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Welcome to the BOGO Nut e-Commerce Website (referred to as the "Site" below). By using this Site, you agree to abide by the following Terms of Use. Please read them carefully. If you have any inquiries, feel free to contact us.
These Terms of Use were last updated on May 21, 2023.
ACCEPTANCE OF TERMS OF USE:
BOGO Nut, Inc. ("BOGO Nut," "we," "us," or "our") owns and operates the website www.bogonut.com, including the mobile and touch versions, as well as any future sites that refer to these Terms of Use. By using the Site, accessing BOGO Nut services through the Site, creating an account, or making a purchase on the Site, you agree to these Terms of Use and any additional terms applicable to specific programs you choose to participate in. You also acknowledge and agree to our Privacy Statement, which is incorporated by reference and can be found in our Privacy Policy. It is your responsibility to regularly review the Terms of Use to stay informed about any updates. Together, the Privacy Statement, these Terms of Use, and any other referenced or incorporated terms are collectively referred to as the "Terms of Use." The term "using" also includes any individual or entity that accesses or uses the Site with crawlers, robots, data mining, extraction tools, or any other functionality.
If you do not agree to these Terms of Use, please refrain from using the Site, any BOGO Nut services, participating in any programs, or making any purchases through the Site.
Please carefully review the following sections of these Terms of Use: (A) Dispute Resolution/Arbitration Agreement, including the Class Action Waiver described therein, (B) Limitation of Liability, and (C) Indemnification/Release.
These Terms of Use are organized as follows:
The Site acts as a platform for various merchants ("Merchants") to offer their products and services. This includes the sale of goods, services, or experiences, travel goods and services, direct sale of goods and services ("Merchant Products"), food, beverage, these offerings are referred to as "BOGO Nut Deals." Merchants are solely responsible for the care, quality, and delivery of goods and services provided through the Merchant Offerings. BOGO Nut Merchant Services, or BOGO Nut LLC.
Additionally, the Site allows you to purchase products directly from BOGO Nut ("Products") and participate in other available programs.
Please note that certain Merchant Offerings, Products, programs, and pricing on the Site may change at any time, at BOGO Nut's discretion, without prior notice.
Ownership of the Site:
The Site, its content, and the underlying infrastructure are the property of BOGO Nut, our affiliates, Merchants, and other content providers. By using the Site and agreeing to these
Use of the Website: By using the BOGO Nut website, you agree to the following conditions: • You have reached the age of majority in your state or province of residence. • You can enter into a legally binding agreement. • You are eligible to receive products or services under the applicable law. • You will not use the website with tools like crawlers, robots, data mining, or extraction tools, or any other unauthorized functionality. • Your use of the website will always comply with these Terms of Use. • You will only make legitimate purchases that adhere to the terms of the respective offers. • You will only make purchases on the website for personal use, enjoyment, or as gifts for others. • You have the right to provide accurate, true, current, and complete information when submitting any information to the website. • You will keep your account information and other submitted information accurate and up to date (outdated information may result in account invalidation). • To purchase a Merchant Offering, Product, or participate in other available programs, you must create an account or use the guest checkout feature on the website, subject to the applicable Terms of Sale outlined in these Terms of Use.
Website Access:
BOGO Nut reserves the right, at its sole discretion, to deny service or access to the website or an account to anyone, at any time, and for any reason. While we make reasonable efforts to keep the website and your account accessible, there may be occasional interruptions or events that prevent access to the website or your account, both within and outside our control.
Modification:
We reserve the right to discontinue or modify any part of these Terms of Use at any time, at our sole discretion. If the changes affect your use of the website or our services, we will provide notice of the change on the Terms of Use page. The updated Terms of Use will be effective upon posting the notice. However, the changes will only apply prospectively and not retroactively. If you do not agree with the changes, you may close your account and should refrain from using the website or any services offered through it after the effective date of the changes. We recommend regularly reviewing the Terms of Use to stay informed of any updates. By posting notice of changes on the Terms of Use page, we consider it sufficient notice to inform you of the changes. Your continued use of the website or our services after the changes are implemented will indicate your acceptance of the modified Terms of Use.
