Terms and Conditions of Use
Welcome to the Booniez Website (the "Site"). Booniez provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms.
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We may also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers, resellers or distributors. If you do not agree to these terms, please do not use this Site.
Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since Booniez may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.
Occasionally there may be information on Site that contains typographical, photographic, or technical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Booniez 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). Furthermore, we reserve the right to refuse or cancel any order placed for product listed at the incorrect price. While we make every attempt to verify prices before charging you, we shall have the right to refuse or cancel any orders placed on mis-priced product whether or not the order has been confirmed and/or you have been charged. If you have been already charged for the purchase and your order is canceled, we shall immediately issue a credit in the amount of the incorrect price. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase you may return it. Please see our Return Policy for more details.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Booniez. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Booniez.
This Site and all its Contents are intended solely for personal, non-commercial 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. You may not reproduce (except as noted above), 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, the Site or any related software.
User Comments, Feedback, Postcards And Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Booniez on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Booniez' property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Booniez of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Booniez will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Booniez is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Links To Other Web Sites And Services
This Site may contain links to other websites that are not under the control of Booniez. Booniez has no responsibility for the linked websites nor does it necessarily endorse the linked websites. Booniez provides the links solely for the convenience and information of its Site users.
Booniez provides the materials on this site "as is" without 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. Booniez expressly disclaims any duty to update or revise the materials on this site, although Booniez may modify the materials at any time without notice. By your use of the Site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site. You further acknowledge that Booniez shall not be liable for any damages or a ny kind related to your use of the Site.
The advertisement of any product on this Site does not constitute an offer to sell. Your order or 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 reserves the right at any time after receipt of your order to accept or decline your order. We 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, as established by our credit department. We may require additional verifications or information before accepting any order.
You agree to defend, indemnify and hold Booniez harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Booniez' products and services. This Site is controlled and operated by Booniez from its offices in Sand City, California.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, Monterey County.
Last updated: November 1st, 2010