WELCOME TO DONGS ‘N BONGS! This Membership Agreement is between You (hereinafter, the “Member”, or “You”) and Dongs ‘N Bongs, LLC, an Iowa limited liability company (hereinafter, “Dongs ‘N Bongs”, “we”, or “us”). By registering as a member on our website and using our services, you agree that you have read, understand and accept, without limitation or qualification, all of the terms and conditions of this Membership Agreement and all policies and additional terms posted on our sites, applications and services.
This Membership Agreement contains provisions governing claims and dispute resolution, including an agreement to arbitrate disputes. Take notice and govern yourself accordingly.
ABOUT DONGS ‘N BONGS.
Dongs ‘N Bongs is a dynamic online shopping site created to provide our members with excellent deals. Our product listings are available for purchase 24/7, allowing members to shop at their convenience.
SITE CONTENT.
The Dongs ‘N Bongs website (the “Site”) may include information, communications, software, logos, graphics, music, sounds, images, descriptions, specifications, and other materials and services (the “Content”), which Dongs ‘N Bongs, our Partners or Affiliates provide. You hereby acknowledge and agree that the Content is under protection by intellectual property and proprietary rights, and agree not to copy, modify, reproduce, display, redistribute, or retransmit the Content.
While we try to offer reliable product information (including images, descriptions and specifications), we do not guarantee that the information provided on our site will always be available, accurate, complete and up-to-date. You agree that You will not hold us liable for inaccuracies.
The name “Dongs ‘N Bongs” and other Dongs ‘N Bongs marks, logos, designs and phrases that we use in connection with our site and services are trademarks, service marks and trade dress of Dongs ‘N Bongs, LLC, and they may not be used without our prior express written consent.
Your access to the Dongs ‘N Bongs Site, its content and services is provided “As Is” and without any warranty or condition, express or implied. To the full extent permissible by law, Dongs ‘N Bongs specifically disclaims the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Dongs ‘N Bongs does not guarantee continuous, uninterrupted or secure access to its Site and services, nor does Dongs ‘N Bongs guarantee the accuracy or completeness of any information on its Site or the results of Your use of the Site.
REGISTRATION WITH DONGS ‘N BONGS.
To purchase items on the Dongs ‘N Bongs website (the “Site”), purchase products on the Site, or use other services offered on the Site, You must first register as a Member and provide us with certain information, including but not limited to:
- your full legal name;
- mailing address;
- email address;
- phone number;
- a unique Member ID and password; and
- valid credit card information.
You are solely responsible for and bear the risk of use of the unique Member ID and password assigned to You, whether or not You have authorized such use, and Dongs ‘N Bongs is not responsible for controlling or monitoring the use of your Member ID and password. You hereby agree that you shall take all necessary actions to maintain the confidentiality of your Member ID and password.
Dongs ‘N Bongs shall save credit card information provided by You when You complete the Membership Registration. Such stored credit card information shall be used as Your default payment method for future transactions with Dongs ‘N Bongs. At any time, You may update Your credit card information or enter new credit card information, at which point the new information shall be stored as Your default payment method. You are responsible for maintaining the accuracy of information we have on file. You shall only provide Dongs ‘N Bongs with credit card information that You are authorized to use.
PRIVACY POLICY.
Dongs ‘N Bongs will only use and disclose Your information in accordance with the terms of this Membership Agreement and our current Privacy Policy, available by clicking HERE. By signing this Membership Agreement, you warrant and represent that you have read and agree to the terms of the Privacy Policy.
MEMBERSHIP TYPES. MEMBERSHIP FEES.
Dongs ‘N Bongs requires a Basic Membership
- BASIC MEMBERSHIP: Basic Membership is FREE! Basic Membership benefits include:
- Free, Unlimited purchases
- No Buyer’s Premiums;
MEMBER RULES. (Applicable to all Members)
When using our Site and services, You agree that:
- You must register on our Site by completing the Membership Registration with accurate and verifiable information.
- You are a real person, being of at least Twenty-one (21) years of age and able to enter into a legally binding contract.
- Each order You place is irrevocable. If you place an order, You agree to pay for the item you ordered (plus applicable shipping charges, if applicable).
- You are responsible for reading the full item listing prior to purchasing.
- You may not transfer or otherwise provide your Member ID and password to any third party without the prior written consent of Dongs ‘N Bongs.
- You must comply with all laws and regulations applicable to the purchase of any items and their later use, transfer, transport or resale.
- You are solely responsible for any and all purchases made from Your account.
- You shall ensure that Dongs ‘N Bongs is provided with Your current and valid credit card information at all times.
- You shall not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Site or services for any purpose.
- You will not interfere with the proper function of our Site or services.
- You will not infringe upon the intellectual property rights of Dongs ‘N Bongs, our Partners or our Affiliates.
PAYMENTS.
WHEN YOU PLACE AN ORDER, YOU ENTER INTO A LEGAL CONTRACT WITH DONGS ‘N BONGS TO PURCHASE THE LISTED ITEM. ALL PURCHASES ARE NON-REFUNDABLE AND NON-CHANGEABLE.
If you purchase an item, You agree to make payment for the total transaction, including any taxes and shipping fees specified in the listing, according to the payment terms specified in the particular product listing. You are responsible to pay for the item you bought within 24 hours. Unless otherwise written in the item listing, all charges will be against the credit card set as Your default payment. You hereby pre-authorize such payment to Dongs ‘N Bongs; and further agree that any such payment shall be treated the same as if it were signed personally by You.
ANY MEMBER THAT FAILS TO COMPLETE A TRANSACTION AS DESCRIBED HEREIN SHALL LOSE THE ABILITY TO PURCHASE ITEM(S) AND MAY, AT THE SOLE DISCRETION OF DONGS ‘N BONGS, HAVE SUCH MEMBER’S MEMBERSHIP RESTRICTED OR TERMINATED.
LINKS TO PARTNER SITES.
The Dongs ‘N Bongs Site may contain links to the websites of our various Partners and Affiliates, which independent third parties own and operate. We provide these links as a convenience to You. We are not responsible for the content of any such linked site.
DISCLAIMER OF WARRANTIES.
UNLESS EXPRESSLY STATED IN WRITING IN AN ITEM LISTING, DONGS ‘N BONGS DISCLAIMS TO THE GREATEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO ANY ITEM LISTED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE ITEM IS FREE FROM LATENT DEFECTS.
You must direct any and all warranty claims to the manufacturer. We note that specific warranty limitations and conditions may apply to each particular item listed on the Site. These are set by the item’s manufacturer and may be available on the manufacturer’s website. You hereby agree to direct all warranty claims to the manufacturer; and release Dongs ‘N Bongs from any liability regarding the warranty of any item purchased on the Site.
RELEASE; INDEMNITY.
You agree to indemnify and hold Dongs ‘N Bongs and our subsidiaries, officers, directors, agents and employees harmless from any damages, losses, claims or demands (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, reasonable attorneys’ fees, costs, intangible losses, or any special, indirect, incidental, consequential or punitive damages) due to or arising out of:
- any breach by You of the terms of this Membership Agreement;
- Your use of or inability to use the Dongs ‘N Bongs Site or services;
- the use, by You or others, of any item purchased by You; or
- any dispute between You and a manufacturer, including claims relating to items sold on our Site.
You hereby release Dongs ‘N Bongs and our subsidiaries, officers, directors, agents and employees from damages, losses, claims and demands of every kind and nature, whether now known or unknown, arising out of or in connection with subparagraph a through d, above.
Not withstanding the foregoing, if Dongs ‘N Bongs is liable for any reason, You hereby acknowledge and agree that our liability to You or to any third party has a limit to the sum of the order plus any applicable tax and shipping charges that were actually paid by You for the item that is a part of the dispute.
LEGAL DISPUTES; ARBITRATION.
You hereby agree that the laws of the State of Iowa, without regard to principles of conflict laws, will govern this Membership Agreement and any claim or dispute arising under this Membership Agreement.
You agree that any and all disputes or claims arising between You and Dongs ‘N Bongs that relate in any way to this Membership Agreement, Your use of the Site or Services shall be resolved exclusively through binding arbitration. The American Arbitration Association (“AAA”) will conduct the arbitration under its particular rules and procedures.
The party seeking arbitration must first send written notice of dispute to the other by email and by certified mail. Certified mail to Member shall be sent to the mailing address You provided to Dongs ‘N Bongs with your Member Registration, or such updated mailing address as you may have later specified. Certified mail to Dongs ‘N Bongs shall be sent to: Dongs ‘N Bongs, PO Box 434, Cedar Falls, IA 50613. The notice of dispute must include a description of the nature of the claim and basis that the party is asserting for the relief being sought.
If You and Dongs ‘N Bongs are unable to resolve the claim described in the notice within 30 days, You or Dongs ‘N Bongs may then initiate arbitration proceedings. A form for initiating arbitration proceedings is available at www.adr.org. Any arbitration hearing shall be in Black Hawk County, Iowa, and the arbitrator’s decision shall be final and binding upon the parties, and may be a judgment in any court of competent jurisdiction.
TERMINATION.
Your Membership with Dongs ‘N Bongs and the terms of this Membership Agreement shall remain in full force and effect until terminated, either by You or Dongs ‘N Bongs. If, at any time, You experience dissatisfaction with the terms and conditions set forth herein, You may terminate Your membership and discontinue use of our Site and services.
Dongs ‘N Bongs may terminate Your Membership or restrict Your use of the Site and/or services at any time and without notice if you violate any of the terms of this Membership Agreement or any other policies or terms posted on the Site.
SEVERABILITY.
If any provision of this Member Agreement shall be held invalid, void or unenforceable for any reason, such provision shall be struck and shall not affect the validity and enforceability of the remaining provisions.
HEADINGS.
Headings used in this Member Agreement are for reference purposes only.
WAIVER.
Our failure to exercise or enforce any right or provision of this Member Agreement with respect to any breach by You or other Members does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
NOTICES.
Except as otherwise stated herein, any notices under this Member Agreement shall be provided by email to Dongs ‘N Bongs at our Customer Support email address (enter address here), and to You at the email address You provided to Dongs ‘N Bongs with your Member Registration, or such updated email address as you may have later specified.
AMENDMENT.
Dongs ‘N Bongs may amend this Member Agreement at any time by posting the amended terms on our Site. This right to amend the Member Agreement includes our right to modify, add to or remove terms in the Member Agreement. Your continued use of our Site and services constitutes your acceptance of such amended terms.
ENTIRE AGREEMENT.
This Membership Agreement and all other terms and conditions referenced herein and through our Site set forth the entire understanding and agreement between You and Dongs ‘N Bongs. This Membership Agreement supersedes all prior understandings and agreements between the parties.
