Bogg Bag Terms of Service

Effective Date: October 25th, 2026

1. Overview

These Terms of Service (the “Terms”) are an agreement between you and Bogg Bag, Inc. (“Bogg Bag,” “we,” “us,” and “our”) that governs your use of (a) the websites, mobile applications, and other online platforms operated by Bogg Bag where these Terms are posted (the “Platforms”) and (b) and any services, features, and functionalities available on the Platforms (together with the Platforms, the “Sites”).

Please read these Terms carefully before using the Sites. Among other provisions that affect your legal rights, these Terms include an arbitration requirement and class action waiver set forth in Section 15, which, subject to limited exceptions, requires you and Bogg Bag to arbitrate any disputes related to your use of the Sites on an individual basis. Arbitration on an individual basis means that neither party will have the right for a judge or jury to decide its claims or to proceed in a class, consolidated, or representative capacity.

By (a) accepting these Terms using a mechanism made available on the Sites (such as by clicking an “I Agree” button or checking a box) or otherwise using the Sites in any manner you expressly represent that you (i) have reached the age of majority in your jurisdiction of residence and agree to be bound by these Terms. If you do not meet the foregoing age requirement, if you do not agree to all provisions of these Terms, or if these Terms are not enforceable where you are located, you may not use the Sites. We would not provide the Sites without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach. For avoidance of doubt, these Terms of Service apply to all users of the Sites, including users who are browsers, vendors, customers, merchants, and/or contributors of content.

If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms refer to both you, the individual using the Sites, and to the Organization you represent.

2. Additional Terms

Certain areas and/or features of the Sites may be subject to additional terms, conditions, rules, or guidelines (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes the Additional Terms. If there is a conflict between the provisions herein and any Additional Terms, but only to the extent necessary to give effect to the relevant provision of the Additional Terms.

3. Updates to These Terms and the Sites

You agree that these Terms may be modified by Bogg Bag at any time. You can review the most current version of the Terms at any time on this page. When we modify these Terms, we will provide notice to you by updating the “Effective Date” above. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another prominent notice on the Sites, or other reasonable means. Your continued use of the Sites following any changes constitutes your acceptance of the Terms as modified.

Further, we reserve the right to modify, suspend, or discontinue the Sites and any aspect thereof, and you agree that Bogg Bag shall not be liable for any such actions. Any new features, tools, or other improvements shall automatically be subject to these Terms.

4. Ownership of the Sites

A. Bogg Bag Content

The contents of the Sites, including text, designs, graphics, Trademarks (defined below), audio clips, logos, buttons, images, digital downloads, data compilations, software, source and object code, icons, and the design, selection, and arrangement thereof (collectively, the “Bogg Bag Content”) is the property of Bogg Bag or its licensors and may not be used in any manner without prior written permission of the content owner. As the Bogg Bag Content is a component of the Sites, any reference to the “Sites” herein includes Bogg Bag Content.

B. Your Limited License to Use the Sites

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-transferable, revocable license (the “License”). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. Bogg Bag reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.

Under the License, you are permitted to use the Sites solely for non-commercial purposes and only in the following limited ways: (a) you may access and browse the Sites, and use the features made available to you, using a device that you own or are authorized to use (a “Approved Device”); (b) you may download the Bogg Bag Content from the Sites and print out a hard copy, provided that you do not modify it in any way and do not remove or alter any copyright or other legal notice contained thereon; (c) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on an Approved Device; and (d) your Approved Device may temporarily store copies of the Bogg Bag Content incidental to your use of the Sites. Except to the extent authorized by applicable law, you may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit, or distribute any Bogg Bag Content without the prior written consent of Bogg Bag or, if applicable, the relevant licensor. Any unauthorized use of the Bogg Bag Content may violate copyright laws, trademark laws, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

C. Trademarks

As used herein, the term “Trademarks” means the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites. As established in Section 4(A), the Trademarks are part of the Bogg Bag Content. The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of our or our licensors’ trademark or other rights. These Terms do not grant you any rights to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.

D. Litigation Purposes

The Sites are intended for users genuinely interested in Bogg Bag’s products. Under no circumstances may the Sites be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, we may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.

5. Video Content; Cookies

The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Sites and is, therefore, provided in connection with Bogg Bag’s promotion and sale of bags and accessories. Bogg Bag is not in the business of renting, selling, or delivering Video Content in a commercial manner. As such, you acknowledge and agree that Bogg Bag is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710 or similar state laws.

Additionally, the Sites may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track and analyze information about your activity on the Sites (collectively, “Cookies”). Cookies may result in information about your use of the Sites being transmitted from your browser to Bogg Bag and/or to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, services, or platforms (“External Sites”). Whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether and the extent to which you have limited the use of Cookies by External Sites.

You hereby acknowledge and agree that, if Cookies on the Sites result in your browser’s transmission of information to External Sites, (a) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by Bogg Bag under the VPPA and (b) you will not initiate any litigation or otherwise assert any claim against Bogg Bag based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.

6. Chatbot

The Sites may include a chatbot service (the “Chatbot”), which may be powered by generative artificial intelligence. If you interact with the Chatbot, you are not communicating with a human representative of Bogg Bag; you are communicating with an automated software system that generates responses to your inputs (“Chatbot Output”). The Chatbot is provided for the limited purpose of providing information and responding to inquiries concerning the Sites and our Products. You agree to use the Chatbot solely for the intended purpose set forth in the preceding sentence and in compliance with these Terms.

Chatbot Output is provided for general informational purposes only. You should always verify Chatbot Output and should never rely solely on it. You agree that you are responsible for any decisions made or actions taken by you based, in whole or in part, on Chatbot Output. Unless we state otherwise in writing, any views or opinions expressed in Chatbot Output do not necessarily reflect those of Bogg Bag. Chatbot Output may not be unique across users, meaning the Chatbot may generate the same or similar content for other users. You have no ownership or other proprietary interest in any Chatbot Output.

You understand and agree that information that you share with the Chatbot might not be kept confidential. As such, you should not share any sensitive or personal data, or any proprietary or confidential information, with the Chatbot. Your interactions with the Chatbot may be recorded and retained by Bogg Bag for the purpose of addressing your inquiries and otherwise assisting you, improving the operation of the Chatbot, and for any other purposes described in our Privacy Policy, and we may disclose these records to third parties in a manner consistent with our Privacy Policy.

7. Accounts

To access certain aspects of the Sites, it may be necessary to create an account (an “Account”), which may require you to select a username and password. You agree (a) to provide accurate and complete information and (b) not to act in a false or misleading manner during the Account creation process. Without limiting the preceding sentence, you agree not to adopt a username with the intention of imitating any other person or entity. You are solely responsible for maintaining the secrecy of your Account credentials and other sensitive Account information and for restricting access to your Account. You are fully responsible for the acts and omissions of any person that uses the Sites while logged into your Account.

8. Terms of Sale

The Sites permit users to place orders for products and services offered by Bogg Bag (collectively, “Products”) directly on the Sites (each, an “Order”). This Section 8 sets forth the terms and conditions applicable to Orders.

A. Placing an Order

If you wish to place an Order, you will be asked to supply certain information, such as your name, Organization, payment method, billing information, and/or shipping information (collectively, “Payment Information”).

The payment methods that we accept will be set forth on the Sites and may change from time to time. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD DESIGNATED BY YOU FOR A TRANSACTION. You further agree to provide current, complete, and accurate Payment Information. You agree to promptly update your Account and Payment Information as necessary, so that we can process your Transactions and contact you as needed. By submitting any Payment Information, you grant Bogg Bag the right to provide such information to third parties for purposes of facilitating and processing the Order.

B. Order Acceptance

Your placement of an Order constitutes a request to purchase the relevant Product from Bogg Bag. All Orders are subject to our review and acceptance. Your receipt of an Order acknowledgment (either on-screen or by email) indicates that we have received your Order; it does not constitute acceptance of your Order. Acceptance of your Order does not occur until we send you a shipping confirmation notice or otherwise notifying you that the Order has been accepted.

We reserve the right to reject, modify, and cancel Orders (including after acceptance) as we deem necessary, and we shall have no liability to you other than providing a refund, if applicable. Without limiting the preceding sentence, we may limit or cancel quantities purchased per person, per household or per Order and Orders that appear to be placed by professional dealers, resellers or distributors. These restrictions may include orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we will attempt to notify you via the contact information that we have on file for you.

C. Shipping; Geographic Restrictions

The shipping methods available for Orders will be presented on the Sites. When an Order has been accepted and processed, we (or one of our fulfillment partners) will ship the Order using the applicable shipping method.

We only ship Products to certain geographic areas. If you request shipment to an address in a geographic area to which we do not ship, either (a) you will be prevented from submitting the Order, we will reject the Order upon receipt, or we will otherwise communicate with you regarding the issue. We reserve the right to send components of a single Order in multiple shipments. Unless we agree otherwise, the risk of loss for and title to Products purchased on the Sites passes to the purchaser upon delivery to the carrier.

D. Product Information; Availability

The Sites may include errors, inaccuracies, and omissions (collectively, “Errors”), which may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability (“Product Information”). We reserve the right to correct any Errors in Product Information at any time and without notice. We are not obligated to honor any Order or price that involves an Error. We reserve the right to update the Bogg Bag Content to correct any Errors at any time without prior notice and to cancel or modify any Order affected by Errors. If we do not cancel an Order affected by an Error, your sole remedy is to return the Product pursuant to our Return Policy.

Notwithstanding the preceding paragraph, we shall have no obligation to routinely monitor the Sites for Errors in Product Information (or otherwise) or to correct any such Errors, except as required by law. An update or refresh date referenced on the Sites does not mean that all Bogg Bag Content has been modified or updated or that all Errors have been detected and addressed.

Further, we cannot guarantee that your Approved Device’s display of the colors of our Products will be accurate. Differences in color and other variations between a Product displayed on the Sites and the actual Product are possible due to display technologies and other reasons. Unless we expressly provide otherwise, if a Product offered on the Sites is not as described, pictured, or otherwise does not meet your expectations, your sole remedy is to return the Product, to the extent available under the Return Policy.

Certain Products displayed on the Sites may have limited quantities, may not always be available, may be available only in certain geographic areas; and/or may be available only on the Sites. The prices displayed on the Sites are subject to change without notice. We reserve the right to discontinue any Product at any time, without advance notice.

E. Returns

Refunds and exchanges of Products purchased on the Sites are subject to and governed by our Return Policy, which is incorporated into these Terms by this reference and may be updated from time to time. Please review the Return Policy before making a purchase; by placing an Order, you agree to the Return Policy.

F. General

You agree to pay all charges incurred by you or on your behalf through the Sites at the price in effect when incurred, including any shipping charges. You are solely responsible for any taxes applicable to your Orders, regardless of whether tax is included in the price presented on the Sites.

It is your responsibility to comply with all laws applicable to your Order and any Products acquired as a result thereof. You agree not to use our Products for any illegal or unauthorized purpose. Any offer made on the Sites is void where prohibited.

9. Third Party Tools & Content; External Sites

A. Third-Party Tools

The Sites may incorporate and/or make available third-party tools, features, applications, integrations, websites, or services (collectively, “Third-Party Tools”) and may display content, products, or services provided by third parties, including third-party advertising (collectively, “Third-Party Content” and, with Third-Party Tools, “Third-Party Offerings”).

You acknowledge and agree that Third-Party Offerings are provided “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind, and that we have no obligation to monitor, support, or maintain them. Your access to and use of any Third-Party Offerings is at your sole risk and discretion, and you are solely responsible for reviewing and complying with any terms, licenses, and privacy policies of the applicable third-party provider(s). We do not own, control, or operate Third-Party Offerings and do not endorse them.

To the maximum extent permitted by law, we shall have no liability arising from or relating to your access to or use of, or inability to use, any Third-Party Offerings, and any transactions, purchases, data exchanges, or other interactions between you and a third party (including advertisers and affiliates) are solely between you and that third party.

B. External Sites

The Sites may contain hyperlinks to External Sites. If you use these links, you are leaving the Sites and visiting a website or service operated by a third party. These Terms and our Privacy Policy will not apply to information you provide to or through or transactions you conduct on External Sites. You should refer to the policies posted on External Sites before you use them.

We are not responsible for examining or evaluating the content or accuracy of External Sites linked to via the Sites, and we make no representation or warranty regarding such External Sites and shall no liability to you in connection with your use such sites or any content, goods, or services accessed or acquired as a result thereof. We encourage you to carefully review the External Site’s terms and conditions and policies prior to using them. Complaints, claims, concerns, or questions regarding any External Sites or the products, services, or content available thereon should be directed to the third-party.

10. User Content

A. User Content Disclaimer

Certain aspects of the Sites may permit users to post, transmit, submit, upload, share, or make available (“share”) reviews, comments, communications, images, recordings, suggestions, questions, ideas, or other information or content (collectively, “User Content”). User Content has not necessarily been reviewed or approved by Bogg Bag, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, timeliness, or any other aspect of any User Content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Bogg Bag. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on such content. If you share any User Content, you are entirely responsible for that content.

B. Your License to Bogg Bag

By sharing User Content, you grant to Bogg Bag a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to (a) use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display, and otherwise use and exploit such User Content throughout the world, in any media, in any manner and for any purpose, whether commercial or otherwise, and (b) use the name that you submit in connection with such User Content wen exercising the foregoing rights (collectively, the “User Content License”). We may sublicense the rights granted under the User Content License through multiple tiers of sublicenses.

By sharing any User content, you represent and warrant that (a) you own all rights in your User Content or (b) have obtained all rights and permissions needed to grant the User Content License to Bogg and, if the latter, that you have not altered or deleted any legal notice or copyright information attached to the User Content by the owner of such content. You acknowledge that you are not entitled to any monetary payment or other consideration in connection with our use of your User Content pursuant to the User Content License.

User Content shall not be deemed confidential, and Bogg Bag shall not have any obligation to keep such content confidential. You acknowledge and agree that, pursuant to the User Content License, we shall be free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating or based on your User Content, all without any compensation or attribution to you.

C. Private Submissions

Notwithstanding anything to the contrary in these Terms, the User Content License does not apply to personal information included in User Content that is not intended for public display (“Private Submissions”), such as personal information submitted when creating an Account (defined below). Personal information included in Private Submissions shall be treated in accordance with our Privacy Policy. However, personal information included in User Content that is intended for public display on the Sites is licensed to us pursuant to the User Content License.

D. Use of Third-Party User Content

All User Content on the Sites is considered Bogg Bag Content. As such, aside from the limited right to access and use the Sites and Bogg Bag Content granted in the License, you may not make any use of User Content shared by another party without the prior written permission of the owner of such content.

11. Personal Information

Your submission of personal information through the Sites is governed by our Privacy Policy. To view our Privacy Policy, please click here. The Privacy Policy is hereby incorporated into these Terms by reference.

Accordingly, by agreeing to these Terms, you are hereby representing to Bogg Bag that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in our Privacy Policy. You further understand and agree that (a) Bogg Bag is justifiably relying on this representation in granting you access to the Sites and (b) if you later take legal action inconsistent with this representation, this will constitute evidence that your representation was false. In that case, Bogg Bag may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Sites or provide us with any information.

12. Prohibited Conduct

In addition to other prohibitions as set forth in the Terms, you are prohibited from sharing any User Content or otherwise using the Sites in any manner that:

• Violates, or encourages or solicits others to violate, any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• Infringes upon or violates our intellectual property rights or the intellectual property rights of others, including any copyrights, trademark rights, trade secrets, patent rights, or publicity and privacy rights of any person (living or deceased);
• Is harassing, abusive, threatening, insulting, harmful, tortious, defamatory, slanderous, disparaging, intimidating, obscene, vulgar, pornographic, or discriminatory based on gender, sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or otherwise objectionable;
• Harms minors in any way;
• That involves the submission of false or misleading information;
• Impersonates any person or entity, including Bogg Bag or a Bogg Bag representative, or otherwise misrepresents your affiliation with a person or entity;
• Involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Sites;
• Is designed 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 Sites;
• Collects or tracks the personal information of others or discloses private or personal matters concerning any person without their permission;
• Discloses content that you do not have a right to disclose pursuant to any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information received through employment relationships or under nondisclosure agreements;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites;
• Involves phishing, pharming, pretexting, or any other deceptive, manipulative, or fraudulent practices;
• Accesses, copies, collects, or uses any part of the Sites (manually or by any automated means) for scraping, data mining, or for developing, training, fine-tuning, testing, or improving any AI/ML systems or datasets, without our prior written consent;
• Consists of or involves any unsolicited or unauthorized advertising, charity requests, petitions for signatures, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Interferes with or circumvents the security features of the Sites, disrupts the proper functioning of the Sites, any other user’s use of the Sites, or servers or networks connected to the Sites, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Sites;
• Is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
• Is designed to gain access to aspects of the Sites that you are not authorized to access;
• Causes Bogg Bag to lose (in whole or in part) the services of our internet service providers or other suppliers.

Bogg Bag has the right, but not the obligation, to monitor the Sites for the purpose or determining and enforcing compliance with these Terms. Further, we shall be free to delete, remove, modify, or refuse to post any User Content if we determine (a) that the content violates these Terms, (b) that the content is stale or off topic for the applicable portion of the Sites, or (c) doing so is otherwise necessary or convenient in connection with our administration of the Sites.

We further reserve the right to disclose any information, including your identity, Account information, and information about your use of the Sites, as we deem necessary to (a) enforce these Terms; (b) satisfy any applicable law, regulation, legal process, or governmental request; or (c) respond to claims that the Sites or your activities in connection therewith violate the rights of third parties. YOU HEREBY WAIVE ANY CLAIMS RELATED TO OR RESULTING FROM ANY ACTION OR INACTION OF BOGG BAG WITH RESPECT TO (A) MONITORING THE SITES; (B) DELETING, REMOVING, MODIFYING, OR REFUSING TO POST ANY USER CONTENT; (C) DETERMINING OR ENFORCING COMPLIANCE WITH THESE TERMS; OR (D) COOPERATING WITH LAW ENFORCEMENT OR A GOVERNMENTAL REQUEST CONCERNING ANY MATTER RELATED TO THE SITES.

Notwithstanding the use restrictions in this Section 12, nothing in these Terms shall prohibit or restrict your ability to express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about Bogg Bag, its employees or agents, or its Products, to the extent that such Reviews are protected under applicable law, including any (a) “statement” protected by Cal. Civ. Code § 1670.8 or (b) “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b.

13. Disclaimer of Warranties; Limitation of Liability

A. Disclaimer of Warranties

The Sites

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. BOGG BAG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SITES IS DONE ENTIRELY AT YOUR OWN RISK.

WITHOUT LIMITING THE PRECEDING SENTENCE, BOGG BAG MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SITES WILL MEET YOUR REQUIREMENTS; (B) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS; (C) THE BOGG BAG CONTENT WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS ON THE SITES OR WILL BE CORRECTED. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITES AND TO CONSULT PROFESSIONALS AS NEEDED IN SUCH EVALUATION.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, PROVIDED BY BOGG BAG, BY A BOGG BAG EMPLOYEE OR AGENT, OR ON THE SITES, SHALL CREATE ANY WARRANTY WITH RESPECT TO YOUR USE OF THE SITES.

Products

CERTAIN PRODUCTS MAY BE SOLD BY BOGG BAG WITH A WARRANTY. IF A WARRANTY IS APPLICABLE TO A PRODUCT, THE WARRANTY TERMS WILL BE PRESENTED OR ACCESSIBLE ON THE PORTION OF THE SITES WHERE THE PRODUCT IS OFFERED FOR SALE AND/OR WITHIN THE PRODUCT OR SERVICE PACKAGING OR MATERIALS. PLEASE CAREFULLY REVIEW ANY WARRANTY MATERIALS APPLICABLE TO OUR PRODUCTS. YOU MAY CONTACT BOGG BAG AT THE CONTACT INFORMATION PROVIDED IN SECTION 13 WITH ANY QUESTIONS ABOUT WARRANTY COVERAGE.

YOU UNDERSTAND AND AGREE THAT, UNLESS WE EXPRESSLY STATE IN WRITING THAT A WARRANTY APPLIES, THE PRODUCTS AVAILABLE ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

B. Limitation of Liability

IN NO CASE SHALL BOGG BAG OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OR ASSIGNS, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR INTERNS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITES OR PRODUCTS: (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, STATUTORY, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, IN ALL CASES WHETHER DIRECT OR INDIRECT; (C) DAMAGES, INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE, ARISING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES; (D) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE SITES OR THEIR USER CONTENT; OR (E) DAMAGES RELATING TO THE DELAY, FAILURE, INTERRUPTION, DISCLOSURE, OR CORRUPTION OF ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES.

FURTHER, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE EXCEED THE GREATER OF (A) $250 USD OR (B) THE TOTAL AMOUNT PAID BY YOU TO BOGG BAG IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE (OR, IF THE DISPUTE INVOLVES MULTIPLE CLAIMS, THE DATE ON WHICH THE FIRST SUCH CLAIM AROSE).

THE TERMS OF THIS SECTION 13 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 13 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BOGG BAG, AND THAT BOGG BAG WOULD NOT BE ABLE TO PROVIDE THE SITES OR ANY PRODUCTS WITHOUT SUCH LIMITATIONS.

C. Exclusions; Additional Rights

WITH RESPECT TO CLAIMS RELATING TO THE PRODUCTS (AS OPPOSED TO THE SITES), NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY A DEFECT IN A PRODUCT OR BY OUR NEGLIGENCE; (B) FRAUD OR WILLFUL MISCONDUCT (AND, WHERE NOT WAIVABLE, GROSS NEGLIGENCE); (C) NON-WAIVABLE CONSUMER RIGHTS, REMEDIES, STATUTORY DAMAGES, PENALTIES, OR ATTORNEYS’ FEES; AND (D) OBLIGATIONS UNDER ANY EXPRESS WRITTEN WARRANTY OR APPLICABLE LAW TO REPAIR, REPLACE, OR REFUND A DEFECTIVE PRODUCT.

MORE GENERALLY, SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES (“WARRANTY AND LIABILITY EXCLUSIONS”). ACCORDINGLY, SOME OF THE WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS MIGHT NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART. NOTHING IN THESE TERMS SEEKS TO IMPOSE WARRANTY AND LIABILITY EXCLUSIONS IN A MANNER THAT IS PROHIBITED UNDER APPLICABLE LAW. YOU AGREE, HOWEVER, THAT ALL WARRANTY AND LIABILITY EXCLUSIONS IN THESE TERMS, WHETHER IN THIS SECTION 13 OR ELSEWHERE, SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnification

You agree to indemnify, hold harmless, and (at their option) defend the Released Parties from and against any and all third-party liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to (a) your breach of these Terms; (b) your User Content; (c) your interaction with or users of the Sites; or (d) your violation of any law or the rights of a third-party. You agree that the Released Parties shall have the right to assume exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate if and as requested by us in the defense and settlement of such matter. If a Released Party assumes defense and control of any such matter, this shall not relieve you of your indemnification obligations. You agree never to settle any matter for which your indemnification is required absent our prior written consent.

Separately, if you initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made or provided pursuant to these Terms (collectively “Prohibited Legal Actions”), you agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or your threat of the same.

15. Disputes; Arbitration

If there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, including any Products displayed on or purchased from the Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (each, a “Dispute”), you and Bogg Bag hereby agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 15, even if the Dispute arose prior to the Effective Date of these Terms.

A. Informal Dispute Resolution

You and Bogg Bag agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

All Dispute Notices must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Bogg Bag. As such, your Dispute and those of others may not be combined into a single Dispute Notice.

Dispute Notices shall be sent as follows:

• To Bogg Bag: You must send any Dispute Notice (a) 80 Seaview Drive, Secaucus, NJ 07094 and (b) by email to legalaffairs@boggbag.com.
• To You: We will send notice by (a) first-class or certified mail to the physical address we have on file for you (if any) and (b) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and Bogg Bag will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, you and Bogg Bag are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Bogg Bag (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Bogg Bag will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Bogg Bag agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall administer any arbitration or demand fees in connection with the Dispute.

B. Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED THROUGH THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND BOGG BAG AGREE THAT SUCH DISPUTE SHALL BE DECIDED EXCLUSIVELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND YOU AND BOGG BAG EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER PARTY IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

Any such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as modified by these Terms, before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. You and Bogg Bag agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 15 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction.

C. Mass Arbitration

This Section 15(C) applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms.

If you or Bogg Bag files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Rules”). The Mass Arbitration Rules are available at www.jamsadr.com/mass-arbitration-procedures.

You and Bogg Bag agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 15 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

D. Exceptions

In lieu of the dispute resolution procedures in Section 15(A)-(C), you or Bogg Bag may (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms.

You and Bogg Bag agree that, to the extent permitted by applicable law, any claims referenced in the preceding paragraph must be brought and maintained on an individual basis. In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

16. Governing Law

These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to principles of conflict of laws. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C., Secs. 1-16.

17. Forum for Non-Arbitrated Disputes

Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration pursuant to Section 15, including those referenced in Section 15(D), shall be resolved by a court located in the state of New Jersey, and you hereby agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

18. Gift Cards

The Sites may offer gift cards that are issued by Bogg Bag and redeemable for our Products on the Sites (“Gift Cards”). Gift Cards will be provided in the form of an electronic code (each, a “Code”). To redeem a Gift Card, you must enter the Code in the applicable field during the checkout process. Upon redemption, the purchase amount will be deducted from the Gift Card, and any remaining balance will remain available for future purchases. We will refuse to honor or deactivate Gift Cards that we determine were obtained fraudulently.

Gift Cards will not be replaced if lost, stolen, deleted, destroyed, or used without your permission, unless required by law. Gift Cards are non-refundable and cannot be returned, re-loaded, transferred, or redeemed for cash, except to the extent required by applicable law (including small-balance cash-out rights in certain states). Gift Cards do not expire and are not subject to any transaction fees. Unredeemed balances may be subject to escheatment and remitted to the applicable state as required by law.

19. SMS Program

By consenting to Bogg Bag’s SMS messaging service (the “SMS Program”) on the Sites or via other subscription tools we provide, you agree to receive recurring text messages from and on behalf of Bogg Bag through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system and you expressly consent to the use of such technology. SMS Program text messages may include marketing offers, transactional matters (including related to your orders and Account), and any other matters related to the Sites. Message frequency varies. You are not required to enroll in the SMS Program is entirely optional and is not a condition of any purchase with Bogg Bag.

We do not charge for the SMS Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. For SMS Program support or assistance, text HELP to short code 86237 or email hello@boggbag.com.

You may opt out of the SMS Program at any time by texting any of the following single keyword commands (STOP, CANCEL, END, QUIT, STOPALL, UNSUBSCRIBE, or UNSUB) to short code 86237, by clicking the unsubscribe link (where available) in any text message, or by submitting a written opt-out request via email to hello@boggbag.com with “Opt-Out Request” in the subject line. Upon receipt, you will receive a one-time confirmation of your opt-out, and no further messages will be sent to your mobile device unless initiated by you. If you are enrolled in other Bogg Bag mobile message programs and wish to cancel, you must opt out separately from those programs by following the instructions in their respective mobile terms, except where applicable law requires otherwise.

We may change any short code or telephone number we use to operate the SMS Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Program, any errors in such information, and/or any action you may or may not take in reliance on such information.

For purposes of these Terms, the SMS Program is a component of the Sites. As such, your participation in the SMS Program is subject to all provisions of these Terms (i.e., not only this Section 19).

20. Claims of Copyright Infringement

We comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that material on the Sites infringes a copyright that you own or are authorized to enforce, please send a notice of copyright infringement (“Copyright Notice”) to our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows:

Copyright Compliance Team
80 Seaview Drive, Secaucus, NJ 07094 (mail)
(866) 264-4224 (telephone)
legalaffairs@boggbag.com (email)

To be effective, the Copyright Notice must be a written communication that includes the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a substantially compliant Copyright Notice, we will expeditiously remove or disable access to the allegedly infringing content. We may give notice to the user responsible for the content by means of a general notice on the Sites, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice and believe that the content was removed as a result of mistake or misidentification, you may send a counter-notification to the Designated Agent (“Copyright Counter-Notification”).

To be effective, a Copyright Counter-Notification must be a written communication that includes the following:

• Your physical or electronic signature;
• 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 access to it was disabled;
• A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy of suspending or terminating access to the Sites, in appropriate circumstances and where technically feasible, of users who we determine to be repeat infringers.

21. Termination of These Terms

These Terms will continue to apply until terminated by either you or Bogg Bag. We may terminate these Terms, or suspend or terminate your access to the Sites, at any time if (a) we believe you have breached these Terms, (b) we stop providing the Sites or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by discontinuing your use of the Sites and, if applicable, deleting your Account. If you need assistance deleting your Account, please contact us using the contact information provided in Section 23.

If you or we terminate these Terms, or if we suspend or terminate your access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately; (b) we shall have no liability to you in connection with the same; and (c) except as expressly provided otherwise by Bogg Bag, we will not refund any amounts that you have already paid to us. Notwithstanding the preceding sentence, if you voluntarily terminate these Terms, and you are not barred from using the Sites by Bogg Bag or applicable law, you are permitted to resume use of the Sites at a later date. You agree that any such resumed use of the Sites constitutes your renewed acceptance of the then-current version of these Terms.

The following provisions shall survive the termination of these Terms: Sections 4 (excluding the License), 5, 10, 13, 14, 15, 16, 19, and 22, as well as any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

22. Miscellaneous

A. Interpretation

In these Terms, the words “include,” “includes,” and “including” shall be construed as if followed by “without limitation,” and the term “or” shall not be exclusive. Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any more general disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Bogg Bag, such decision or action shall be made, taken, or refrained from in our sole discretion and judgment.

B. Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions, which shall remain in full force and effect.

C. Waiver

The failure of you or Bogg Bag to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

D. Entire Agreement

These Terms (including, for avoidance of doubt, Additional Terms) constitute the entire agreement and understanding between you and Bogg Bag with respect to your use of the Sites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of these Terms).

E. Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

F. No Relationship

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Bogg Bag.

G. Compliance with Laws

Bogg Bag controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.

H. Notice to California Residents

If you are a California resident, with respect to any Warranty and Liability Exclusions in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Further, California residents may reach (a) us at the contact information provided in Section 23 and (b) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

I. Admissibility

You agree that all agreements, notices, disclosures, and other communications that Bogg Bag provides to you (a) via a notice on the Sites or (b) an email to an address that we have on file for you will satisfy any legal requirement that such communications be in writing. You further agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings (including arbitration) based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

23. Contact Information

Questions about these Terms or the Sites should be sent to us at hello@boggbag.com.