Bareboo.com Terms of Service:

Table of Contents:

Overview
Online Store Items
General Conditions
Accuracy, Completeness and Timeliness of Information
Payment Terms
1. Price
2. Promotions, Discounts, or Sales
3. Payment Methods
Modification to the Services and Prices
Products or Services
Accuracy of Billing and Account Information
Returns Policy
Third-Party Links
User Comments, Feedback, and Other Submissions
Procedure for Making Claims of Infringement
User Conduct
1. Ownership
2. Specific License
3. Prohibited Use
Personal Information
Errors, Inaccuracies, and Omissions
Warranty Disclaimer
Disclaimer of Warranties; Limitation of Liability
Indemnification
Severability
Termination
Entire Agreement
Governing Law/Arbitration
1. Governing Law
2. Binding Arbitration
Change of Terms of Service
Contact Information

Last Updated: 5/10/2024

NOTICE: By agreeing to these Terms of Service, you agree that you are required to resolve any claim that you may have against Bareboo on any individual basis in arbitration. This agreement is set forth in Section 20(b) below.

1. OVERVIEW:

This Service is operated by Bareboo Inc. The term “Service” as used in these Terms of Service refers to the Bareboo website, app, and any widgets. Throughout the Service, the terms “we”, “us”, and “our” refer to Bareboo. Bareboo offers this Service, including all information, tools and services available from this Service to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By interacting with our Service and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to the Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

Our store is hosted using a third-party service. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2. ONLINE STORE ITEMS:

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Service.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. GENERAL CONDITIONS:

We reserve the right to refuse service to anyone for any reason at any time. When you place an order on the Service, you are effectively offering to purchase whatever product you select.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or

Credit card information is always encrypted during transfer over networks.

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

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Service is not accurate, complete or current. The material on this Service 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 Service is at your own risk.

This Service 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 Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service.

5. PAYMENT TERMS

Price

All applicable prices are set forth alongside the goods offered on the Service. They may differ from the prices offered elsewhere (online or offline) by us for the same goods. All prices are subject to change at any time at our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any (i) applicable sales, use, excise, and related taxes; and (ii) applicable shipping and handling charges.

Promotions, Discounts, or Sales

To the extent that we offer a promotion, discount, or sale in connection with any particular item, the terms of such offer shall be set forth on the Service that shall govern its applicability.

Payment Methods

Payment may only be made with a valid credit or debit card, or through third party payment vendors we may engage with, such as Apple Pay. By using any such card, you are hereby representing and warranting your full right and authority to make such purchase without violating any applicable law, rule, or regulation.

6. MODIFICATION TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Service is void where prohibited.

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.

8. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We refuse the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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 provide current, complete and accurate purchase and account information for all purchases made through our Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Bareboo is not responsible for any delays in product shipment. For more detail, please review our Returns Policy below.

9. RETURNS POLICY

If you are not totally satisfied with your purchase, please send an email to support@bareboo.com within 30 days of your purchase, and we will provide a return authorization and mailing information. Simply return the gently used portion, and we will provide a refund for the full amount of your purchase, minus shipping.

To return a product, please send an email to support@bareboo.com and we will provide a return authorization and mailing information. Our warehouse does not accept returns. We cannot ensure that we will be able to properly locate and handle your return without the return authorization and the correct return address. We're sorry, but shipping fees are nonrefundable. You will be responsible for paying for your own shipping costs when returning your item. We cannot guarantee that we will receive your returned item, so please keep the tracking information for your package in case it is needed.

Once your return is received, please allow up to three business days for your refund to be processed. You will receive a return confirmation email once your refund has been processed; the amount will be posted to your bank account within 5-10 business days. Refunds will be issued to the original form of payment for the amount of the item(s) plus sales tax. Returns for orders paid by gift cards will be processed to a new gift card that will be emailed to the customer’s original email. If your return has been rejected after inspection, we will notify you via email.

Please note: Only items purchased through the Service may be accepted for return.

10. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

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 of Service.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review

carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

11. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 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 are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Website Copyright Policy

Bareboo respects the intellectual property rights of others and expects our users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), Bareboo has implemented procedures for reporting instances of copyright infringement.

If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through the Service infringes your copyrighted work, you may send a written notice of copyright infringement to our designated agent, whose contact information is listed below:

The notice of copyright infringement should provide the following information:

A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works).
A description of the material on our service that you claim is

Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).

Your contact information, including your address, telephone number, and an email
A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your physical or electronic signature (typing your full legal name is sufficient).

Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant's contact information, to the user who posted the allegedly infringing content.

It is also the policy of Bareboo, in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of users who are repeat copyright infringers.

12. PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT

At Bareboo, we respect the intellectual property of others. We do not allow any content that infringes upon intellectual property, including but not limited to copyright, trademarks, and patents. Use of protected content of others without proper license or authorization may lead to removal of the content. We may ask you for documentation to prove that you are entitled to use the protected material of others. If you believe that your protected work has been copied and is accessible on the Service in a way that constitutes infringement, please contact us to report possible infringement at support@bareboo.com.

13. USER CONDUCT

Ownership

All content included on this Service is and shall continue to be the property of Bareboo. Any copying, redistribution, reproduction, reselling, or creation of derivative works by you or any such content or any part of the Service is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Service.

Specific License

Except as necessary in order to refer to Bareboo, you are expressly prohibited from using any Bareboo content in any manner. Bareboo hereby grants you limited permission to use the content on the Service subject to these Terms, as long as the use of such Bareboo content is solely for your personal, informational use.

Prohibited Use

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content:

For any unlawful purpose;
To solicit others to perform or participate in any unlawful act

To violate any international, federal, provincial or state regulation, rules, laws, or local ordinances;

To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
To reproduce, duplicate, copy, sell, or resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Bareboo;
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
To submit false or misleading information;
To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
To collect or track the personal information of others
To spam, phish, pharm, pretext, spider, crawl, or scrape;
For any obscene or immoral purpose; or
To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right terminate your use of the Service or any related website for violating any of the prohibited uses.

14. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

15. ERRORS, INACCURACIES, AND OMISSIONS

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 websites has been modified or updated.

16. WARRANTY DISCLAIMER

Except as expressly provided otherwise and to the maximum extent permitted by law, the Service and all materials, information, postings, opinions or services on the Service linked from the Service, and products sold on the Service are provided “as-is” and “as available” without warranty of any kind, and Bareboo and its suppliers, third-party service providers, and partners (hereinafter referred to as “suppliers”) hereby expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and Bareboo does not represent or endorse the accuracy, currentness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service.

17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us)

provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bareboo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages and disclaimer of implied warranties, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bareboo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents the third-parties incorporate by reference, or your violation of any law or the rights of a third-party.

19. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Service.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. These Terms and the Site’s Privacy Policy (https://bareboo.com/pages/privacy-policy) shall, collectively, be deemed a final and integrated agreement between you and us with respect to your use of the Service.

22. GOVERNING LAW / ARBITRATION

Governing Law and Venue

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.

The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.

Binding Arbitration (“Arbitration Agreement”)

You agree to give up (i) your right to litigation any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class- action claim that may arise hereunder any manner or forum.

Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties.

This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version thereof. As stated above, you expressly waive any right to consolidate any claim and/or participate in any class- action claim of any kind or nature. This Section 22(b) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

23. CHANGE OF TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Service. It is your responsibility to check our Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

24. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@bareboo.com.

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Terms of Use