The Boppy Company LLC
Terms of Use and Sale
Last updated: December 13, 2023
These Terms of Use and Sale (the “Terms”) are a legal and binding agreement between you and The Boppy Company, LLC, a Colorado limited liability company, in conjunction with its parent company and other affiliates (collectively, the “Company”, “we”, “us”, or “our”), which govern your access and use of the website located at www.boppy.com (the “Site”), all content, features, functionality, and offers made available through the Site (the “Online Services”) and your placement of orders for the products available on the Site (the “Products”).The “Site” includes by definition, and these Terms apply to, the Site itself, and any web pages, interactive features, applications, blogs, social networks, social network tabs, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR VISITING THE SITE AND ONLINE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT VISIT THE SITE OR USE THE ONLINE SERVICES. BY VISITING THE SITE OR USING THE ONLINE SERVICES, YOU EXPRESSLY AGREE, TO THE SAME EXTENT AS IF YOU HAD SIGNED THESE TERMS, TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE SITE.
The Company reserves the right to change these Terms at any time and for any reason. All changes will be effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last updated” date above. Your continued access to and/or use of the Site after any such modifications constitute your acceptance of these Terms as modified. Also, please check this page of the Site periodically to see if any updates have been posted. If you violate these Terms, the Company may terminate your use of the Site or the Online Services, bar you from future use of the Site or the Online Services, and/or take appropriate legal action against you.
1. Permitted Use.
Company hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site and Online Services solely for your personal, non-commercial use in accordance with these Terms. You shall not in any way otherwise copy, transmit, display, reproduce, license, duplicate, download, publish, modify, or otherwise distribute, create derivative works from, sell, or exploit the Site or Online Services, unless otherwise specifically authorized in writing by the Company.
2. Ownership and Intellectual Property Rights.
The Site, Online Services, and all the content (images, illustrations, audio/video clips), software systems, technology, and know-how (“Company Content”) are each the property of the Company, its licensors, and/or its suppliers, and are each protected by U.S. copyright, trademark, trade dress, patent, and/or other intellectual property and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and Online Services are owned or licensed to Company, its licensors, and/or its suppliers and protected by U.S. and international trademark laws (collectively, the “Marks”). You agree that Company and its licensors own and retain all right, title, and interest (including all intellectual property rights) in and to the Site, Online Services, Marks, and Company Content (collectively, the “Company Intellectual Property”).
Nothing herein shall confer any grant or license of any Company Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibiting from using any Company Intellectual Property.
3. Access and Interference.
You also agree not to deep-link to the Site for any purpose, unless specifically authorized by the Company to do so. You may not frame, mirror, or utilize framing or mirroring techniques to enclose any Company Intellectual Property, logo, image, text, page, layout, information, graphics, or other portion or aspect of the Site, or incorporate into another website, application, or other service any Company Intellectual Property. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or Marks without the Company’s express consent. Any unauthorized use terminates the permission or license to access the Site.
Without the Company’s express consent, you agree that: (i) you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or any of the content contained thereon or for any other purpose; (ii) you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (iii) you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (iv) you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site.
4. Unauthorized Use of the Site.
You shall not:
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- adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, Online Services, or any Company Content or Company Intellectual Property;
- prepare derivative works based on the Site, Online Services, or any Company Content;
- remove, obscure, or modify any copyright, trademark or other proprietary rights notices, Marks or labels contained on or within the Site, Online Services, Products, or any Company Technology
- use the Site, Online Services, or the Company Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- interfere with any access control measures or attempt to disable or circumvent such security features;
- post, transmit, submit, or include any viruses, code, or programming routines intended to damage the Site or Online Services;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the publicity, privacy, or other proprietary rights of Company, its licensors, or any other person or entity related to the Site, Online Service, or Products.
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We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, the Online Services, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms and/or applicable law.
Any unauthorized use automatically terminates the license granted to you hereunder.
5. Accounts.
As part of the Online Services you may be required or allowed to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You shall maintain the confidentiality and security of the information you hold for your account login or information for orders made from your account. You agree to notify us immediately of any unauthorized use of your login or payment information. You are responsible for all activities that occur under your account. You agree that you will not maintain more than one account at any given time. You agree to notify us immediately of any unauthorized use of your password or any other breach of security. You will not create or use an account for purposes of reselling Products or for any other unauthorized commercial purpose. You agree not to create any account if we have previously removed you from having an account. Company shall not be liable for any loss or damage arising from your failure to comply with these obligations. Company may reject any order of any Products for any reason in its sole discretion.
