TERMS OF USE AND CONDITIONS OF SALE

• Site Use

  BugMD's Site, products, and services are intended for adults only. By using the Site 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.

• Privacy and Security Disclosure

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

• 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.

• 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, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

  This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

• 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 through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policies.

  All descriptions and pricing of our products or services are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Site is void where prohibited.

• 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 BugMD and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. BugMD reserves all rights not expressly granted in and to the Site.

• User Conduct

  You may not use, copy, display, sell, 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.

  In addition, in connection with your use of the Site and its products or services, you agree not to:

  • Restrict or inhibit any other visitor from using or enjoying the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;

  • Use the Site for any unlawful purpose;

  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Express or imply that any statements you make are endorsed by us, without our prior written consent;

  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;

  • Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising;

  • "Frame" or "mirror" any part of the Site without our prior written authorization;

  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," "scrape," "harvest," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

  • Harvest or collect information about visitors to the Site without their express consent;

  • Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site; or

  • Transmit any Content which contains software viruses or other harmful computer code, files, or programs.

  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

  BugMD has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

• 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:

  • You may only maintain a single account;

  • You may never share your account user ame password or knowingl provide or authorize access to your account;

  • You may never use another user's account without permission;

  • When creating your account, you must provide accurate and complete information;

  • You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;

  • You must notify us immediately of any breach of security or unauthorized use of your account; and

  • You will be liable for any use made of your account or password and the losses of BugMD or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

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

• Payment

  All charges are in U.S. Dollars.

  By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

  We and our 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 such updated information is 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 providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card's updating service, you should 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.

• Subscriptions and Cancellation Policy

  If you go 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 sale 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 more than 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. contact us by chat, email

  To cancel your membership, please (support@bugmd.com), or telephone (949-502-0148).

• 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 you any product or service. We reserve the right to require additional information before processing any order.

• 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 (support@bugmd.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.

• Delivery Confirmation

  Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to you, even without a signature.

• 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 our product, you may return or exchange the unused portion of the product up to thirty (30) days from the date of delivery for a refund, less return shipping costs and a $9.95 return 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 all returned items:

  • To initiate a refund or exchange, contact us by chat, email (support@bugmd.com) or phone (949-502-0148). You will be given a Return Merchandise Authorization (RMA) number and details for shipping.

  • We cannot process or refund packages marked "Return to Sender."

  • Refunds will be issued to the same credit card or method of payment that was charged when ordering the product.

  • Send returns to the address provided along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number.

  We are not responsible for lost or stolen items. We recommend sending all returned items using some type of delivery confirmation system to ensure proper delivery.

  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.

• 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 BugMD, 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 the applicable site or platform using the procedures they have established for that purpose.

• 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 (our agent for notice of claimed infringement):

  Notification of Claimed Infringement:

  BugMD LLC
  Attn: Copyright Agent
  822 Guilford Avenue #1835 Baltimore, MD 21202
  Email: support@bugmd.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 the following information: (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/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any 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.

• DISCLAIMER OF WARRANTIES

  EXCEPT WHERE PROHIBITED BY LAW, THIS SITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" 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. WE 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 SERVER(S) THAT 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 NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

• 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 OR A THIRD-PARTY'S USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT, REGARDLESS OF WHETHER BUGMD HAS HAD 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 INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. 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 USD $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.

• 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 BUGMD 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. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

  THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

  • General

    Arbitration is a manner of resolving a "Claim" without filing a lawsuit. "Claim" means any dispute between you, BugMD, or any involved third party relating to your account, your use of the Site, your relationship with BugMD, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products or services, and any act or omission by BugMD, or any third party related to your use or attempted use of the products or services, and any communications from BugMD or any third party on BugMD's behalf. You, BugMD, or any involved third party may pursue a Claim. BugMD agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against BugMD. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the "FAA”), 9 U.S.C. §§ 1-16, as amended.

    Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California's Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California's Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Orange County, California on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.

  • Exceptions

    Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and BugMD both retain the right to pursue, in small claims court, any claim that is within that court's juris tion and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court's jurisdiction. BugMD will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Orange County, California: (i) an action by BugMD relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by BugMD for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection "b" in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection "b," the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Orange County, California, and forever waive any challenge to said courts' jurisdiction and venue.

