in accordance with these Terms. You agree you will not use the Services to engage in or encourage conduct that, in our sole discretion and judgment, would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); communicate, transmit, redistribute or upload content or material (including User Content) that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; is incomplete, false, inaccurate or not your own; contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; includes any addresses, email addresses, phone numbers or any contact information; contains corrupted files, viruses, malware or any harmful software; is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or is violent or promotes violence or actions that are threatening to any person or entity; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or engage in or encourage any conduct that restricts, impairs or inhibits any other user from using or enjoying the Services.  

System Security

Violations of system or network security may result in civil or criminal liability. Bonobos may investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services and you agree not to do any of the following: use, display, mirror or frame the Services or any individual element within the Services, Bonobos' name, any Bonobos trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Bonobos' express written consent; access, tamper with, or use non-public areas of the Services, Bonobos' computer systems, or the technical delivery systems of Bonobos' providers; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bonobos or any of Bonobos' providers or any other third party (including another user) to protect the Services or Content; attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by Bonobos or other generally available third-party web browsers; access data not intended for you or log on to a Bonobos server or account you are not authorized to access; attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site's or Bonobos' networks or network security, or use any Site's service to gain unauthorized access to any other computer system; use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.

Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. If you use the links, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Sites may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

Bonobos Promotional Messaging Program Terms & Conditions:

By providing your phone number, you are enrolling in the Bonobos Promotional Messaging Program and agreeing to the following conditions in addition to the Terms: When you enroll, you certify that A) you are the subscriber or customary user of the phone number provided and B) you are age 18 or older. Bonobos Promotional Messaging Program is a subscription service which may include automated text messages and/or automated orpre-recorded calls sent or placed to the phone number provided at any time of day. Participation in the Bonobos Promotional Messaging Program is not required for purchase. Bonobos Promotional Messaging Program will include recurring, automated promotional and personalized marketing text messages. There is no charge from Bonobos for this service, but YOUR SERVICE PROVIDER'S AIRTIME, MSG, AND DATA RATES MAY APPLY. You may opt out at any time by texting STOP to 63571 or contacting Phoenix BNBS Fashion, LLC at 260 Madison Avenue, 4th Floor, New York, NY 10016. You understand and agree that terms other than “STOP” may not result in an effective opt-out of this program and that Bonobos and its partners shall not be liable for any claims arising out of an ineffective opt out. For help, contact Bonobos Customer Service. Participating carriers include all US-based mobile carriers. Bonobos and carriers are not liable for delayed or undelivered messages. Product is not compatible with all cell phone models. You can access our Privacy Notice by clicking the “Privacy Notice” link at the bottom of the page. You agree to immediately notify Bonobos in the event that you cease being the subscriber or customary user of the phone number provided to us and that you will indemnify us from any third-party claims arising out of communications to that phone number in the event you fail to do so. 

Bonobos Pants Promotional Messaging Program Terms & Conditions:

By texting PANTS to 1-833-642-5742, you are enrolling in the Bonobos Pants Promotional Messaging Program and agreeing to the following conditions in addition to the Terms: When you enroll, you certify that A) you are the subscriber or customary user of the phone number provided and B) you are age 18 or older. The Bonobos Pants Promotional Messaging Program is a subscription service which may include automated text messages and/or automated or pre-recorded calls sent or placed to the phone number provided at any time of day. Participation in the Bonobos Pants Promotional Messaging Program is not required for purchase. The Bonobos Pants Promotional Messaging Program will include a series of automated promotional marketing text messages. There is no charge from Bonobos for this service, but YOUR SERVICE PROVIDER'S AIRTIME, MSG, AND DATA RATES MAY APPLY. You may opt out at any time by texting STOP to 1-833-642-5742, or contacting us at 260 Madison Avenue, 4th Floor, New York, NY 10016. For help, contact Bonobos Customer Service. Participating carriers include all US-based mobile carriers. Bonobos and carriers are not liable for delayed or undelivered messages. Product is not compatible with all cell phone models. You can access our Privacy Notice by clicking the “Privacy Notice” link at the bottom of the page.  You agree to immediately notify Bonobos in the event that you cease being the subscriber or customary user of the phone number provided to us and that you will indemnify us from any third-party claims arising out of communications to that phone number in the event you fail to do so

Notice of Financial Incentive:

Additional Information for California Residents: You will receive a one-time 20% discount on your first Bonobos order for enrolling in the Bonobos Promotional Messaging Program. By enrolling in the Bonobos Promotional Messaging Program, you agree to provide certain personal information that we request in the enrollment process. For more information and complete terms of the Bonobos Promotional Messaging Program, please see the Bonobos Promotional Messaging Program Terms. You can opt in to the Bonobos Promotional Messaging Program by providing your cell phone number. You may cancel your Bonobos Promotional Messaging Program membership by texting STOP to 63571, or by contacting Bonobos Customer Service at https://bonobos.com/contact-us. The incentive we offer to you in connection with enrollment in the Bonobos Promotional Messaging Program is reasonably related to the value provided to Bonobos by your personal information. All information collected and used to facilitate the Bonobos Promotional Messaging Program is directly related to the program's ability to provide value to the customer. The value of the Bonobos Promotional Messaging Program is dependent on a number of factors, such as: (1) operating expenses related to maintaining the program, (2) marketing expenses to run the program, (3) the difference in revenue generated by offering the discount versus paying full-price, and (4) overall customer retention or loyalty. For information regarding our privacy practices, please see our Privacy Notice. You can access our Privacy Notice by clicking the “Privacy Notice” link at the bottom of the page.

