bogobrush

Order Now!
Go

TERMS OF SERVICE

Do., LLC Terms of Service and Privacy Policy

Last updated: 11.10.2012

 

Acceptance of Terms of Service and Privacy Policy

In consideration for accessing and using www.bogobrush.com (the “Site”) and the Site’s services, you accept and agree to be bound by the terms and provisions of these Terms of Service (“TOS”) and the Privacy Policy These terms apply to and govern your use of all webpages and content contained within the Site. 

Modifications to Terms of Service and Privacy Policy

You understand that the terms of the TOS and Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services.  Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOS and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.

If you disagree with any modification to the TOU or Privacy Policy, you must notify Do., LLC in writing within the ten day (10) time period described above and immediately discontinue any Site services. 

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.

Privacy Policy

See below – under central heading: Do., LLC’s Privacy Policy

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.

Payment Policy

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 contact@bogobrush.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.

Insufficient Payment

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: contact@bogobrush.com.

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 contact@bogobrush.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

You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in the TOU and Privacy Policy.  You agree to not use Site services or anything related to the services offered by Do., LLC for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content.  Additional prohibited uses include: 

                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.

Knowledge of TOU and Privacy Policy

If you are using Site services in conjunction with any third-parties, including but not limited to prospective employees or job applicants, you agree to ensure such third-parties are aware of, and agree to, this TOU and Privacy Policy. 

Breach of the Terms of Service and/or Privacy Policy

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. 

Customer Support


Without limiting the forgoing disclaimer of warranties or assumption of risk sections, site support can be reached by sending an email to: contact@bogobrush.com.


Indemnification

As a user of this Site, you agree to release, indemnify, defend and hold harmless Do., LLC and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys' fees and expenses, made by any third-party or relating to or arising under violations of your TOU or the Privacy Policy, your submissions to the Site, the services provided by Do., LLC to you, your use of any services of the Site or provided by Do., LLC, or your alleged violation of any rights of another.  This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law.  This indemnification obligation is in addition to any other rights or remedies Do., LLC may have in law or equity.

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

By using the services provided by Do., LLC under this TOS and Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOS and the Privacy Policy.  You also agree to be bound by all amended terms and conditions of this TOS and the Privacy Policy.  These terms of this TOS and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the services.

Reports of Abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating the TOU or privacy policy, you may inform Do., LLC in writing about the facts and circumstances of the alleged abuse/violations by writing to: contact@bogobrush.com.  Do., LLC may, but is not obligated, to conduct an investigation into the allegations.  Do., LLC reserves the right to remove accounts, content, or postings that Do., LLC, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Termination of Services

You acknowledge and agree that we may terminate or block your use site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by this TOS or the Privacy Policy.  You agree that upon termination or discontinuance for any reason, Do., LLC may delete all information related to you on the service and may bar your access to and use of Site services.

Notices and Communication

You authorize Do., LLC and its sponsors and affiliates to communicate with you to the full extent allowed by Do., LLC’s Privacy Policy. If you do not wish to receive bulk email solicitation notices or announcements from Do., LLC, please send us an email at contact@bogobrush.com.  To the extent you do not wish to receive communication from sponsors and affiliates, you should contact them directly.

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.

The terms and conditions of this TOS and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within Wisconsin.

You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this TOS, the Privacy Policy, or related to Site services provided by Do., LLC to you shall be brought and maintained exclusively in the state or Federal courts located in Ramsey County, Minnesota. Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Ramsey County, Minnesota, for the purpose of any such litigation as set forth above.  You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

Exclusive Remedy and Damages Cap

You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Do., LLC related to the Site, this TOS, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for such services, or $1,000, whichever is less.  IN NO EVENT SHALL DO., LLC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFROMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS, WAGES, BACK WAGES, FUTURE WAGES, OR STATUTORY PENALITIES RELATED TO EMPLOYMENT MATTERS,) ARISING OUT OF OR RELATIGN TO THE USE OF THIS SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH DO., LLC MAY BE RESPONSIBLE.

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

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOU, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.  

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

You may not assign any of your rights or delegate any of your duties under this TOU without the prior written consent from Do., LLC.  Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOS and Privacy Policy is voidable at Do., LLC’s option.

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 any provision of this TOS or Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision in this TOS, which is held illegal, unenforceable, or invalid would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum affect to the originally drafted provision. 

Attorneys’ Fees

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.

Headings

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.

Legal Advice

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. 

 Contact Information

contact@bogobrush.com

406 Wacouta St. # 505 St. Paul, MN 55101

651.271.5101

 

Do., LLC’s Privacy Policy

 

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 contact@bogobrush.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.

We Reserve the Right to Update and Revise this Privacy Policy at Any Time.

From time to time we review this Privacy Policy to ensure that it complies with applicable law. Consequently, we reserve the right to update and revise this Privacy Policy at any time. You will know if this Privacy Policy has been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.

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.

Please be aware that we are not and cannot be responsible for the privacy practices of any websites that you access through our website and that this Privacy Policy applies solely to the information which we collect through our website. We encourage you to ensure that you read the privacy statements of all the destination websites which you visit.