AGREEMENT BETWEEN USER AND KUHNSOFT, LLC (DBA BOGORedeem.com), herein after referred to as BOGORedeem throughout this agreement.
The BOGORedeem Web Site is comprised of various Web pages operated by BOGORedeem (KUHNSOFT, LLC).
The BOGORedeem Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BOGORedeem Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
BOGORedeem reserves the right to change the terms, conditions, and notices under which the BOGORedeem Web Site is offered, including but not limited to the charges associated with the use of the BOGORedeem Web Site.
BILLING/FEES/COST
BOGORedeem offers this fundraiser reward card system on our web site and our 'Apps' for iOS and Android (coming soon).
For merchants offering BOGO offers or other offers on reward cards, BOGORedeem is 100% free. You choose what offers you want displayed on whatever card programs you choose to be involved with.
For merchants, once your offer is entered and once the card Program is active and locked in our system, however, your offer cannot be changed or altered as it will be displayed and/or printed on fundraiser and/or reward cards in that fashion for the duration of the program and until the program expiration date has been reached. BOGORedeem cannot be held accountable or liable for any mistypings of your offer or during the redemption process. By entering an offer and enrolling in a fundraiser card program, you are agreeing to enter an offer and allowing that offer to be redeemable for the duration of the card program. Card program are
typically 12-18 months in duration. At which time when a card program is ready to expire, we will allow merchants/businesses to renew and signup again for the renewed card program which may or may
not still be in support of the original fundraiser. You can always Opt Out and we will make every attempt to call or email you to see if you want your BOGO or other offer transferred to the latest version of the program. However, a non-response from you will indicate you have no problem in letting your original offer renew to the latest version of the program in an ongoing or yearly basis. The most successful BOGO options are ones that give the merchant visibility and free marketing on our reward cards, but still allow the merchant to be profitable since consumers typically are upsold and go above and beyond by making additional purchases with the merchant whenever they go to redeem the original BOGO or other offer as it is presented on the rewards card. BOGORedeem cannot be held liable or accountable for the profit/loss you take on as the business holder from whatever offer you choose to have displayed on the card for the duration of the card program or until you Opt Out. To Opt Out, simply log into BOGORedeem and remove your information from the card listing or contact BOGORedeem at our phone number listed on the site or email us at support@bogoredeem.com. We will try to accomodate you as long as the card program is not locked and active at the present time and we will unenroll you at the end of the existing program's expiration date.
For consumers/patrons purchasing cards, BOGORedeem typically works with fundraising coordinators. These people are typically in charge of the fundraiser for their local sports teams, clubs, special interest groups, special needs groups, or any other organization looking to raise money for their cause. Once a card is sold to you, it is non-refundable. We are always looking to add more and more merchants/businesses
to every card program to give you the best value for your money when you patronize and purchase a card. Please make every effort to support your local merchants whose offers are displayed on their cards and respect their wishes in terms of card offers so as not to take advantage of your local merchants in your community. When registering your card with us, it allows us to be able to lookup and retrieve your card information and send you an email or txt msg with a link to retrieve your card details. The card, when sold to you, will contain a QR Code. Scanning the code with your camera on your phone allows the full details page to be retrieved so that you may view the digital version of your card offers or even print them to keep a physical copy for ease of redemption. BOGORedeem is not responsible for replacing your initial physical card which contains your QR Code in the event that it is lost, damaged or stolen. BOGORedeem does give you an easy way to retrieve this card information via our website as long as you have properly and initially registered your card with us. To register your card with us, simply scan the QR Code and our system will detect and redirect you to a registration page if the card is unregistered. In some cases, card offers have terms stated they can only be redeemed once or X number of times. Some card offers are on the honor system and we ask you to respect the wishes of the merchant and not abuse redemption. Once a card is purchases and registered, the consumers name is listed on the printed version of the reward card if you choose to self-print via the website or bookmark the card details page after scanning the QR Code. The card is only valid to one and only one person and is only redeemable by the registered consumer.
For fundraiser organizations and people starting/using fundraising reward card programs offered by BOGORedeem, you are our partners in this and together we can achieve our goals.
