TERMS OF SERVICE

PLEASE READ THESE TERMS (ALONG WITH OUR PRIVACY POLICY AND COOKIE POLICY, THE “TERMS”) FULLY AND CAREFULLY BEFORE USING https://shopbossbash.com/ (THE "SITE") AS IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR THE USE OF THE SITE. IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE SITE OR ANY OF OUR SERVICES.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. By visiting and using the Site, purchasing something from us, or accessing links to our social media accounts, you engage in our “Service” and agree to these Terms and all other operating rules, policies, and procedures and any amendments hereto that may be published from time to time on the Site, each of which is incorporated by reference.

IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE AND PURCHASE OF OUR PRODUCTS, AS STATED FULLY IN THE "DISPUTE RESOLUTION" SECTION BELOW.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

KEY TERMS

Pursue and Party, LLC dba Boss Bash, and its affiliated entities, are referred to herein as "Boss Bash," "we," or "our."

"Site" means the website https://www.shopbossbash.com/, including all of its domains and subparts and any of our accounts or pages on social media platforms, such as, but not limited to, FacebookInstagramTiktok or Etsy.

"Terms" refers to the terms and conditions of these Terms of Use, along with our Privacy Policy and Cookie Policy.

"Content" refers to logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all rights, titles, and interests in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.

"User" means any visitor to the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content, regardless of whether the visitor registers for the Site or purchases any products from the Site and is referred to herein as "User" or "you."

"User Content" refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.

ELIGIBILITY TO USE THE SITE

By visiting or using the Site, you agree that you are at least eighteen (18) years of age to use the Site, or if you are a resident of the EU, at least sixteen (16) years of age. If you are under the age of 18, you agree that a parent or legal guardian agrees to these rules on your behalf, and you are capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.

INTERNATIONAL USERS

Our Site is controlled, operated, and administered from our offices in Arizona, United States of America. We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and access to Content is prohibited from territories where the Content or products available through the Site are illegal. You may not use the Site or export its Content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable. We may ship to certain locations outside the United States, and reserve the right to apply additional shipping and handling charges to any orders shipped outside the United States.

GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services will be governed by the laws of the State of Arizona. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.

CHANGES TO TERMS

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms on this page. You can determine when these Terms were last revised by referring to the "UPDATED" legend at the bottom of these Terms of Use. Your continued use of the Site will constitute your acceptance of the current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Boss Bash will be applied.

YOUR ACCOUNT

You may be required to register with Boss Bash in order to access certain services or areas of the Site. Concerning any such registration, we may refuse to grant you the username you request. We have the right to make you change your username for any reason. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Boss Bash, including those outlined in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders (i) if you breach or violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease. 

PRIVACY POLICY AND COOKIE POLICY

Users of the Site should refer to our Privacy Policy for information about how we use and collect information, which may be accessed by clicking on the following link: https://shopbossbash.com/pages/privacy-policy/ (as may be updated from time to time). You agree that we may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Privacy Policy and Cookie Policy and that those policies will govern our collection and use of your personally identifiable information to the extent permissible by law.

RULES OF CONDUCT AND GENERAL PROHIBITIONS

You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever. In using the Site, you further agree not to do any of the following:

  • post, publish, submit, or otherwise transmit any Content that (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is violent, defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; or (iv) promotes illegal or harmful activities or substances including regulated goods, such as non-medical drugs, pharmaceutical drugs, or marijuana;
  • disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites;
  • disrupt or interfere with any other User’s enjoyment of the Site, or affiliated or linked websites;
  • post, publish, submit, or otherwise transmit through or on the Site any worms, viruses, or any other code of harmful, disruptive, or destructive files;
  • spam, phish, pharm, pretext, spider, crawl, or scrape;
  • use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent;
  • use meta tags or other “hidden text” utilizing our name, trademark, or product name without our express written consent;
  • deep-link to the Site without our express written consent;
  • create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
  • collect or store personal data about others;
  • attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and
  • encourage or enable another User or individual to do any of the foregoing prohibited activities.

By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.

If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site under these Terms may subject you to civil or criminal penalties.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, "you" or "your" will refer and apply to that company or other legal entity.

RIGHT TO USER CONTENT POSTED BY YOU

By making any User Content available to or through the Site, such as certain specific submissions at our request (i.e. contest entries) or without a request you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, by phone, or otherwise, you will remain the owner of your User Content, but hereby grant Boss Bash a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to you and/or other Users, and also in connection with the advertising of our products and services. You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.

In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant Boss Bash the right to use your copyright in such User Content. We also have all rights, titles, and interests in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, violates any party’s intellectual property or these Terms. We may alter, adopt, and edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. We are not obligated to respond to any comments, make use of any of your User Content, or exercise any of the rights granted by these Terms.

You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant Boss Bash the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Boss Bash on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further agree that your comments will not contain libelous or otherwise unlawful, offensive, threatening, defamatory, pornographic, abusive, or obscene material, or otherwise objectionable, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website, or in any way violates these Terms of Service. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. 

You can remove your User Content by specifically deleting it. You may also request that we delete your User Content by sending a request to info@shopbossbash.com and specifically identifying the User Content. We will make reasonable efforts to delete such User Content. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. 

INDEMNIFICATION

You will defend, indemnify, and hold harmless Boss Bash, and our parent, subsidiaries, our affiliates, partners, and each of our and their respective officers, directors, employees, contractors, licensors, service providers, subcontractors, suppliers, interns, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your access or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects Boss Bash or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, an infringement by you of any intellectual property rights owned by Boss Bash or any third party; (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Boss Bash in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.

COPYRIGHTS AND TRADEMARKS

The Site, including all of the Content, is protected by copyright, trademark, other proprietary rights, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site. 

Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, screenshotting, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.

DMCA/COPYRIGHT POLICY

It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. Also, we may terminate access by Users who appear to infringe on the intellectual property or other rights of others.

We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe we or any User of the Site has infringed your copyright in any material way, please notify Boss Bash and provide the following:

  • an identification of the intellectual property right claimed to have been infringed;
  • an identification of the material you claim is infringing so that we may locate it on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing or the law;
  • a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
  • that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by writing to the attention by email to info@shopbossbash.com, by phone at +1 (480) 604-2491, or by writing to 2487 S. Gilbert Rd., Ste 106-229, Gilbert, AZ 85295. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any potentially infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the applicable material along with that of the alleged infringer pending resolution of the matter. We have an absolute right to remove any such User Content or other material from the Site at our sole discretion at any time.

LINKS TO THIRD-PARTY WEBSITES

The Site may contain links to third-party websites or services and advertisements for third parties (collectively, the "Third Party Sites & Ads"). Such Third-Party Sites & Ads are not under our control and we are not responsible for any Thirty Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and are not responsible for examining or evaluating the content or accuracy of products, or services on or available from those Third Party Sites & Ads. We do not warrant and will not have any liability or responsibility for any harm or damages related to third-party websites, materials, or the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. You acknowledge sole responsibility for and assume all risk arising from your use of Third Party Sites & Ads. The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by Boss Bash of the Third Party Sites & Ads or any information contained therein. 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 may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.

PRODUCT SATISFACTION AND RETURN POLICY

Our goal is 100% customer satisfaction with our Service and if, for any reason, you are not completely satisfied with your order or any of our products, please contact us at info@shopbossbash.com. We would appreciate your careful consideration of the Service and products available on the site, and we advise you to make your purchases carefully. Be sure to check available size charts and product descriptions for each item before checkout. Due to the customized nature of our products, we do not currently offer exchanges or refunds. If your product is defective or damaged during shipment, please contact us within 7 days of delivery so we can send a replacement. For additional information about returns and exchanges, please see https://shopbossbash.com/pages/faq.

PRODUCT DESCRIPTIONS

We have taken reasonable precautions to ensure that all product descriptions, prices, and other Content on the Site are correct and fairly described. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. However, as the actual colors you see will depend on your monitor or screen and other factors associated with your device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor or screen will be accurate. 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right but are not obligated 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.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

By placing an order on this Site, you are making an offer to Boss Bash. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer if there has been a material error in the description of the product, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise.

ONLINE PURCHASES

If you wish to purchase any product or Service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Boss Bash the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All purchases of physical items from Boss Bash are made pursuant to a shipment contract. This means that the risk of loss and title of such items passes to you upon our delivery to the carrier.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice, at our sole discretion. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) modify, limit the available quantity of or discontinue any product or service per person, per household, or per order; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. 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. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may apply to your Transactions.

ORDER AND PAYMENT INFORMATION

If you use the site or other means to purchase a product or service, payment must be received by Boss Bash prior to our acceptance of an order, unless otherwise agreed to by us in advance. All of our products are subject to sales tax, which will be applied to your order total. We may need to verify the information you provide before we accept an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is canceled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. We expressly condition acceptance of your order on your agreement to these Terms.

We will add applicable shipping and handling fees to your charges, as stated in your order. We reserve the right to reject orders where the stated delivery address is outside the United States.

GIFT CARDS TERMS AND CONDITIONS

Gift Cards may be redeemed by entering the 12-digit Gift Card ID number at checkout. There is no limit to the number of Gift Cards that may be applied per order. Gift cards may be used only toward the purchase of products or services available on the Site. Gift cards may not be used to purchase gift cards. If a purchase exceeds the amount of the gift card(s) used, the balance must be paid with a credit card or other available payment method.

Gift cards have no monetary value other than in connection with the purchase of products on the Site. You can check the balance of your gift card by logging into your account or, if you do not have an account and are proceeding as a guest on the Site, via a link in the shopping cart during checkout. If you have an account, the gift card balance will be available by logging in to your account after the gift card has been linked to that account. Gift cards may be linked to an account by registering the 12-digit gift card number where prompted when logged into that account.

Gift cards may be purchased online in any one (1) of the denominations made available on the Site. Promotional offers, coupons, and discounts may not be used toward the purchase of gift cards. ALL PURCHASES OF GIFT CARDS ARE NON-REFUNDABLE AND NON-CANCELLABLE.

Gift cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including, without limitation, via websites, Internet advertisements, email marketing, telemarketing, direct mail marketing, newspaper, and magazine advertisements or radio, Internet and/or television broadcasts) unless you obtain our prior written approval in each instance.

Gift cards are redeemable for products, cannot be redeemed for cash or credit unless required by law, have no expiration date, no dormancy or service fees. The gift card is not a debit or credit card. The gift card may not be resold, transferred for value, or applied to any other account, except and only to the extent required by law; attempted resale is grounds for seizure and cancellation without compensation. Gift cards obtained through unauthorized channels will be considered void. When purchasing a gift card as a personal or business gift, you must enter the name and e-mail address of the recipient, where requested, or the gift card will be credited to your account.

Title and risk of loss for each gift card pass to the recipient immediately upon purchase. We are not responsible if gift card information is lost, stolen, or used without the applicable recipient’s permission. If gift card information is lost or stolen, we may (in our sole discretion) issue a replacement for the balance shown on our records and may require certain verification information from the person requesting the replacement.

We reserve the right, in addition to any other available remedies, to close an end-user’s account or require alternative forms of payment if a fraudulently obtained gift card is redeemed or sought to be redeemed by that end-user.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the 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.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in the Service that 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ANTI-DIVERSION

We are not responsible for any injury or damage that may result from the purchase of products through distributors or retailers who are not authorized distributors or retailers of our products. We are not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.

DISCLAIMER OF WARRANTIES

OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, merchantable quality, fitness for a particular use, durability, title, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or usage of trade. We make no warranty that the services or products available on the Site will meet your requirements or be available on an uninterrupted, timely, secure, or error-free basis. We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You are solely responsible for all of your communications and interactions with other users of the Site and with other persons with whom you communicate or interact as a result of your use of the Site, including any Services provided to you.

In no event will our aggregate liability arising out of or in connection with any warranties relating to our products, Services, or Content, these Terms, and your use of the Site, including, but not limited to, from your purchase of any products via the Site, or from the use of or inability to use the Site, exceed the amounts you have paid or owe for products purchased via the Site in the last twelve (12) month period prior to the event giving rise to your claim of liability. The limitations of liability and damages set forth above are fundamental elements of the basis of the bargain between you and Boss Bash. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER BOSS BASH, OUR DIRECTORS, EMPLOYEES, CONTRACTORS, INTERNS, SERVICE PROVIDERS, AFFILIATES, LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY INJURY, CLAIMS, LOSSES, OR DAMAGES (including, without limitation, compensatory, incidental, direct, indirect, punitive, special, consequential, or exemplary damages), however caused or under any theory of liability – even our own active or passive negligence – arising in connection with (i) the Site; (ii) the use or inability to use the Site; (iii) the use of or reliance on any Content or information displayed in or on the Site; (iv) the purchase or use of any products or Services through the Site or otherwise; (v) unauthorized access to or alteration or loss of your transmissions of data or other information that is sent to or received by the Site; (vi) errors, system down time, network or system outages, file corruption, or service interruptions; or (vii) otherwise under these Terms, whether or not reasonably foreseeable, even if we or our representatives are advised of the possibility of such damages, claims, or losses, and notwithstanding any failure of essential purpose of any limited remedy.

Notwithstanding anything to the contrary herein, our liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you in the last twelve (12) months to Boss Bash for any products or Services supplied by us through your use of the Site or otherwise.

We will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.

The terms of this section survive any termination of these Terms.

TERMINATION

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.

NO THIRD-PARTY BENEFICIARIES

We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Boss Bash. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party in writing, such a third party may enforce the Terms that are assigned, transferred, or sub-contracted.

DISPUTE RESOLUTION

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

WE EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO OUR PRODUCTS, SERVICES, THESE TERMS, INCLUDING OUR PRIVACY POLICY AND COOKIE POLICY, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY CONFIDENTIAL BINDING ARBITRATION, EXCEPT THAT each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Arizona and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

YOU ACKNOWLEDGE THAT YOU AGREE THAT BOTH YOU AND BOSS BASH ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.

ARBITRATION RULES

The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling +1 (800) 352-5267. The parties expressly agree that JAMS may not administer any multiple claimants or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.

DISPUTE NOTICE AND ARBITRATION PROCESS

Prior to initiating an arbitration proceeding, you must first send Boss Bash a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to Boss Bash must be emailed to the attention of info@shopbossbash.com. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party that desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.

ARBITRATION LOCATION AND PROCEDURE

Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR’S DECISION

The arbitrator's decision will include the essential findings and conclusions of the law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Boss Bash will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

TIME LIMIT FOR RESOLVING DISPUTES

The parties agree that any cause of action either may have concerning the Site or our products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.

The terms of this Dispute Resolution section survive any termination of these Terms.

RIGHT TO OPT OUT OR REJECT FUTURE CHANGES TO THE DISPUTE RESOLUTION SECTION

You may elect to opt out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter via nationally recognized overnight courier to the attention of Boss Bashh, at 2487 S. Gilbert Rd., Ste. 106-229, Gilbert, AZ 85295, within thirty (30) days of your first visit to and use of the Site that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event that you opt out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.

Notwithstanding the provisions of the “Changes to Terms of Use” section above, if Boss Bash changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending Boss Bash written notice (including by email to info@shopbossbash.com) within thirty (30) days of the date such change became effective, as indicated in the "Updated" date below. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Boss Bash in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

GENERAL TERMS

These Terms constitute the entire and exclusive understanding and agreement between Boss Bash and you regarding the Site, Content, Services, and products that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Boss Bash regarding the Content, Services, or products provided on the Site (including, but not limited to, any prior versions of the Terms). If for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Boss Bash under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Boss Bash. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Boss Bash, and you do not have any authority to create any obligation on our behalf. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Nothing on the site, or offered through its services or products, is intended to be legal or financial advice and is for educational purposes only unless clearly marked otherwise.

CONTACT INFORMATION

If you have any questions about these Terms, please contact Boss Bash at 2487 S. Gilbert Rd., Ste 106-229, Gilbert, AZ 85295, or by email at info@shopbossbash.com.

UPDATED: March 8, 2023