Your Account:
You may create and maintain only one account on the website for personal use, and you must register using a valid credit card. It is your responsibility to update and correct any information you provide during the account creation or maintenance process. Within your account settings, you have the option to save, edit, or delete your personal information, including your credit card details, and to opt-out of persistent login. You understand that BOGO Nut bears no responsibility for any incidents arising from your account settings. Safeguarding your password and overseeing the use of your account is your sole responsibility. You are accountable for maintaining the security of your account and ensuring that your preferences are accurately reflected. We assume that anyone using the website or conducting transactions through your account is you. You agree to be solely responsible for any activity occurring under your account. The website may allow you to make purchases without an account or without logging in through the guest checkout feature. If you make a purchase in this manner and do not already have an account, we will create one for you based on the information provided during the transaction (such as your name, address, email address, and other transaction details). You may claim this account later by creating a password.
Your Responsibilities:
When using the BOGO Nut e-Commerce Website, you are required to adhere to the following terms and conditions. If, in our sole discretion, we determine that your conduct hinders or prevents other users from enjoying the Site, we may limit or terminate your privileges on the Site. We reserve the right to pursue other remedies, including the cancellation of your account or forfeiture of any unredeemed value in your account.
Prohibited Activities:
The following activities are strictly prohibited on the BOGO Nut e-Commerce Website and are considered violations of these Terms of Use:
Forbidden Actions: You must not attempt or engage in any of the following actions:
Privacy Protection:
We prioritize the privacy of your Personal Information. We encourage you to review our Privacy Statement to understand how we collect, use, and share personal data, as well as your choices. The Privacy Statement is an integral part of these Terms of Use.
Terms of Sale:
By making a purchase or obtaining any Merchant Offering or Product through our website, you agree to abide by these Terms of Use, which include the Terms of Sale.
Special Programs: By participating in special programs offered by our website, such as BOGO Nut Reserve, BOGO Nut Bucks, Trade-In Program, Coupons, or BOGO Nut+ (Card-Linked) Deals, you agree to comply with these Terms of Use as well as any additional terms specific to each program.
Copyright and Trademarks:
Our website contains copyrighted material, trademarks, and other proprietary information that are protected by United States copyright, trademark, and intellectual property laws. The content on our website, including text, software, photos, videos, graphics, music, and sound, is owned by BOGO Nut. You are not permitted to modify, distribute, publish, transmit, publicly display, publicly perform, create derivative works, or exploit any of the content, either in whole or in part, without the express permission of BOGO Nut or the copyright owner. Any violation of these restrictions may result in legal consequences.
BOGO Nut owns trademarks displayed on the website, while other marks may be used under license from the respective trademark owner. Unauthorized use of BOGO Nut's name, logos, trademarks, or brands, as well as the trademarks or brands of others displayed on the website, is strictly prohibited without explicit permission from BOGO Nut.
User Content:
Our website may provide registered users and visitors with various opportunities to submit or post user-generated content, such as reviews, opinions, ratings, discussions, comments, messages, survey responses, and other communications. By contributing user content, you agree not to upload, post, or make available any material that infringes on the copyright, trademark, or other proprietary rights of others without proper authorization. You are solely responsible for any infringement, damages, or harm resulting from such submissions.
BOGO Nut reserves the right, though not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose user content and the circumstances surrounding its transmission at any time and for any reason. This includes determining compliance with these Terms of Use, operating rules, applicable laws, regulations, or government requests. BOGO Nut assumes no liability for user content or its removal from the website or elsewhere. Furthermore, BOGO Nut has no obligation to use user content and may choose not to use it at all.
Please note that user content is public and may be accessed and read by anyone, including individuals who are not users of BOGO Nut's services. Do not include any personal information in your user content unless you intend for it to be publicly disclosed. BOGO Nut is not responsible for the use or disclosure of any personal information shared in connection with user content.
License Grants:
By submitting user content or other information on our website, you grant BOGO Nut a royalty-free, perpetual, irrevocable, sub licensable, fully paid-up, non-exclusive, transferrable, worldwide license to use, display, distribute, and commercialize any personal information associated with your user content. This includes the right to offer for sale and sell such rights in personal information, whether the user content appears alone or as part of other works, in any form, media, or technology. BOGO Nut may sublicense these rights to multiple tiers of sublicenses without providing compensation to you. However, BOGO Nut is not obligated to use your personal information in connection with any user content.
You retain ownership rights in and to the user content you submit or post on our website. Nonetheless, by contributing user content, you grant BOGO Nut a royalty-free.
