Welcome to the Yogibo Website. These Terms of Use will govern your access to and use of this Website. PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE ACCESS TO OR USE OF THIS SITE OR DIRECT PURCHASE FROM YOGIBO AND/OR ANY OF YOGIBO’s AFFILIATES CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE. These Terms of Use were last updated on August 28, 2009. Yogibo LLC (“Yogibo”) reserves the right to change these Terms of Use at any time, and you should check these Terms on each visit to this Website. Access to or use of this Website constitutes acceptance of the most recent version of the Terms of Use.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the company's terms and conditions. “Yogibo LLC”, “Yogibo”, "The Company', "Ourselves", "We" and "Us' , refers to our Company. "Party", "Parties", or "Us", refer to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of selling and assisting the Client in the most appropriate manner, whether by formal sales process, customer service or any other means, for the purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing New Hampshire (USA) Law. Any use of the above terminology or other words in the singular, plural. Capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 Privacy Statement

We will make all efforts to protect your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will maintain strict policy against selling, lending or renting any personally identifiable information provided by customers on the company website. We will ensure that personally identifiable information is used only with customers’ prior knowledge and consent, and only to properly fulfill your order.

1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE YOGIBO WEBSITE AND THE CONTENT MADE AVAILABLE ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOGIBO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF CONTENT AVAILABLE THROUGH THIS WEBSITE, OR AS TO THE USE OF THIS WEBSITE BEING UNINTERRUPTED OR ERROR-FREE. You are responsible for all risk for your access and use of this Website, including without limitation, for taking all precautions necessary in the use of Yogibo products and any other potentially hazardous materials sold by Yogibo as Styrofoam beads etc. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

2. Restriction of use under 18 years of age

The use and/or the purchase of products UNDER 18 years of age is strictly restricted.

3. Limitation of Liability

 Warning: CHILDREN SHOULD BE SUPERVISED AT ALL TIME AND SHOULD NOT BE LET OPEN ANY ZIPPERS. THE STYROFOAM BEADS IN THE INTERNAL BAG ARE HAZARDOUS AND CAN CAUSE SUFFOCATION. ONLY ADULTS SHOULD BE ALLOWED TO OPEN INTERNAL BAG ZIPPERS FOR RE-FILLING PURPOSES.
To the maximum extent permitted by applicable law, under no circumstances will Yogibo, or any person or entity associated with Yogibo, be liable for any losses, expenses or damages whatsoever, whether in contract, tort (including without limitation, negligence) or otherwise, including without limitation reasonable attorneys’ fees (“Damages”) from the use of, inability to use, or reliance on, or any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, destruction or unauthorized access to, or alteration of, the Yogibo Website or its content, including without limitation, any liability for Damages to your computer hardware, data, information or business and any liability for special or consequential Damages, even if Yogibo or an Yogibo authorized representative has been advised of the possibility of such Damages.
In no event will Yogibo’s total liability to you for Damages exceed the amount you paid, if any, for accessing the Yogibo Website. If you live in a state that does not allow the limitation or exclusion of liability or damages, the above limitation or exclusion may not apply to you. All claims and representations presented in the Yogibo Website are intended to be forward-looking and are qualified by important factors. YOGIBO LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS PRODUCTS OR PERSONAL FITNESS OF USE AS ADVERTISED ON THIS SITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

 4. Notices

By using this website, placing of an order or submitting of a purchase order implies acceptance of all customer service policies and terms and conditions of the company. Under no circumstance will our company, its subsidiaries or employees be liable for damages of any kind arising from the use of this website including, but not limited to direct, indirect, incidental, punitive and consequential damages. We reserve the right to make changes to our site, pricing and any information, customer service policies and terms and conditions at any time. In addition, we will not be bound to any prices posted in error or responsible for discontinued or unavailable items or typographical errors. We also reserve the right to refuse service or fulfillment of an order, should circumstances warrant. Unless otherwise specified, everything on our website is the property of Yogibo LLC.

5. Digital Millennium Copyright Act Notice

Yogibo respects the intellectual property of others. Yogibo may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others.
If you believe that your work has been copied and is accessible at this Website in a way that constitutes copyright infringement, or that this Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C.512.
Our agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows: info@Yogibo.com

6. Applicable Law

This site is created and controlled by Yogibo LLC and is governed by the laws of New Hampshire including these disclaimers, terms and conditions. We reserve the right to make changes to this site or the disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction in the courts of the State of New Hampshire and of the United States of America for any litigation arising out of or relating to the use of products purchased through us.

7. Severability

If any provision of these Terms of Use is determined to be illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and removed from these Terms of Use, and the remaining provisions will remain in full force and effect.

8. Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so on your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

9. Links from this website

We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or contents of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites, you should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal in formation.

10. Shipping Charges, Taxes

We are processing orders within 2-3 business days. Deliveries to Customers may take from 5 to 10 business days,  depend on the shipping location.  We are currently shipping the Yogi Max within New England USA but can ship within the 50 states in the US and Canada with special arrangements. As the Yogi Max products are oversized call for shipment charges out of New England USA.

Separate charges for shipping and handling will be shown on Yogobo's invoice(s). Unless Customer provides Yogobo with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Yogibo’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on Yogibo’s invoice.

 11. Returns

All returns should be made within 14 days from the day of delivery. There will be no returns after 14 days from the day of delivery. You must get an RMA number in order for us to credit your account. ALL RETURNS MUST BE PROPERLY AND SAFELY PACKED TO ENSURE PRODUCTS WILL ARRIVE IN TACT. SLOPPY SHIPPING MAY CAUSE DAMAGE TO THE PRODUCTS AND WE MAY NOT BE ABLE TO CREDIT YOU IN SUCH CASE. You will be responsible for the return shipping cost. Refund will be the original product cost without shipping charges less 25% re-stocking fee. 

For RMA and return shipping address please e-mail request to CS@yogibo.com. Please repackage the products securely. Be sure to include inside the package a copy of your sales record and a note describing the problem with the item and the RMA number. RMA should be visible outside on the returned package. Failure to return with RMA number and sales record will incur no refunds. We will not accept any returns without authorization and package will be refused, and you will incur charges by the carrier for the freight in both directions.

12. Warrantees and Defective Merchandise

A 12 months warranty is granted for the zipper and seams of all Yogibo products.
Please contact our Customer Service Department 10:00AM - 6:00 PM EST, Monday - Friday, at 877.YOGIBO.6 or email to CS@Yogibo.com Please have your order number when you call.

13. Force Majeure

We shall not be liable for any failure to perform any obligation which is due to an event beyond of our control including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventually outside of our control, which causes the termination of obligations entered into, nor which could have been reasonably foreseen. We will make utmost efforts to notify you when such failure happens.

14. General Terms

Yogibo reserves the right to change these Terms of Use or the Website content and to discontinue Website availability at any time without notice. If any provision of these Terms of Use is determined to be invalid by any court having competent jurisdiction, the other provisions will remain in full force and effect and the invalid provision shall be interpreted to the fullest extent permitted by law. The laws of the State of New Hampshire and the federal laws of the United States will exclusively govern these Terms of Use. You agree that the only proper venue for any dispute will be a federal or state court located within the State of New Hampshire, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such dispute. THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW. Sections 1-8 will survive any termination of these Terms of Use. You agree to hold Yogibo and its licensors harmless from all losses, expenses and damages, including without limitation reasonable attorneys’ fees, resulting from or relating to any information you provide or your violation of these Terms of Use or the Privacy Statement. These Terms of Use are the sole agreement between you and Yogibo relating to the subject matter herein.

© Yogibo LLC 2009 All Rights Reserved