  • Required Pre-Dispute Procedures

    Before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to BugMD LLC, Attn: Legal Department, 30 N Gould St Suite 20214 Sheridan, WY 82701. BugMD will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with BugMD or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.

  • Commencing Arbitration

    You and BugMD agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre- dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

  • Arbitration Location

    If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Orange County, California unless BugMD otherwise agrees to arbitrate in another forum requested by you.

  • Organization, Rules and the Arbitrator

    We each agree that any and all Claims other than those exempted under subsection "b" above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association ("AAA"). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection "d" above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the AAA's Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or BugMD.

  • Fees

    Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules.

  • Governing Law and Award

    The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • Enforceability

    This provision survives termination of your account or relationship with BugMD, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

  • Miscellaneous

    Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and BugMD and shall not be modified except in writing by BugMD.

  • Amendments

    BugMD reserves the right to amend this arbitration provision at any time. Your continued use of the Site, purchase of a product or service on or through the Site, or use or attempted use of a BugMD product or service, constitutes your consent to such changes.

    YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE SITE (WHICHEVER COMES FIRST) BY WRITING TO US AT BUGMD LLC, ATTN: LEGAL DEPARTMENT, 822 GUILFORD AVENUE #1835 BALTIMORE, MD 21202. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

• Indemnification

  To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless BugMD, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys' fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

• Third-Party Websites and Links

  Our Site may include materials from third-parties or links to third-party websites. BugMD is not liable for any third-party materials or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

• Third Party Pixels and Cookies

  When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting Retention.com.

• Testimonials, Reviews, and Other Submissions

  Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Submissions represent the unique experience of the submitting customers, and do not necessarily reflect the experience that you may have using our products.

  BugMD reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. BugMD shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

• Electronic Communications

  You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

• Assignment

  You may not assign any of your rights under these Terms, and any such attempt will be null and void. BugMD and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of BugMD's business is transferred to another entity by way of merger, sale of its assets, or otherwise.

• No Waiver

  No waiver by BugMD of any term or condition set forth in these Terms 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 by BugMD to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

• Severability

  In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

• Termination

  In the event that we terminate this Agreement, Sections 1-29, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

• Entire Agreement

  These Terms, the Agreement, and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and BugMD, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

• Questions or Additional Information

  If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team via chat, or by mail, email, or phone at the following:

  BugMD LLC
  822 Guilford Avenue #1835 Baltimore, MD 21202
  Email: support@bugmd.com
  Tel: 949-502-0148

THE INFORMATION WE COLLECT

BugMD collects information directly from you in a variety ways including:

• Information You Voluntarily Provide to Us

  BugMD's Site, products, and services are intended for adults only. By using the Site 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.

  • The account registration process and the administration of your account;

  • Receiving the questions, communications, or feedback you submit to us via email or online forms;

  • Your participation in research and surveys; and

  • Requests you submit for customer support and technical assistance, including through online chat functions, message, and text messages.

  BugMD collects the following types of information directly from you:

  • Name, mailing address, telephone number, and email address;

  • Billing information, such as credit or debit card number, bank account and routing numbers, and identity verification information that is collected though our payment processors on our behalf;

  • Log-in credentials;

  • Information about purchases or other transactions with BugMD;

  • Information about your customer service and maintenance interactions with us;

  • User-generated content you post in public online forums on our Services; and

  • Any other information you choose to directly provide to us in connection with you use of the Services.

• Information We Collect Through Automated Means

  BugMD and our services providers (third-party companies that work on our behalf) use a variety of technologies to assist in collecting information about your use of the Services and the devices you use to access the Services.

  Visitor Data. When you use our Site, we collect information that will help us understand and analyze your experience interacting with our Services. For example, we may collect information related to domain names, the type of browsers used to access the Services, operating system software, browser plug- ins, cookie preferences, search engine keywords, the pages you viewed and amount of time spent on particular pages, terms you use in you searches on our Site, and similar information.

  Location Information. When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user's general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location).

  Cookies. "Cookies" are a feature in your browser software. If enabled, we, or our service providers, may write cookies that may store small amounts of data on your computer about your visit to any of the pages of the Site. Cookies assist us in tracking which of our features appeal the most to you and what content you may have viewed on past visits. When you visit this Site again, cookies can enable us to customize our content according to your preferences.

