Thank you for visiting Bootypillows.com. The Polymath Group LLC doing business as “Booty Pillows” and its affiliates, (Booty Pillows) allows you to access information on this website subject to the following conditions. Shopping or visiting this website constitutes acceptance of the terms contained herein. If you do not accept these terms and conditions, please EXIT THIS WEBSITE IMMEDIATELY.
Please read all terms carefully. Additionally, by using various services available on this site, you accept any additional terms, such as the Terms of Purchase, that may be required for the use of those services.
PRIVACY
Booty Pillows takes many measures to ensure the privacy of its customers. We will never share your personal information with third parties without your permission.
The Booty Pillow website is secure by a 128-bit encrypted SSL certificate. With this, you can shop safely and keep your mind at ease.
ELECTRONIC COMMUNICATIONS
When you visit Bootypillows.com or send e-mails to us, you are communicating with us electronically. By taking such action, you consent to receive communications from us electronically. You accept and understand that all agreements, notices, disclosures and other communications that we provide to you electronically can serve as a valid conformity with the Statute of Frauds or any other situation that requires a written agreement or communication.
COPYRIGHT
Content included on this site, such as text, graphics, logos, icons, images, audio clips, videos, is the property of Booty Pillows or its content suppliers and protected by United States and international copyright laws. As a visitor and user of this site, you confirm that you will not violate or infringe upon any intellectual property rights. Occasionally Booty Pillows may post third party links or material. In that event, Booty Pillows shall credit the proper parties, and you as a user, still agree not to infringe upon any intellectual property rights. If you are a third party whose intellectual property is on this site and you feel Booty Pillows may have infringed upon those rights, please see the “Intellectual Property Complaints” section below.
TRADEMARKS
The term “Booty Pillow” is a registered Trademark with the United States Patent & Trademark Office. Booty Pillows maintains a common law claim to all of its marks used, including but not limited to its logo, on this site.
LICENSE AND SITE ACCESS
Booty Pillows grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Booty Pillows. Any use of product listings, descriptions, pictures, or prices require prior written approval. No company or website may use Booty Pillows’ name or trademarks in any type of metadata, meta tags or “hidden text” without express, prior written approval. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bootypillows.com. However, the link cannot portray Booty Pillows, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Booty Pillows has the right to make the sole determination as to whether your use of the link breaches any part of this license. You may not use the word Booty Pillow, its logo or any of Booty Pillows’ other proprietary graphics or trademarks as part of the link without express written permission.
INTELLECTUAL PROPERTY COMPLAINTS & DMCA NOTICE
Booty Pillows will never intentionally infringe upon anyone’s intellectual property rights. If you feel that something on the website infringes upon property of which you own the intellectual rights please take the following notice procedures:
Send an email to bootypillows@gmail.com. Please copy our attorney in the email by sending it to nmcgrue@polymathlegal.com.
In the email, please state your name, company (if applicable), and phone number. Additionally, describe what intellectual property you claim, send a link showing the original intellectual property, a link showing the infringing intellectual property, and give an explanation as to why and how you are claiming that the content is your intellectual property.
RISK OF LOSS
All items purchased from Booty Pillows are made pursuant to a shipment contract. This means the title passes to you once we deliver the product to a common carrier. Thus, if the product is damaged during shipping, you agree that Booty Pillows is not liable for any loss during transit, and you have no course of action, legal or otherwise against Booty Pillows for such loss.
PRODUCT DESCRIPTIONS
Booty Pillows has a sense of humor. Many product descriptions are embellished for comedic and entertainment value. All product descriptions may contain puffery. No product description should be taken as completely accurate or suitable for any need you may have. If you would like a more accurate description of the product, please contact customer service before making any purchase. Booty Pillows makes NO WARRANTY for fitness or suitability to you specific needs or expectations.
PRICING & DISCOUNTS
All prices are subject to change. All promotions are subject to end at anytime unless stated otherwise. Booty Pillows reserves the right to modify, alter, or change the length of any promotion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BOOTY PILLOWS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOOTY PILLOWS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND PURCHASE OF ANY PRODUCT IS AT YOUR SOLE RISK.
THE BOOTY PILLOW IS A GAG GIFT. ANY REPRESENTATIONS THAT IT IS COMFORTABLE IN ANY TYPE OF MANY IS PURELY PUFFERY AND SHOULD NOT BE TAKEN SERIOUSLY. IF YOU EXPERIENCE ANY DISCOMFORT WHEN USING THE BOOTY PILLOW, DISCONTINUE USE IMMEDIATELY AND SEEK PROFESSIONAL MEDICAL ADVICE.
THE INFORMATION & CONTENT OF THIS WEBSITE MAY BE CONSIDERED MATURE IN SOME COMMUNITIES. IF YOU ARE IN SUCH COMMUNITY, BY VIEWING THIS SITE, YOU ARE STATING THAT YOU ARE OF AN AGE SUITABLE FOR THIS MATERIAL AND YOU DO NOT FIND THIS MATERIAL OFFENSIVE. IF YOU FIND THIS MATERIAL OFFENSIVE, PLEASE LEAVE THIS SITE IMMEDIATELY.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOOTY PILLOWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOOTY PILLOWS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM BOOTY PILLOWS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOOTY PILLOWS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF ANY PART OF THIS AGREEMENT IS FOUND TO BE UNLAWFUL, IT SHALL HAVE NO AFFECT ON ANY OTHER PROVISION CONTAINED HEREIN THAT ARE LAWFUL.
APPLICABLE LAW & VENUE
By visiting Bootypillows.com, you agree that the laws of the state of Washington shall govern any dispute arising out of the use of this website or any purchase made on this website. King County Washington shall be the EXCLUSIVE venue for any dispute arising out of the use of this site or any purchase made from Booty Pillows.
DISPUTES
Any dispute relating in any way to your visit to Bootypillows.com or any products purchased from Booty Pillows in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts. Plaintiff agree to pay the costs of such adjudication. The prevailing party may recover reasonable attorney fees.
For claims in which the aggregate total is less than $7,500, a small claims court located in King County Washington shall be the exclusive venue and means of remedy. The prevailing party may recover reasonable attorney fees, costs and expenses.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