Unsolicited Ideas:
BOGO Nut does not accept or consider unsolicited ideas of any kind. Please refrain from sending us any unsolicited materials, including ideas, suggestions, images, or other work. By submitting unsolicited materials, you acknowledge and agree to the following terms:
Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures:
Please note that the contact information for BOGO Nut's DMCA Agent for notice of claims of copyright infringement is as follows: [Provide the contact information for the DMCA Agent].
Disclaimer of Warranty:
Your use of the BOGO Nut website is at your own risk. BOGO Nut and its affiliates do not warrant that the website will be uninterrupted, secure, virus-free, or error-free. Additionally, BOGO Nut does not guarantee the accuracy, completeness, or reliability of the content, merchant offerings, products, or other available programs on the website. The website, its content, and all other information accessible through the website are provided on an "as is" and "as available" basis. BOGO Nut disclaims all representations, warranties, and conditions, whether express, implied, or statutory, including but not limited to those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose.
Limitation of Liability:
In no event shall BOGO Nut, its subsidiaries, affiliates, employees, officers, directors, agents, merchants, partners, or third-party content providers be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the website, the content, user content, merchant offerings, products, or other available programs. BOGO Nut's liability for merchant offerings, products, or other available programs shall not exceed the amounts paid for the applicable voucher, product, or service. These limitations of liability do not affect any warranty provided directly by a merchant or the applicable manufacturer of physical products, nor do they limit any remedies you may have for product-related injury.
Electronic Communications:
When you use the BOGO Nut website or send emails to BOGO Nut, you consent to receive electronic communications related to your use of the website. We may communicate with you via email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirements for written communications. Notices from BOGO Nut will be considered delivered and effective when sent to the email address you provide on the website or from which you email us.
Websites of Others:
The BOGO Nut e-Commerce website contains links to websites maintained by other parties. These links are provided for your convenience, and we do not endorse or express any opinion about the content on such websites. We explicitly disclaim any responsibility for the accuracy of materials or the privacy practices of those websites. If you choose to access websites maintained by other parties, you do so at your own risk. We are not liable for any damage, loss, or liability caused or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on or through such linked sites.
Indemnification/Release:
By using the BOGO Nut e-Commerce website, you agree to defend, indemnify, and hold harmless BOGO Nut, its subsidiaries, and affiliates, as well as their directors, officers, employees, and agents, from any claims and expenses, including attorneys' fees, arising from or related to: (a) any User Content submitted or posted by you or any violation of these Terms of Use in connection with the website; (b) any fraud, intentional misconduct, or gross negligence committed by you; or (c) any violation of applicable laws or third-party rights.
Responsibility for Interactions:
You are solely responsible for your interactions with merchants and other users of the BOGO Nut e-Commerce website. To the extent permitted by applicable laws, you hereby release BOGO Nut from any and all claims or liability related to any product or service provided by a merchant, regardless of whether it is available through our website. This includes any harm caused to you by the actions or inactions of a merchant, their failure to comply with applicable laws or the terms of an offering, or any other product or service obtained from them. Furthermore, this release extends to any conduct, speech, or user-generated content of third parties, whether online or offline.
Force Majeure:
BOGO Nut and its affiliated merchants shall not be held responsible for any failure or delay in performance under these Terms of Use due to events or circumstances beyond their reasonable control. These events or circumstances may include, but are not limited to: (a) weather conditions or acts of nature; (b) acts of war, terrorism, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) major computer hardware or network failures or software disruptions; or (f) any other causes beyond the reasonable control of BOGO Nut or its affiliated merchants.
Assignment:
You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, without the express written permission of BOGO Nut. Any attempted assignment in violation of these Terms of Use will be considered null and void. BOGO Nut reserves the right to assign these Terms of Use, in whole or in part, to any third party at its sole discretion.
Entire Agreement:
These Terms of Use, including the incorporated Terms of Sale, Special Programs, Privacy Statement, and any other terms referenced herein, constitute the entire agreement between you and BOGO Nut regarding the use of the e-Commerce website. They supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and BOGO Nut regarding such matters.
Choice of Law:
Any disputes arising from or related to these Terms of Use or your use of the BOGO Nut e-Commerce website or services shall be governed by the laws of the State of Illinois, without regard to its choice of law rules or conflicts of laws principles. If you reside in Canada, disputes shall be governed by the laws of the province in which you reside at the time you enter into these Terms of Use.
