Terms of service

1. Agreement to these terms

These Terms of Service (the “Terms”) are a binding agreement between you and Gofora, LLC, a Michigan limited liability company doing business as Buggsy (“Buggsy,” “we,” “us,” or “our”), covering your use of buggsys.com and any related pages, content, and services (together, the “Site”), and any purchase you make through it.

By placing an order or subscribing to our emails, you accept these Terms in full. If you browse the Site without ordering, sections 9 through 12 — our intellectual property, acceptable use, third-party services, and the disclaimer of warranties about the Site — apply to that use. If you do not accept these Terms, please do not use the Site or buy from us.

2. Who may buy

You must be at least 18 years old, or the age of majority where you live, and able to enter a binding contract. By ordering you confirm that you are, that the payment method is yours to use, and that the information you give us is accurate.

We currently sell only to addresses within the United States. Some jurisdictions regulate the sale of pesticide products, including minimum-risk products, more restrictively than others. We may decline or cancel an order, or restrict shipping to a state or locality, where we are not able to sell lawfully. If we cancel for that reason we refund you in full.

3. The product, and how it must be used

Buggsy is a topical insect repellent intended to help repel mosquitoes and flies. It is a consumer product for personal use.

Always read and follow the product label. The label is the controlling instruction for use. Nothing on this Site, in our emails, or in any answer we give you replaces it or permits a use the label does not.

• Apply only as directed. Do not spray directly at the face; spray onto hands and pat on, avoiding eyes and mouth.
• For children age 3 and up, apply to skin as directed. For children under 3, apply to clothing only, not to skin, and keep away from hands and face.
• Buggsy is formulated for people. Do not apply it to animals.
• Geraniol and citral, from lemongrass, are recognized skin sensitizers for a small number of people. If you have reacted to fragranced products or essential oils before, patch-test on a small area first.
• Discontinue use and seek medical advice if irritation or an allergic reaction occurs.
• Keep out of reach of children when not in use. Store away from heat and direct sunlight.

First aid. If in eyes: rinse cautiously with water for several minutes, remove contact lenses if present and easy to do, then keep rinsing; if irritation persists, consult a physician. If on skin: stop using it and wash with soap and water; if a rash or irritation develops or persists, consult a physician. If swallowed: do not make the person vomit — rinse the mouth, give a glass of water if they can swallow, and call Poison Help at 1-800-222-1222 or a physician straight away. If inhaled: move the person to fresh air. Have the bottle with you when you call, so you can read the ingredients.

A repellent reduces the likelihood of being bitten. It does not create a barrier and cannot guarantee that you will not be bitten. Where insect-borne illness is a concern, or where insect pressure is heavy, use additional measures such as protective clothing, netting, and avoiding peak activity hours, and follow the guidance of public-health authorities.

4. Product claims and regulatory status

Buggsy has not been registered with the U.S. Environmental Protection Agency. Gofora, LLC represents that the product qualifies for the exemption for minimum-risk pesticides under Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act.

We describe the product’s ingredients and their mechanism as accurately as we can, and we distinguish between what has been demonstrated in published research on individual compounds and what has been tested on this specific formulation. Where we have not tested something, we say so rather than implying otherwise. We make no claim that Buggsy prevents, treats, or reduces the risk of any disease, and no statement on this Site should be read that way.

5. Orders, pricing and payment

An order is an offer to buy. We accept it when we ship, and we may decline or cancel any order before then — including for suspected fraud, ordering limits, errors in price or description, or stock we cannot fill. If we cancel an order you have paid for, we refund it in full.

Prices are in U.S. dollars and may change without notice, though a change never affects an order already accepted. We try hard to keep prices, descriptions, and availability accurate; if an obvious error appears, we may correct it and cancel any affected order rather than honor a price that was plainly wrong. Applicable sales tax and shipping are calculated at checkout.

Payment is processed by our payment providers, not by us. We do not receive or store your full card number.

6. Shipping and delivery

Shipping and delivery are governed by our Shipping Policy, returns and refunds by our Returns & Refunds policy, and our handling of personal information by our Privacy Policy. All three are incorporated into these Terms.

If something arrives damaged, faulty, or is not what you ordered, contact us at the number below and we will put it right. Nothing in these Terms limits any right you have under applicable consumer-protection law.

Risk of loss passes to you on delivery to the carrier. Delivery estimates are estimates, not guarantees.

6a. Returns and refunds

Unopened bottles may be returned within 30 days of delivery for a refund of the purchase price. Opened bottles are handled case by case — contact us and we will work it out. Anything damaged, faulty, or not what you ordered is replaced or refunded in full regardless of the 30-day window or whether the bottle was opened. The full terms, including who pays return postage and how refunds are issued, are in our Returns & Refunds policy, which forms part of these Terms.

7. Accounts and communications

If you create an account, you are responsible for its credentials and for activity under it. Tell us promptly if you believe it has been compromised.

By ordering you agree to receive transactional messages about that order. Marketing email is separate and opt-in: you subscribe deliberately and can unsubscribe from any message. Message and data rates may apply to any text messages you opt into, and you can stop them by replying STOP.