6. Placing an Order.
Each order that you place with us constitutes an offer to purchase. Our confirmation of receipt of your order does not constitute acceptance of your order. We are only deemed to have accepted your order once the Product(s) you have ordered have shipped. Placing an order in your shopping cart does not guarantee the availability of the Products. All orders are subject to availability. Once an order has been placed, you have 12 hours to cancel, change, or modify your order. Items that are in stock will ship immediately. If an item is not in stock, LifeToGo will contact you with an estimated delivery date. We reserve the right to decline your order in the event: (i) that we or our agents are unable to obtain authorization for payment, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, unauthorized reselling or another violation of these Terms, (iii) the order is connected with a previous payment dispute, (iv) if shipping restrictions apply to a particular item, or (v) we do not have the item in stock. If any Product is discontinued or otherwise becomes unavailable, we reserve the right to cancel your order and provide you a refund for the amount paid for the Product.
We do not sell Products through our Site to persons under the age of 18.
7. Returns and Exchanges.
Company shall not be obligated to accept returns. No return will be accepted unless approved in writing by Company. Returns of worn, used, and/or embellished Products will not be accepted. Authorized returns may be subject to a fifteen (15%) restocking fee.
8. Payment.
Payment will be debited and cleared from your account upon order confirmation. In filling out the payment requirements, you confirm that you are an authorized user of the credit or debit card or other payment method. You agree to pay any and all charges listed in the checkout process when you submit an order in accordance with the fees, charges, and billing terms in effect at the time the charge is due and payable. All credit or debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of the credit or debit card rejects authorization of payment to us, we will not be held liable for any delay or non-delivery. You agree to immediately notify us of any change in your billing address.
We may use a third party service provider for payment services (e.g., credit transaction processing, merchant settlement and related services). Information you submit to the Site will be transmitted and shared with these third parties in order to provide the Product. We reserve the right at any time to change billing methods, either immediately upon posting to the Site or by email delivery to you. Payment value will be in US dollars unless otherwise specified on our Site.
9. Pricing Information.
Pricing, including to the total amount to be charged to you, will be displayed during the checkout process before you submit your order. All prices and Products, even after you submit your order, are subject to change. For more information about Product pricing, please visit the page for that Product on our Site.
10. Taxes and Shipping Charges.
We charge sales tax for orders delivered in the United States as required by applicable state law. All shipments are handled by either USPS, UPS, or FedEx. A shipping, handling, and insurance charge is added to each order. Our Online Services and Product delivery are currently available for customers billing and shipping within the United States.
11. Disclaimer.
We reserve the right to: (i) refuse any order you place with us, (ii) correct any errors, inaccuracies or omissions (including the price) with regard to the Products offered, (iii) change or update information in connection with any Products offered, (iv) modify or cancel your order, even after your order has been confirmed, without notice or liability to you, and (v) limit, reject, modify or cancel orders, in our sole discretion, that appear to be placed by resellers or unauthorized parties.
12. Resale.
You may purchase Products through the Site only for your personal use, and not for resale. By ordering a Product through the Site, you agree that you will not resell the Product. The Company reserves the right to reject your order if it determines, in its sole discretion, that your order may be intended for resale or otherwise violates any Company policies.
13. Product Descriptions.
Product images and descriptions are subject to change without notice. All Products are photographed to show as much detail as reasonably possible. Some items may appear larger or smaller than their actual sizes, and are not shown to scale. The item descriptions may indicate approximate dimensions. Company does not warrant that Product descriptions are accurate, complete, reliable, current, or error-free. If you have any questions regarding the size, color, or any other physical aspect of a particular item, please contact us at info@boppy.com.
14. User Content.
The Site may provide certain Online Services that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials ("User Content") on or through the Site. Any User Content that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant us and our affiliates and service providers, and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (a) you own or control all rights in and to the User Content and have the right to grant the license granted above; and (b) all of your User Content do and will comply with these Terms.
By posting any User Content to the Site, on the Internet, including but not limited to on social media websites such as Facebook, Instagram, Twitter, and Pinterest, and/or incorporating the hashtag #BoppyLove, #Boppy, #BoppyPillow, #BumpSpotlight, or by responding to Boppy's photo rights request with the hashtag #ShareMyBoppy, you agree that as between you and the Company, you own all User Content and information you post or share. You further grant permission to the Company a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Company marketing purposes, including but not limited to catalogs, email, and other customer communications, store materials, social media, and other marketing.
The Company may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote the Company or the Site. The Company’s license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that you own all rights to your User Content or, alternatively, that you have the right to give the Company the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
The Company may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.
