Terms & Conditions

Last updated: February 24, 2023

Introduction

Welcome to booginhead.shop (the “Site”). This Site is owned and operated by BooginHead LLC (“BooginHead”, “we” “us” or “our”). By accessing or using this Site, you agree to be bound by these Terms of Use (the “Terms” or “Agreement”) and our Privacy Policy. If you do not agree to these Terms, do not use this Site.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our Site following the posting of any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any changes. The revised Terms will be effective as of the date posted on the Site.

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. If you do not agree to these Terms, please do not use this Site.

Use of Site

Subject to your compliance with these Terms, BooginHead grants you a limited, personal, non-exclusive, non-transferable, revocable license to view, download, and print content from the Site solely for your own personal use.

You agree not to use the Site or any content contained therein for any commercial purpose without our express prior written consent. You may not copy, redistribute, publish, display, transmit, modify, create derivative works from, or exploit in any way any content obtained from this Site without our prior written consent.

Unauthorized use of the Site may result in violation of copyright, trademark, and other laws. You agree to retain all copyright and trademark notices, including any BooginHead marks, contained in the original content on any copy you make of the material, but excluding material licensed to us by third parties.

We grant you a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of the Site for personal, non-commercial use only.

You shall not:

Use any BooginHead logo or other proprietary graphic or trademark as part of the link without our express written permission.
Imply that any statements you make are endorsed by BooginHead without our express written consent.
Insert any intermediate pages, splash pages, or advertisements between the homepage and the destination page without our express written consent.

BooginHead retains full editorial control over the Site and may remove or refuse to display any hyperlinks at any time in its sole discretion.

Intellectual Property

The content on the Site, including without limitation text, software, scripts, source code, API, photos, sounds, music, videos, interactive features, trademarks, logos, and the like and the trademarks, service marks, and logos contained therein (the “BooginHead Content”), is owned by or licensed to BooginHead, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

You may not modify, copy, reproduce, publish, display, post, transmit, distribute, sell, license, create derivative works from, transfer, or sell any BooginHead Content obtained from the Site without our express prior written consent.

Any use of the BooginHead Content not expressly permitted by these Terms is a breach of this Agreement and may violate copyright, trademark, and other laws. Neither title nor intellectual property rights are transferred to you by access to the Site. All rights not expressly granted herein are reserved.

User Content

You are solely responsible for all text, audio, video, images, trademarks, logos, photographs and other content that you upload, publish, or display on or through the Site (collectively, “User Content”). You represent and warrant that you own or otherwise control all necessary rights to the User Content.

By submitting User Content to BooginHead, you grant BooginHead a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content.

You agree that you are solely responsible for all User Content that you make available through the Site. BooginHead has no obligation to monitor User Content, but reserves the right to review, edit, and delete any User Content in its sole discretion. We also reserve the right to disclose any User Content as necessary to satisfy any law, regulation, or governmental request.

Prohibited Content

You agree not to upload, post, or submit any User Content that:

Infringes any third party’s copyrights, trademarks, or other intellectual property rights.
Is defamatory, threatening, harassing, hateful, offensive, or vulgar.
Contains any computer virus or other malicious software.
Is false, deceptive, or misleading.
Violates any law or advocates illegal activity.
Impersonates another person or entity.
Contains restricted or password-only access pages or hidden pages or images.

BooginHead reserves the right to remove any User Content that violates this Agreement or is otherwise objectionable in BooginHead’s sole discretion. BooginHead may terminate your access to the Site due to repeated violations of these Terms.

User Accounts

To access certain features, you may be required to register and create an account. By registering, you agree to provide accurate and complete information about yourself, and to promptly update any information provided so that it remains accurate and complete.

You are solely responsible for the activity that occurs through your account. Do not reveal your account password to others. BooginHead will not be liable for any loss or damage arising from unauthorized use of your account.

You may not transfer your account to another person or entity. In cases of unauthorized account access or other breach of security, you agree to notify BooginHead immediately.

BooginHead reserves the right to suspend or terminate your account if any content posted or linked to from your account violates this Agreement.

Purchases and Payments

BooginHead may make certain products available for purchase through the Site, such as pacifier clips, teether bibs, plush toys, and other baby products (“Products”). If you elect to purchase any Products, additional terms and conditions apply.

You agree to pay all charges incurred through your purchases, including shipping and handling costs, duties, taxes, and other fees. All transactions are processed by third-party vendors, and you are subject to any additional terms imposed by the vendor.

BooginHead uses reasonable efforts to accurately depict the Products available for purchase. However, we do not guarantee that the colors, sizes, dimensions, or other descriptions precisely reflect the actual Product.

All sales of Products are final. BooginHead does not accept returns or provide refunds unless the Product arrives defective or damaged. In such cases, you must notify BooginHead of the defect or damage within 14 days after receipt.

BooginHead reserves the right to discontinue any Product at any time for any reason. We do not warrant that any particular Product will be available at all times.

Shipping Policy

BooginHead will arrange for shipment of Products to you via UPS, FedEx, or another carrier. You are responsible for providing a valid shipping address where you or your authorized agent can accept delivery.

Shipment costs and delivery timeframes may vary based on your location, selected products, and other factors. BooginHead will provide shipping cost estimates during checkout based on your order details. You agree to pay all quoted shipping costs.

BooginHead will make reasonable efforts to deliver your order in a timely manner, but does not guarantee delivery within a specific timeframe. Events beyond our control, such as inclement weather, may delay shipments. BooginHead will not be liable for any failure or delay in shipment for any reason.

You agree that title and risk of loss passes to you when BooginHead delivers the Product to the carrier. You are responsible for notifying BooginHead within 14 days of any failure to receive a shipment or any damage occurring during shipment. BooginHead will reasonably assist you with filing any necessary claims against the carrier.

Return Policy

BooginHead does not normally provide returns or refunds for any reason other than a Product defect or damage. However, in BooginHead’s sole discretion, we may accept returns of unused and undamaged Products within 14 days after you receive shipment. To request a return, you must contact BooginHead customer service within 14 days of receiving your order.

If BooginHead approves your return request, we will provide instructions for proper return shipment to BooginHead. You are responsible for all shipping costs associated with returns. Upon receipt of the returned Product(s), BooginHead will issue a refund of the purchase price paid, less the original shipping costs. BooginHead will not refund the original shipping costs.

Defective or damaged Products must be reported to BooginHead within 14 days after you receive shipment. BooginHead may require photos or other proof of damage or defect. At our option, BooginHead will repair or replace defective Products or issue a full refund of the purchase price paid, including shipping costs.

All sales final for personalized or customized Products. BooginHead does not accept returns or provide refunds for personalized or customized Products.

Recommendations

BooginHead may provide recommendations for products, services, websites, or other materials created or owned by third parties (“Third-Party Materials”). BooginHead provides recommendations for informational purposes only.

BooginHead does not endorse, approve, or certify any Third Party Materials, and we make no guarantees, representations, or warranties regarding any Third Party Materials. Use of any Third Party Materials is done entirely at your own risk. BooginHead will not be liable for any loss or damages caused by your reliance on any recommendation or your use of any Third Party Materials.

No Professional Advice

All information provided on this Site, including but not limited to product descriptions, purchasing and safety guidelines, and usage suggestions, is for informational purposes only. BooginHead does not provide professional advice, medical or otherwise, regarding selection or use of any Products. Always consult your pediatrician or other qualified healthcare provider before making any decisions related to your child’s health and safety.

You acknowledge that circumstances may vary and any information provided on this Site may not apply to or be suitable for your specific situation. Reliance on any information provided by BooginHead is done entirely at your own risk.

Disclaimers

Your access to and use of the Site is at your sole risk. The Site and all Site materials are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied.

BooginHead expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

BooginHead makes no warranty that Site access will be uninterrupted, timely, secure, or error-free. You understand that you must implement adequate security and backup precautions.

Without limiting the generality of the foregoing:

BooginHead makes no representations or warranties regarding any third party content, including User Content or Third Party Materials, that may be accessible through the Site. Use of such content is entirely at your own risk.
BooginHead makes no representations or warranties that any User Content, Third Party Materials, or other content you access or submit does not violate third party rights or applicable laws. You are solely responsible for evaluating the legality and appropriateness of any content.
BooginHead does not guarantee that Product descriptions, colors, sizing, or other details are accurate, complete, reliable, current, or error-free despite good faith efforts. Reliance on any Product information is at your own risk.
BooginHead does not guarantee that prices or availability of any Products are accurate or current or that any particular Product will be in stock or available for purchase.
BooginHead cannot guarantee delivery of any Products within a specified timeframe. Shipping dates are estimates only.
BooginHead does not guarantee that shipments will not encounter delays or damage from the carrier. You are solely responsible for notifying BooginHead of any shipping issues.

To the maximum extent permitted by law, BooginHead expressly disclaims any and all liability for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages, including without limitation lost profits, loss of use, loss or corruption of data, business interruption, personal injury, or any other pecuniary loss, arising from or related to this Site or any Site materials, whether based in contract, tort, strict liability or otherwise.

Limitation of Liability

Under no circumstances shall BooginHead be liable for any damages arising from use of the Site or reliance on any Site materials. This includes damages for lost profits, personal injury, wrongful death, or other losses or damages related to purchases, payments, shipping, recommendations, information provided, User Content, Third Party Materials, or any other Site materials.

Some jurisdictions do not allow limitations of liability for incidental, consequential, or other types of damages. In such cases, the above limitations may not apply to you.

In no event shall BooginHead’s total liability for any claims arising from or related to the Site exceed fifty U.S. Dollars ($50 USD).

Indemnification

You agree to defend, indemnify, and hold BooginHead and our affiliates and subsidiaries, and our respective officers, directors, shareholders, employees, agents, licensors, vendors, successors, and assigns harmless from any and all claims, actions, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

Your use or misuse of the Site or Site materials;
Your User Content;
Your violation of these Terms;
Your violation of any applicable laws or third party rights.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate in that defense. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any claim, action or proceeding subject to indemnification within a reasonable time upon becoming aware of it.

Governing Law and Venue

This Agreement shall be governed by the laws of the State of Tennessee without regard to conflict of law principles. If any provision of this Agreement is held unenforceable or invalid, then such provision will be modified to reflect the parties’ intentions, and the remaining provisions of this Agreement will remain in full force and effect.

You agree that any action related to these Terms or your use of this Site shall be brought exclusively in the state or federal courts located in Davidson County, Tennessee. You hereby irrevocably consent to personal jurisdiction and venue in such courts.

Termination

BooginHead reserves the right, in our sole discretion, to restrict, suspend, or terminate your access to the Site at any time for any reason without notice or liability. We may change, suspend, or discontinue any aspect of the Site at any time.

BooginHead may also impose usage limits or restrict your access to parts of or the entire Site without notice or liability. You acknowledge BooginHead has no obligation to retain any User Content or other materials you submit through the Site.

Amendments

BooginHead reserves the right to modify these Terms at any time by posting the revised Terms on this Site. Amendments are effective upon posting. Your continued use of the Site after any amendments constitutes your acceptance of the revised Terms.

Entire Agreement

These Terms constitute the entire agreement between you and BooginHead relating to use of the Site and supersede any prior or inconsistent agreements, representations, warranties, or communications regarding your use of the Site.

If you have any questions about these Terms, please contact us at:

BooginHead LLC
500 Interstate Blvd S
Nashville, TN 37210
Email: [email protected]

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