  We may use cookies to:

  • keep track of the number of return visits to this Site;

  • accumulate and report aggregate, statistical information on Site usage;

  • deliver specific content to you based on your interests or past viewing history; and

  • save your password for ease of access to the Site.

  You can disable cookies, although the Site may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com. In order to use all of the features and functionality of BugMD's Site, you need to accept cookies.

  Web Beacons. A web beacon, sometimes called a tracking pixels, is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows BugMD and our third-party service providers to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, we also use web beacons in email messages sent to individuals listed in BugMD's database.

  Other Online Tools. BugMD may also use a web server log or an SDK. A webserver log is a file where website activity is stored. An SDK is a set of tools and/or code that we embed in our software to allow third parties to collect information about how people interact with our Services.

  As we continue to develop the Site and our Services, BugMD may implement additional methods to gather information about the BugMD community.

Information We Collect From Social Media and other Content Platforms

BugMD maintains a presence on a variety of social media platforms. When you "like" or "follow" us on Facebook, Instagram, Twitter, or other social media platforms, we may collect some information about you. This information includes your name, email address, and any comments or content you post that is relevant to BugMD. We also collect your information if you sign up for a promotion and submit information to us through one of our social media accounts.

BugMD also maintains several blogs as a part of its Services. When you comment or post content to any of our blogs, we will collect your name and email address.

HOW WE USE YOUR INFORMATION

The following paragraphs describe how BugMD uses your information in connection with our Services.

General Use. BugMD will use your information as necessary to carry out and manage its Services. This includes, using your information to verify and administer your account, including processing payments and fulfilling orders (if applicable). We will use your information to communicate with you about BugMD's Services, your use of the Services or your inquiries related to the Services. BugMD will use your information to ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure.

Improve BugMD's Services. BugMD continuously seeks to improve its Services. To do so, we conduct research to understand the effectiveness of our Services, improve our Services, and to better understand the BugMD community. If we publish the results of our research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.

Promotional Communications We will use your personal information to communicate with you by email, postal mail, phone, or text message about surveys, promotions, special events, or our products and Services and those of our affiliates or third-party partners, and any of their related businesses. By creating an account and using this Site, you are giving your express permission to BugMD and their agents or vendors the right to contact you with targeted advertising materials by email, text message (SMS), telephone, or cellphone, including the use of automated, predictive, programmable, or similar ("robodialers") dialers or dialing software, or any other means of communication to provide promotional offers. To the extent applicable, you expressly acknowledge that you are solely responsible for all charges billed by your mobile service provider. If you no longer wish to receive text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from BugMD. If you no longer wish to receive promotional communications by email, please follow the unsubscribe link located at the end of the email message.

Marketing/Performance Analysis & Data Analytics. We will use your information to help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services. We may use your information to measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you.

Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use and share such combined information in accordance with this Privacy Policy.

Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device ("Aggregate/De-Identified Information"). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

DATA ANALYTICS AND ADVERTISING

• Data Analytics

  We may use third-party web analytics services (such as those of Google Analytics (including Google Signals, Google User-ID, and other Google Analytics features) and MixPanel) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. And to opt out of Google Signals, please open your "Settings" app, locate and tap "Google," select "Ads," and turn ON "Opt out of Ads Personalization." You may also be able to disable cross-device tracking through your Android or Apple device-based settings.

  If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

• Online Advertising

  The Services may integrate third-party advertising technologies (e.g., ad networks and ad servers such as Facebook, Google Ad Words, Criteo, and others) that use cookies and other technologies to deliver relevant content and advertising for products on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services.

  We sometimes provide our customer information (such as email addresses) to service providers, who may "match" this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.

  We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by non-affiliated third-party advertising network services. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out link, the Digital Advertising Alliance's Consumer Opt-Out link, or the Your Online Choices link to opt-out of receiving tailored advertising from companies that participate in those programs. If you are interested in more information about Criteo's privacy practices or opting-out of Criteo's advertising services, you may view their Privacy Policy. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

  Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.

• Mobile Advertising

  When using mobile applications from us or others, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.

• Email Marketing

  By submitting your email address through the Site, you are expressly consenting to receive emails from BugMD, including from BugMD's affiliates, and from third parties concerning offers and advertisements unrelated to BugMD. To opt- out of receiving email messages from us, from our affiliates or from other third parties, click on the "Unsubscribe" link contained in each email. Please allow up to 10 business days for us to process your request. Please note if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your order(s) (i.e., order confirmation, shipping information, etc.). If you have questions or concerns regarding this provision, please contact us at support@bugmd.com.