You understand and acknowledge that you are responsible for any User Content you submit, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
We have the right to:
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- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, in our sole discretion.
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Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS.
We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
15. Infringement Notices and Takedown.
We prohibit the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Site infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement received and will take appropriate action as required by the Digital Millennium Copyright Act, or DMCA. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
Attn:
The Boppy Company LLC
350 Indiana Street, Suite 800
Golden, CO 80401
Email: IPDept@boppy.com
To be effective, the notification must be in writing and contain the following information (DMCA,17 U.S.C. §512(c)(3)):
A. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
D. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
16. Disclaimers of Warranties.
THE SITE, ITS CONTENT, PRODUCTS, AND ONLINE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE”BASIS. THE COMPANY CANNOT ENSURE THAT INFORMATION YOU ACCESS OR FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE INFORMATION, CONTENT, MATERIALS, ONLINE SERVICES, OR PRODUCTS CONTAINED HEREIN OR THE OPERATION OF THE SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE. THE COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAY DISCONTINUE ANY ASPECT OF THE SITE, DISCONTINUE ANY PRODUCT OFFERINGS, OR THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE SITE ANY TIME. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE.
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, ADVERTISERS AND/OR OTHERS ON THE SITE, IN CONNECTION WITH THE SERVICES, PRODUCTS OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICES OR THE PRODUCTS.THE COMPANY IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, OR ACTIONS OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
17. Limitation of Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE PROHIBITED, IN NO EVENT WILL THE COMPANY, ITS BUSINESS PARTNERS AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ONLINE SERVICES OR THESE TERMS, HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION, LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) ARISING FROM THE SITE OR ONLINE SERVICES AND/OR THESE TERMS, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS.
18. Electronic Communications.
When you visit the Site, post to the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices to the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. Links and Search Results.
The Site may contain references or links, or produce search results that reference or link to third party web sites. The Company has no control over these sites or the content within them. The Company does not guarantee, represent, or warrant that the content contained in any third party site is accurate, legal, or inoffensive. The Company does not endorse the content or messages of any third party site, nor does the Company warrant that such sites will not contain viruses or otherwise affect your computer. By using the Site to search to or to link to another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your use of the Site.
20. Disputes; Governing Law; and Jurisdiction.
The Site is controlled and operated by the Company from its offices in the United States. If there is any dispute which, in any manner, involves, arises out of, or relates to the Site or these Terms, including, without limitation, your use of the Site, then by using the Site, you agree that (i) all such disputes and these Terms shall be governed by and construed in accordance with the laws (both substantive and procedural) of the State of Colorado, without the application of the conflict of laws principles except that the federal laws of the United States of America shall be the governing laws, to the extent required, with respect to issues involving intellectual property rights, and (ii) in connection with any litigation of any such disputes arising between or among the parties, you hereby consent to the exclusive jurisdiction and venue in the courts located in Colorado. YOU HEREBY KNOWINGLY,VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS,COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
21. Indemnity.
You agree to indemnify and hold the Company and its licensors, officers, agents and other partners and employees, harmless from any loss, liability, claim, cause of action, damages, costs, expenses or demand, including without limitation reasonable attorneys’ fees, made by any third party which, in any manner arises out of or relates to your use of the Site or any violation of these Terms.
22. Violation of Terms.
You understand and agree that in the Company’s sole discretion, and without prior notice, the Company may terminate your access to the Site or exercise any other remedy available, if the Company believes that you have in any manner violated these Terms or the law. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these Terms and you consent to injunctive or other equitable relief for such violations. The Company may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address any unlawful or harmful activity.
23. Comments.
If you have any comments or questions, please email us at info@boppy.com. You can also write to us at: The Boppy Company, LLC, 350 Indiana Street, Suite 800, Golden, CO 80401, ATTN: Boppyhood.
24. Miscellaneous.
These Terms constitute the entire agreement and sets forth the entire understanding between you and the Company, with respect to the subject matter hereof, and supersedes all previous agreements, covenants, arrangements, discussions and negotiations, whether written or oral with respect thereto. The waiver or failure of the Company to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any further right. In the event any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the validity and enforce ability of the enforceable portion of any such provision and/or the remaining provisions of these Terms shall not be affected thereby. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Company is not liable for delays in performance caused by circumstances beyond its reasonable control. Such causes included, but are not limited to, acts of God, changes in law, embargoes, war, terrorists acts, pandemics, epidemics, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, and acts hackers or third-party service providers.