These Terms of Use are effective on: July 4th, 2016.
1. Introduction
Welcome to the Bootniks website and/or Bootniks mobile application (together, “the Site”). By accessing or using the Site, you agree to be bound by the terms of use set forth in this agreement (the “Agreement”). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they are incorporated into this Agreement by reference. These Terms of Use affect your legal rights and obligations. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to be bound by all of these Terms of Use, do not access or use the Site. We reserve the right to change this Site and this Agreement at any time.
2. Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it, including its products, unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
We may assign you a password and account identification to enable you to access and use certain portions of the Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
3. Returns and Refund Policy
If you are not entirely satisfied with your purchase, you can return the product and receive a full refund or exchange the product for another one, be it similar or not, of equal value. You can return a product for up to 30 calendar days from the date you purchased it. Any product you return must be in the same condition you received it.
If you prefer a refund, you will be refunded within 30 calendar days in the same manner used for the purchase.
Please review our Return Policy to understand our policy and practices.
4. Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party.
You shall 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 Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
5. Blog and Commenting Submission Rules
By submitting content to us, you consent to the following rules:
A. You certify that you are at least 18 years of age.
B. You agree that you are solely responsible for your content and any consequences of their posting, and that you either have all legal rights to the content you are submitting or you have consent to post from anyone who has contributed to the submission. Parents or legal guardians are solely responsible for submissions of their children.
C. You agree that we are not responsible for any submissions, including any content linked to from the submission. You understand that we have the right, but no obligation, to monitor submissions, that we may remove content that we deem inappropriate for any reason without consent; and that we may remove a user’s privilege to post content on our site.
D. You agree not to submit content that:
1) advertises a business or solicits business;
2) infringes upon or violates any copyrights, trademarks or other intellectual property rights;
3) is libelous or defamatory;
4) is obscene, pornographic, or sexually explicit;
5) violates a person’s right to privacy;
6) violates any local, state, national, or international law;
7) contains or advocates illegal or violent acts;
8) degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual
preference, disability, or other classification;
9) is predatory, hateful, or intended to intimidate or harass; or
10) misrepresents your identity or affiliation.
E. You grant us a royalty free, irrevocable, perpetual, worldwide, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit your submission, in whole or in part in any form, media or technology now known or later developed.
F. You understand that we reserve the right to change these Rules or to modify or discontinue, temporarily or permanently, any site features at any time without notice to you, and you agree to be bound by such changes. Any changes shall apply as soon as they are made. You agree that we shall not be liable to you or any third party for any reason, including modification, suspension or discontinuance of any site feature.
G. You acknowledge and agree that any use and/or reliance on any information is at your own risk. We are not endorsing the content of any submissions and cannot vouch for their reliability.
H. OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION AVAILABLE THROUGH THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS.
6. Intellectual Property
The Site and all of its original content are the sole property of Bootniks and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
7. Privacy Policy
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.
8. Risk of Loss; Other Terms of Sale
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale. We do not take title to returned items until the item arrives at our office/fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
9. Termination and Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
10. International Access
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
11. Disclaimer and Limitation of Liability
We are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data that may be in any way related to our site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies.
12. Indemnification
You agree to indemnify and hold us harmless as well as our directors, officers, managers, employees and independent contractors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Rules. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.
13. Copyright Complaints
We require users to respect the copyrights of others, and we respect those rights. If you are a copyright owner or agent thereof and believe that a submission to our blog or content elsewhere on our site infringes upon your copyright, please submit Notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to customerservice@bootniks.com with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached as follows:
By mail: Bootniks / Attn: Copyright Agent / 611 Druid Road E., Suite 703/ Clearwater, FL 33756
By phone: (727)442-4004
By email: customerservice@bootniks.com
It is the policy of bootniks.com to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”)
14. 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, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We 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, we shall immediately issue a credit to your credit card account in the amount of the charge.
15. Links to Other Website
Our site does contain links to other websites and online resources that are not owned or controlled by Bootniks. Bootniks has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.
16. Governing Law
By using the Site, you agree that the Federal Arbitration Act, applicable federal laws and the laws of Florida, United States, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.
17. Disputes
Any dispute or claim relating in any way to your use of the Site, or to any products sold or distributed by us will be resolved by binding arbitration before a single arbitrator, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Legal Department, at 611 Druid Road E., Suite #703, Clearwater, FL 33756. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state/county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
18. Changes to This Agreement
Bootniks reserves the right to modify these Terms of Use at any time. We do so by posting and drawing attention to the updated terms on the Site. Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the Site immediately.
20. Severability
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
21. Contact Us
If you have any questions about this Agreement, please feel free to contact us at customerservice@bootniks.com.