Terms & Conditions
Last updated: August 25, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
Definitions
For the purposes of these Terms & Conditions:
Affiliate means an independent entity that controls its own marketing and operational activities, and that utilizes its assets and marketing abilities to promote another business’s goods and/or services, in this case, Boom Again, in exchange for commissions on sales.
Account is a unique, serialized account created by/for You, the User, to access Boom Again Products, information, resources, etc.
State & Country refers to California, United States of America
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Boom Again LLC / 1900 Ave. of the Stars, Suite 520, Los Angeles, California 90067
Device is any device that can render and/or access Our Products, such as a desktop or laptop computer, cellular or smartphone, or a tablet, via any operating system.
Feedback means advice, requests, or suggestions submitted by users, regarding the performance, quality, or features of Our Products.
Products refer to the goods offered for sale within the Service.
Orders are requests by You, the User, to purchase Our Products.
Promotions refer to sweepstakes and other such promotions offered within the Service.
Service refers to Our Website, BoomAgain.com.
Subscription refers to the site services and/or types of advanced, solicited access to the Service, which may be sold or offered on a subscription basis by the Company.
Terms & Conditions (also expressed as “Terms”) are the user conditions and instructions, and definitions that form the entire agreement between You, the User, and Us, the Company, regarding the use of the Service/Site.
Third-party Social Media means any services or social content (including data, information, products, or services) provided by a third-party Social Media platform or measurement technology of such, that may be displayed, or automatically loaded, and may be included in, or made available by, the Service.
Website refers to Boom Again, accessible from
You are yourself, the individual User, or any other person like you, who accesses or uses the Service, or other company mediums, or other legal entity, on behalf of which, such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms & Conditions prevailing over the use of this website Service, and the agreement that governs the relationship between You and Boom Again. These Terms & Conditions spell out the rights and obligations for all users engaging with or purchasing from the Service.
User access to and use of the Service is conditional. Your acceptance of and compliance with these Terms & Conditions is assumed by utilizing the Service and is renewed with each update to these Terms, or each visit to the Site, concurrently. These Terms & Conditions apply to all Boom Again.com visitors, users, and any others who interface with or use directly, the Service.
By accessing Our Service each User agrees to be bound by these Terms & Conditions. If any User disagrees with any part of these Terms & Conditions, such Users may not access the Service
You represent that You are at least 18 years of age or older. Boom Again does not permit users under 18 to utilize our Service.
Access to and use of Our Service is further conditioned on Your acceptance of and compliance with Our company Privacy Policy. The Privacy Policy describes Our policies, procedures, and disclosures on the collection, use, and third-party disclosure of User’s personal information, measured or revealed to Us when Our Application or the Website is used and spells out User privacy rights and how the law protects Users. Please read the Boom Again Privacy Policy carefully before interacting with any feature or part of Our Service.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
When placing an Order for Products available on Our site, Users may be asked to supply certain relevant information to Orders including, and without limitation to, User name, User email, User phone number, User credit card information, User billing address, and, if different from Billing Information, full and accurate User shipping information.
Purchasing or Subscribing Users represent and warrant that: (i) Users have the legal right to utilize any credit or debit card(s) or other methods of payment in connection with any Order; and that (ii) the information supplied to Us is true, correct and complete.
By submitting such payment information, Users grant Us the right to provide the information to payment processing third parties for the purposes of completing the Orders.
Order Cancellation
We maintain and reserve the right to refuse and/or cancel Orders at any time for certain reasons inclusive of but not limited to:
- Product availability
- Errors in description or in prices for Products
- Other errors in Orders
We maintain and reserve the right to refuse or cancel Orders if fraud, or if unauthorized or illegal transactions are suspected.
Any Products purchased may only be returned in accordance with these Terms & Conditions, and with Our Returns Policy.
Our Returns Policy forms an addendum to these Terms & Conditions. Please read Our Return and Refund Policy to learn more about Your rights in the case that You decide to cancel Your Order.
Availability, Errors, Missing orders, and Inaccuracies
We update our Products as is reasonable to do so and, as such, Our price offerings of Products available on Our Service may be mispriced by error, described inaccurately, or in certain cases, unavailable. We may experience potential delays in updating pricing information regarding Our Products on the Service and in Our advertisements among other websites or advertising mediums.
Claims for missing orders must be filed within 20 business days from the date the order was placed.
We do not guarantee the accuracy or completeness of any pricing information, including prices, product images, specifications, availability, and services. We reserve the right to update information in the correction of errors, inaccuracies, or omissions at any time, and without prior notice.
Pricing Policy
Boom Again reserves the right to alter its Product prices at any time prior to acceptance of an Order.
Subsequent to the acceptance of an Order, the prices quoted may be changed by the Company relating to any occurrence affecting delivery caused by government action, variation in customs duties or package treatment, changes in shipping costs, fluctuation in foreign currency and exchange costs, and all other matters beyond the control of the Company. In the case of such an event, You will have the right to cancel Your Order.
Shipping Policy
We offer Free Standard Shipping within the Continental United States. Some exceptions may apply. Additional charges are applicable for shipments to Alaska, Hawaii, and Canada. Standard delivery is typically within 4-7 business days. However, the record level of online shopping is resulting in record shipping and all shipping companies are experiencing intermittent and sometimes significant delays that are beyond our control.
Payments
All Product purchases imply a one-time payment obligation to each User per transaction. Payment may be made via various payment methods Boom Again makes available, such as Visa, MasterCard cards, or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to electronic and physical identification validation checks, and by successful authorization from the card issuer. If We do not receive the required authorization, Boom Again will not be made liable for delay or non-delivery of User Orders.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When Users create an account at Boom Again.com, they provide Us with information that is accurate, complete, and current as is reasonable for updating. Failure to keep the information up to date constitutes a breach of these Terms and may result in termination of any User’s account on or from Our Service.
You, the User, are solely responsible for creating a safe password, and for safeguarding this password that You will utilize to access Our Service. You are also responsible for any and all activities and actions that are completed within Our user interface(s), under Your password, whether Your password is with Our Service or utilized in access of or through a Third-Party Social Media organization.
You agree You will not disclose Your password to a third party. You agree that You must notify Boom Again immediately upon being made aware of any breaches to security or unauthorized utilization of Your user account via Your password.
You agree not to use a username, or the name of any other person, or of any other entity, or another alias that is not lawfully available to You for use in transacting business or entering into agreements on behalf of. You also agree not to use a name/username or any name, or trademark that is subject to rights of persons or entities other than You without prior and standing written authorization. Finally, You agree not to use any name that is reasonably offensive, vulgar, or obscene as deemed by Boom Again, at Our final discretion.
Intellectual Property
Our Service and its original media content (excluding Content submitted by Users), its features, and its functionality are and will remain the whole and exclusive property of Boom Again and its licensors.
This Service is protected by copyright, trademark, and other laws of the United States of America and all matters pertaining to it will be governed by the prevailing laws of the State of California.
Our trademarks and trade dress may never be used in connection with any other products, services, or reproductions without the prior written consent of Boom Again.
Your Feedback to Us
You, the User, assign all rights, gains, ownership of, and interest in, any Feedback or Communication You provide to Boom Again. If for any reason such assignment is ineffective, You agree that You grant Boom Again a non-exclusive, continuous, irrevocable, and royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback or Communication without the restriction of its use.
Links to Other Websites
Our Service may contain links to other websites or services that are not owned and/or controlled by Boom Again.
Boom Again assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party web sites or services. Users acknowledge and agree that Boom Again shall not be responsible or liable for, either directly or indirectly, any damages or losses caused or alleged to be caused, by or in connection with the use of or reliance on any such content, products, or services available on or through any such web sites or services.
We strongly advise Users to read the terms and conditions as well as the privacy policies of any and all third-party web sites or services Users visit.
Termination
We reserve the right to terminate or suspend User Account immediately, without prior notice, liability, or explanation, for any reason We deem necessary, including but not limited to the breach of these Terms & Conditions.
Upon termination, User’s rights to use the Service will cease immediately without the possibility of restoration. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 US if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or Products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of California, the United States of America, excluding its conflicts of law rules internationally, shall govern these Terms & Conditions, and Your use of Our Service. Your use of the Application may also be subject to local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree by use of Our Service to first try to resolve the dispute informally by contacting the Company. Further disputes will be settled by arbitration in accordance with the laws of the State of California.
United States Federal Government End Use Provisions
If Users are U.S. federal government end users, our Service is a “Commercial Item” as that is so defined at 48 C.F.R. §2.101.
United States Legal Compliance
You, the User, warrant (i) that You are not utilizing Boom Again Service from a country that is subject to an embargo by the United States government, or from a location designated by the United States government as a “terrorist” or “terrorist supporting” country, and (ii) that You, the User, are not listed on or among any United States government prohibited list.
Severability
If any provision among these Terms & Conditions is for any reason held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under the law, and that all remaining provisions will continue to stand in full force and in full effect.
Waiver
Except as is provided herein, failure to exercise a right or failure to require performance of an obligation under these Terms & Conditions shall not affect a party’s ability to exercise such rights, or require such performance at any time thereafter, nor shall it be a waiver of a breach or constitute any waiver of any consecutive, concurrent, or subsequent breach.
Translation Interpretation
These Terms & Conditions may have been translated for You by third-party technology if You are viewing them on Our Service. You agree that the original English text, published on Our original United States English site, shall prevail in the case of any dispute(s).
Changes to Terms & Conditions
We reserve the right, at Our discretion, to modify and/or replace any and all these Terms & Conditions at any time. If a revision is deemed to be of material importance to Users, Boom Again will make reasonable efforts to provide Users with at least 30 days’ notice prior to any new terms becoming enforceable.
By continuing to access this site, and/or to utilize this and any Service of Boom Again after those revisions become effective, You agree that You will be bound by the revisions. If You do not agree to the new terms, in whole or in part, You agree to stop using the website and Our Service.
Contact Us
If You have any questions about these Terms & Conditions, You can contact Us: