Terms of Service
Last Updated: August 18th, 2020
By visiting our Platform and/or by accepting these Terms upon check out when purchasing something from us (the “Products”), signing up for a membership to access the Services (a “Membership”), or submitting your contact information to us, you agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, members, users, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing, using our Services, or opting to accept these Terms. If you do not agree to all the Terms, then you may not take advantage of the Services. If these Terms are considered an offer, acceptance is expressly limited to your agreement to these Terms.
Any new features or tools which are added to the current Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Platform. You are encouraged to review these Terms each time you use the Services because your use of the Services after the posting of changes will constitute your acceptance of the changes.
The Services, its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ohgobogo Mall, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We grant you a personal, limited, nontransferable, nonexclusive license to access and use the Services. We reserve the right, in our sole discretion and without notice to you, to revise the products and offers available on the Services and to change, suspend or discontinue any aspect of the Services and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Services or restrict your access to part, or all, to the Services without notice or penalty. Your continued use of the Services will constitute your acceptance of any such changes.
Section 1 - Use of Services
You may use the Services only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Services and are responsible for the consequences of such communications. Any other use of the Services requires the prior written consent of Ohgobogo Mall. You may not otherwise copy, modify, or distribute the contents of the Services without the prior written consent of Ohgobogo Mall. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Services, in whole or in part.
We require all members to agree not to use the Services, and specifically prohibit any use of the Services, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
Engaging in any harassing, threatening, intimidating, predatory, or stalking conduct;
Posting any information which is untrue, inaccurate, or not your own;
Using or attempting to use another user’s account without authorization from such user and Ohgobogo Mall;
Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Site, the App, and Services in any manner;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the Platform, Ohgobogo Mall’s network security, or attempting to use the Services to gain unauthorized access to any other computer system;
Using the Services to drop ship merchandise to third parties;
Purchasing in bulk for resale;
Purchasing products for commercial use or in connection with distribution via a commercial meal service (e.g. school cafeteria; school snacks, etc.); and
Using the Service or shipping products outside the United States.
You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Services. Further, you may not use any such automated means to manipulate the Services, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Services or any other user’s use of the Services, including without limitation, via means of overloading, “flooding, “mailbombing” or “crashing” the Services, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Services within another web site. You may not resell use of or access to the Services to any third party without the prior written consent of Ohgobogo Mall.
Section 2 - Services Not for Minors
The Services are not targeted toward or intended for use by anyone under the age of 18. By agreeing to these Terms of Service, you represent that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Ohgobogo Mall account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. You may not use the Services or sign up for a Membership if you are not at least 18 years of age. If we later discover or suspect that a person is younger than 18 years of age, we reserve the right to take steps to cancel access to the Services, including cancellation of such person’s Membership.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
Section 3 - Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our members or users and ourselves from fraud or other unauthorized or illegal activity.
If you use a password to access the Services or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Services, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will change your Ohgobogo Mall account password or notify Ohgobogo Mall immediately. Ohgobogo Mall reserves the right to take any and all action it deems necessary or reasonable to maintain the security of the Services and your account, including without limitation terminating your account, changing your password, or requesting information to authorize transactions on your account. While Ohgobogo Mall takes prudent steps to protect your account and the Services, it cannot protect your information outside of the Services. Ohgobogo Mall may rely on the authority of anyone accessing your account or using your password and in no event will Ohgobogo Mall be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Ohgobogo Mall under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.
You acknowledge and understand that the reCAPTCHA API works by collecting hardware and software information, such as device and application data, and the results of integrity checks and sends that data to Google for analysis. Pursuant to section3(d) of Google APIs Terms of Service, you agree that by using the Services you consent to Ohgobogo Mall’s collection of user and device data to be passed on to Google for reCAPTCHA analysis.
