Terms of Use & Sale - GOT BAG (US)
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GOT BAG

Terms of Use & Sale

Terms of Use

Last Updated: September 6, 2020 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web sites, mobile applications and online services (collectively "Sites") of GOT BAG LLC and its subsidiaries and affiliated companies (collectively "GOT BAG"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with GOT BAG for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and GOT BAG for violations of these Site Terms.

GOT BAG reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites and shall apply to all use of the Sites and all acts or omissions occurring after the effective date of the revised Site Terms. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, your license to use the Sites will terminate and any further use will be unauthorized, so you must stop using the Sites. 

If you have any question regarding the use of the Sites, please refer first to the Frequently Asked Questions. All other questions or comments about the Sites or their contents should be directed to GOT BAG via mail to hello-us@got-bag.com.

SECTION 1 - PRIVACY POLICY

Please refer to our Privacy Policy for information on how GOT BAG collects, uses and discloses personally identifiable information from its users.

SECTION 2 - MOBILE SERVICES AND CONTACT INFROMATION

The Sites may include certain features or services that are available via your mobile phone (the "Mobile Services"), such as the ability to upload content to your mobile phone or request order and shipping status messages or other alerts be sent to your mobile phone. In addition, you are required to provide a phone number in the online account registration process and online order process as part of your contact information, and you have the option, but are not required, to provide your mobile number as your contact number. By using the Mobile Services, or by providing your mobile number as a contact point, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You understand that your carrier's normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.

SECTION 3 - COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the GOT BAG logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of GOT BAG or its licensors or users and are protected by U.S. and international copyright laws. 

You are granted a limited, non-sublicensable license to access and use the Sites and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f)

downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Site or the Site Materials other than as specifically authorized  herein, without the prior written permission of GOT BAG, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

SECTION 4 - REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, GOT BAG has adopted a policy of terminating, in appropriate circumstances and at GOT BAG's sole discretion, subscribers or account holders who are deemed to be repeat infringers. GOT BAG may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

SECTION 5 - TRADEMARKS

"GOT BAG" & "GOT BAG LLC” along with the GOT BAG logo and other product or service names, logos and slogans of GOT BAG that may appear on the Sites, are trademarks or registered trademarks of GOT BAG and may not be copied, imitated or used, in whole or in part, without the prior written permission of GOT BAG or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "GOT BAG" or any other name, trademark or product or service name of GOT BAG or its subsidiaries without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GOT BAG and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

SECTION 6 - HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray GOT BAG or any of  its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the GOT BAG logo or other proprietary graphic of GOT BAG to link to the Sites without the express written permission of GOT BAG. Further, you may not use, frame or utilize framing techniques to enclose any GOT BAG trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without GOT BAG's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of GOT BAG or any third party.

GOT BAG makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of GOT BAG and GOT BAG is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. GOT BAG provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by GOT BAG of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

SECTION 7 - THIRD PARTY CONTENT

GOT BAG may provide or allow third party content on the Sites and may provide or allow links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. GOT BAG does not monitor or have any control over any Third Party Content or third party Web sites. GOT BAG does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. GOT BAG does not represent or warrant the accuracy of any information contained therein and undertakes no 

responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Product reviews and comments posted on the Sites are strictly the opinion of the user posting such reviews or comments and GOT BAG does not endorse or approve any such reviews or comments.

SECTION 8 - ADVERTISEMENTS AND PROMOTIONS

GOT BAG may run or allow advertisements and promotions from third parties on the Sites or may otherwise provide or allow information about or links to third-party products or services on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. GOT BAG is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-GOT BAG advertisers or third party information on the Sites. However, the foregoing shall not apply to the extent that any loss or damage is the result of GOT BAG’s own negligence, fraud, willful injury or willful violation of law.

SECTION 9 - USER CONTENT AND INTERACTIVE SERVICES OR AREAS

The Sites may include discussion forums, blogs, product reviews, or other interactive areas or services ("Interactive Areas") in which you or other users create, post or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  2. User Content that you know or have reason to know is inaccurate, untruthful or misleading.
  3. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
  4. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
  5. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
  6. Unsolicited promotions, political campaigning, advertising or solicitations.
  7. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  8. Viruses, corrupted data or other harmful, disruptive or destructive files.
  9. User Content that, in the sole judgment of GOT BAG, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose GOT BAG or its users to any harm or liability of any type.

GOT BAG takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is GOT BAG liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. However, the foregoing shall not apply to the extent that any loss or damage is the result of GOT BAG’s own negligence, fraud, willful injury or willful violation of law.

Your use of Interactive Areas is at your own risk. As a provider of interactive services, GOT BAG is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although GOT BAG has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, GOT BAG reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect GOT BAG's systems and customers, or to ensure the integrity and operation of GOT BAG's business and systems, GOT BAG may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. GOT BAG's right to disclose any such information shall govern over any terms of GOT BAG's Privacy Policy.      

SECTION 10 - RIGHTS IN USER CONTENT AND SUBMISSIONS

Except as otherwise expressly stated by GOT BAG, GOT BAG does not claim ownership of any User Content or other materials you post or upload on the Sites or otherwise provide or submit to GOT BAG. However, unless we indicate otherwise, you grant GOT BAG and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. Such license shall be limited to use on or in connection with the Sites unless otherwise indicated on the Sites. You grant GOT BAG and its sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Notwithstanding the foregoing, you acknowledge and agree that any suggestions, ideas, comments or other information or materials regarding the Sites, GOT BAG or GOT BAG's products or services that are provided by you, whether by email, posting to the Sites or otherwise, are non-confidential and shall become the sole property of GOT BAG. GOT BAG shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

SECTION 11 - USER CONDUCT

By using the Sites, you agree not to:

  • Use the Sites or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites.
  • Harvest or collect email addresses or other contact information of other users from the Sites or Interactive Areas by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites and/or Interactive Areas or to extract data.
  • Use automated scripts to collect information from or otherwise interact with the Sites or Interactive Areas.
  • Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity.
  • Impersonate any person or entity or otherwise misrepresent your age or your affiliation with a person or entity.
  • Violate any local, state, national or international law.
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
  • Use or attempt to use another's account without authorization from GOT BAG.
  • Attempt to circumvent any content filtering techniques we may employ.
  • Attempt to access any service or area of the Sites (including, without limitation, any Interactive Areas) that you are not authorized to access.
  • Engage in any harassing, intimidating, predatory or stalking conduct.

GOT BAG is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is GOT BAG responsible or liable for any loss, damage, injury, or harm associated therewith. However, the foregoing shall not apply to the extent that any loss or damage is the result of GOT BAG’s own negligence, fraud, willful injury or willful violation of law. 

Although GOT BAG has no obligation to monitor any user conduct on the Sites or in any Interactive Area, GOT BAG reserves the right, and has absolute discretion, to monitor any user conduct on the Sites at any time and for any reason without notice. GOT BAG does not approve or endorse any user-posted meetings or events referenced on the Sites, and GOT BAG recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. Your use of the

Sites is at your own risk. Any use of the Sites in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.

SECTION 12 - REGISTRATION DATA; ACCOUNT SECURITY

In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification and not share such information with any third party; (c) maintain and promptly update the Registration Data, and any other information you provide to GOT BAG, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to GOT BAG, except that this provision shall not apply to the extent that any unauthorized access is the result of GOT BAG’s own negligence, fraud, willful injury or willful violation of law.

SECTION 13 - FINANCIAL MATERIAL DISCLOSURE

Forward-Looking Statements. The Sites, and any documents issued by GOT BAG and available through the Sites, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. GOT BAG undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

SECTION 13 (a) - PRESS RELEASES

The information contained within press releases issued by GOT BAG should not be deemed accurate or current except as of the date the release was posted. GOT BAG has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.

SECTION 13 (b) - THIRD-PARTY FINANCIAL INFORMATION

GOT BAG may provide links to third-party Web sites or services that contain financial or investment information about GOT BAG. Access to such Web sites and the information contained therein is provided as service to those interested in the information. GOT BAG neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, GOT BAG does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. GOT BAG makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.

SECTION 14 - INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify and hold harmless GOT BAG, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against GOT BAG and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

SECTION 15 - DISCLAIMER

Except as expressly provided to the contrary in a writing by GOT BAG, the Sites, the site materials contained therein (including all user content) and the services provided on or in connection therewith (the "Services") are provided on an "as is" basis without warranties of any kind, either express or implied. GOT BAG disclaims all other warranties, express or implied, including, without limitation, implied warranties of

merchantability, fitness for a particular purpose, title and non-infringement as to the information, user content and site materials in the Sites. GOT BAG does not represent or warrant that the Sites, the site materials or the Services are accurate, complete, reliable, current or error-free. GOT BAG does not represent or warrant that the site or its servers are free of viruses or other harmful components. GOT BAG is not responsible for the conduct, whether online or offline, of any user of the Sites or the service, and you are solely responsible for your interactions with other users. Product reviews and comments are strictly the opinion of the user posting such reviews or comments and GOT BAG does not endorse or approve any such reviews or comments.

GOT BAG is not responsible for typographical errors or omissions relating to pricing, text or photography. While GOT BAG attempts to make your access and use of the Sites and the Services safe, GOT BAG cannot and does not represent or warrant that the Sites or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download. 

GOT BAG reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, Services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GOT BAG.

SECTION 16 - LIMITATION OF LIABILITY

In no event shall GOT BAG, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Sites, the Services, the user content or the site materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by user on any information obtained from GOT BAG, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to GOT BAG's records, programs or services.

In no event shall the aggregate liability of GOT BAG, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the sites exceed any compensation you pay, if any, to GOT BAG for access to or use of the sites.

However, the foregoing limitation of liability provisions shall not apply to the extent that any claims, damages, costs or expenses are the result of GOT BAG’s own negligence, fraud, willful injury or willful violation of law.

SECTION 17 - APPLICABLE LAW AND VENUE

These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Site Terms shall be filed only in the state and federal courts located in Marion County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.

SECTION 18 - DISPUTE RESOLUTION

Any dispute or claim between you and GOT BAG, its agents, employees, successors, assigns, and direct and indirect subsidiaries relating in any way to or arising in any way from your use of the Sites, or these terms of use (including their interpretation, validity, termination or breach) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The federal arbitration act and federal arbitration law apply to this agreement. The arbitrator shall 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 are void, voidable or otherwise invalid. 

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 terms of use as a court would. 

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to GOT BAG at:

GOT BAG LLC
Attn: General Counsel
5305 River Rd N STE B
97303 Keizer, Oregon

You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. Such arbitration shall proceed either in the county in which you reside or Marion County, Oregon. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights. 

This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA or JAMS rules, and the right to certain remedies and forms of relief. Other rights that you or GOT BAG would have in court also may not be available in arbitration.

SECTION 19 - TERMINATION

Notwithstanding any of these Site Terms, GOT BAG reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.

SECTION 20 - SEVERABILITY

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

SECTION 21 - QUESTIONS & CONTACT INFORMATION

Questions or comments about the Sites or these Site Terms may be directed to GOT BAG via mail to hello-us@got-bag.com or to GOT BAG at: 

GOT BAG LLC
Attn: Legal Department
5305 River Rd N STE B
97303 Keizer, Oregon

SECTION 22 - LAST UPDATE

If we decide to change our Terms of Services, we will update the Terms of Services modification date below. This policy was last modified on 09/06/2020.

 

Terms of Sales

Last Updated: September 6, 2020 

PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING AN ITEM FROM THE WEB SITES, MOBILE APPLICATIONS OR ONLINE SERVICES (COLLECTIVELY “SITES”) OF GOT BAG LLC AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY “GOT BAG”), YOU AGREE TO BE BOUND BY THE TERMS OF SALE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.

These terms of sale contain very important information about your rights and obligations, as well as limitations and exclusions.

If you do not agree with these terms of sale, do not make your purchase.

If you are making a purchase on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Sale on such entity's behalf.

If you have any question, please refer first to the Frequently Asked Questions. All other questions or comments about the Sites or their contents should be directed to GOT BAG via mail to hello-us@got-bag.com.

All sales from the Sites are sold by GOT BAG LLC. These Terms of Sale apply to your purchases of any products from GOT BAG, except to the extent that you have entered into a separate written agreement with GOT BAG that supersedes some or all of these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in GOT BAG’s sole discretion. By placing an order for products through the Sites, you agree to be bound by and accept the Terms of Sale in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and GOT BAG, these Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Terms of Sale.

SECTION 1 - YOUR ACCOUNT

When you purchase from GOT BAG, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.

SECTION 2 - PAYMENT TERMS

GOT BAG currently accepts VISA, MasterCard, American Express, Discover Credit Cards, PayPal, Apple Pay, Google Pay and Klarna. Only valid credit cards may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. 

