Terms And Conditions

TERMS AND CONDITIONS

Last Updated 11/13/2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ANY SUBSCRIPTION OR PURCHASE

By accessing and using BootayBag LLC’s website www.bootaybag.com, and/or purchasing from or subscribing with BootayBag LLC (hereinafter “BootayBag,” “we,” “our,” or “us”), you acknowledge that you have read, understood, and agree to be legally bound by the following Terms and Conditions. If, at any time, you do not agree or comprehend these Terms, please do not use this site or our services.  Continued use of the Bootaybag website and/or services indicates your continued acceptance of these Terms.

BootayBag will continue to evaluate the Terms and Conditions against new technologies, business practices, and its users’ needs and reserves the right to change these Terms and Conditions at any time without notice.  Please check these Terms and Conditions periodically for updates.  You acknowledge that your continued use of the BootayBag website and/or services after the posting of any changes to these Terms and Conditions means that you agree to be bound by such changes.

  1. Intellectual Property Rights

All content on www.bootaybag.com is protected by copyright, trademark, trade dress, trade secret, patent, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) and is the property of BootayBag.   Such content includes but is not limited to: photographs, images, text, graphics, artwork, button icons, software, audio clips, video clips, designs, logos, trademarks, trade dress and all other content and elements contained within the website including the software used to develop it. All rights are reserved, worldwide. You may electronically download or print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with Bootaybag.com. By downloading, copying and printing content for non-commercial use, you do not obtain any right, title or interest in such content. Any other use of the website or its content without prior written permission of BootayBag is strictly prohibited.  EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS AND CONDITIONS, no BootayBag materials or third-party materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners.  You may not add, delete, distort, or otherwise modify any BootayBag content.  Any unauthorized attempt to modify any online material, to defeat security features, or to utilize this website for means other than its intended purposes is prohibited.

You agree not to make any use of the content that would infringe the Intellectual Property Rights of BootayBag or a third party.  You agree to abide by the Terms and Conditions established herein.

  1. Disclaimer and Limitation of Liability

By use of this website, you acknowledge the sole responsibility and risk for any and all costs associated with the servicing or repairs of any equipment in connection with your use of this website. You further acknowledge that BootayBag is not liable for any damages of any kind related to your use of this site. We make no representations or warranties, either express or implied, with respect to this site, its content and the information and services available on or through it. These services are provided "as is" with any and all faults. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer as well as lost profits, business interruption or the loss of data/information, even when BootayBag is notified in advance of the potential for any such damages.

  1. Amendment Unavailability Errors and Inaccuracies

BootayBag  strives to provide complete, accurate and up-to-date information on the website. However, we cannot guarantee that all site content is free of human or technological errors. This website may contain typographical mistakes, fragmentary statements and inaccuracies or omissions pertaining to pricing and availability. We reserve the right to correct any errors, omissions or inaccuracies at any time without prior notice, including those corrections made to an order once it has been submitted. BootayBag reserves the right to withdraw or amend this website, and any product, service, or material it provides on the website without notice. Although BootayBag intends to make the website and the services available thereon available at all times, BootayBag will not be liable if for any reason, or no reason at all, all or any part of the website is unavailable at any time or for any period of time

  1. Received Materials

Excluding required information for order placement, any comments, suggestions, questions, photographs, blog posts or other submissions sent or submitted by you to Bootaybag (“Received Materials”) will be deemed non-confidential and free of any claims of proprietary or personal rights and shall become the property of Bootaybag upon receipt, including worldwide rights in all intellectual properties.  Bootaybag shall have no obligation of any kind with respect to such Received Materials, and Bootaybag will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, or distribute, the Received Materials without limitation or restriction.

Furthermore, Bootaybag is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Bootaybag for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.

  1. Terms of Service/Electronic Purchasing/Subscription and Payment

 

BootayBag and its website are designed to provide consumers with a quality choice for monthly underwear subscriptions. Once subscribed, the user authorizes BootayBag to process a payment on the 15th of each month without continued consent. BootayBag reserves the right to terminate membership, any current or future use of the website and further use of its services or products for any reason at any time. All sales, including those that have yet to ship are considered final and will not be refunded or exchanged for any reason.

All purchases made via the BootayBag website, social networking site, mobile application or mobile device for the sale of goods or services are governed by the Termsand Conditions herein.Bootaybag offers varying and diverse service options including but not limited to: the purchase of bralettes, pre-selected monthly subscription services and one-off items. Pricing is dependent upon subscription selection and residential location. Pricing is subject to change at any time, without notice. Subscription costs include shipping and handling within the United States. Subscribers residing outside the continental United States may incur additional shipping, handling and serving fees.

By using, accessing, or purchasing from this website, which is owned and operated by Bootaybag, and subscribing, you acknowledge that you have read, understood, and agree to the these Terms of Service and the Terms and Conditions herein. Furthermore, subscribers using this site agree to pay and deposit the pre-disclosed monthly reoccurring or lump sum payment at time of purchase with or without continued consent. All products and services offered by BootayBag reoccur on a monthly basis unless otherwise stipulated by the consumer on the customer portal. Stipulations, adjustments and changes to a consumer subscription must be successfully accomplished by 11:59PM EST on the 14th day of each month.

Bootaybag reserves the right to modify or alter these pre-disclosed prices at any time, without reason or consumer notification.

BootayBag may add new services for additional fees and charges, or change the fees and charges for existing services at any time per our discretion. BootayBag accepts all major forms of payment for all products and services including Visa, MasterCard, American Express, Discover and Capital One.

  1. Cancellation and Refunds

Users may cancel their subscription at any time by logging into the customer portal and selecting "Subscriptions," "Edit" and “Cancel Subscription”.  You must cancel your subscription BEFORE the 14th of each month (i.e. the day before your next recurring billing date), by 11:59 p.m. Mountain Time in order to avoid being charged.  If you cancel your subscription, you will continue to have access to the plan through the end of your current billing period. However, if you modify your subscription to switch from one subscription plan to another subscription plan during your billing period, you may not have continued access to your original subscription plan.

By using this website, you understand and agree that you shall receive no refunds and no exchanges for any products disbursed by BootayBag unless the product is reasonably damaged, expired or otherwise lacking "out-of-the box" quality as determined by BootayBag. Cancellations completed prior to the shipment of product do not guarantee refund as all sales are final. BootayBag does not accommodate specific product or delivery requests.

  1. Payment Disputes

Disputing a payment requires a written notification to the BootayBag team within thirty (30) days of making the payment in dispute. Failure to notify BootayBag shall result in the waiver of any claim on or relating to said disputed payment. Payment shall be calculated solely based on records maintained by BootayBag. No accounting of any kind shall be accepted by BootayBag under the aforementioned Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.

 

 

 

  1. User Accounts and Security

You may subscribe to BootayBag’s services by becoming a registered member and creating an account with us.  As part of the registration process, each subscriber will select, or be provided with, a username and password (“Credentials”) associated with the account (your “Account”).  Accurate and complete billing, shipping and contact information are required in order to create a user account. You agree to provide BootayBag with accurate, complete, unique, and updated contact information for your Account.  Consumers creating a BootayBag user account on the website on behalf of a company, organization or any other entity expressly represents, warrants and consents to be an authorized representative of that entity. This aforementioned entity and its non-disclosed affiliates are required to adhere to the Terms and Conditions herein.

Once subscribed, a BootayBag user account is created via our customer portal. The customer portal allows consumers to purchase products and services listed on the website as well as providing functionality to update subscription preferences. The customer portal functionality may be updated or discontinued at any time, without reason, at the discretion of BootayBag.  BootayBag reserves the right to use e-mail to provide communication regarding changes to website features and functionality, pricing, product and service adjustments as well as addendums to the Terms and Conditions or Privacy Policy. Any and all activities that occur within the customer portal by the user, are the sole responsibility and risk of the registered user. Website user accounts require passwords for confidentiality and security. We recommend using “strong” passwords (such as passwords having 12 or more characters with a combination of upper and lower case letters, numbers and symbols) to ensure user account security.  You agree to be responsible for maintaining the confidentiality of your Credentials and other Account identifiers you choose and all activities that occur under your Account, whether or not authorized by you.  You agree that you, not BootayBag, remain at all times solely and fully responsible for the proper use of your Credentials.  BootayBag is not liable for any breach in security network or otherwise and will have no liability for any circumstances, damages, or injury arising from the unauthorized use of your Credentials or your Account.  You also agree to supervise and take full responsibility for the use of the websites by minors under the age of 13. If you know of or suspect any unauthorized use(s) of your Credentials or Account, you are responsible for notifying us immediately.  You must also promptly change your Credentials to prevent unauthorized access to your Account.

The utilization of another user's account without their express consent is forbidden. As a condition of using BootayBag’s website or services, you may not select or use Credentials of another person with the intent to impersonate that person, use a name subject to the rights of any other person without written authorization from that individual, and/or use Credentials that we, in our sole discretion, deem inappropriate or offensive.

BootayBag is committed to protecting the privacy of website visitors and does not share personally identifiable information with third parties without your consent.  Please consult our Privacy Policy for more information on our information collection, use and disclosure practices.  You acknowledge that, although BootayBag agrees to use its best efforts to comply with and to ensure that its users, content providers, distributors, and licensees comply with our Privacy Policy, BootayBag cannot be held responsible for the actions of third parties who violate our Privacy Policy.

 

 

  1. Shipping, Handling and Fees

 

Currently, BootayBag ships within the United States, Canada, the U.K, and over 80 countries worldwide. Packages are shipped within 30 business days after receipt of payment. This is subject to change at any time, and any delays resulting from unforeseen circumstances, or matters outside our control,  are not subject to a refund. For Canada addresses, it can take up to an additional 30 business days (total of 60) or longer for delivery. Address changes must be completed BEFORE the 14th of each month by 11:59PM EST. If addresses are not updated in a timely manner as required above, Bootaybag reserves the right to process an additional forwarding fee as determined by the carrier, in an amount no less than five U.S. Dollars ($5) or equivalent.

BootayBag is not liable for the delivery of packages once they have departed the DHL Worldwide Express shipping facility. Packages labeled “Delivered” to the provided shipping address BEFORE the 14th of the month by 11:59PM EST are eligible for free reshipment or refund if not received. Packages otherwise labeled “delivered” without proper shipping address confirmation are not eligible for refund nor reshipment and become the sole responsibility of the customer to avail themselves to receive the package. Packages cannot be reshipped until they are possessed by BootayBag or a related facility. Packages returned to us due to incorrect address by the customer are subject to the aforementioned reshipment/forwarding fee.

The responsibility to provide a correct address lies solely with the Customer and is not the responsibility of BootayBag. BootayBag will disburse packages to the mailing address provided by the customer either through the Website, Email, or Verbal transaction, and is not responsible for the carrier’s ability, lack thereof or availability to provide successful delivery to the provided address.

 

  1. Dispute Resolution Choice of Law and Arbitration

By visiting  Bootaybag.com, you agree that the laws of the state of Colorado will govern these Terms and Conditions and any dispute of any sort that might arise between you and us or any of our affiliates, without regard to principles of conflict of law.

YOU AND BOOTAYBAG FURTHER AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND BOOTAYBAG ARISING IN CONNECTION WITH OR RELATING IN ANY WAY TO THIS AGREEMENT, THE TERMS AND CONDITIONS OR TO THE USE OF THE BOOTAYBAG SERVICES WILL BE DETERMINED BY MANDATORY BINDING INDIVIDUAL (NOT CLASS) ARBITRATION.  YOU AND BOOTAYBAG AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE MUTUALLY AND EQUALLY PAID FOR BY YOU AND BOOTAYBAG, AND CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.  YOU AND BOOTAYBAG FURTHER AGREE THAT THE ARBITRATOR SHALL HAVE THE EXCLUSIVE POWER TO RULE ON HIS OR HER OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE EXISTENCE, SCOPE, OR VALIDITY OF THE ARBITRATION AGREEMENT OR TO THE ARBITRABILITY OF ANY CLAIM OR COUNTERCLAIM.  ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT.  THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  THERE MAY ALSO BE MORE LIMITED DISCOVERY THAN IN COURT.  THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING AWARDING ATTORNEY FEES), EXCEPT THAT THE ARBITRATOR MAY NOT AWARD ANY RELIEF, INCLUDING DECLARATORY OR INJUNCTIVE RELIEF, BENEFITING ANYONE BUT THE PARTIES TO THE ARBITRATION. ANY ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES OF JAMS (WWW.JAMSADR.COM) THEN IN PLACE, AND BY ONLY ONE ARBITRATOR. JUDGMENT ON THE AWARD MAY BE ENETERED IN ANY COURT HAVING JURISDICTION.

  1. Non-Waiver

The failure of BootayBag to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.  You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose.

  1. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and BootayBag, superseding any prior agreements between you and BootayBag with respect to the services. 

Violation of any of the above restrictions may result in a termination of your ability to access the BootayBag services.  BootayBag reserves any and all rights or remedies that may be available in the event of your breach of these Terms.