EFFECTIVE DATE: March 18, 2019
Boone’s Bay, LLC d/b/a Boone’s Bay (“We” or “Boone’s Bay”) operates the website located at www.boonesbay.com (the “Website”). This Agreement governs your use of the Website and your purchase of any products from Boone’s Bay (the “Products”).
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES BETWEEN YOU AND BOONE’S BAY, EXCEPT AS SPECIFIED BELOW. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE WEBSITE OR BUYING ANY BOONE’S BAY PRODUCT.
By accessing or using the Website, you represent to Boone’s Bay that you are at least eighteen (18) years old or the legal age of majority where you live, and that you agree to these Terms. You agree to abide by all applicable local, state, and national laws and regulations governing your use of the Website. You may use the Website only as permitted by these Terms. You may not use the Website or its Content for any commercial, political, illegal, or inappropriate purpose. If you register for an account on the Website, you may be required to provide an email address, password and additional information. You agree to provide true, current, and complete information (and updates) when giving information to Boone’s Bay through the Website or elsewhere. We may, in our sole discretion, terminate your account and your access to the Website for any or no reason. You agree to assume all responsibility for your use of the Website and all activity occurring through your account. You shall immediately notify Boone’s Bay if you suspect or become aware of any loss, theft, or unauthorized use of your password.
Purchases from Boone’s Bay
All purchases made from Boone’s Bay are subject to our acceptance, to these Terms, and any additional terms and conditions posted on the Website that may govern the purchase of certain Products. We may, in our sole discretion and without liability to you or any third party, refuse to accept any transaction. We may cancel any accepted transaction and refund your payment without further liability. The Website does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. We may, without prior notice, discontinue or change specifications, availability, prices and conditions on Boone’s Bay Products without incurring any obligation to you.
Shipping and Delivery
Boone’s Bay, in its sole discretion, chooses the carrier for each shipment, in its sole discretion unless We agree otherwise.
Boone’s Bay wants you to have the best shopping experience possible. You may need to try Boone’s Bay on and feel how it fits in order to find the Boone’s Bay shirt that is right for you. We will cover the cost of return shipping and issue a full refund on any items that are received without odors, dirt, stains or other signs of wear. Send your order number and details about the return (why it is being returned) to email@example.com to receive a return shipping label. You must request a return within thirty (30) days of receipt of your order. Refunds will be issued once the returned item is received by Boone’s Bay.
Website Content and Ownership
The Website contains materials such as text, images, designs, photographs, videos, audio clips, graphics, button icons, URLs, technology, software, and the overall arrangement or “look and feel” of such materials, as well as trademarks, logos, and service marks that are owned, licensed or controlled by either Boone’s Bay, its licensors, licensees or other third parties (collectively the “Content”). All right, title, interest in and to the Website and its Content are the property of Boone’s Bay, its licensors, licensees or other third parties and are protected by United States and international copyright, trademark, trade dress, patent and/or other intellectual property rights and laws. By using the Website, you will not obtain any ownership or other interest in the Content. Subject to your agreement and compliance with this Agreement, Boone’s Bay grants you a limited, non-exclusive, non-assignable, revocable license to access, display, view, and use the Content for your own personal, non-commercial use only.
By posting or submitting for posting on the Website any content, including comments and product reviews (“User-Generated Content”), you grant to Boone’s Bay a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Boone’s Bay the license specified above. Boone’s Bay may use any User-Generated Content without incurring any obligation of confidentiality, attribution or compensation to you.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
BOONE’S BAY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR THAT (4) THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Dispute Resolution by Binding Arbitration and Class Action Waiver
No arbitration under this Agreement may be joined to an arbitration involving any other party, whether through a private attorney general proceeding, class action, mass action, class arbitration, mass arbitration, or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the Website to opt out of arbitration. To opt out, you must give us clear notice in writing at firstname.lastname@example.org of your decision to opt out of arbitration. If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to any Dispute relating to that product. If more than thirty (30) days have passed from the date that you provide information to the Website, you are not eligible to opt out of arbitration with respect to any Dispute relating to the Website or its Content.
Links to Third Party Websites
The Website may include links to third-party websites, such advertisers, sponsors and content partners. Including a link on the Website does not imply Boone’s Bay’s endorsement of the third party, its products or its services. Boone’s Bay expressly disclaims any responsibility for the content, materials, accuracy, or quality of the products or services provided by, available through, or advertised on third-party websites.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Boone’s Bay to accept these Terms, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction that require a non-electronic signature or delivery or retention of non- electronic records.
California Proposition 65
We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California about exposures to certain chemicals. WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.