Do., LLC Terms of Service
Last updated: July 23, 2015
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
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.
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 agree 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.
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 to 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.
444 W Willis St Unit 103, Detroit, MI 48201