Section 4 - Ohgobogo Mall Membership
In order for you to take advantage of the Services, you will be required to sign up for an Ohgobogo Mall Membership. Information regarding the cost of the Membership can be found on our FAQs (the “Membership Fees”). All Membership Fees are paid in advance for the Membership Term; such term will vary based on the initial membership period you selected, i.e. 1 year, 3 months, etc. (the “Term”). Ohgobogo Mall may from time to time offer different lengths of Membership Term.
AUTOMATIC RENEWAL TERMS: All Memberships renew automatically for the Membership Term until you cancel. By purchasing a Membership, you agree and acknowledge that your Membership has an initial prepayment feature for the selected period of Service and a recurring Membership Fee at the then-current Membership rate for your selected Term, and you accept responsibility for all recurring charges prior to cancellation, including any charges processed by Ohgobogo Mall after the expiration date of your payment card, where applicable.
CANCELLATION POLICY FOR MEMBERSHIPS: The “membership fee” is paid once a year and the amount is set at $36 a year. After signing up for "Ohgobogo Member", no refund will be given until the service period is complete. Upon cancellation, you will not be charged for any renewal periods and your Membership will not continue past the then-current period. However, all Membership Fees paid prior to termination of your Membership are non-refundable and you shall be responsible for any charges to your chosen payment method for the Membership prior to your cancellation.
CHANGES TO MEMBERSHIP PRICE: We reserve the right to adjust pricing for our Memberships, Services, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Membership Fees will take effect following notice to you.
Section 5 - Trial Membership Offers
Ohgobogo Mall may, from time to time, to the extent legally permitted offer free trial Memberships for a limited period of time (“Free Trial”). The terms and conditions of such Free Trial will be communicated to you when you sign up for the Free Trial.
AUTOMATIC RENEWAL FOR TRIAL PERIODS: Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Membership (plus any applicable taxes and other charges) for as long as your Membership continues for a Term preselected by you, or if you did not preselect a Term for an annual Membership until you cancel your Membership prior to the end of your free trial.
CANCELLATION POLICY FOR TRIAL PERIODS: You may cancel your Membership at any time prior to the end of the trial period by contacting us at (909) 366-9339 or email us at firstname.lastname@example.org. Please note that you may not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and with our sole discretion.
Section 6 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on the Services is not accurate, complete, or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Platform does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Services.
The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Services.
Section 7 - Modifications to the Service and Prices
Prices for Services and any products made available through the Services are subject to change without notice. If we are going to change the Membership Fees, we will provide you with notice of such change in a commercially reasonable manner.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.
Ohgobogo Mall reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
Certain products or services may be available exclusively online through the Services. These products or services may have limited quantities.
Certain states, counties, cities, and towns expressly prohibit the direct shipment of certain products to consumers and violation of such laws, rules, and/or regulations can be punishable as a misdemeanor or felony. Therefore, we may not be able to deliver certain products to you.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
Section 8 - Accuracy of Billing and Account Information
When you sign up for a Membership or purchase any product or service made available through the Services (each such purchase, a "Transaction"), you agree to provide current, complete, and accurate purchase and account information for all purchases made via our Services. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your transactions and contact you as needed.
You may only have one Membership account per household. We shall have the sole discretion to determine if you have created more than one Membership per household and if we determine that you have done so, we reserve the right to cancel your Membership and modify any orders that you have placed through the Services. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. If you have obtained multiple promotional discounts as a result of setting up multiple Membership accounts for a single household, we may charge you the difference for any products purchased with a discount that was obtained in violation of these Terms or the stated terms of the promotion or discount.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Ohgobogo Mall the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
You agree that by placing an order on the Services and agreeing to these Terms, you are entering into a binding contract with Ohgobogo Mall and agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Section 9 - Additional Terms and Conditions; Risk of Loss; Return Policy
A. Additional Terms & Conditions
You agree that additional terms and conditions may apply to specific products, orders, or use of certain portions of the Services, including with respect to ordering and shipping policies, review guidelines, Returns Policy, and refer-a-friend programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
B. Risk of Loss
All purchases of physical items from Ohgobogo Mall are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (i.e delivery services, such as Federal Express, USPS, etc).
