Terms & Conditions
Boobie Shack LLC ("BoobieShack.com") advises you to review the following policies, terms and conditions that govern the use of our Site (the "Agreement"). Please read them carefully. Your use of BoobieShack.com constitutes your agreement to follow and be bound by this Agreement. Boobie Shack LLC may revise this Agreement, the website and its content at any time without notice and all such revisions are effectively immediately upon posting and apply to all access to and continued use of the our Site.
This site is owned and operated by Boobie Shack LLC. Unless otherwise noted, all materials, including images, designs, logos, icons, photographs, illustrations, graphics, and written and other materials that appear this Site, as well as the selection, assembly and arrangement thereof (collectively, the "Contents"), are the sole property of Boobie Shack LLC, copyright © 2010-2022, ALL RIGHTS RESERVED. No materials, photography, products, designs or logos from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Boobie Shack LLC. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Boobie Shack is a registered trademark, trademarks or service marks of Boobie Shack LLC. All custom photography, graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Boobie Shack, LLC. All other trademarks or service marks are property of their respective owners. The use of any Boobie Shack trademark, including the boobie bird logo, or service mark without the express written consent of Boobie Shack LLC is strictly prohibited.
Use of Content
This Site and all its Contents are intended solely for personal use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents or the Site.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Boobie Shack LLC reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment in the form of a credit card. We may require additional verifications or information before accepting any online order. Boobie Shack is a product producer who sells to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Boobie Shack.
Boobie Shack LLC shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Hawaii. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. Orders shipping to international addresses will be charged the applicable taxes and duties.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Boobie Shack LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Boobie Shack LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If you credit card has been charged for the purchase and your order is canceled, Boobie Shack will immediately issue a credit to your credit card account in the amount of the charge.
Boobie Shack makes every effort to display our products and their colors as accurately as possible. However, colors of the products depend on the computer monitor and hardware of the user, and we cannot guarantee that such a monitor or hardware will accurately display the colors of the products.
BoobieShack.com and the materials therein are provided "as is" without representations or warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Boobie Shack LLC shall not be liable or responsible for any damages arising from the operation, content or use of BoobieShack.com. You further acknowledge that BoobieShack.com shall not be liable for any damages of any kind related to your use of this site, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
All of BoobieShack's products are guaranteed against defects for 30 days from the date of invoice. Boobie Shack LLC makes no representations or warranties of any kind, either express or implied, with respect to products sold on BoobieShack.com except as expressly stated herein. You agree that the sole and exclusive maximum liability to Boobie Shack LLC arising from any product sold on BoobieShack.com shall be the price of the product ordered. In no way and in no event shall Boobie Shack LLC be liable for special, indirect consequential or punitive damages related to product sold.
BoobieShack.com may contain links to other websites that are owned and operated by third parties, including Instagram. These links are included on our Site for your convenience and Boobie Shack LLC makes no representation or warranties with regard to the material on these websites or the suitability, safety or accuracy of any materials on such website. Boobie Shack LLC has no responsibility for the operation of or contents, products and services offered by any such site.
You agree to defend, indemnify, and hold harmless Boobie Shack, and any of our parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including all reasonable court costs and attorneys' fees, which result from any violation of these Terms or any use of the Site including, but not limited to, third-party sites and content, any use of the Site's content and services other than as expressly authorized in this Agreement or any use of any goods, digital products and information purchased from this Site.
This Site and this Agreement are governed by the laws of the State of Hawaii. Boobie Shack LLC does not guaranty that accessing or using this Site complies with the laws of the jurisdiction in which you are located. It is your responsibility to educated yourself as to the laws of your jurisdiction and act accordingly. By using this Site you are irrevocably consenting to the non-exclusive jurisdiction of the state and federal courts located in the Maui County for purposes of adjudicating any action relating to this Agreement and waive any objection to venue or jurisdiction in such actions.
You understand that the Agreement shall supersede all other, prior or contemporaneous communications between you and us, whether those communications are oral or written. A printed copy of these Terms shall be admissible, under the same conditions and to the same extent as other business documents and records, in a judicial or administrative proceeding that relates to the use of the Site. If any provision of the Agreement is found to be unenforceable, unlawful or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You are responsible for periodically checking this Site for any changes to this Agreement. Boobie Shack LLC may amend, alter or change this Agreement, in our sole discretion, at any time and for any reason, by posting on this Site a revised version of this Agreement. If you continue to use this Site after changes to this Agreement are posted then you consent to being governed by such changes. Failure of Boobie Shack LLC' to enforce or exercise any provision or right of this Agreement shall not constitute or be deemed a waiver of such provision or the right to enforce such provision.
Please contact our customer service team with any questions.