Welcome to BogoNut.com ("Site"), your gateway to our selling services ("Services"). To utilize the Services and list items for sale on the Site, individuals must agree to the terms and conditions outlined in this Participation Agreement. Your registration and use of the Services signify your acceptance of all the terms and conditions herein, with all Site policies and guidelines incorporated by reference.
BOGO Nut, LLC. ("BogoNut.com") retains the right to modify any terms and conditions within this Participation Agreement, as well as any policies or guidelines governing the Site or Services, at its discretion and at any time. Changes become effective upon posting on the Site, with notice of alterations to this Participation Agreement displayed for thirty (30) days. It is your responsibility to review such notices and any applicable modifications. Your continued use of the Site and Services following any posted changes constitutes your acceptance of such revisions. If you disagree with any alterations to this Participation Agreement, refrain from using the Services or the Site.
Eligibility:
Use of the Site and Services is restricted to parties capable of lawfully entering into contracts under applicable law. Minors are prohibited from using the Services. To register, provide accurate information, including your real name, address, phone number, email address, and valid credit card details.
Sellers' Listing Fees and Payment Terms:
Refer to the Fee Schedule and Payment Terms in the Help section for Marketplace listing fees. All fees, unless stated otherwise, are in U.S. dollars and are integral to this Participation Agreement. The Fee Schedule and Payment Terms may change, and those in effect at the item's listing date govern the transaction. All fees, including subscription plan fees, are payable upon demand via Visa, MasterCard, American Express, Discover, JCB, or Diners Club credit cards. Listing an item on the Site authorizes BogoNut.com to charge your credit card for the due amounts.
Applicable Policies and Guidelines:
Adhere to the procedures and guidelines outlined in the Help section for fixed-price sales and auctions, which are incorporated into this Participation Agreement. These rules explain processes, acceptable conduct, and prohibited practices. BogoNut.com may modify these procedures and guidelines without notice, and you are responsible for regularly checking the Help section for the current rules.
BogoNut.com Role:
BogoNut.com serves as a venue for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete transactions. BogoNut.com is not part of the actual transaction, nor is it the agent with authority for either party. Sellers are responsible for accurate item descriptions and may not list prohibited items, as defined in the Help section guidelines. Sellers use the Site and Services at their own risk.
BogoNut.com Payment Service:
a. To list items in the Marketplace, registration with BogoNut.com and the use of the BogoNut.com Payment Service (the "Payment Service") are mandatory. The Payment Service facilitates credit card payments authorized by buyers ("Payment Transactions") to be credited to a registered seller's account summary, with periodic transfers to the seller's designated checking account ("Seller Account"). Buyers can authorize Payment Transactions using any major credit card accepted by BogoNut.com. The Payment Service aids in facilitating Marketplace transactions but is not the purchaser of the seller's goods. Any dispute resolution between the seller and buyer is the responsibility of the seller, either independently or with the assistance of the BogoNut.com A-to-z Guarantee, but not through the Payment Service. Sellers must register online with BogoNut.com to use the Payment Service, providing accurate and updated information as required. Sellers are not allowed to impersonate any person or use a name without legal authorization. Sellers authorize verification of their information, including credit reports, by BogoNut.com during registration.
b. The Payment Service is exclusively available to individuals and others meeting the eligibility criteria for the BogoNut.com online selling community, holding a credit card issued by a United States bank, and having applications acceptable to BogoNut.com. Payment Transactions can only be credited to bank checking accounts in the United States. Sellers waive any rights concerning the Service when shipping to an address other than that provided by the Service.
c. The Payment Service is generally available 24/7, except for scheduled downtime due to system maintenance. Payment Transaction credits to the Seller Account can only be initiated on a Business Day when automated clearinghouses are open. Business Days are defined as Monday through Friday, excluding federal banking holidays. Sellers receive receipts for completed transactions via email and can access their Payment Service transaction information online on the Manage Your Amazon.com Payments Account page within the Seller Account section of Marketplace. Access to the Seller Transactions feature requires a compatible browser with the Payment Service.
d. In transactions where the buyer has overpaid, sellers may use the "Refund Buyer" link to refund the excess amount through the Payment Service. For underpaid transactions, sellers can use the "Create invoice" link to request the remaining amount from the buyer through the Payment Service. Balances for a 14-day period are reflected in the Seller Account Summary, and credit initiation occurs on a rolling 14-day cycle ("Payment Date"). Requests for fund transfers within this cycle can be made after 14 days of Seller registration with the Payment Service. Fees for Payment Transactions are deducted from the Seller Account Summary balance on the next Payment Date.
f. Transfers to the Seller Account are generally credited within five Business Days. In cases where electronic credits are not accepted, a paper check may be issued. Sellers must provide full refunds directly to buyers if items cannot be shipped promptly, but no later than thirty (30) days following the sale. Notices will be sent via email or posted on the BogoNut.com website, and sellers are responsible for checking their email messages frequently. Email notices are deemed received the Business Day after transmission. We may impose transaction limits for security reasons and reserve the right to delay transfers pending an investigation if violations of the Participation Agreement are suspected.
k. Registration for the Payment Service is free, and fees are included in the Marketplace listing fees. Fees are subject to change, and BogoNut.com may waive, reduce, or reverse charges at its sole discretion. BogoNut.com reserves the right to refuse service to anyone and may seek reimbursement from sellers for various reasons, such as reimbursing buyers under the BogoNut.com A-to-z Guarantee or chargebacks.
m. Sellers may terminate participation in the Payment Service at any time, with fees incurred before termination becoming payable. BogoNut.com may also terminate seller participation at any time, canceling any pending transactions upon termination.
n. For inquiries about the Payment Service, contact BogoNut.com at info@BogoNut.com or call toll-free at (800) 995-7349.
BogoNut.com Reservation of Rights:
BogoNut.com reserves the right to promptly cease any auction or fixed-price sale, hinder or limit access to the Site or the Services, or take any necessary action to restrict objectionable material, inaccurate listings, inappropriately categorized items, unlawful items, or items otherwise prohibited by the procedures and guidelines in the Help section. BogoNut.com also maintains the right to seek reimbursement from the Seller if, at its sole discretion, it decides to reimburse the Buyer under the BogoNut.com A-to-z Guarantee or in the event of a chargeback from the Buyer's credit card issuer for the amount of the Buyer's purchase from the Seller.
BogoNut.com Participation:
BogoNut.com may participate in auctions periodically. When BogoNut.com offers goods for auction, it adheres to the same procedures and guidelines outlined in the Help section, treating it no differently than any other seller engaged in an auction. Furthermore, BogoNut.com employees have the right to participate in transactions in their personal capacity, following the Participation Agreement and the same procedures and guidelines as any other Buyer or Seller on the Site, unless they possess confidential information about a specific item.
Your Transactions:
In fixed-price sales where a Seller lists goods, the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. By listing an item in a fixed-price sale or auction, you assert to prospective Buyers that you have the right and ability to sell the item, and that the listing is accurate, current, complete, and not misleading or deceptive.
Your Obligation:
By entering into this Participation Agreement and posting a listing for auction or fixed-price sale, you commit to completing the transaction as per the terms outlined in this Participation Agreement. Failure to fulfill these obligations may have legal consequences.
Sales/Use Taxes:
Sellers and Buyers are responsible for determining whether sales or use taxes apply to transactions and for collecting, reporting, and remitting the correct tax to the relevant tax authority. BogoNut.com is not obligated to determine or handle any sales or use taxes arising from transactions.
Refund Obligation:
Sellers must provide a full refund directly to any Buyer who remits payment, whether paid directly or through BogoNut.com, if the item cannot be shipped at the close of the sale. The refund must be provided promptly, but no later than thirty (30) days after the sale's conclusion. Buyers seeking a refund can contact the Seller directly.
International Listings and Transactions:
Sellers may choose to list items internationally, and in case of any inconsistency between Participation Agreements at different sites, the terms of the site where the Buyer completes the transaction shall prevail. Sellers must comply with all applicable laws, including import and export laws, when listing items for sale internationally.
Password Security:
Your password is solely for accessing the Site, using the Services, electronically signing transactions, and reviewing completed transactions. You are responsible for maintaining the security of your password and may not disclose it to any third party except those authorized by you to use your account. If your password is compromised, you must change it immediately.
Illegal Activity:
a. Compliance with Laws; Fraud: The Site and Services are to be utilized exclusively for lawful purposes and in a lawful manner. Users must adhere to all applicable laws, statutes, and regulations. False registration information, use of invalid or unauthorized credit cards, impersonation of participants, or unauthorized password usage is strictly prohibited. Such fraudulent conduct constitutes a violation of federal and state laws, and BogoNut.com will collaborate with law enforcement to ensure that offenders are prosecuted to the fullest extent of the law.
b. Investigation: BogoNut.com reserves the right, though not obligated, to monitor all activity and content associated with the Site. The platform may investigate reported policy violations or complaints and take appropriate actions, including issuing warnings, suspending or terminating services, denying access, or removing materials, including listings and bids. BogoNut.com retains the absolute discretion to remove, screen, or edit any content that violates these provisions or is deemed objectionable.
c. Disclosure of Information: BogoNut.com also reserves the right to report suspected unlawful activities to law enforcement officials, regulators, or third parties. To cooperate with governmental requests, protect BogoNut.com systems and customers, or ensure the integrity of its business and systems, BogoNut.com may access and disclose any necessary information, including user contact details, IP addresses, traffic information, usage history, and posted content.
Privacy:
Refer to our Privacy Notice for details. The Privacy Notice may undergo changes, and it is your responsibility to check for updates regularly. Unless authorized or consented, refrain from using any accessible information regarding other participants for solicitation, advertising, unsolicited emails, spamming, harassment, invasion of privacy, or any objectionable conduct.
No Warranties:
a. General Disclaimer: The Site and Services are provided "as is," and BogoNut.com makes no representations or warranties of any kind, whether express or implied.
b. Implied Warranties: BogoNut.com disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
c. Availability and Performance: No assurance is given regarding the availability, accessibility, uninterrupted operation, timeliness, security, or error-free nature of the Site or Services.
d. Representation of Sellers: BogoNut.com does not guarantee that information, content, materials, or products listed on the Site by sellers will be as represented, available for sale, or lawful.
e. No Obligation in Tort: BogoNut.com disclaims any obligation, liability, right, claim, or remedy in tort, irrespective of negligence. To the fullest extent permissible under applicable law, all such warranties are disclaimed by BogoNut.com.
General Release:
In light of BogoNut.com non-involvement in transactions or dealings between Buyers, Sellers, or other participants, any dispute that arises releases BogoNut.com (along with its agents and employees) from all claims, demands, and damages—whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or connected with such disputes.
Limitation of Liability:
BogoNut.com is not liable for any damages, including but not limited to direct, indirect, incidental, punitive, and consequential damages, related to the Participation Agreement, the Site, the Services, the inability to use the Services, or arising from any goods or services purchased, obtained, messages received, or transactions entered into through the Services.
Applicable Law:
The Site and Services, organized, sponsored, or managed by BogoNut.com, are governed by the laws of the state of California, USA. Any legal action or equity arising from or relating to these terms and conditions shall be subject to confidential arbitration in California. BogoNut.com may seek injunctive relief in California for intellectual property rights violations. Arbitration shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award is binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under this Agreement shall be joined with an arbitration involving any other party under this Agreement.
Disputes:
Due to BogoNut.com non-involvement in the actual transaction between Sellers and Buyers, and not acting as an agent, BogoNut.com does not participate in resolving disputes between participants. Sellers and Buyers are encouraged to cooperate with each other to resolve disputes.
Your Grant:
By entering into this Participation Agreement and listing an item, you grant BogoNut.com and its affiliates a nonexclusive, worldwide, royalty-free, irrevocable right to exercise copyright, trademark rights, and rights of publicity over the material displayed in your listings for use on the Site and Services, including advertising and promotion.
Termination:
BogoNut.com may terminate this Participation Agreement, access to the Site or the Services, or any current auctions or fixed-price sales immediately without notice. Termination of your participation agreement with BogoNut.com international site may also lead to termination of this Participation Agreement and vice versa.
General Provisions:
a. Entire Agreement: This Participation Agreement, along with the general terms and conditions of the Site, constitutes the entire agreement, superseding all prior agreements between the parties.
b. No Agency; Third-Party Beneficiary: BogoNut.com is not your agent, fiduciary, trustee, or representative, and nothing in this Agreement is intended to grant legal or equitable rights to any person other than the parties involved.
c. Severability: If any provision is deemed unlawful or unenforceable, it shall be deemed severable, not affecting the validity of the remaining provisions.
d. No Waiver: BogoNut.com rights and remedies are not waived unless in writing. Delay or omission in exercising rights will not be construed as a waiver. BogoNut.com failure to enforce any provision does not waive the right to subsequently enforce it.