SECTION 3 - SHIPPING TERMS AND POLICIES

We endeavor to process all orders for in stock items within 1 business day. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Pacific Time. Our standard 2-5 day shipping to all 50 states is typically via FedEx ground. Since we are not responsible for any shipping delays or problems once the product has left our warehouse, you should allow 2-7 business days for delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice. 

Standard shipping is for free if orders are $50 or more (before tax and after discounts). All other shipping charges are the responsibility of the customer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. 

All orders are shipped FOB Shipping Point. Title to products passes from GOT BAG to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.

SECTION 4 - RETURN POLICY

You may return an unworn, unused item, in its original condition, with all original tags still attached, within 14 days of the date of purchase. A refund of the merchandise and taxes will be issued to the original method of payment. Shipping and handling for the delivery and return shipping charges will not be charged. A copy of your original receipt may be required. For more information on returns click here.

SECTION 5 - PRODUCT AVAILABILITY AND PRICING

All prices are shown in U.S. dollars (except where otherwise noted). Sales taxes are additional. Shipping and handling charges are additional if orders are $49.99 or less.

GOT BAG and its suppliers continually upgrade and revise their products and service offerings to provide you with new products and services. GOT BAG may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice. GOT BAG reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. Some items may be backordered or unavailable even if the Sites indicate that they are in-stock and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address. 

Additionally, many products displayed on our Sites are also available in retail stores (check store locator) while supplies last, but you should not assume that what you see on the Sites can always be seen in our partner stores. Prices displayed on the Sites may vary from those in the store or from store-advertised prices.

SECTION 6 - PRODUCT DESCRIPTIONS / PRICING / ERRORS

GOT BAG attempts to be as accurate as possible and eliminate errors on the Sites. However, we do not warrant that product descriptions, photographs, pricing or other content on the Sites are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by GOT BAG is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Sites, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

SECTION 7 - WHO WE SELL TO

GOT BAG sells products only to adults. If you are under 18, you may use our Sites and make a purchase only with involvement of a parent or guardian. GOT BAG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

SECTION 8 - WARRANTIES

All of our products come with a 2-year warranty. Except as expressly set forth in these written warranties, GOT BAG makes no other warranties for its products and disclaims all other warranties, express or implied.

SECTION 9 - LIMITATION OF LIABILITY

In no event shall GOT BAG, its directors, members, employees or agents be liable for any lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, arising out of or in any way connected with any purchase made on the Sites. To the full extent permitted by law, GOT BAG’s liability shall be limited to the amount actually paid for the purchase of products from this site.

However, the foregoing limitation of liability provisions shall not apply to the extent that any claims, damages, costs or expenses are the result of GOT BAG’s own negligence, fraud, willful injury or willful violation of law.

SECTION 10 - DISPUTE RESOLUTION

Any dispute or claim between you and GOT BAG, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase relating in any way to or arising in any way from your purchase of product from GOT BAG, any products sold by GOT BAG or through the Sites, or these terms of sale (including their interpretation, validity, termination or breach) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The federal arbitration act and federal arbitration law apply to this agreement. The arbitrator shall 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 sale is void, voidable or otherwise invalid. 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 terms of sale as a court would. 

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to GOT BAG at:

GOT BAG LLC
Attn: General Counsel
5305 River Rd N STE B
97303 Keizer, Oregon

You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. Such arbitration shall proceed either in the county in which you reside or Marion County, Oregon. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. 

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA or JAMS rules, and the right to certain remedies and forms of relief. Other rights that you or GOT BAG would have in court also may not be available in arbitration.

SECTION 11 - APPLICABLE LAW AND VENUE

These Terms of Sale and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Terms of Sale shall be filed only in the state and federal courts located in Marion County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.

SECTION 12 - SEVERABILITY

If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.

SECTION 13 - QUESTIONS & CONTACT INFORMATION

Questions or comments about the Sites or these Sales Terms may be directed to GOT BAG via mail to support@got-bag.com or to GOT BAG at:

GOT BAG LLC
Attn: Legal Department
5305 River Rd N STE B
97303 Keizer, Oregon

SECTION 14 - CUSTOMER SERVICE

GOT BAG is committed to providing exceptional customer service and quality products. Standard dispatch timeframes are between 1–3 business days. If you have any questions or concerns about a product, your order, or life in general, email our support team at hello-us@got-bag.com.

SECTION 15 - LAST UPDATE

If we decide to change our Terms of Sale, we will update the Terms of Services modification date below. This policy was last modified on 09/06/2020.

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