Thank you for visiting the official website (“https://boobiejuicebydesign.com”) of Boobie Juice by Design.
This website is operated by Boobiejuice, LLC, (aka Boobie Juice by Design). Throughout the site, the terms “you” or “your” in this Agreement refer to the user (“User”) who is visiting, accessing, or using the website in any manner. The terms “we”, “us”, or “our” in this Agreement refer to Boobie Juice by Design and Boobiejuice, LLC, a limited liability company organized under the laws of the state of Washington, USA. Boobie Juice by Design offers this website, including all information, tools and services available from this site to the User conditioned upon the User’s acceptance of all terms, conditions, policies and notices stated here. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
By agreeing to this Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
General Conditions. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
General Use Rules. You agree to abide by the Rules governing usage of the Site.
You shall not post, communicate, upload, e-mail, transmit, distribute, or otherwise make available:
- any material or content that infringes and/or violates any right of a third party (including its intellectual property and proprietary rights) or any law;
- any material or content that contravenes any laws of the state of California which relate specifically to racial and religious harmony, or is calculated to deliberately, mischievously, recklessly or otherwise offend against the spirit and intent of such laws;
- any material or content that may be construed as being mischievous, unduly aggressive, subversive or promoting or denigrating any political cause or grouping;
- any harassing, slanderous, libelous or derogatory information or content;
- any advertisements for products or Site, “junk mail”, spam, chain mail, pyramid schemes, or other form of commercial or illegal solicitation.
- any obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images, onto any of the Site, including all upload channels provided by us;
You shall not:
- harm, or attempt to harm, lure or deceive minors in any way, intentional or otherwise;
- create or use a false identity for the purpose of misleading others;
- collect or store personal data about other users;
- interfere with, or disrupt, the operation of the Site, related services, or servers or networks connected to, or used in connection with the operation of the Site.
- disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware, or software connected to, or used in connection with the operation of the Site, or any requirement that we post on the Site;
- post or disclose phone numbers, addresses, Social Security numbers, or any other private information, relating to any other person or entity (e.g. brands, organizations, etc.).
You are responsible for the use of the Site, for any Content you post to the Site, and for any consequences thereof. You should only provide Content which you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Site and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk.
With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, we prohibit the creation of accounts for anyone other than yourself. You are responsible for safeguarding and regularly changing (prompted or not) the password that you use to access the Site and for any activities or actions under your password.
We shall not be liable for any loss or damage from your failure to comply with safety and security recommendations.
We reserve the right to modify or terminate the Site or your access to the Site for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Site or we or you deactivate your account, your photos, comments, likes, followers, and all other data will no longer be accessible through your account.
We reserve the right to refuse access to the Site to any legal and/or natural person for any reason at any time.
Posting Materials to Site. By posting materials to and/or communicating with other Users on the Site or in an Interactive Communication, you represent and warrant to us that: (a) you have all necessary rights to such materials, and that the posting of such materials will not infringe on any personal or proprietary rights of any third party, including its intellectual property rights; and (b) such materials are not harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, and/or contrary to the principles, tenets, and mission of Boobie Juice by Design.
We reserve the right to remove or block any and all postings and Interactive Communications, including those that we have been informed, or those that we consider, to be:
- Defamatory, libelous, slanderous or disparaging of, or insulting to, any person, group or entity; abusive or hateful; obscene, lewd, or vulgar;
- Postings or Interactive Communications that might be mischievous, seditious, harassing in nature or construed as stalking, or any postings that might otherwise be illegal or relate to illegal activity;
- Infringing on any third party intellectual property rights;
- Offensive to any particular political, religious, racial or social grouping whether for the purposes of espousing any particular viewpoint or otherwise;
- Seeking to directly or indirectly, subvert, promote or denigrate any political cause or grouping;
- Commercial solicitation.
Any such content or communications will be deleted and may be made available to the proper law-enforcement officials. We reserve the right, in our sole discretion, but have no obligation to vary, amend or remove the materials for any reason at any time and you agree that no liability shall attach to us as a result thereof.
Ownership in Posted Material. By uploading or communicating any materials, ideas or submissions to any of our Site, or submitting any materials to us in any other manner, you automatically grant (or warrant that the owner of such materials expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials, or to incorporate such materials into any form, medium, or technology now known or later developed.
Trademarks, Copyright and Intellectual Property Ownership. We use names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names on the Site or with the Site (“Our Trademarks”). We own all Trademarks, the Content, and other information displayed and posted on, contained in, and/or provided in connection with, the Site and/or the Site (collectively, Our Materials). Also, third parties have allowed us to post or use their materials and Trademarks on Site (“Third Party Materials”). We refer to Our Materials and Third Party Materials collectively as the “Materials”.
Copyright Notice. Unless otherwise stated or excluded, Materials contained on the Site are copyrighted materials of Boobie Juice by Design. Copyright © 2018 Boobie Juice by Design. All rights reserved. International copyright secured. We exclusively own, or have the right to use or license, all intellectual property in the Materials, proprietary information and know-how used with the Site. We maintain all of the web pages of the Site as a collective work under U.S. and other applicable copyright laws and protect the Site and Materials under our trademark and other intellectual property laws.
- You will not reproduce, edit, modify, rent, license, sell, distribute, mirror, republish, download, transmit, or create derivative works from any Materials displayed on, or made available through the Site, or in connection with the Site, in whole or in part, by any means now known or later developed;
- You will not modify, decompile, or reverse engineer any part of the Software;
- You will not copy, post or transmit any Materials that you receive from, access, or retrieve from, the Site or through the Site, to any server, or network of computers;
- You will not remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to, any Materials, including any copies of the Licensed Materials that you download and/or distribute; and
- You will not frame the Site within a mark other than that of Our Organization.
Downloadable Materials. We may identify certain materials on our Site as being downloadable (“Licensed Materials”). We grant you a limited license (the “License”) and encourage you to download these identified downloadable materials subject to the restrictions of the Terms. The License permits you to view, print, post, link (hyperlink), and make copies of the Licensed Materials for informational, educational, non-commercial, commercial, and personal purposes, without alteration of the materials. You can use the Licensed Materials in the format in which we make them available on the Site for download. If you wish to alter the format in any way or if you have a question as to a desired use of the Licensed Materials, contact us via email at [email protected].
The License is subject to the following additional restrictions:
- The term “Distribution Fee” means any and all payments of monies, fees, royalties, remuneration, donations, gifts or other consideration, whether in cash or like-kind, received by, paid to, owed to, on or behalf of, a user or a distributor that arise from, or are in any way related to the provision, transmission, distribution, sale, license, lease, rental or other use of the Licensed Materials, including specifically without limitation, any fundraising activities.
- Trademarks, Copyright and Intellectual Property Ownership shall not be infringed.
- You shall not use the Licensed Materials in connection with, or relation to, any fundraising activities;
- You shall not use the Licensed Materials in a manner that suggests an association with or endorsement by us, or any of our products, Site, or brands; and
- You shall not download quantities of Licensed Materials to a database that can be used to avoid future downloads of any of the Licensed Materials from any of the Sites.
Reservation of Rights. We reserve any rights not expressly granted herein.
Provision of Your Personal Information. As a user of the Site, you can visit certain areas of the Site without revealing any information about yourself. In other parts of Our Site, you may be required to first apply to register as a User or to provide information for certain purposes, including registering, sending correspondence, purchasing or ordering a product or gaining access to a portion of the Site or our services. Any information you provide to the Site is referred to as “Registration Data”. We encourage you not to use, submit or provide any personal or sensitive information beyond what is requested or required for your transactions with us or our organization affiliates. We shall have no responsibility for use, misuse, loss or alteration of any unsolicited Registration Data provided by you.
We will retain your information for as long as your account is active or as needed to provide you access to the Site. If you wish to cancel your account, we still reserve the right to keep your details within our records or database. We will retain and use your information as necessary to comply with any legal obligations, resolve disputes, and enforce our agreements.
Accuracy of Personal Information. In operating our Site we seek to provide valuable information and we value accurate and honest communication. In using the Site, you agree to provide true, accurate, current and complete information about yourself in Registration Data or other data and materials you provide. It is your responsibility to maintain the security of all passwords, user identification data, and other unique identifiers established in connection with your use of any part of the Site and/or our services. As part of your use, you agree to maintain and promptly update the Registration Data, and any other information you provide and to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Site, and to refuse any and all current or future access to, or use of, the Site and our services. We will not be responsible or liable for such information, or any consequence resulting from such information.
Use by Minors including Children under Thirteen. We do not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use Boobiejuicebydesign.com only with permission of a parent or guardian. We are concerned about the safety and privacy of all our Site’s users. This Site is not directed to or targeted at children. We ask that parents supervise their children while visiting our Site as with any other site on the Internet. For this reason, parents/guardians who wish to allow their children under the age of 18 to provide personal information to our Site must provide permission by sending an e-mail to [email protected] prior to any submission of personal information about or by a child.
Parents/guardians are entitled to ask to review any personal information about his/her child that may have been submitted to us; may request that we delete this information (if we still have the information in our databases); and/or instruct us not to collect or use his/her child’s information in the future.
Accuracy and Completeness of Information. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Boobie Juice by Design has made every effort to display as accurately as possible the colors and images of our products. While the color reproduction of each product is a close representation, we cannot accept any responsibility for any variation in color caused by the differences in browser software.
Modifications to the Services and Prices. Prices and descriptions for Boobie Juice by Design products are subject to change without notice and at our sole discretion. We reserve the right at any time to modify or discontinue the Service (or any part or product thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Any offer for any product or service made on this site is void where prohibited
Reservation of Right to Correct Inaccuracies. If information on www.boobiejuicebydesign.com contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the site or on any related website is inaccurate at any time without prior notice. The Company is under no legal obligation to honor a price displayed in error.
Changes to Terms. Boobiejuice, LLC, reserves the right, in its sole discretion, to change the Terms under which Boobiejuicebydesign.com is offered. The most current version of the Terms will supersede all previous versions. Boobiejuice, LLC, encourages you to periodically review the Terms to stay informed of our updates.
International Users. The website is controlled, operated and administered by Boobiejuice, LLC, from our offices within the USA. If you access the site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Boobiejuice, LLC, content accessed through Boobiejuicebydesign.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Offering of Services. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
Purchasing Products. All orders are subject to product availability and acceptance by Boobie Juice by Design. When placing an order with Boobie Juice by Design, you agree that all details you provide to www.boobiejuicebydesign.com for the purpose of purchasing products are accurate and complete. You acknowledge that all products purchased under these Terms are intended for personal non-commercial use only and will not be re-sold. By placing an order via this website, you are making an offer to Boobie Juice by Design to purchase the products detailed in your order upon the terms described.
Delivery. Time frames given for delivery are estimates and may be subject to change.
Risk of Loss. All purchases of physical items from Boobiejuice, LLC, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Billing and Account Information. Boobie Juice by Design reserves the right to refuse any order you place with us. We may, according to our discretion, limit or cancel quantities purchased per person, per household or per order. 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 that we make a change to or cancel an order, we may 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 orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The User agrees to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including contact and payment information. The User certifies that the payment method you are using is your own and that there are sufficient funds in your account to cover payment of the product or products ordered.
For more detail, please review our Returns Policy.
Disclaimer of Warranties and Limitation of Liability. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Boobiejuice, LLC, agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Indemnification. You agree to indemnify, defend and hold harmless Boobie Juice by Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Governing Law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Utah.