TERMS OF USE & CONDITIONS OF SALE

OVERVIEW

IMPORTANT - PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE ("TERMS" OR "AGREEMENT") BEFORE ACCESSING OR ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR SITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 18 AND 19); THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

Your use of www.bugmd.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the "Site"), which are owned and maintained by Outdoor Mosquito Shield LLC ("BugMD," "we," "our," "us"), are governed by the policies, terms, and conditions set forth below. Please read our terms carefully. We offer the Site, including all information, tools, products, and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing or using, or placing an order over the Site, you agree to be bound by these terms. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Site in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 20 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 20 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page (https://bugmd.com/policies/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE SITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

  1. Overview
  2. Table of Contents
  3. Site Use
  4. Privacy and Security Disclosure
  5. No Resale
  6. Accuracy, Completeness, and Timeliness of Information
  7. Modifications to the Site and Prices
  8. Intellectual Property
  9. User Conduct
  10. Account Registration
  11. Payment
  12. Subscriptions and Cancellation Policy
  13. Order Placement and Acceptance
  14. Shipping
  15. Delivery Confirmation
  16. Satisfaction Guarantee, Return, and Refunds
  17. Social Media
  18. Copyright Notice
  19. DISCLAIMER OF WARRANTIES
  20. DISCLAIMER OF LIABILITIES
  21. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
  22. Indemnification
  23. Third-Party Websites and Links
  24. Third Party Pixels and Cookies
  25. Testimonials, Reviews, and Other Submissions
  26. Electronic Communications
  27. Assignment
  28. No Waiver
  29. Severability
  30. Termination
  31. Entire Agreement
  32. Questions or Additional Information

TERMS OF USE AND CONDITIONS OF SALE

1.0 Site Use

BugMD Site, products, and services are intended for adults only. By using the Outdoor Mosquito Shield and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you affirm that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

2.0 Privacy and Security Disclosure

BugMD's Privacy Policy may be viewed at https://bugmd.com/policies/privacy. The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of this Agreement. Outdoor Mosquito Shield reserves the right to modify the Privacy Policy at its sole discretion.

3.0 No Resale

You agree that any products or services you purchase on or through the Site will be used for personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from our site.

4.0 Accuracy, Completeness, and Timeliness of Information

The material on the Site is provided for general informational purposes only. While we endeavor to provide accurate and current information on our Site, there may be information that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors at any time without prior notice (including after you have submitted your order).

5.0 Modifications to the Site and Prices

We reserve the right to modify or discontinue access to the Site (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, suspension, or discontinuance of access to the Site. Certain products or services may be available exclusively online and subject to return or exchange only according to our Shipping and Returns Policies.

6.0 Intellectual Property

The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party apps, and any other content on the Site ("Content") and the trademarks, service marks, and logos contained therein are the property of Outdoor Mosquito Shield and its third-party licensors or providers. You may not copy, download, or print out copies of any content from the Site, solely for your personal, non-commercial use, if you retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Outdoor Mosquito Shield reserves all rights not expressly granted in and to the Site.

7.0 User Conduct

You may not use, copy, display, license, decompile, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

8.0 Account Registration

In order to access some of the products or services of the Site, you will be required to create an account. By creating this account, you agree to the following:

BugMD has the right, in its sole discretion, to cancel your subscription or suspend your access to the Site.

9.0 Payment

All charges are in U.S. Dollars.

By submitting payment information to us, you represent and agree that: (i) you are authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) it will be responsible for any payment card fees and (iv) that sufficient funds exist to pay us the amount due. We may receive, upload, third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If you updated information provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of this process. If you wish to opt-out of your credit card issuer updating your payment information with us, please contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

10.0 Subscriptions and Cancellation Policy

If you subscribe to the Site to purchase a product or service, you may have the option of buying a product one time, or enrolling in our Subscribe & Save Program. If you purchase a subscription, your payment method will be automatically billed at the then-current rate (plus sales tax, if applicable) and you will receive a new product every 30, 60, or 90 days depending on the option you selected until you cancel the subscription. If you wish to cancel your subscription, you may do so at any time, however, you must cancel your subscription twenty-four (24) hours prior to your next scheduled order.

By allowing each renewal to proceed, you have provided your electronic authorization for us to charge the payment method you have on file. If you have made a one payment card on file, the first card will be used. If you have more than one payment card on file, and one or more payment cards have expired, we will use the unexpired payment card.

To cancel your membership, please contact us by chat, email lopez@OutdoorMosquitoShield.com, or telephone (949-502-0148).

11.0 Order Placement and Acceptance

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide any product or service. We reserve the right to require additional information before processing any order.

12.0 Shipping

BugMD ships to addresses located in the United States and internationally. Domestic orders generally ship within 24-48 business hours of the time of placement, and typically arrive within 5-10 days of shipment. Delivery times for international orders vary by location.

Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support immediately by chat, email lopez@OutdoorMosquitoShield.com, or phone 949-502-0148. You must contact us as soon as possible in order to modify or cancel your pending order. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

13.0 Delivery Confirmation

BugMD may provide delivery confirmation provided by the carrier is sufficient proof of delivery to you, even without a signature.

14.0 Satisfaction Guarantee, Return, and Refunds

BugMD wants you to be satisfied with your experience with us so we have made returning or exchanging products easy. If you are dissatisfied with your product, you may return the unused portion of the product to thirty (30) days from the date of delivery for a refund, less return shipping costs and a $9.95 processing fee.

To obtain a refund or store credit, you must return any unused portion of your order, your return must be approved, and the return must be received within forty-five (45) days of the date of delivery. Return shipping costs and processing fees will be deducted from the amount refunded. You will not be refunded the cost to ship the products to you.

The following terms apply for a returned item:

After the shipping department receives your return, it generally takes 5-10 business days to process your refund. Once a return is processed, it can take up to 30 business days for the return to be posted to your account, depending on your financial institution.

15.0 Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use ("Social Media Presence").

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Outdoor Mosquito Shield and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of that site or platform using the procedures they have established for that purpose.

16.0 Copyright Notice

The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below for notice of claimed infringement:

Notification of Claimed Infringement:
Outdoor Mosquito Shield LLC
Attn: Copyright Agent
822 Guilford Avenue #1835 Baltimore, MD 21202
Email: lopez@OutdoorMosquitoShield.com
Tel: 949-502-0148

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number, and, if available, email address; (iv) a statement by you that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

17.0 DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS SITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE OR DO NOT REPRESENT OR WARRANT AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE SITE OR THE SERVICES (IF MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18.0 DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL BUGMD OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS OR YOUR USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT, REGARDLESS OF WHETHER BUGMD HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE ALLEGEDLY CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, BUGMD IS FOUND LIABLE UNDER ANY THEORY, BUGMD'S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO US$500.00, THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER BUGMD WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

19.0 DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

Please read this arbitration and class action waiver provision carefully. It requires you to arbitrate disputes with Outdoor Mosquito Shield on an individual basis and limits the manner in which you can seek relief from us.

Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury or to participate in a class action or representative proceeding. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association, and the arbitrator’s decision will be final and binding. You may opt out of this arbitration agreement within 30 days of accepting these Terms by sending a written notice to lopez@OutdoorMosquitoShield.com.

20.0 Indemnification

You agree to indemnify, defend, and hold harmless Outdoor Mosquito Shield, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another party.

21.0 Third-Party Websites and Links

The Site may contain links to third-party websites that are not owned or controlled by Outdoor Mosquito Shield. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Outdoor Mosquito Shield shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites.

22.0 Third Party Pixels and Cookies

We may use third-party pixels and cookies to track user behavior and improve our services. Please refer to our Privacy Policy for more information on how we use these technologies and your options for managing them.

23.0 Testimonials, Reviews, and Other Submissions

Any testimonials, reviews, or other submissions you provide to the Site may be used by Outdoor Mosquito Shield for marketing purposes. By submitting such content, you grant Outdoor Mosquito Shield a perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute it.

24.0 Electronic Communications

By using the Site, you consent to receive electronic communications from Outdoor Mosquito Shield, including emails and notifications. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

25.0 Assignment

BugMD may assign this Agreement or any rights or obligations hereunder without your consent. You may not assign this Agreement without our prior written consent.

26.0 No Waiver

The failure of Outdoor Mosquito Shield to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

27.0 Severability

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 the remaining provisions will remain in full force and effect.

28.0 Termination

BugMD may terminate or suspend your access to the Site at any time, with or without cause or notice, including if you breach these Terms.

29.0 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Outdoor Mosquito Shield regarding the use of the Site and supersede all prior agreements.

30.0 Questions or Additional Information

If you have any questions about these Terms, please contact us at:
Outdoor Mosquito Shield LLC
Email: lopez@OutdoorMosquitoShield.com