Accessing the Services and Account Security

We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. We may also impose rules for and limits on use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.

Termination

We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at guides@bonobos.com or calling 1-877-294-7737. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: "Prices", "Payment", "Cancellation, Return and Exchange Policies", "Errors, Inaccuracies and Omissions", "Cancellation of Orders", "Privacy Notice", "Feedback", "Content and Content Rights", "Content Ownership, Responsibility and Removal", "General Prohibitions", "System Security", "Links to Third-Party Websites or Resources", "Warranty Disclaimers", "Indemnification", "Limitation of Liability", "Governing Law", "Dispute Resolution and Arbitration" and "General Information".

Warranty Disclaimers

YOUR USE OF THE SERVICES AND CONTENT AND YOUR PURCHASE OF PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BONOBOS EXPLICITLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BONOBOS MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY AND/OR PRICING OF PRODUCTS SOLD VIA THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Bonobos, its parent, affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of, related to, or in connection with your violation of these Terms.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BONOBOS, ITS PARENT, AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT ("THE RELEASED PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BONOBOS OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, Bonobos' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO BONOBOS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF ANY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BONOBOS, AS APPLICABLE.  YOU AND WE AGREE THAT NOTICE OF ANY DISPUTE OR CLAIM MUST BE GIVEN TO THE OTHER PARTY WITHIN TWELVE (12) MONTHS OF ITS ACCRUAL OR IT IS FOREVER WAIVED OR TIME BARRED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USER OF THE SITES OR SERVICES.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BONOBOS AND YOU. 

International Use

We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.

Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.

Governing Law and Venue 

Except with respect to the arbitration agreement as set forth below, these Terms, and your access and use of the Sites and Services are governed by the laws of the state of New York, without regard to New York’s conflict of laws rules. Unless you and Bonobos agree otherwise, to the fullest extent permitted by applicable law, the state and federal courts that encompass New York County, New York shall have exclusive jurisdiction over any disputes and claims (except for claims brought in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the arbitration agreement or any provision of the Dispute Resolution section below or the Terms. You and Bonobos consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court.

Dispute Resolution (Including Arbitration Agreement, Class Action Waiver and Jury Trial Waiver)

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

Mindful of the high cost of legal disputes, not only in dollars but also in time and effort, both you and Bonobos agree that any dispute or claim in any way related to your use of the Services, any purchase from Bonobos, any products or services offered or sold by Bonobos, or the relationship between you and Bonobos, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”) will be resolved in accordance with this Dispute Resolution section, including this arbitration agreement (which provides for mandatory arbitration with limited exceptions as set forth below), a class action waiver and a jury trial waiver. Except as the Terms otherwise provide, you and Bonobos waive the right to try any claim in court before a judge or jury and to bring or participate in any class, collective, consolidated, or representative action. In arbitration there is less discovery and appellate review than in court. Please review these provisions carefully as they affect your legal rights. For purposes of the Governing Law and Venue provision above and this Dispute Resolution section, “Bonobos” and “we” shall encompass the “Released Parties” as defined above.

1. Arbitration Agreement

Binding Individual Arbitration. Dispute (as defined above) includes, but is not limited to: (1) any dispute or claim that arose before the existence of these Terms or any prior terms (including, but not limited to, disputes or claims related to advertising); (2) any dispute or claim that is presently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms and your relationship with Bonobos. Dispute shall be interpreted broadly to the fullest extent permitted by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Bonobos may bring or take an individual claim in or to a small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individualized (non-representative, non-class) claim in that court; (2) you agree that you or Bonobos may bring suit in a court of competent jurisdiction to stop the unauthorized use or abuse of the Services or Content or to enjoin infringement or other misuse of intellectual property rights; and (3) individual claims for personal bodily injury or death shall not be subject to arbitration. Whether a Dispute falls within the jurisdictional limits of a small claims court is for the small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are specifically reserved herein for a court; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver or any of the provisions of this Dispute Resolution section; (3) issues that relate to the arbitrability of any Dispute; and (4) issues related to whether this version or a prior or future version of the arbitration agreement applies to a Dispute. You and Bonobos agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the FAA and federal arbitration law (not state arbitration law).

