TERMS OF USE & TERMS OF SALE

As of April 30, 2018

TERMS OF USE

IMPORTANT: THESE TERMS OF USE ("TERMS AND CONDITIONS") REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION HEREIN. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. These Terms and Conditions incorporate by reference the Privacy Policy and any capitalized terms in that agreement shall have the same meaning here.

  1. GENERAL

Welcome to the website of Boon Supply Company (including any of its subsidiaries or corporate affiliates, collectively, "Boon Supply," "we" or "us"). Any person accessing or using the website and any associated webpages (collectively, the "Website") is referred to as "you".

In order to use the Website, you must review and agree to abide by these Terms and Conditions, our Privacy Policy, and any other terms and conditions that may appear on the Website from time to time.  This Website and its Content are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited. 

  1. COPYRIGHT/TRADEMARK – LICENSE TO USE

Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by Boon Supply.   Certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.

Except as may be expressly permitted by Boon Supply, you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software; provided, however, that you may download certain Content as indicated on the Website for your personal, non-commercial use only.  Permission is granted to temporarily download one copy of the materials (information or software) on Boon Supply’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:  (i) modify or copy the materials;  (ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);  (iii) attempt to decompile or reverse engineer any software contained on Boon Supply’s Website;  (iv) remove any copyright or other proprietary notations from the materials; or (v) transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Boon Supply at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only Boon Supply is under no obligation to keep the Content updated. Boon Supply, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.

  1. USER PROVIDED OR GENERATED CONTENT

As used in this Section, (i) "User Provided or Generated Content" means messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service you or other Website users may post; and (ii) "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website. 

  1. Agreement Regarding Content. By posting, distributing, sending or displaying User Provided or Generated Content to the Website, you:
  2. grant to Boon Supply a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licenseable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Provided or Generated Content for any purpose to the extent permissible by applicable law;
  3. grant Boon Supply and its subsidiaries the right (but not the obligation) to use your name in connection with such User Provided and Generated Content, subject to Boon Supply’s Privacy Policy;
  4. represent and warrant that: (i) you own and control all of the ownership rights to the User Provided or Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Provided or Generated Content on or through this Website; (ii) such User Provided or Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and (iii) the usage, publication and posting of such User Provided or Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity.

    User Provided or Generated Content submitted by you is deemed non-confidential and non-personal information and Boon Supply is under no obligation to treat such User Provided or Generated Content as proprietary information. Without limiting the foregoing, Boon Supply has, or otherwise reserves, the right to use the User Provided or Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. Boon Supply is under no obligation to offer anyone any payment or compensation for User Provided or Generated Content, respond to any User Provided or Generated Content, or to attribute authorship of User Provided or Generated Content to you or anyone else. If, nonetheless, under any applicable law, it is determined that you retain moral or similar rights in the User Provided or Generated Content which you have posted to the Website, you hereby agree that: (i) you won't require that any personally identifying information be used in connection with the User Provided or Generated Content; (ii) you won't oppose the publication, use, modification or deletion of the User Provided or Generated Content by Boon Supply; and (iii) you waive and will not claim or assert any entitlement to any moral rights in any of the User Provided or Generated Content, to the extent permissible under applicable law.

    1. Website Interactive Areas

    This Website may contain sections or areas that allow you to create, post, share, exchange and otherwise interact with Boon Supply or other users of the Website.  When Boon Supply provides such Website Interactive Areas, you are solely responsible for your use of such Website Interactive Areas and you use them at your own risk.

    When using any Website Interactive Area, you agree to not, upload, transmit, distribute, store, create or otherwise publish any inappropriate, unlawful, or similar content, including but not limited to the following: (i)  material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable; (ii) material that promotes illegal drugs, tobacco or firearms use; (iii) material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations; (iv) material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party; (v) material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity; (vi) advertising or links to other commercial websites; (vii) names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, social security, national identity, passport and/or credit card numbers or other personally identifiable information of any third party; (viii) viruses, corrupted data or other harmful, disruptive or destructive files; (ix) material that is unrelated to the topic of the Website Interactive Areas in which such material is posted; (x) material that communicates messages that are objectionable, harmful, prejudicial, inconsistent with the goodwill of Boon Supply or which otherwise violates these Terms and Conditions in Boon Supply’s sole discretion. 