Dispute Resolution/Arbitration Agreement:
(a) Binding Arbitration. Any dispute or claim between you and BOGO Nut and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (collectively referred to as the "BOGO Nut Entities") arising from, relating to, or in connection with the Terms of Use, the website, your use of the website, your personal information, or any products or services ("Disputes") shall be resolved exclusively through final and binding arbitration. However, you may bring a qualifying claim over a Dispute in a small claims court. By agreeing to this Dispute Agreement, you and BOGO Nut agree to forgo the right to pursue a Dispute in court before a judge or jury, except as otherwise specified in this Section 24(a) or Section 24(d). This Section 24 constitutes your and BOGO Nut's agreement to arbitrate Disputes under the Federal Arbitration Act ("Dispute Agreement"). The arbitration will be conducted by the American Arbitration Association ("AAA") and governed by its rules, including the AAA's Consumer-Arbitration Rules available at the ADR Consumer site. The arbitrator will apply this Agreement, applicable law, and the facts to issue a reasoned award, if appropriate.
To initiate an arbitration proceeding, you must submit the Dispute by using the forms available at the ADR Consumer site and send a copy of the completed form to the following address: 7780 Yorktown Avenue, Huntington Beach, CA 92648; BOGO Nut Customer Support. Filing, administration, and arbitrator fees will be governed by the AAA's rules. BOGO Nut will reimburse these fees for Disputes totaling less than $10,000, unless the arbitrator deems the Dispute frivolous. BOGO Nut will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based on written submissions, unless you request or the arbitrator determines a telephone or in-person hearing is necessary. You unconditionally agree that (1) the arbitrator's decision will be based on these Terms of Use and any other agreements referenced herein that you have entered into in connection with the website; (2) the arbitrator will apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will respect legally recognized claims of privilege; and (3) if the AAA is unavailable or unwilling to hear the Dispute, you and the relevant BOGO Nut Entity(ies) will agree to, or a court will select, another arbitration provider.
(b) No Class Action Matters. Both parties agree to bring any Dispute against the other in their individual capacity, not as a plaintiff or class member in any purported class, representative proceeding, or association. Disputes will be arbitrated only on an individual basis, and the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the authority to modify these provisions.
(c) Choice of Law and Forum; No Jury Trial. If a Dispute proceeds in court for any reason: (i) except for qualifying claims over a Dispute in a small claims court, which you may bring in a court of competent jurisdiction in the county of your residence, you and BOGO Nut agree that the Dispute may only be filed in a state or federal court in Los Angeles County, California/Western District of California; (ii) you and BOGO Nut consent and submit to the exclusive personal jurisdiction and venue of such courts for resolving the Dispute; and (iii) you and BOGO Nut waive the right to a trial by jury. The Federal Arbitration Act, AAA rules, applicable federal law, and the laws of the State of California, without regard to conflicts of law principles, will govern this Dispute Agreement and any Disputes.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring a suit in court seeking an injunction or other equitable relief related to the infringement of intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or security of the website, and/or any illegal or intentional act against your interests or the general business interests of BOGO Nut.
(e) Severability. Except for Section 24(b) above, if any part of this Section 24 is deemed unenforceable, the remaining provisions shall remain in full effect and be construed and enforced as if the unenforceable portion were not contained herein. If Section 24(b) is ruled unenforceable, Section 24(a) shall also be deemed unenforceable, but the rest of Section 24 will remain in full effect.
Additional Disclosures:
No waiver by either party of any breach or default or failure to exercise any right under these Terms of Use shall be deemed a waiver of any preceding or subsequent breach, default, or right. The section headings used herein are for convenience only and hold no legal force or effect. If a court of competent jurisdiction deems any provision of these Terms of Use invalid, it shall not affect the enforceability of the other provisions, and the remaining portions shall remain in full force and effect.
The provisions of these Terms of Use apply equally to BOGO Nut, its subsidiaries, affiliates, merchants, and third-party content providers and licensors. Each party shall have the right to assert and enforce such provisions directly for their benefit.
BOGO Nut, LLC. Correspondence should be directed to: BOGO Nut, LLC. 7780 Yorktown Avenue, Huntington Beach, CA 92648; BOGO Nut Customer Support.