• Notice Concerning Do Not Track

  Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

HOW WE SHARE YOUR INFORMATION

BugMD may share your information in the following ways:

Affiliates & Related Business Entities. We may share the information we collect with our affiliates or related business entities for the purposes of delivering products or services to you, ensuring a consistent level of service, and to enhance our products, services, and your customer experience.

Service Providers and Third-Party Vendors. We provide access to or share your information with select third parties who use the information to perform services on our behalf. They provide a variety of services to us, including billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services.

Legal Compliance. By using the Service, you acknowledge and agree that we may access, retain, and disclose information we collect and maintain about you if reasonably necessary to comply with a subpoena or court order, to enforce our Terms of Use, Privacy Policy, or BugMD's legal rights.

Business Transfers. As BugMD continues to grow, we may buy, merge, or partner with other companies. In such transactions, your information may be among the assets that are transferred.

Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our Site or blogs, we may display your review (along with the name provided, if any) on other BugMD websites and on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.

Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information we collect through the services and our sharing of such Aggregate/De-Identified Data is in our sole discretion.

THIRD-PARTY LINKS AND CONTENT

The Site and email messages that you receive from BugMD may sometimes contain hypertext links to the websites of third parties. BugMD is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. BugMD does not operate or control in any respect any information, software, products or services available on such third-party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

DATA SECURITY

We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your personal information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this Site.

SUBMITTING INFORMATION FROM OUTSIDE THE UNITED STATES

We control and operate the online and mobile resources from within the United States of America (the "U.S."). Information collected through the Site and Services may be stored and processed in the United States or any other country in which we or our vendors maintain facilities. Although we do not actively block or monitor visitors from other countries, the Site is directed only at visitors from the U.S. As such, this Privacy Policy is consistent with U.S. law and practice and is not adapted to other laws (including European data security and privacy laws). BugMD will apply the applicable laws of the U.S. including as embodied in this Privacy Policy in place of data protections under your home country's law. That is, you freely and unambiguously acknowledge that this Privacy Policy, not your home country's laws, controls how we will collect, store, process, and transfer your personal information. Similarly, the English language version of this Privacy Policy is the controlling version regardless of any translation you may attempt.

DATA PRIVACY AND PROTECTION LAWS: THE CCPA AND GDPR

Privacy and data protection laws vary around the world and among the several United States. Some of those laws are more specific than others. Most prominently, residents of California and data subjects whose personal information was obtained from them while they were in the European Economic Area, United Kingdom, and Switzerland have certain additional rights in cases where the party collecting that information is governed by the applicable law. We have reviewed our business operations and data-related business practices with legal counsel in the context of the General Data Protection Regulation under European Law also known as the "GDPR❞ and the California Consumer Privacy Act (the "CCPA"). As a result of that review, as of the effective date of this Privacy Policy, we do not believe we are governed by the GDPR or the CCPA.

CCPA. We do not meet any of the threshold requirements for coverage under the CCPA in Cal. Civ. Code 1798.140.

GDPR. We do not, for instance, collect personal information from data subjects in the European Economic Area, United Kingdom, or Switzerland or elsewhere abroad. Similarly, we do not target or tailor our Site or Services or any of our other US-based business activities to appeal to, or specifically attempt to do business in those jurisdictions.

For general visitors, consumers and regulators who have questions about whether or how the GDPR, CCPA or other industry- or jurisdiction-specific laws apply to us, you can contact us using the contact information below.

CHILDREN'S PRIVACY

Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements very seriously, and, consistent with them, do not intend for our Site or Services to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to us via our Site or Services, we will delete that information and not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.

CHANGES TO THIS PRIVACY STATEMENT

We reserve the right to change or update this Privacy Policy from time to time. Please check our Site periodically for such changes since all information collected is subject to the Privacy Policy in place at the time of collection. Typically, we will indicate the effective/amendment date at the beginning of this Privacy Policy. If we feel it is appropriate, or if the law requires, we'll also provide a summary of changes we've made near the end of the new Privacy Policy.

CONTACT US

If you have questions about this Privacy Policy or BugMD's privacy practices, please contact us at:

BugMD LLC
Address: 822 Guilford Avenue #1835 Baltimore, MD 21202
Email: support@bugmd.com