C. Return Policy
As an online market, we rely on shipping to service our members and due to our commitment to reducing our carbon footprint, we do not accept returns of any item once it ships. To review our full Returns Policy in our FAQs section.
Section 10 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Section 11 - Third-party Links
Ohgobogo Mall has no control over and assumes no responsibility for the content, accuracy, privacy policies, practices or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Ohgobogo Mall will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Ohgobogo Mall shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Services, or between users and any third party, you agree that Ohgobogo Mall is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Ohgobogo Mall, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release and that, if known by him would have materially affected his settlement with the debtor or released party."
Section 12 - User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example Sweepstakes entries) or without a request from us you send user-generated content, such as photos, videos, creative ideas, suggestions, proposals, plans, or other materials (exclusive of your personally identifiable information), whether online (via our website or any of our social media accounts (Facebook, Instagram, etc), by email, postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may but have no obligation to monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You are responsible for all Comments you contribute in any manner to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Services.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 13 - Your Consent to Receive Text Messages, Emails and Other Communications
You expressly consent to receive and accept communications from Ohgobogo Mall, including via e-mail and text messages, push notifications or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to Ohgobogo Mall. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, account administration or other purposes. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL, ADVERTISING OR MARKETING (COLLECTIVELY, “MARKETING”) TEXT MESSAGES AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES. IF YOU WISH TO OPT OUT OF MARKETING EMAILS OR TEXT MESSAGES FROM US, YOU AGREE TO OPT-OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS.
Standard text messaging and data charges charged by your wireless service carrier will apply to text messages we may send. You represent and warrant that you are authorized to approve the receipt text messages at any telephone number you provide to us in connection with your account or your use of our Services and to approve any related carrier charges. PLEASE BE ADVISED THAT IF YOU OPT-OUT OF MARKETING COMMUNICATIONS, Ohgobogo Mall MARKET MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR OTHER COMMUNICATIONS MAY IMPACT YOUR USE OF THE SERVICES.
Section 14 - Copyright Infringement
In accordance with the Digital Millennium Copyright Act, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Ohgobogo Mall’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Ohgobogo Mall is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number, and email address, if available;
A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.Upon receipt of a proper notice of copyright infringement, we reserve the right to:
remove or disable access to the infringing material;
notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
terminate such content provider’s access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent.If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
StyledContent provider’s name, address, telephone number, and email address, if available, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Ohgobogo Mall is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Ohgobogo Mall may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Ohgobogo Mall may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Ohgobogo Mall’s discretion.
Please contact Ohgobogo Mall’s Designated Agent at the following address:
Ohgobogo Mall, Inc.
Attn: Legal Counsel
3406 Pomona Blvd, Suite D
Pomona, CA 91768
Section 15 - Trademarks
“Ohgobogo Mall,” the Ohgobogo Mall logo and any other Ohgobogo Mall Product or service names, logos, or slogans that may appear on the Services are trademarks of Ohgobogo Mall and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Ohgobogo Mall” or any other name, trademark, or Product or service name of Ohgobogo Mall without our prior written permission. In addition, the look and feel of the Services and Products, including without limitation all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of Ohgobogo Mall and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Ohgobogo Mall.
Section 16 - Personal Information
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are younger than 13. We do not knowingly collect or solicit personally identifiable information from children younger than 13; if you are a child younger than 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child younger than 13, we will delete that information as quickly as possible. If you believe that a child younger than 13 may have provided us with personal information, please contact us at (909) 366-9339.
Section 17 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Section 18 - Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales taxes are based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the Internet are taxable.
Important Kentucky sales tax information regarding the tax you may owe directly to the state of Kentucky. We are not required to and do not collect Kentucky sales or use tax. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue’s website.
Section 19 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) in a manner inconsistent with, or in violation of, these Terms. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Section 20 - Disclaimer of Warranties; Limitation of Liability
Ohgobogo Mall attempts to display information on the Services as accurately as possible. However, Ohgobogo Mall does not guarantee or make any representations or warranties concerning any content contained in or accessed on the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT (ii) ANY WARRANTIES THAT ARISE FROM TRADE USAGE, OR (iii) THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT IN CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF Ohgobogo Mall MARKET, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Ohgobogo Mall MARKET BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM Ohgobogo Mall MARKET, OR FROM EVENTS BEYOND THE Ohgobogo Mall MARKET’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Ohgobogo Mall MARKET’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF Ohgobogo Mall MARKET ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO Ohgobogo Mall MARKET IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE Ohgobogo Mall MARKET’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE Ohgobogo Mall MARKET FROM AND AGAINST, AND COVENANT NOT TO SUE, FOR ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES AND THE PRODUCTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE LIMITATIONS SET FORTH IN THIS SECTION 24 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
Section 21 - Indemnification
You agree to indemnify and hold Ohgobogo Mall and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your illegal use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your posting of any defamatory or infringing content on the Site or App, and (d) your violation of any third-party rights in connection with your use of the Services. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Section 22 - Assignment
Section 23 - Termination
The obligations and liabilities of the parties incurred prior to the termination of your Membership or use of our Services shall survive the termination of these Terms for all purposes.
Account termination may result in the destruction of any content associated with your account, so keep that in mind before you decide to terminate your use of the Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 24 – Dispute Resolution and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Ohgobogo Mall MARKET AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 1 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Ohgobogo Mall agree (a) to waive your and Ohgobogo Mall’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services, content or Products, resolved in a court, and (b) to waive your and Ohgobogo Mall’s respective rights to a jury trial. Instead, you and Ohgobogo Mall agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions:You and Ohgobogo Mall agree that any Dispute arising out of or related to these Terms, the Services or Products sold on the Services is personal to you and Ohgobogo Mall and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and Ohgobogo Mall agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Ohgobogo Mall agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution
You and Ohgobogo Mall agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Ohgobogo Mall shall be sent by certified mail or courier to Ohgobogo Mall, Inc., Attn: General Counsel, 3406 Pomona Blvd, Suite D Pomona, CA 91768. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Ohgobogo Mall account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Ohgobogo Mall cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Ohgobogo Mall may, as appropriate and in accordance with this Section 28, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 1 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND Ohgobogo Mall MARKET AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR Ohgobogo Mall MARKET WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND Ohgobogo Mall MARKET WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
You and Ohgobogo Mall agree that any arbitration will be conducted confidentially in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Southern District of California.
As limited by the FAA, these Terms and the applicable JAMS Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
If any term, clause or provision of this Section 28 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 28 will remain valid and enforceable. Further, the waivers set forth in Section 28 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You have the right to opt-out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 28 by writing to Ohgobogo Mall, Inc., Attn: Legal Department, 3406 Pomona Blvd, Suite D Pomona, CA 91768. In order to be effective, the opt-out notice must include your full name and email address and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 28.
Section 26 - Choice of Law and Venue
These Terms and your relationship with Ohgobogo Mall are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms or to your relationship with Ohgobogo Mall shall be finally settled in Los Angeles County, California, in English. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Los Angeles. You and Ohgobogo Mall agree that these Terms affect interstate commerce and that the enforceability of this Section 29 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Section 27 - Miscellaneous
The failure of either you or Ohgobogo Mall to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. You and Ohgobogo Mall agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in writing and signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Ohgobogo Mall in any respect whatsoever. You and Ohgobogo Mall agree there are no third-party beneficiaries intended under these Terms.
Section 28 - Contact Information
Questions about the Terms of Services should be sent to us at:
Ohgobogo Mall, Inc.
3406 Pomona Blvd, Suite D
Pomona, CA 91768
Attn: Member Services