TERMS OF USE AGREEMENT

 

The use of BoobieShack.com is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of BoobieShack.com indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your purchase submitted to boobieshack.com indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any order placed, whether or not such terms or conditions are signed by Boobie Shack LLC. Boobie Shack reserves the right to make changes to this site and these terms and conditions at any time.

 

Copyright and Trademark Notice

This site is owned and operated by Boobie Shack LLC. Unless otherwise specified, all materials appearing on this site, including design, logos, photography, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Boobie Shack LLC, Copyright © 2010-2015, ALL RIGHTS RESERVED. All software used on the site is the sole property of Boobie Shack LLC or those supplying the software. You may use the content of this site for the sole purpose of shopping on this site or placing an order on this site and for no other purpose. 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.

 

Disclaimer and Limitation of Liability as to Products Sold

All of Boobie Shack’s products are guaranteed against defects for 30 days from the date of the invoice. Boobie Shack LLC makes no representations or warranties, either express or implied, of any kind with respect to products sold on the BoobieShack.com site except as expressly stated herein. Except as expressly stated herein, Boobie Shack LLC expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Boobie Shack LLC arising from any product sold on the BoobieShack.com website shall be the price of the product ordered. In no way and in no event shall Boobie Shack be liable for special, indirect, consequential, or punitive damages related to product sold.

 

Disclaimer and Limitation of Liability as to the BoobieShack.com

The Boobie Shack website and the materials therein are provided “as is.” Boobie Shack LLC makes no representations or warranties, either expressed or implied, of any kind with respect to BoobieShack.com, its operations, contents, information, materials or year 2000 compliance. Boobie Shack LLC expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Boobie Shack LLC shall not be liable for damages arising from the operation, content or use of the BoobieShack.com site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

 

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties, including Instagram. You acknowledge that Boobie Shack LLC is not responsible for the operation of or content located on or through any such site.

 

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Boobie Shack LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Boobie Shack LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Boobie Shack shall immediately issue a credit to your credit card account in the amount of the charge.

 

Order Acceptance Policy

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.

 

Sales Taxes

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.

 

Jurisdiction and Venue

You agree that any legal action brought against Boobie Shack LLC shall be governed by the laws of the State of Hawaii without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on BoobieShack.com shall be an appropriate federal or state court located in Maui County, Hawaii.

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