Last updated August 13, 2020

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you the customer or user (“Customer”) and ViBuGo (“Company”), regarding the use of the ViBuGo website and the ViBuGo e-commerce platform (“Site”).

By using the Site and/or selecting the box indicating agreement, Customer is acknowledging that Customer has read, understood, accepted, and agreed to follow these Terms of Use, the Company’s Privacy Policy, Cookies Policy, and Store Policy. Company reserves the right to modify these Terms of Use at any time. If Customer does not agree with the Terms of Use, Customer may not use the Site. 

Company will inform Customer of updates to the Terms of Use by changing the “Last updated” date.

PERMITTED USE

The Site is meant for users who are at least 18 years old. Customers who are between the age of 13 and 18 may use the Site only with permission of a parent or guardian. Customer acknowledges they are at least 18 years old, or has obtained parental or guardian permission to use the Site if betwen the age of 13 and 18. No one under the age of 13 is permitted to use the Site. The Site is intended for informational use and for purchasing of products sold by Company (“Products”).

The Products are meant for users of all ages, and for entertainment use by Customer. 

WARRANTIES AND LIMITATION OF LIABILITY

All information Company collects through the Site is subject to the Company’s Privacy Policy, Cookies Policy, and Store Policy. Customer financial information that is shared with Company for the purpose of purchasing Products shall be kept confidential. Company may use Customer name and email address to inform Customer of future Products.

Company aims to be as accurate as possible in the description and imagery of Products, shipping rate estimates, and delivery estimates on the Site. Company also aims to deliver the Products in as new condition as possible. However, Company cannot guarantee that the Site, Products, or delivery of Products will be completely error-free, especially if Products are sold through a third-party seller and not through the Site.

YOUR USE OF THE SITE AND/OR PRODUCTS IS AT YOUR OWN RISK. THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Company is not liable for errors that occur outside of the Company’s reasonable control, including errors in the Site, Products, or delivery of Products. In the event that Customer is not satisfied with the Products offered by the Company, the Customer’s sole recourse is to return the Products, according to the terms outlined in the Returns and Refunds section of our Store Policy.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE0, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INTELLECTUAL PROPERTY RIGHTS

The Site and Products are the proprietary property of the Company. All information, description, and images on the Site and Products, including copyrights, trademarks and logos, are owned by the Company, and protected by copyright laws, trademark laws, and intellectual property rights of the United States and elsewhere.

Use of the Site or purchase of the Products do not grant to Customer permission or license to copy, modify, or use for commercial purposes the information, description, or images found on the Site or Products.

PRICING AND PAYMENT TERMS

Prices for Products shown on the product page of the Site refer solely to the price of the Products. Sales tax will be added to the price of purchase upon check out. Shipping costs will also be added to the price of purchase upon check out, and may include additional fees for customs costs, VAT, or similar for international shipments.

Purchasing of Products will be done through Stripe, on the e-commerce platform embedded on the Site, or through a third party seller approved by the Company. On the Site, the Company accepts payment in the form of credit card, debit card, or PayPal. If Customer purchases Products through a third party seller, payment will be accepted according to requirements of the third party seller. Customer will provide current, accurate, and complete payment information. 

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by the laws of the United States, and the state of Washington. In the event of a dispute betwen the Customer and the Company, arbitration will be handled within the jurisdiction of Spokane County, Washington.

CONTACT

Customer may contact the Company regarding the Site or Products by sending an email to feedback@vibugo.com.