    Boon Supply is not responsible or liable for any User Provided or Generated Content posted, published, displayed or uploaded by users of the Website, or for any loss or damage thereto, nor is Boon Supply liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Website Interactive Areas, Boon Supply is not and liable for any statements, representations or User Provided or Generated Content provided by its users on this Website. Boon Supply has no legal or contractual obligation to screen, edit or monitor any of the User Provided or Generated Content posted, published, displayed or uploaded to or through any Website Interactive Area and makes no claim that it will do so. However, Boon Supply reserves the option and right, at its sole discretion, to remove or modify any User Provided or Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.

    Any use of the Website, including the Website Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website.

    1. USER SUBMISSIONS AND COMMENTS

    Boon Supply welcomes your feedback regarding our existing products, offerings, and customer service, subject to Section 3 above. Please feel free to share your valuable feedback. 

    1. THIRD PARTY CONTENT AND LINKS

    Any Content, products or services posted on, transmitted through, or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. Boon Supply does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Website and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and Boon Supply is not responsible for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services.

    This Website may contain links to third-party services and resources. You acknowledge that (a) Boon Supply is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) Boon Supply is not responsible for any other form of transmission received from any linked website. The inclusion of any link is for your convenience and does not imply endorsement by Boon Supply of the website. Any concerns regarding any such link should be directed to the particular third party website.

    1. ACCESS TO AND USE OF WEBSITE

    We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.

    Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

    By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. You specifically agree not to:  (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website; (b) hack into the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (c) damage, disable, overburden, transmit any worms, viruses, trojans, or other material of a destructive nature, or interfere with any other party's use and enjoyment of the Website; (d) violate any applicable laws, rules or regulations; (e) use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or (f) use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, or for any purpose that is prohibited by these Terms and Conditions. 

    1. ACCOUNT SECURITY

    For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.  

    1. INDEMNIFICATION

    You agree to defend, indemnify and hold harmless Boon Supply, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, “Boon Supply") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees), arising from or in connection with: (a) your misuse of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Website. Boon Supply reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with Boon Supply in asserting any and all available defenses. 

    1. DISCLAIMER OF WARRANTY

    EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND CONTENT ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, BOON SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BOON SUPPLY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, BOON SUPPLY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION, GIVING INFORMATION MADE BY BOON SUPPLY OR ITS GIVING PARTNERS, INFORMATION PROVIDED BY THIRD PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.

    BOON SUPPLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY THIRD PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY BOON SUPPLY OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

    NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. 

    1. LIMITATION OF LIABILITY

    IN NO EVENT SHALL BOON SUPPLY OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "BOON SUPPLY RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPRTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE BOON SUPPLY RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. NOTWITHSTANDING, IF ANY OF THE BOON SUPPLY RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR ANY CONTENT ON THE WEBSITE, THE BOON SUPPLY RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

    1. AGREEMENT TO ARBITRATE; CHOICE OF LAW

    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    WE BOTH AGREE TO ARBITRATE: You and Boon Supply agree to resolve any claims relating to these Terms and Conditions and Terms of Sale through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Boon Supply’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

    WHAT IS ARBITRATION?: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 10 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

    ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern.  The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com. To initiate arbitration, you or Boon Supply must do the following:

    1. Notify JAMS in writing through a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a "Demand for Arbitration" at www.jamsadr.com;
    2. Send three copies of the "Demand for Arbitration", plus the appropriate filing fee to your local JAMS office; and
    3. Send one copy of the "Demand for Arbitration" to the other party.

    Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If traveling is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms and Conditions shall be held in the United States in the California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Boon Supply, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Boon Supply.

    NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

    WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Boon Supply in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BOON SUPPLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

    OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Boon Supply at customercare@boonsupply.com and providing the requested information as follows: (1) your name; (2) the URL of these Terms and Conditions; (3) your address; (4) your phone number; (5) and a clear statement that you wish to opt out of this arbitration provision in these Terms and Conditions. This Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

    Choice of Law/Forum Selection

    In any circumstance where this section (Agreement to Arbitrate; Choice of Law) permits the parties to litigate in court, these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the State of California. 

    1. MISCELLANEOUS LEGAL PROVISIONS

    These Terms and Conditions are effective unless and until terminated by either you or Boon Supply. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Website. Boon Supply may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Website, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions. Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting Boon Supply products and services available in the United States.

    If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of Boon Supply to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

    We may provide notice to you relating to the Website and/or these Terms and Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or the Website must commence within one (1) year after the cause of action arises. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.

    Boon Supply's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms and Conditions is in derogation of Boon Supply's right to comply with law enforcement requests or requirements.

