Effective Date: May 12, 2022
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. Boombah may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates posted to the Site constitutes your agreement to comply with the posted Terms.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of Boombah, or such other third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Boombah or such other third party that may own the displayed Trademarks.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. Access to and uses of this Site are solely for your purchase of Boombah products for personal use, information, education and communication with Boombah. You may download copy or print the Content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All rights not expressly granted to you by these Terms are reserved.
While Boombah desires to receive feedback and testimonials from its customers (“Submission(s)”), please do not send Boombah any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like. Boombah is under no obligation to use or compensate you for your Submissions. Boombah will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information. With regard to Submissions which are feedback or testimonials or examples of use of Boombah products, You may directly upload Submissions or post Submissions to your social media accounts.
By uploading Submissions or posting Submissions that you have tagged with Boombah Trademark or product name hashtags to social media platforms, you grant to Boombah, its third-party service providers who provide content management services including Olapic, Inc. and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Boombah-tagged Submissions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Submission
You hereby represent and warrant that (i) you own all rights in and to your Submissions, (ii) if the Submissions are subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the Submissions you submit and to grant the rights granted herein, including permission from all person(s) appearing in your Submissions; (iii) you are not a minor, (iv) you are legally entitled to post the Submissions, and the Licensed Parties’ use of your Submissions as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the Submissions are not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your Submissions.
You are solely responsible for any Submissions that you submit or post. You are legally liable for the Submissions that you submit or post including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
The Licensed Parties reserve the right to remove any Submissions from the Site at any time, for any reason. If you believe a Submissions residing on the Site infringes a copyright, please refer to our Copyright Policy below.
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute Boombah’s endorsement of those Submissions. Boombah is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
Third-party links on this Site may direct you to third-party websites that are not affiliated with Boombah that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. Boombah is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Boombah’s General Counsel. The agent can be reached at (630)385-7786, email@example.com, or via U.S. Mail at: 202 W. Boombah Blvd., Yorkville, IL 60560.
To be effective, your infringement notification must include the following:
Upon receipt of the complete written notification containing the information as outlined in 1 through 6 above:
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Boombah, the alleged infringer will have the opportunity to respond to Boombah with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Boombah’s designated copyright agent within thirty (30) days of the removal of the material from the website, and must include the following:
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Boombah reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
Once you affirm your choice to opt-in to the Service on short code 30916, your message frequency may vary. You may receive alerts about:
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Boombah may add or remove any wireless carrier from the Service at any time without notice. Boombah and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.To Stop the Service
To stop receiving text messages from Boombah, text the word STOP to 30916 any time or reply STOP to any of the text messages you have received from Boombah. After texting STOP to 30916, you will receive one additional message confirming that your request has been processed.Questions
You can text HELP for help at any time to 30916. You can contact us by phone at (815) 941-1431. You can also contact us by email at firstname.lastname@example.org or visit https://www.boombah.com/us/help/contact.htmlChanges to Terms
These mobile terms and conditions are subject to change at any time without notice.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
You are responsible for the personal protection and security of any password or username that you may use to access this Site. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Boombah.
Boombah undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Boombah reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
This Site, Content, product information, and any products sold through the Site into permitted jurisdictions are intended to comply with U.S. federal laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
Boombah reserves the right, but is not obligated, to limit the sales of its 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. All product descriptions, product designs and product pricing are subject to change at any time without notice at the sole discretion of Boombah. Boombah has no obligation to incorporate design changes in products previously purchased. Boombah reserves the right to discontinue any product at any time. For your protection, we reserve the right to cancel any order at any time. Any offer for any product or service made on this Site is void where prohibited. After placing an order you will receive a copy of your order via email. Please verify that your order is correct and call or email email@example.com soon as possible if something is incorrect. The price of an item is final at the time of sale.
Personal checks cannot be accepted. Please use money orders, certified or cashier checks, PayPal, or credit/debit cards for payment. If you use your debit card (or any card linked to your checking account), the amount of your purchase may be charged to your account at the time of sale, or at the time of order fulfillment. The funds reserved for your order may be held by the bank, even though the transaction has not been finalized. The length of the hold is determined by your bank. Since debit cards are linked to cash accounts, changes or adjustments to your order can result in multiple pending transactions on your account. Boombah is not responsible for loss or inconvenience due to held funds.
By law, sales tax is collected from Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, West Virginia, Wisconsin and Wyoming residents and remitted to those states. For residents not located in the states listed, it is the responsibility of the purchaser to determine if they are responsible to pay taxes on the purchases based on the laws of their local government.
Any tax exempt purchases need to be made through customer service at 815-941-1431. No sales tax refunds will be given for online orders.
All returns require a return authorization number (“RA Number”) which must be present on the outside of the return package. Please submit for your RA Number and returns shipping label through our returns portal. Return shipments must be delivered back to Boombah within 30 days from the shipping date. Returns received after this time will not be honored. Please return items in the same manner they were shipped to you. All items must be returned in new condition, in the original packaging and must be shipped back in a shipping package. If returning footwear, please remember to ship your shoe box in another shipping box or bag. If items returned are not within these conditions, the return will be refused.
If you need to make an exchange of a like item, simply place a new order with our Customer Care Team. You will be charged the purchase price for the new items(s) being requested and we will proceed to ship your new order at no charge via FedEx Ground. Once we process your return authorization, we will credit your original form of payment for the purchase price of the item(s) returned.
Returns are processed within 5-7 business days after being received by Boombah.
Certain Boombah sites (e.g., www.work-sweat-play.com) may sell products to wholesale customers, however, you shall not use the www.boombah.com to purchase products for re-sale or export. Boombah reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT BOOMBAH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BOOMBAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BOOMBAH’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BOOMBAH’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
BOOMBAH RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND BOOMBAH WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD BOOMBAH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY CLAIMS RELATED TO ORDER REQUESTS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE TERMS.
The Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in these Terms to the contrary, the parties understand and agree that all terms and conditions of the Terms that may require continued performance, compliance, or effect beyond the termination date of these Terms will survive termination of the Terms and will be enforceable by the parties, including but not limited to Sections 2, 3, 5, 8, 9, 15, 16, 18, 20 and 22. Boombah may also terminate the Terms at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Boombah's sole discretion, you fail to comply with any term or provision of the Terms. Upon any termination of the Terms by either you or Boombah, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms or otherwise.
These Terms will be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules.
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Boombah’s services will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and BOOMBAH hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BOOMBAH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND BOOMBAH AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and Boombah are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Boombah, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
When you visit this 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 e-mail or by posting notices on this Site. Please verify that your account email address is current and valid. We will use this address to send your order confirmation and shipping information. If you need to change your email address, please call customer support at (815-941-1431). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
After submitting your order, you will receive an email mockup for the customized items on your order from one of our graphic designers within the established timeframe for providing mockups.
Email is the preferred line of communication for revisions and is required for the final mockup approval. Without an email approval of the mockup, no production will be completed.
By submitting your final mockup approval to our design team, “You agree to the following terms”.
I verify that all lettering and/or word spellings, graphics, colors and content included in the approved mockup are correct.
Boombah is not liable for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Grammar, Punctuation and Final Appearance of Colors.
NOTE: (Mockups are not to scale and are used for demonstration purposes only, as all sizing and placement is per our standards. The colors displayed on your screen and shown on your mockup are not guaranteed to be a true match to the colors that will be on the finished product.)
(Please contact Customer Care, not the Design Department regarding your order status.)
By agreeing to the Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given Boombah your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the Terms constitute the entire agreement between you and Boombah related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms. The Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the Terms after the Effective Date.
Should you have any questions concerning the Terms, or if you desire to contact Boombah for any reason, please contact our Webmaster.