8. Reviews and anything you submit

If you submit a review, photograph, comment, or other content, you keep ownership of it and grant us a non-exclusive, royalty-free, worldwide, transferable license to use, reproduce, adapt, publish, and display it in connection with our business, including in marketing. You confirm the content is yours to give, is truthful, reflects your honest experience, and does not infringe anyone’s rights.

We do not pay for reviews, condition any benefit on a review being positive, or suppress reviews because they are unfavorable. We may remove content that is unlawful, abusive, off-topic, or plainly fake. Product reviews shown on the Site are from actual purchasers unless expressly stated otherwise.

9. Our intellectual property

The Site and its contents — text, photography, illustration, layout, code, and the Buggsy name and logo — are owned by Gofora, LLC or its licensors and are protected by intellectual-property law. You may view, download, and print pages for your own non-commercial use. You may not copy, republish, scrape, sell, or create derivative works from the Site or use our marks without our written permission.

10. Acceptable use of the site

You agree not to use the Site to break the law or interfere with its operation. Specifically, do not: access it by automated means without our permission; probe, scan, or test its security; introduce malicious code; attempt to gain unauthorized access to any system or account; place fraudulent orders; misrepresent your identity; or collect other users’ information.

11. Third-party services

The Site runs on third-party infrastructure and may link to third-party sites. We do not control those services and are not responsible for their content, policies, or practices. Their terms and privacy policies apply to your use of them.

12. Disclaimer of warranties

To the fullest extent the law allows, the Site and everything on it are provided “as is” and “as available,” without warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.

This paragraph limits warranties about the Site and the information on it. It does not limit any warranty or remedy you have in the product itself under applicable consumer-protection law, and it does not exclude liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded. Some states do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

13. Limitation of liability

To the fullest extent the law allows, Gofora, LLC and its members, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Site or these Terms, whether in contract, tort, or otherwise, even if we have been advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms or any product bought through the Site will not exceed the greater of the amount you paid us for the product giving rise to the claim, or one hundred U.S. dollars ($100).

These limits do not apply to liability that cannot be limited by law, including liability for death or personal injury however caused — including under any theory of strict or product liability — and liability for fraud or fraudulent misrepresentation, gross negligence, or willful misconduct. Some states do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless Gofora, LLC and its members, officers, employees, and agents from any third-party claim, loss, liability, or expense (including reasonable legal fees) arising out of content you submit to us, your violation of any law, or your infringement of a third party’s rights. This does not apply to any claim arising from our own negligence or misconduct, and nothing in this section limits any right you have under applicable consumer-protection law.

15. Governing law

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules. Subject to the arbitration section below, the state and federal courts located in Huron County, Michigan have non-exclusive jurisdiction, and you consent to that venue without waiving your right to bring a claim where you live if the law of your state permits it. Nothing here deprives you of the protection of mandatory consumer-protection laws of the state where you live.

16. Dispute resolution and arbitration

Please read this section carefully. It affects how disputes between us are resolved.

Talk to us first

Before starting a formal proceeding, contact us at the address below and describe the problem. We will try in good faith to resolve it within 60 days. Most issues end here.

Individual arbitration

If we cannot resolve it, any dispute arising out of or relating to these Terms or your purchase will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator’s decision may be entered as a judgment in any court with jurisdiction.

We pay the cost. For any claim of $10,000 or less, we will pay the AAA filing fee and the arbitrator’s fees, whichever of us brings the claim. You are never required to pay more to arbitrate than you would to file the same claim in court.

Where and how. Arbitration of a claim of $25,000 or less is conducted by document submission, telephone, or video unless you ask for an in-person hearing. If you do, or for a larger claim, the hearing takes place in the federal judicial district where you live, or anywhere else we both agree. You are not required to travel to Michigan.

Your right to opt out

You may opt out of this arbitration agreement within 30 days of your first purchase by writing to Gofora, LLC, PO Box 122, Bad Axe, MI 48413, or emailing contact@buggsys.com, stating your name, your order number if you have one, and that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not affect your relationship with us in any way.

Exceptions

Either of us may bring an individual claim in small-claims court if it qualifies. Either of us may seek injunctive relief in court to protect intellectual property. Nothing in this section prevents you from reporting a concern to a government agency or from participating in a proceeding brought by one.

No class actions

Claims must be brought individually, not as a plaintiff or class member in any purported class, collective, or representative proceeding, and the arbitrator may not consolidate claims. If this restriction is found unenforceable as to a particular claim, that claim — and only that claim — proceeds in court.

17. Changes to these terms

We may update these Terms. The effective date at the top of this page always shows the current version. A material change takes effect no fewer than 30 days after it is posted, is announced on the Site, and applies only going forward — never to an order already placed. The version in force when you place an order governs that order.

A change to section 16 (dispute resolution and arbitration) does not apply to any dispute of which either of us had notice before the change was posted.

18. General provisions

Entire agreement. These Terms, with the policies they incorporate, are the whole agreement between us about the Site and supersede anything earlier on the same subject.

Severability. If a provision is found unenforceable, it is modified to the minimum extent necessary or severed, and the rest stays in force.

No waiver. If we do not enforce a provision, that is not a waiver of it.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control.

Survival. Sections 8 through 16 survive termination.

19. How to reach us

Gofora, LLC
PO Box 122, Bad Axe, MI 48413
1-989-658-0128
contact@buggsys.com
buggsys.com