By contacting us and agreeing to use BOGORedeem for your fundraiser, you agree to withhold your end of the bargain and sell BOGORedeem cards. We will decide upon the proper amount of cards to print
and ship to you so that you earn whatever money is established as your fundraiser goal. You understand that your organization will earn 50% of the total proceeds from card sales (less credit card transaction fees for online purchases) and you understand you will need to take on the burden of administering the card program in your organization and have your "salespeople" sell the cards and bring the money earned back to you for collection. You agree to respect the decided-upon timeframes of the card program which includes but not limited to, the start and end date of reward card sales to consumers/patrons as well as the start and end date of the overall card program which locks in the timeframe when card offers can be redeemed by consumers to your local area merchants who are enrolled in the program. You agree to the initial security deposit which allows BOGORedeem to begin configuring your card program in our system, enrolling merchants, and printing and distributing the cards to you. Once an agreement is signed by either electronic PDF, or via commitment via a formal email to us, you agree to hold true to the program and do your part to receive the cards from us and sell and distribute them. Finally, when all cards are sold to patrons/consumers or the end date of the card sales timeframe has been reached (as agreed upon jointly with us), you agree to immediately send BOGORedeem a check in the amount of 50% of amount of cards sold or shipped to you, as agreed upon jointly with us. You agree to send this check by USPS mail or certified mail such as through FedEx or USPS and postmarked within 15 days of the end date of the card sales timeframe. For any online sales of cards, BOGORedeem will send you profit made from the cards (less credit card transaction fees for your portion of the card profit). Once a program expiration date occurs or leading up to the expiration date, BOGORedeem may reach out to you and see if you wish to renew the program with us. If you decide not to renew the program with us, BOGORedeem may contact merchants and see if they would still like listed on a new version of the program for the upcoming year and we may contact customers to see if they would also like to renew the card. If this occurs, and you do not wish to renew with BOGORedeem, then you will not receive any proceeds from card sales for the next version (next year) of the program.
DATA/CONTENT
BOGORedeem has the right to purge data in the system periodically as needed in order to recover disk space. We also have the right to terminate or disable your account at any time if we feel it is no longer being utilized or if you fail to properly hold and allow redemption of your BOGO deals or offers (for merchants) or if you are a consumer/patron and abuse your card redemptions or try to duplicate your card for other people to use. Upon merchant service cancellation, your data will be purged and become inaccessible. BOGORedeem reserves the right to alter settings and appearance of our system contained within the BOGORedeem.com domain and our 'Apps'. Screens, look and feel, and functionality may be changed at our discretion and in order to provide continuous enhancements to our systems and to our functionality. We will not ever sell your data... stuff like that just isn't nice. We like food and we like local merchants, restaurants/caterers, businesses and patrons/consumers so we want to keep you happy! By the way... you need internet connectivity such as through some type of device such as a SmartPhone or Computer (android, iphone, tablet, ipad, PC, laptop) to be able to use our product and view your card offers or print the full page details using your web browser. We cannot be held responsible for your internet connectivity issues or for any data charges you incur while using our software. We also need to store cookies on your computer so we can remember who you are and prefill information for you as well as making ordering much easier on you! Don't worry, they're encrypted when they are passed from you to us over SSL.
LINKS TO THIRD PARTY SITES
The BOGORedeem Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of BOGORedeem and BOGORedeem is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BOGORedeem is not responsible for webcasting or any other form of transmission received from any Linked Site. BOGORedeem is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BOGORedeem of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BOGORedeem Web Site, you warrant to BOGORedeem that you will not use the BOGORedeem Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BOGORedeem Web Site in any manner which could damage, disable, overburden, or impair the BOGORedeem Web Site or interfere with any other party's use and enjoyment of the BOGORedeem Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BOGORedeem Web Sites.
USE OF COMMUNICATION SERVICES
The BOGORedeem Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
BOGORedeem has no obligation to monitor the Communication Services. However, BOGORedeem reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BOGORedeem reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BOGORedeem reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BOGORedeem's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BOGORedeem does not control or endorse the content, messages or information found in any Communication Service and, therefore, BOGORedeem specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BOGORedeem spokespersons, and their views do not necessarily reflect those of BOGORedeem.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BOGORedeem OR POSTED AT ANY BOGORedeem WEB SITE
BOGORedeem does not claim ownership of the materials you provide to BOGORedeem (including feedback and suggestions) or post, upload, input or submit to any BOGORedeem Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BOGORedeem, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. BOGORedeem is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BOGORedeem's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BOGORedeem WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOGORedeem AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BOGORedeem WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BOGORedeem WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BOGORedeem AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BOGORedeem WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BOGORedeem AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOGORedeem AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BOGORedeem WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BOGORedeem WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BOGORedeem WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BOGORedeem WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOGORedeem OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BOGORedeem WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BOGORedeem WEB SITE.
TERMINATION/ACCESS RESTRICTION
BOGORedeem reserves the right, in its sole discretion, to terminate your access to the BOGORedeem Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the BOGORedeem Web Site. Use of the BOGORedeem Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BOGORedeem as a result of this agreement or use of the BOGORedeem Web Site. BOGORedeem's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BOGORedeem's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BOGORedeem Web Site or information provided to or gathered by BOGORedeem with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BOGORedeem with respect to the BOGORedeem Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BOGORedeem with respect to the BOGORedeem Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BOGORedeem Web Site are: Copyright 2022 Kuhnsoft, LLC and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
PRIVACY STATEMENT
By using our site, you also agree to our PRIVACY STATEMENT which can be viewed here.
CONTACT INFORMATION
BOGORedeem welcomes your comments regarding this agreement.
If you believe that BOGORedeem has not adhered to this Statement, please
contact BOGORedeem at info@BOGORedeem.com.
Or, call us at +1 (412) 376-7785.
We will use commercially reasonable efforts to promptly determine and remedy the
problem.