YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, FULLY UNDERSTAND AND FULLY ACCEPT THE TERMS OF THIS PURCHASE AGREEMENT AND REFUND POLICY
Dear Valued Customer–
We encourage you to read the following Purchase Agreement because its provisions may impact on you. The legalese of this agreement is presented below. Enjoy the read and congratulations on your choice. We wish you every success!
THE BOOMER BOOST TEAM
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL Boomer Boost Products TO YOU, AND YOUR ORDER FOR Boomer Boost WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS. YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.PARTIES TO THIS AGREEMENT AND DISCLAIMER The parties to this agreement are Boomer Boost, the owners of Boomer Boost, the dev.boomerboost.com website and/or its owners, agents, servants and/or employees, (Hereafter referred to as “SELLER,”) and you, the prospective purchaser, (Hereafter referred to as “BUYER”). Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “THIRD PARTY OR THIRD PARTIES.” The recipient of Boomer Boost Products, where a Boomer Boost Product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as ‘RECIPIENT”. SUBJECT MATTER OF THIS PURCHASE AGREEMENT The subject matter of this agreement is Boomer Boost as described in promotional or sales materials on dev.boomerboost.com and/or in an email message that referenced dev.boomerboost.com, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the Boomer Boost product, that is the subject matter of this Purchase Agreement. The Boomer Boost product may be termed ‘product’ throughout this agreement but the word ‘product’ shall mean the Boomer Boost product that is offered for sale as described in sales or promotional materials.
Buyer warrants an understanding that the Buyer has no license, permission or right to duplicate the Boomer Boost product in any form or to sell it, distribute it or redistribute it, whether for profit or not for profit, to any person or entity for any reason.
The Buyer must pay the full consideration for the Boomer Boost product that the Seller requires as the total price of the product. This consideration includes not only the purchase price, but also other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls and/or text messages from the Seller and/or telemarketing organizations and/or pollsters for the purpose of solicitation related to the product or any other product or service. Buyer agrees to post-sale contact from joint venture partners of the Seller or from others who have a commercial relationship with the Seller. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be shared, rented or sold to third parties. However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the ‘unsubscribe’ link in solicitations.
Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer’s agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred to Buyer by the Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he or she retains all rights to directly restrict communication or solicitation from any party, including the Seller.
The Buyer agrees to allow the Seller to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic or other means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
The Buyer understands that cookies will be placed on his or her hard drive that will provide information to the Seller and which are necessary for delivering an email related to Boomer Boost or other products and which will be able to determine if you retain the right and desire to receive shipments of the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Seller’s computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties and/or VAT taxes are collected at the point of sale by the Seller, the Buyer remains entirely responsible for payment of any/all custom duties and taxes at the time the product is delivered pursuant to Buyer’s instructions. If, for any reason, it should happen that the Seller’s courier or freight account is charged for custom duties and/or VAT taxes, instead of the Buyer paying the referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer’s credit card for said charges or for the return of goods if they are refused at the point of destination.
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, is of legal age to enter into contractual agreements in the state in which he or she is present when he or she completes any purchase from Boomer Boost and is the true and authorized owner of the credit card used to complete any purchases of Boomer Boost Products. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages to Boomer Boost in an amount the equivalent of US$10,000 dollars per each individual fraudulent transaction, plus actual damages, and Buyer further agrees that all information collected by Boomer Boost whether through the Boomer Boost website or by other means may be used for prosecution purposes and may be turned over to law enforcement agencies, credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to perpetrate or actually perpetrates a fraud upon the Seller, then he or she hereby authorizes each and every credit card company and merchant service provider to disclose to the Seller all information that could be construed as proof of fraud, including proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit and personal information pertaining to the Buyer from any source, including credit reporting agencies, and Buyer also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to others, including, but not limited to, credit reporting agencies, credit card companies, merchant service providers, and/or law enforcement agencies.
Buyer agrees that, in addition to paying actual damages to Seller, Buyer will pay Seller liquidated damages in an amount equivalent to US$10,000 for each and every separate fraudulent transaction committed by Buyer against Seller and/or Sellers agents, servants, employees and affiliates or others to the detriment of Seller or Seller’s reputation.
Boomer Boost Products are sold ‘as is’ and without any warranty or guarantee of any kind, whether express or implied. Boomer Boost products are being sold to Buyer with no warranty as to merchantability or fitness for a particular purpose. The Seller warrants and guarantees absolutely nothing to Buyer in terms of the Boomer products. There is no ‘warranty period’. There is only a refund period as described herein.
However, without waiving any rights and defenses as described herein, in the event that the Boomer Boost product is deemed to be allegedly defective in the sole opinion and discretion of Seller, then the sole and exclusive remedy available to Buyer is to accept a replacement of the Boomer Boost product or accept a credit toward the purchase of another product, if any, that may be offered by the Seller from time to time at Seller’s sole discretion. The period of time within which the Buyer must submit a report by email detailing in what way the Boomer Boost product is defective and requesting that a replacement product be shipped or requesting a refund is 30 days from the date of the initial placement of the order that resulted in the receipt of the allegedly defective product. During this initial 30-day period, the Buyer may request and will receive a refund for any reason. During this initial 30-day period, Buyer may request a replacement product in lieu of a refund, which request may be granted by Seller, but Seller is and will continue to be under no obligation to do anything other than, offer a refund to Buyer in the amount of the initial product purchase price.
If the sales or promotional material conflict with this “as is” warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period. ASSUMPTION OF RISK Buyer agrees to accept all risks associated with the purchase or use of Boomer Boost Products, including but not limited to, ingestion of or application to Buyer’s person, the use of the Boomer Boost product personally or in business, all taxes and regulations that are or may be applicable to the purchase of Boomer Boost Products, by Buyer, all legal compliance issues related to the product. Buyer warrants a complete and thorough understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirect from the purchase and/or use of Boomer Boost Products. Buyer agrees, as part of the consideration that is required to purchase Boomer Boost Products to carefully review and test this product during the refund period and to immediately and properly request a refund if the product is not deemed satisfactory to Buyer.
Buyer warrants an understanding, as required consideration, that the Seller of Boomer Boost Products disclaims all liability for the product or damages resulting from the use of Boomer Boost Products for any reason. Buyer alone accepts full responsibility for allowing others to use Boomer Boost Products. Buyer understands, acknowledges, agrees to and accepts that Seller disclaims any and all liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer and/or others.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase and/or use of Boomer Boost Products or from subsequent contact with Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of his/her purchase and/or use of Boomer Boost Products, no matter what damage may be allegedly or actually caused by the purchase and/or use of Boomer Boost Products, or no matter the harm or damage that may result directly or indirectly from the purchase and/or use of Boomer Boost Products, for any reason whatsoever, that the absolute maximum extent of Seller’s liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer’s person or business by using this product, Seller disclaims liability for Buyer’s interactions with advertisers on Boomer Boost Products website or other websites. Seller disclaims liability for any of Buyer’s interaction with other visitors or other members of the Boomer Boost Products website, if any.
Buyer agrees that the Seller’s total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product. LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT Buyer agrees that the Seller’s total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product. LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND Buyer agrees that the Seller’s total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product. LIMITATION ON THE LIABILITY LIMITATION Buyer understands that some states do not allow limitation of liability. SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT If claims about results from using Boomer Boost Products were made and considered by Buyer, Buyer understands and acknowledges that such claims may be true for the persons who made the claims, including claims made by the Seller about his/her/its own experience with Boomer Boost Products. If Buyer is purchasing and/or using Boomer Boost Products as a product that was promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his/her/its understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller as described herein) is the full remedy for any Buyer who feels the product did not deliver the results claimed.
Where this disclaimer and claims made in sales and promotional materials describing details pertaining to Boomer Boost Products are in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is exclusively upon the Buyer to substantiate any deliberate deception allegedly committed by Seller that, in specified ways, caused Buyer to purchase Boomer Boost Products on one or more occasions. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and Buyer does not prevail in court or at arbitration.
No warranties are made whatsoever about the Boomer Boost Products product and Buyer warrants a clear understanding that Buyer’s sole and only course of action is to test the Boomer Boost Products product within the extent of the refund period and if Buyer is not satisfied prior to expiration of the refund period set forth herein, then to properly request a refund from Seller in the manner set forth herein and subject to other relevant terms and conditions.
Buyer, again, warrants a clear understanding and agreement that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this Boomer Boost Products, the maximum amount of liability shall be the purchase price of the Boomer Boost Products.
RIGHT TO STOP SELLING Boomer Boost Products TO CERTAIN PURCHASERS Buyer agrees that Seller has the exclusive and sole right to continue and/or discontinue the sale of the Boomer Boost Products at any time, for any reason, with or without notice, subject only to the return policy set forth herein.
Buyer understands that the Seller may discontinue providing customer service to current or prospective purchasers of Boomer Boost Products at any time with or without notice subject only to the return policy set forth herein.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NewYork, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Buyer have the right to seek relief in court or to demand or otherwise be entitled to have a jury trial for any matter arising from the purchase and/or use of Boomer Boost Products or the material set forth in Boomer Boost Products advertisements or promotions. Buyer also acknowledges and agrees that Buyer will not have any right to engage in pre-trial discovery except as may be provided in the American Arbitration Association rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute and/or arbitration, including, but not limited to, attorney fees, collection fees, investigation fees, travel-related expenses and other costs as may be deemed appropriate. JURISDICTION AND VENUE If any matter concerning this purchase shall be brought before a court of law, whether pre-arbitration or post-arbitration, Buyer knowingly acknowledges and agrees that the sole, exclusive and proper jurisdiction shall be the County of Pinellas, State of Florida declared in the contact information.
In the event that litigation is initiated in federal court, the proper court selected by the party that initiates litigation shall be the USDC for the Middle District of Florida, the closest federal court to the Seller’s address. APPLICABLE LAW Buyer agrees that the applicable law to be applied in all cases shall be the law of the State of Florida. NOTICE Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller. COSTS The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs associated with the arbitration or litigation, including filing fees, investigation fees, collection fees, travel expenses from the other party and others. MODIFICATION This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer. ENFORCEABILITY OF PROVISIONS In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
The Seller’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
By taking the affirmative step of clicking the “I Accept” button, or checking an Acceptance box, and purchasing any Boomer Boost Product, you, the Buyer, voluntarily and knowingly attest that you have fully read, understood, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
5401 Central Ave
St. Petersburg, FL 33710
Fulfillment & Returns: