Last updated: 11.10.2012
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Payment of Fees
Do., LLC may charge you for services in conjunction with using the Site, including but not limited to payment for product orders, shipping, or other items available for purchase. We may assess and collect from you fees, surcharges, or other supllemental payment requirement imposed on Do., LLC by and governmental, regulatory, or financial institution or entity. You may make payments to Do., LLC by various methods, which may include valid credit card, o rPaypal. Do., LLC reserves the right to expand or limit its payment options.
In conjunction with each payment you make to Do., LLC, or in which a third-party makes on your behalf, you warrant that the payment information is true and correct.
The following terms apply regardless of the method of payment:
1. Payment is due at the time of purchase/order
2. If purchasing an annual membership, payment made at time of purchase will satisfy products and shipping for an entire year.
Refunds, Exchanges, and Cancellation
Do., LLC will refund or exchange any product for any reason within 14 days of delivery. do., LLC will refund or exchange any product that breaks during the ordinary course of use within 90 days of delivery. Do., LLC will refund or exchange a product within 14 days of receiving the unsatisfactory or damaged product from you.
If you wish to cancel an annual membership, you must notify Do., LLC by emailing email@example.com, or by following any cancellation instructions given in the regular email communications from Bogobrush.com, or replying through another available method. Such notice of cancellation will be accepted only as it applies to future shipments or produc torders in que. If cancellation is in the middle of a payment cycle, Do., LLC will refund you for a pro-rata share of services/products remaining in the previously paid membership.
You understand and agree that any declined payment may lead to additional fees and to the suspension or termination of your product order. You also understand and agre that you are solely responsible to ensure prompt payment of all fees to Do., LLC and that Do., LLC is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.
Your Account Security
You are responsible for maintaining the security in your Do., LLC account. You agree to promptly notify Do., LLC of any security breach relating to your Bogobrush account. Such notices should be sent to: firstname.lastname@example.org.
Accuracy of Information Provided by You
You agree that all information you provide Do., LLC is true, current, complete and accurate. You agree to notify us within five (5) business days of a change in any information you provided us. Such notices may be sent to email@example.com. Failure to provide such new information may lead to the suspension or termination of your account. You warrant that you provided notice to, and obtained consent from, any third-party whose personal data you supply to Do., LLC.
Code of Conduct
Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party's use and enjoyment of the Site;
Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
Use any metatags or any other "hidden text" utilizing Do., LLC’s name, service or trademarks or trade dress without the express written consent of Do., LLC,
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
Use the Site, services or tools if you are not able to form legally binding contracts
Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator; and
Any attempt to reverse engineer or reconstruction any portion of the Site.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site services. You further agree to that to the extent you are using the Site for the purposes related to ________________ and that will adhere to all applicable State and Federal laws and regulations.
Do., LLC reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site.
Individuals violating the restriction of password protected areas of the site may be subject to prosecution.
Use of Name
For all commercial customers, you consent to Do., LLC using your company’s name in advertising and promotional materials related to Site services.
Maintenance/Site Down Time
Do., LLC reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Do., LLC will attempt to communicate any expected prolonged system outage to Site users in advance of outage.
Do., LLC is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Do., LLC’s control.
Intellectual Property Rights
You agree that Do., LLC holds all right, title and interest to all services, its websites any information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.
All content including but not limited to text, graphics, downloads and software included on this site is the property of Do., LLC or its licensors and protected by United States and international copyright laws.
You also grant Do., LLC a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to Do., LLC. Such information will be used solely by Do., LLC in conjunction with marketing the Site and its services.
Disclaimer of Warranties
DO., LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVILABLE" BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF DO., LLC. DO., LLC DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. DO., LLC DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETNESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF DO., LLC, DO., LLC PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, DO., LLC, OR ANY THIRD-PARTY ASSOCIATED OR AFFILIATED WITH DO., LLC.
DO., LLC DOES NOT WARRANTY OR GUARENTEE ANY OF ITS USERS COMPLIANCE WITH LAW, INCLUDING BUT NOT LIMITED TO EMPLOYMENT LAWS. USERS WHO USE THIS SITE IN CONJUNCTION WITH AN EMPLOYMENT APPLICATION DO SO AT THEIR OWN RISK. DO., LLC IS NOT RESPONSIBLE FOR THIRD-PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
Assumption of Risk
When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your owner discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss or corruption of data.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, site support can be reached by sending an email to: firstname.lastname@example.org.
Right to Refuse Service
Do., LLC, in our sole discretion and without any liability to us, reserve the right to refuse service to any person or entity.
Consent and Survival of Agreement
Reports of Abuse
Termination of Services
Notices and Communication
You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases from bogobrush.com are deemed made within the State of Minnesota.
Exclusive Remedy and Damages Cap
Time Limitations for Action
Unless prohibited by law, you agree that any cause of action arising out of or related ot services provided to you by Do., LLC must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Waiver of Jury Trial
No Third Party Beneficiaries
Except as expressly provided herein, nothing in this TOS is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
Successors and Assigns
Except as otherwise expressly provided herein, this TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
Severability of Terms
If Do., LLC prevails in any action, suit, or proceeding arising from or based upon this TOS, Do., LLC shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in this TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents Only. In accordance with Cal. Civ. 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 them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
DO., LLC DOES NOT OFFER LEGAL ADVICE OR SERVICES TO USERS. USERS OF THE SITE SERVICES ARE ENCOURAGED TO OBTAIN THEIR OWN COUNSEL REGARDING THEIR RIGHTS AND RESPONSIBILITIES UNDER THIS TOU AND ANY AGREEMENT ENTERED INTO WITH ANY THIRD-PARTY. FURTHER, DO., LLC DOES NOT PROVIDE ANY LEGAL ADVICE OR WARRANTIES REGARDING THE LEGALITY OF THE TERMS AND CONDITIONS CONTAINED WITHIN AGREMENTS BETWEEN USERS OF THIS SITE.
406 Wacouta St. # 505 St. Paul, MN 55101
Information we Collect
We collect two types of information from visitors of our website: personally identifiable information and non-personally identifiable information.
If you purchase our products or services, we request certain personally identifiable information from you on our order form. This includes contact information such as your name, email address, and shipping address, as well as financial information such as a credit card number and its expiration date. We use the personally identifiable information that we collect for billing purposes and to fill your orders. If we have trouble processing an order, we also will use this information to contact you.
In addition, if you contact us by email through our website, we may keep a record of your contact information and correspondence. In any event, we reserve the right to use your email address and any other personally identifiable information that you provide to us to respond to you and to send you marketing materials for our own products and services. We will not share your information with outside parties who wish to market other products and services to you.
If at any time you would like to change your personally identifiable information, or if you no longer wish to receive materials from us or would like your personal information removed from our database, please contact us at email@example.com. Alternatively, if you receive materials from us by email you can make use of the "opt out" provision in our communications so that we know that you no longer wish to receive any materials from us.
Like most websites, our website may incorporate “pixel tags”, “web beacons”, or similar tracking technologies and “cookies” that allow us to track the actions of visitors of our website. Pixel tags and cookies are used to collect non-personally identifiable information, such as the name of your internet service provider, the IP address of the computer you are using, the type of browser software and operating system that you use, the date and time you access our website, the website address, if any, from which you linked directly to our website, the website address, if any, to which you travel from our website, your home page customization preferences and other similar traffic-related information. We may aggregate your information with similar data collected from other visitors to help us improve our website and the products, services, applications, content and features that we provide through our website. We do not use non-personally identifiable information in any way to create or maintain a personal profile of you or collect personally identifiable information from you.
How We Use the Information We Gather
Generally, we will not disclose the personally identifiable information that we collect through your use of our website to unaffiliated third parties. We reserve the right, however, to provide such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain services for us, including order fulfillment and website-related services such as web hosting, to improve website-related services and features, to perform maintenance services, and to distribute advertisements and other marketing materials on our behalf. We also reserve the right to disclose any personally identifiable information that we collect to any third party if we believe that we are required to do so for any or all of the following reasons: (i) to comply with the law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of our website or our network; and/or (iv) to protect the rights, property, safety and security of Warby Parker and its employees, our website visitors, and/or the public.
How we protect your Information
Our physical, electronic, and procedural safeguards meet or exceed current federal standards regarding the protection of customer information. We also require contractors and outside companies who work with us to adhere to strict privacy standards through their contracts with us. Unfortunately, no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. Consequently, while we use commercially reasonable efforts to protect your personally identifiable information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with the website. Any information that you provide to us is done so entirely at your own risk.
In the Event We Engage in a Business Combination, We Reserve the Right to Transfer Any Information that We Collect through Our Website.
If we sell all or any part of our business or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, we reserve the right to access, transfer or disclose any and all information that we collect from our website’s visitors, or that we otherwise collect in connection with the website, to the party or parties involved in the transaction as part of that transaction.
Our Website may Contain Links to Other Websites.