Mandatory Informal Dispute Resolution. If a Dispute arises between you and Bonobos, we prefer amicable resolution to formal legal proceedings. To that end, we have an informal dispute resolution process (“Process”) that we hope will resolve most matters. The party asserting the Dispute shall first try in good faith to resolve such Dispute by providing written notice to the other party that includes all of the following information (the “Notice”): (1) information sufficient to identify any transaction, products, and account at issue (including any purchase receipts if applicable); (2) the party’s contact information (including full name, address, telephone number, and email address); and (3) a detailed description of the nature and basis of the Dispute and the relief sought, including a good faith calculation for it. The Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this Notice by certified mail with return receipt or another tracking mechanism to: Attn:  Legal Department, 1 Express Drive, Columbus, Ohio 43230. If we have a Dispute with you, we will send this Notice to the most recent contact information we have on file for you. For a period of 60 days from receipt of the Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Bonobos representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Process is a condition precedent to initiating a claim in arbitration. If the sufficiency of a Notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a Notice through the conclusion of this Process. You or Bonobos may commence arbitration only if the Dispute is not resolved through this Process.

Arbitration Procedures. The arbitration of any Dispute shall be administered by JAMS and conducted in accordance with the JAMS rules, including any Mass Arbitration Procedures and Guidelines applicable to the Dispute (collectively, the “JAMS Rules”), as modified by this arbitration agreement. The JAMS Rules are available online at https://www.jamsadr.com/adr-rules-procedures/. If JAMS is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a copy of the Notice, a certification of compliance with the Process, a disclosure of all persons or entities with a stake or financial interest in the arbitration, and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator (and any process administrator) is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. An arbitrator (and any process administrator) shall be appointed through a strike-and-rank process unless the parties agree otherwise. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing if the respondent elects one. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Bonobos 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 agreed 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. To the fullest extent permitted by applicable law, you and we 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, private attorney general, or representative proceeding to the fullest extent permitted by applicable law. Further, unless both you and Bonobos agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, private attorney general, or representative proceeding. An arbitrator must follow and enforce the Terms and the law as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. Dispositive motions shall be permitted in arbitration. The scope of any discovery shall be determined by the arbitrator while considering relevance and proportionality and taking into account that arbitration should be efficient, streamlined, and cost-effective for both parties. The arbitrator shall issue a reasoned written decision sufficient to explain their essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. An award shall have no preclusive effect in any other arbitration or proceeding involving non-identical parties.

Costs of Arbitration. Payment of arbitration fees will be governed by the JAMS Rules and fee schedule. You and Bonobos agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with JAMS about arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties and to implement the procedures in this arbitration agreement, which you and we agree have been designed to further this shared interest.

Additional Procedures for Mass Arbitration. You and Bonobos agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If 25 or more similar Disputes (including yours) are asserted against Bonobos by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you agree that your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, a JAMS process administrator shall be appointed through a strike-and-rank process. In addition, your and our counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated in any stage based on the specific matter, mediate or otherwise discuss resolution of the Disputes (separate from the mediation requirements below), and conserve the parties’ and JAMS’s resources. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to JAMS until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

• STAGE ONE: If at least 25 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Bonobos shall each select 10 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be modified by agreement of counsel for the parties. Each of the 20 cases shall be assigned to a different arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a mediator jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Bonobos shall pay the mediator’s fee. 

• STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, the same staged process set forth for Stage One will repeat for Stage Two with 50 total Disputes proceeding in individual arbitrations (25 selected per side) except that arbitrators who presided over a case in Stage One may be appointed to preside over a Dispute that proceeds as part of Stage Two, unless either party objects. After this second set of staged proceedings, counsel for the parties will participate in another global mediation to try to resolve all of the remaining Disputes, and Bonobos shall again pay the mediator’s fee.

Upon completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms, including the provisions of the Dispute Resolution section. Counsel for the parties, however, may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process or, if the parties agree, through a process determined by a JAMS process administrator taking into account the spirit of this arbitration agreement. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms, including the Dispute Resolution section.

Opt Out of Future Changes. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address by certified mail with return receipt or another tracking mechanism within 30 days of the change: Attn:  Legal Department, 1 Express Drive, Columbus, Ohio 43230, with a clear statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Bonobos in accordance with this version of the arbitration agreement.

2. Class Action Waiver; Jury Trial Waiver

YOU AND BONOBOS EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BONOBOS WAIVE THE RIGHT TO A JURY TRIAL.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

General Information

These Terms constitute the entire agreement between you and Bonobos, govern your access and use of the Services, and supersede any prior agreements between you and Bonobos. You may also be subject to additional terms and conditions that are applicable to certain parts of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Bonobos' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Bonobos may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between Bonobos and you as a result of these Terms or your use of the Services.

The failure of Bonobos to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.

If you have any questions about these Terms or the Services, please contact us at guides@bonobos.com or by mail at Phoenix Retail, LLC, 1 Express Drive, Columbus, Ohio  43230.