    These Terms and Conditions (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Website, and any other terms that may appear on the Website from time-to-time) contain the entire understanding between you and us with respect to your use and access of this Website, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Website. No representation, statement or inducement, whether oral or written, not contained in these Terms and Conditions (and any other terms that may appear on the Website from time-to-time) or the Privacy Policy will bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of Boon Supply. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions. Before using this Website please read through all referenced documents carefully.

    The sections on Indemnity, Limitation of Liability and Disclaimer; Warranties do not apply to New Jersey residents.

     

    TERMS OF SALE

    IMPORTANT: THESE TERMS OF SALE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE; CHOICE OF LAW" PROVISION, ABOVE. PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER WITH US FOR A PURCHASE OF A PRODUCT OR SERVICE. These Terms of Sale incorporate by reference the Terms of Use and Privacy Policy and any terms in those agreements shall have the same meaning here. 

    1. YOUR ORDERS

      By placing an order with Boon Supply, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.  When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your creditworthiness.

      Boon Supply reserves the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.

      If your payment method has already been charged for an order that is later modified or cancelled, Boon Supply shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.

      Boon Supply accepts the following methods of payment on our Website: Visa, MasterCard, American Express, Discover, and PayPal.

      2. PRODUCT DESCRIPTION AND PRICING

        All prices and products advertised are subject to change. Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website.

        All prices displayed on the Website are quoted in US Dollars ($).

        Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout.

        The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.

        3. SHIPPING, DELIVERY, RETURNS AND EXCHANGES

          Please note that shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed. Boon Supply does not ship internationally.

          Item(s) that are unworn, unwashed and unaltered, or items that you believe have a manufacturer’s defect, may be returned within 30 days from date of purchase.  All returnable items should be returned unused, in their original packaging and in saleable condition. Your refund will reflect the total amount you paid for the product(s) you are returning. However, you will not be refunded any original shipping costs you may have paid for the delivery of the product(s) to you.

          If you are shipping to us from within the continental United States, you may choose to receive your refund back to your original method of payment or in the form of a Boon Supply Website store credit, and you will not be charged any return shipping costs. 

          Below you can find shipping costs for purchase made on the Boon Supply Website:

          Ground Shipping is based on order total:

          • $0.00 – $11.99, $5.95
          • $12.00 – $23.99, $6.95
          • $24.00 – $38.99, $7.95
          • $39.00 – $50.99, $8.95
          • $51.00 – $74.99, $13.95
          • $75.00 and up is free

            Priority Shipping is based on order weight:

            • 0.0 lb – 2.0 lb, $16.00
            • 2.01 lb – 3.0 lb, $20.00
            • 3.01 lb – 4.0 lb, $25.00
            • 4.01 lb – 5.0 lb, $35.00
            • 5.01 lb – 10.0 lb, $61.00
            • 10.01 lb – 20.0 lb, $90.00
            • 20.01 lb – 30.0 lb, $130.00
            • 30.01 lb – 40.0 lb, $140.00
            • 40.01 lb – 50.0 lb, $150.00
            • 50.01 lb – 60.0 lb, $160.00
            • 60.01 lb – 70.0 lb, $170.00
            • 70.01 lb – 500.0 lb, $400.00

            4. THIRD PARTY PRODUCTS SOLD ON WEBSITE

              The Website may contain products that are produced and manufactured by third party suppliers and not by Boon Supply. Boon Supply is not responsible for any third party products or for the actions or inactions of any third party vendors or suppliers. Boon Supply’s inclusion of such products does not imply any endorsement of such or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with such vendor(s) or supplier(s). Boon Supply does not assume any responsibility or liability for the products of third parties. While Boon Supply aims to ensure that all third party vendors suppliers are honest and truthful when making representations regarding their products and/or the causes they claim to support and how, we cannot warrant or represent that the statements they make are truthful, complete or accurate. Please carefully review the terms of use, privacy policy, and all other relevant user agreements for the third party products.

              5. DISCLAIMER/WARRANTIES

                EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, BOON SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. 

                6. LIMITATION OF LIABILITY.

                  IN NO EVENT SHALL BOON SUPPLY OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "BOON SUPPLY RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPRTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT SAID, IF ANY OF THE TOMS RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH THE PURCHASE OF ANY PRODUCTS ON OR THROUGH THE WEBSITE, THE BOON SUPPLY RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.

                   

                  © 2018 Boon Supply Company. All rights reserved.