Terms & Conditions
CLASS ACTION WAIVER
OWNERSHIP OF THE SITE
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep–link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. BOYY will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Although BOYY attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform BOYY so that it can be corrected. BOYY reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, BOYY shall have no responsibility or liability for information or Content posted to the Site from any non-BOYY affiliated third party.
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
TYPOGRAPHICAL ERRORS AND INCORRECT PRICING
In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product/service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance personnel. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge.
QUANTITY LIMITS AND DEALER SALES
You can purchase products or services on the Site. We accept credit and debit cards issued by U.S. and international banks. Payment processing services for our Site are provided by Shopify Payments and are subject to the Shopify Payments Terms of Service. By agreeing to these Terms of Service or using our Services, you agree to be bound by the Shopify Payments Terms of Service, as they may be modified by Shopify from time to time. As a condition of BOYY enabling payment processing services through Shopify Payments, you agree to provide BOYY with accurate and complete information about you and your business, and you authorize BOYY to share it and transaction information related to your use of the payment processing services provided by Shopify Payments. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card BOYY or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
EXPORT POLICY AND RESTRICTIONS
You acknowledge that the products and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. By purchasing, downloading, or using the Site, you agree to abide by the applicable laws, rules, and regulations – including the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless BOYY from all claims, demands, damages, costs, fines, penalties, attorneys’ fees, and all other expenses arising from your failure to comply with this provision or applicable export control, antiboycott, or economic sanctions laws, and regulations.
LINKS TO OTHER SITES
BOYY makes no representations whatsoever about any other website that you may access through this Site. When you access a non–BOYY website, please understand that it is independent of BOYY, and that BOYY has no control over the content on that website. In addition, a link to a non–BOYY website does not mean that BOYY endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third–party websites linked to this Site, you do this entirely at your own risk.
User Generated Content, Reviews, Feedback, and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e–mail, telephone calls, mailings, or any other method of communication. You represent and warrant to BOYY that you have the legal right and authorization to provide all User Generated Content to BOYY for the purposes and BOYY’s use as set forth herein. BOYY shall have a royalty–free, irrevocable, transferable right, and license to use the User–Generated Content in whatever manner BOYY desires, including to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such User Generated Content or incorporate such User Generated Content into any form, medium or technology throughout the world. BOYY is and shall be under no obligation (1) to maintain any User–Generated Content in confidence; (2) to pay to you any compensation for any User–Generated Content; or (3) to respond to any User–Generated Content.
BOYY does not regularly review posted User–Generated Content but does reserve the right (but not the obligation) to monitor and edit or remove any User–Generated Content submitted to the Site. You grant BOYY the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. BOYY and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold BOYY harmless from and against all third–party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by BOYY arising out of any User–Generated Content you post or allow to be posted to the Site.
DISCLAIMER OF WARRANTIES
BOYY does not warrant that access to or use of the site will be uninterrupted or error–free or that defects in the site will be corrected. This site, including any content or information contained within it or any site–related service, is provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non–infringement. BOYY does not warrant the accuracy, completeness, or timeliness of the information obtained through the site.
You assume total responsibility and risk for your use of this site, site–related services, and linked websites. BOYY does not warrant that files available for download will be free of viruses, worms, trojan horses, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.
Warranties relating to products or services offered, sold, and distributed by BOYY are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products or services.LIMITATION OF LIABILITY REGARDING USE OF SITE
BOYY and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site–related services, content or information contained within the site, or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site, site–related services, or linked websites is to stop using the site or those services. to the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of BOYY to you with respect to your use of this site is $500 (five hundred dollars).
DISPUTE RESOLUTION; CLASS ACTION WAIVER