Terms and Conditions
Terms and Conditions
BOGO plus reserves the right to take any such action as it deems necessary in the event that it suspects any fraudulent or unlawful activity, including without limitation, terminating access to the Web Site, terminating any BOGO plus accounts and/or cancelling any order for products.
Use of Web Site
You will not use the Web Site for junk mail, 'spamming' solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Web Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Web Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Web Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Web Site. If you download software or any other content from the Web Site, you do so at your own risk.
Copyright and Trademarks
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Web Site are registered and unregistered trademarks, trade names and service marks owned by BOGO plus and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by BOGO plus. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Site without BOGO plus 's written permission or the written permission of such third-party owner.
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. BOGO plus will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify BOGO plus of any objectionable User Communications. We retain the right to remove any or all User Communications in our sole discretion.
We may suspend or terminate your use of the Web Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice. Additionally, we may cancel any order placed through the Web Site at any time in our sole discretion.
Purchasing Products; Returns
All products purchased from the Web Site are delivered pursuant to a shipment agreement. Accordingly, the risk of loss and title to such purchased products pass to you upon our delivery to a commercial carrier.
We attempt to describe our products as accurately as possible. However, we do not warrant that any product description or other content on the Web Site will be accurate, complete, reliable or error-free. If a product purchased on the Web Site does not conform to the product description, your sole and exclusive remedy is to return the unused product.
The price for any item purchased from the Web Site is not confirmed until your order is accepted by BOGO plus. Although we strive to make our Web Site pricing as accurate and up to date as possible, the price you receive at order acceptance may differ from the price displayed for the product on the Web Site.
When you shop with us, we want you to be completely satisfied. If you are not satisfied with a purchase made at the Web Site, you may return it for an exchange or refund of the purchase price you paid minus all shipping charges. We can only accept returns purchased through the Web Site. All purchases made through a department store or an BOGO plus store must be returned to the original place of purchase.
For more information, please check our Return Policy.
If you have any questions about our returns process, please contact customer services.
This Web Site may contain links to other web sites that are not owned, operated or controlled by BOGO plus or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Web Site, you do so entirely at your own risk.
If you intend to create any link from another web site to any page on this Web Site, you will inform us via email at: firstname.lastname@example.org. We reserve the right to prohibit any such link at any time. Any permitted links to the Web Site must comply with all applicable laws, rules, regulations and orders and any applicable BOGO plus policies. Running or displaying the Web Site or any Content in frames or similar means on another web site without our prior written permission is prohibited.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, THE WEB SITE, CONTENT AND ANY PRODUCTS PURCHASED FROM THE WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, BOGO plus EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB SITE, CONTENT AND ANY PRODUCTS PURCHASED FROM THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BOGO plus MAKES NO WARRANTY THAT THE WEB SITE, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE, THE CONTENT OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.
BOGO plus DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability
IN NO EVENT WILL BOGO plus BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEB SITE OR CONTENT OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEB SITE. EXCEPT AS EXPRESSLY STATED ON THIS WEB SITE, BOGO plus MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEB SITE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Governing Law; Arbitration
Remedies for Breach of these Terms by You
If your ability to access and/or use the Web Site or any other service provided to you by BOGO plus is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Web Site, any other service provided by BOGO plus, through use of a different member name or otherwise.
We respect the intellectual property of others, and we expect users of the Web Site to do the same. If you believe that your work has been copied and is accessible on our Web Site in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Web Site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Access to and use of the Web Site is made available only to people who can form legally binding agreements under applicable law. The Web Site is intended for a general audience and is not intended to be used by minor children. Children accessing the Web Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Web Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Web Site; and (iii) the consequences of any use of the Web Site by such Minor. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors.