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Last updated: December 15, 2022

Bugaboo Terms of Use

 

Thank you for visiting the website (the “Website”) of Bugaboo North America Inc. (“Bugaboo”, “We” or “Us”). The Website is made available as a service to our customers. These terms of use (these “Terms of Use”) together with our privacy policy accessible at https://www.bugaboo.com/us-en/privacy-policy/(the “Privacy Policy”) govern your access to and use of the Website, including content, functionality, and services offered on or through the Website, whether as a guest or a registered user. By using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy. Otherwise, you must not access or use the Website.

 

Website Access and Prohibited Uses

Bugaboo permits you to use the Website for your personal, non-commercial use only. You are not permitted to download (other than page caching) any portion of the Website, except with express written consent of Bugaboo. 

You agree not to (i) resell or use the Website or its contents for any commercial purpose, (ii) collect and/or use any product listings, descriptions, or prices on the Website, (ii) create any derivative work from the Website or its contents, (iii) download or copy account information (other than to the extent necessary to purchase a Bugaboo product on the Website), (iv) use data mining, robots, or similar data gathering and extraction tools, (v) reproduce , duplicate, copy, sell, resell, visit, or otherwise exploit the Website for any commercial purpose without express written consent of Bugaboo, (vi) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bugaboo or our affiliates without Bugaboo's express written consent,(vii) use any meta tags or any other “hidden text” utilizing Bugaboo's name or trademarks without the express written consent of Bugaboo, (viii) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, (ix) introduce any virus, Trojan horses, or other materials that is malicious or technologically harmful, (x) attempt to gain unauthorized access to the server on which the Website is stored, (xi) to use the Website in any way that violates any applicable federal, state, local or international law, rule or regulation, (ii) to use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.  s name or trademarks without the express written consent of Bugaboo, (viii) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, (ix) introduce any virus , Trojan horses, or other materials that is malicious or technologically harmful, (x) attempt to gain unauthorized access to the server on which the Website is stored, (xi) to use the Website in any way that violates any applicable federal, state, local or international law, rule or regulation, (ii) to use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.s name or trademarks without the express written consent of Bugaboo, (viii) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, (ix) introduce any virus , Trojan horses, or other materials that is malicious or technologically harmful, (x) attempt to gain unauthorized access to the server on which the Website is stored, (xi) to use the Website in any way that violates any applicable federal, state, local or international law, rule or regulation, (ii) to use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.overburden, damage, or impair the Website or interfere with any other party's use of the Website, (ix) introduce any virus, Trojan horses, or other materials that is malicious or technologically harmful, (x) attempt to gain unauthorized access to the server on which the Website is stored, (xi) to use the Website in any way that violates any applicable federal, state, local or international law, rule or regulation, (ii) to use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.overburden, damage, or impair the Website or interfere with any other party's use of the Website, (ix) introduce any virus, Trojan horses, or other materials that is malicious or technologically harmful, (x) attempt to gain unauthorized access to the server on which the Website is stored, (xi) to use the Website in any way that violates any applicable federal, state, local or international law, rule or regulation, (ii) to use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.(x) attempt to gain unauthorized access to the server on which the Website is stored, (xi) to use the Website in any way that violates any applicable federal, state, local or international law, rule or regulation, (ii) to use the Website is for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.(x) attempt to gain unauthorized access to the server on which the Website is stored, (xi) to use the Website in any way that violates any applicable federal, state, local or international law, rule or regulation, (ii) to use the Website is for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 

If you breach any of the terms of these Terms of Use, your right to use the Website will cease immediately and you must, at our sole option, return or destroy any copies of the materials you have made, if any. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Bugaboo.

You are granted a limited, revocable, non-transferrable, non-sublicensable and non-exclusive right to create a hyperlink to the home page of Bugaboo so long as the link does not portray Bugaboo, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bugaboo logo or other proprietary graphic or trademark as part of the link without Bugaboo's express written permission.
 

Your Account

You are responsible for maintaining the confidentiality of your account with Bugaboo (including username and password) and for restricting access to such account, and you agree to accept responsibility for all activities that occur under your account. You shall notify us immediately of any unauthorized access to or use of your account. We have the right to disable your username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our reasonable opinion, you have violated any provision of these Terms of Use, or infringed a third-party right.

 

Purchases

Bugaboo makes its products available for purchase through the Website and may use third-party suppliers and service providers to enable e-commerce functionality on the Website and fulfillment of orders. Bugaboo's products are intended for use with children, but Bugaboo only sells its products to adults. If you are under 18, you may use Bugaboo only with verifiable permission of your parent(s) or legal guardian(s). You agree that all purchases made on the Website shall be subject to Bugaboo's Terms and Conditions of Sale which are incorporated herein by reference and shall form an integral part of these Terms of Use to the extent applicable to you.

 

Reviews, Comments, Communications, and Other Content

You may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Contributions”), provided that such User Contributions meet the requirements set forth under this Section 4.

Your User Contributions must not (i) be inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, offensive, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, nationality, disability, sexual orientation or age, (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of Bugaboo or any third party, (iv) violate applicable laws , rules or regulations, or (v) include links to other websites that consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, 

Bugaboo does not review User Contributions before they are posted. Bugaboo may but is not required to remove or edit such User Contribution unless Bugaboo is required by applicable law, rule or regulation to do so.

If you post User Contributions, and unless we agree in writing with you otherwise, you agree that your User Contributions will be considered non-confidential and non-proprietary. By providing User Contributions on the Website, you grant Bugaboo and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, transferrable and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from , distribute, and display such User Contributions throughout the world in any media. You here by grant Bugaboo, its affiliates, and our respective sublicensees the right to use the name that you submit in connection with such User Contribution. You represent and warrant that you own or otherwise control all of the rights to your User Contributions and that your User Contributions do not violate these Terms of Use.

Bugaboo has the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion or take any action that we deem necessary if we believe that such User Contribution violates these Terms of Use, threatens the personal safety of users of the Website or the public, or could create liability for Bugaboo.

Bugaboo shall not be responsible and does not assume liability for any User Contribution posted by you or any third party.
 

Intellectual Property

The Website, including text, layout, graphics, logos, button icons, images, video, audio clips, digital downloads, data compilations, and software, and the copyrights, trademarks and other intellectual property rights therein are owned by Bugaboo, its affiliates and /or licensors. You may not use Bugaboo's copyrights, trademarks and other intellectual property without Bugaboo's prior written permission.

 

Notices and Procedures for Making Copyright Infringement Claims; DMCA

Bugaboo respects the intellectual property rights of others, and we ask our users and visitors to do the same. Bugaboo will investigate notices to us of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that any User Contribution on the Website violates your copyright, please send a notice (a “DMCA Notice”) of copyright infringement to our DMCA agent that complies with the DMCA. The contact information of our DMCA Agent is set forth below. Upon receipt of such DMCA Notice, Bugaboo will take the necessary action as required by the DMCA. 

Please send DMCA Notices to:

Mailing address:
142 W. 57th Street
New York, NY 10019
Attn: Website Relations

E-mail address: legalsupport@bugaboo.com

Your DMCA Notice must include the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work on the Website you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address);
  • A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

If you believe that material you posted on the Website was removed or access to it was disabled by error or misidentification, you may send a counter written notification (a “ DMCA Counter Notice ”) to our DMCA agent (see contact information above). 

The DMCA Counter Notice must include the following:

  • Your physical or electronic signature;
  • An 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 disabled; 
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address);
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

 

If you fail to comply with all of the above requirements, your DMCA Notice or DMCA Counter Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was (i) removed or disabled by mistake or misidentification, or (ii) infringing on your copyright, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.

Notices to Bugaboo other than in connection with claims of copyright infringement should be directed to:

By Mail:
Bugaboo North America, Inc. 
142 W. 57th Street
New York, NY 10019
Attn: Website Relations

By e-mail: legalsupport@bugaboo.com
 

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Hyperlink Disclaimers

As a convenience to you, we may provide on the Website links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Website. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by these Terms of Use or any other policies of Bugaboo. The content is not monitored or endorsed by Bugaboo. Bugaboo makes no representations or warranties regarding information, goods, and/or services appearing and/or offered on any Linked Site.

 

Disclaimer of Warranties and Limitation of Liability

THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. NEITHER BUGABOO NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. NEITHER BUGABOO NOR ITS AFFILIATES REPRESENTS OR WARRANTS THAT DEFECTS OF THE WEBSITE OR ANY FUNCTIONALITIES THEREOF WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, BUGABOO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BUGABOO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

You shall indemnify, defend and hold Bugaboo, its affiliates, our and their officers, directors, employees and agents harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of, in connection with or related to your User Contributions or violation of these Terms of Use. 

 

Modification and Severability

Bugaboo may modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website at any time without prior notice to you or any third party. Bugaboo shall not be liable for any damages resulting from such modification, suspension or discontinuance.

 

Amendments to these Terms of Use

Bugaboo may make changes to these Terms of Use from time to time. When we make changes, we will post the updated Terms of Use on the Website and update the date of these Terms of Use’s last update at the top of the page. Continued use of the Website following such changes constitutes the acceptance of those changes. If we make material changes to these Terms of Use, we will notify you via e-mail in the event you provided us with your e-mail address or through a general notice on the homepage. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you and for reviewing these Terms of Use every time you visit the Website.

 

Legal Notices to California Consumers

Pursuant to California Civil Code Section 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by calling 1-800-952-5210 or by writing to:

 

Department of Consumer Affairs 
Consumer Information Division 
1625 North Market Blvd., Suite N 112 
Sacramento, CA 95834

 

Choice of Law and Dispute Resolution

All matters arising out of or relating to these Terms of Use are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. 

In the event of a violation or threatened violation of Bugaboo’s proprietary rights, Bugaboo shall have the right, in addition to such other remedies as may be available pursuant to law or these Terms of Use, to temporary or permanent injunctive relief enjoining such act or threatened act without the requirement of a bond or any other security. The parties acknowledge and agree that legal remedies for such violations or threatened violations may be inadequate and that Bugaboo would suffer irreparable harm.

Except as otherwise provided in the foregoing paragraph, YOU AND BUGABOO HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND BUGABOO ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14 in front of a sole arbitrator. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.  To the extent permissible under applicable law, the place of arbitration shall be New York, New York, or if the selection of such venue is deemed invalid, illegal or unenforceable, such location where you have your primary residence or principal place of business. The language of the arbitration shall be English.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Use is/are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of the event that gave rise to the claim. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BUGABOO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER WEBSITE USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

ANY CAUSE OF ACTION AGAINST BUGABOO, REGARDLESS WHETHER IN CONTRACT, TORT OR OTHER-WISE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. TO THE EXTENT NOT PROHIBITED BY THE APPLICABLE STATE LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OF USE

 

Compliance with Laws, Rules and Regulations

You agree to comply with all laws, rules and regulations applicable to your use of this Website. If you access this Website from outside the United States, you will be responsible for compliance with all local laws, rules and regulations in such jurisdiction.

 

Entire Agreement

These Terms of Use together with the Privacy Policy constitute the entire agreement between Bugaboo and you with respect to your use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Bugaboo with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign any of your right or interest or delegate any obligation arising hereunder without the prior written consent of Bugaboo. Any attempted assignment by you shall be null and void. Bugaboo may assign its rights and/or delegate its obligations under these Terms of Use at any time.

No waiver by Bugaboo of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bugaboo to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.