Terms of Service
Overview
This website is operated by Boomcomeback. Throughout the site, the terms “we”, “us” and “our” refer to Boomcomeback.
Boomcomeback Store provides this website, along with all the information, tools, and services available on this site, to you, the user. Your use of this site is subject to your acceptance of all the terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you are engaging in our “Service” and agreeing to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 – Online store terms
By accepting these Terms of Service, you acknowledge and represent that you have reached the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
You are prohibited from using our products for any illegal or unauthorized purpose. In using our service, you agree not to violate any laws in your jurisdiction, including but not limited to copyright laws.
You are not allowed to transmit any worms or viruses or any other code of a destructive nature.
Any breach or violation of these Terms will result in the immediate termination of your access to our Services.
Section 2 – General conditions
We retain the right to decline service to anyone for any reason, at any time.
You acknowledge that your content, excluding credit card information, may be transmitted unencrypted over various networks and may need to be modified to comply with technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the service is provided without our express written permission.
The headings in this agreement are included for convenience purposes only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, completeness and timeliness of information
We cannot be held responsible if the information provided on this site is not accurate, complete, or current. The content on this site is intended for general information purposes only and should not be solely relied upon to make decisions. It is important to consult primary, more accurate, more complete, or more timely sources of information before making any decisions. Any reliance on the material on this site is at your own risk.
This site may contain historical information that may not be current and is provided only for reference purposes. We reserve the right to modify the contents of this site at any time; however, we are not obligated to update any information on our site. You acknowledge and agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the service and prices
Our product prices are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part of it) without notice at any time.
We will not be held liable to you or any third-party for any modifications, price changes, suspensions, or discontinuations of the Service.
Section 5 – Products or services (if applicable)
Some of our products or services may only be available exclusively online through our website. These items may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy.
We have taken great care to accurately display the colors and images of our products on our store. However, we cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Accuracy of billing and account information
We maintain the right to reject any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These limitations may apply to orders placed by or under the same customer account, the same credit card, and/or orders that share the same billing and/or shipping address. If we make changes to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of purchase. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide accurate, complete, and current purchase and account information for all orders placed on our website. You also agree to update your account and other information, including your email address and credit card details and expiration dates, in a timely manner so that we can fulfill your orders and contact you if necessary.
Please review our Returns Policy for more information.
Section 7 – Optional tools
We may grant you access to third-party tools that we neither monitor nor control, and in which we have no input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We are not liable for any damages arising from or related to your use of any optional third-party tools.
Your use of optional tools provided through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Furthermore, we may introduce new services and/or features through the website, including new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Third-party links
Third-party materials, products, and services may be included in the content and services available through our Service.
Links to third-party websites on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party materials, nor do we warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is your responsibility to carefully review the policies and practices of any third-party before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 – User comments, feedback and other submissions
If you provide us with certain specific submissions, such as contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 – Personal information
To access our Privacy Policy, please refer to the relevant link provided on our website. Any personal information that you provide to us through the store is subject to the terms and conditions outlined in our Privacy Policy. It is important that you read and understand the policy before submitting any personal information to us. By using our website and providing us with your personal information, you are indicating that you have read and agree to the terms of our Privacy Policy.
Section 11 – Errors, inaccuracies and omissions
From time to time, our site or Service may contain information that includes 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 in the Service or on any related website is inaccurate at any time without prior notice, even after you have placed your order.
Please note that we have no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. The date of the last update or refresh displayed on the Service or any related website does not indicate that all information in the Service or on any related website has been modified or updated.
Section 12 – Prohibited uses
The site and its content are subject to certain prohibitions as outlined in the Terms of Service, and you are not permitted to: (a) use them for any unlawful purpose; (b) solicit others to participate in unlawful acts; (c) violate any regulations, rules, laws, or ordinances; (d) infringe on our intellectual property rights or the intellectual property rights of others; (e) engage in any behavior that is harassing, abusive, insulting, harmful, defamatory, slanderous, disparaging, intimidating, or discriminatory based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) provide false or misleading information; (g) upload or transmit any viruses or malicious code that could interfere with the functionality or operation of the Service or any related website, other websites, or the Internet; (h) collect or track the personal information of others; (i) engage in spam, phishing, phishing, pretexting, spidering, crawling, or scraping; (j) use the Service or any related website for any obscene or immoral purpose; or (k) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Violating any of these prohibited uses may result in termination of your use of the Service or any related website. We reserve the right to take action against any violators.
Section 13 – Disclaimer of warranties; limitation of liability
We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Additionally, we do not warrant that the results obtained from the use of the service will be accurate or reliable.
You agree that we may, from time to time, remove the service for indefinite periods of time or cancel the service at any time without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service, all products and services delivered to you through the service (except as expressly stated by us), are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Boomcomeback Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service. This includes any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service. Even if advised of the possibility, we are not liable for any damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 – Indemnification
You agree to defend, indemnify and hold Boomcomeback Store and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claims, demands, or damages, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 – Severability
If any provision of these Terms of Service is deemed to be unlawful, void, or unenforceable, the remaining provisions shall continue to be fully enforceable to the fullest extent permitted by applicable law. The unenforceable portion of the provision shall be considered severed from these Terms of Service, and such determination shall not affect the validity or enforceability of any other remaining provisions.
Section 16 – Termination
Any obligations and liabilities of the parties that were incurred before the termination date shall remain valid and enforceable even after the termination of this agreement.
These Terms of Service will remain in effect until either party terminates them. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by discontinuing the use of our site.
We may terminate this agreement at any time without notice if we determine, in our sole discretion, that you have failed to comply with any term or provision of these Terms of Service or if we suspect that you have done so. If we terminate this agreement, you will still be responsible for any outstanding amounts up to and including the date of termination, and we may also deny you access to our Services or any part thereof.
Section 17 – Entire agreement
We reserve the right to not enforce or exercise any right or provision in these Terms of Service, and such actions do not waive our rights to enforce such provisions in the future.
These Terms of Service, along with any policies or operating rules we post on this site or in relation to The Service, constitute the entire agreement between you and us, governing your use of the Service and replacing any prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and us (including, but not limited to, any previous versions of the Terms of Service).
Any uncertainties in the interpretation of these Terms of Service shall not be interpreted against the party responsible for drafting them.
Section 18 – Governing law
These Terms of Service, as well as any separate agreements through which we provide Services to you, shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate, without giving effect to any principles of conflicts of law.
Section 19 – Changes to terms of service
You may access the most recent version of the Terms of Service on this page at any time.
We retain the right, at our sole discretion, to modify, replace, or update any portion of these Terms of Service by posting revisions or modifications on our website. It is your responsibility to regularly review our website for any changes. By continuing to use or access our website or services after any modifications to these Terms of Service, you acknowledge and accept such revisions.
Section 20 – Contact information
If you have any questions about these Terms of Service, you may contact us by clicking on the “Contact” link located in the footer of our website or by sending an email to the address provided on our website.
From: Boomcomeback