The Boba Baby Carrier and the Boba Wrap are not safety devices on their own; they are designed to assist parents in carrying their babies. Parents are ultimately responsible for the safety of their child while he or she is in the carrier or wrap.
1. Copyright of Site Content.
All Site content, including text, graphics and layouts, is the property of Boba Inc. and is protected by United States and international copyright laws. No portion of this Site may be reproduced, copied, sold, visited, or otherwise used for any commercial purpose without the express written consent of Boba Inc. The content of this Site may be printed, copied, viewed, downloaded, saved to disk for private use and otherwise used solely for personal informational purposes, providing embedded copyright notices are NOT removed from the images. No Site content may be altered in any way. Some of the content on the Site is the copyrighted work of third parties and is used by permission.
2. Not Responsible for Links.
This Site may contain links to and from other Internet sites. These sites are independent of Boba Inc., and Boba Inc. has no control over, or responsibility for, the content, functioning, operation, policies, or availability of such sites.
3. Disclaimer Regarding Information on this Site.
Boba Inc. strives to make certain the information available at this site is up to date, but Boba Inc. assumes no liability or responsibility for any errors or omissions in the content of this Site. Boba Inc. specifically disclaims any duty to update the information on this Site.
4. Emails and Confidentiality.
Boba Inc. will treat emails sent by visitors to our firm via this website as confidential to the extent required by law whether or not the sender retains our firm. However, any feedback or suggestions, written or oral, directed to Boba Inc. concerning the site itself or our products become the property of Boba Inc.
5. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal/business use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
8. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
9. No Warranties Regarding this Site.
Boba Inc. provides and maintains this Site on an AS AVAILABLE basis. We make no representations or warranties of any kind, express or implied, as to the operation or availability of this Site.
10. Disclaimer of Warranties Relating to Your Use of this Site.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOBA INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOBA INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BOBA INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT BOBA INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. BOBA INC. IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. THE INTENT OF BOBA INC. TO LIMIT ITS POTENTIAL LIABILITY TO MAXIMUM EXTENT ALLOWED BY LAW.
11. Venue for Legal Action Will Be in Colorado.
In any legal action in any way arising out of your use of this site, your purchase of any product via this site, or any subsequent relationship with , Inc., you agree that the exclusive venue shall be in the County or District Court of Boulder County, Colorado, or if federal jurisdiction is mandatory, in the U.S. District Court for the District of Colorado in Denver.
12. Indemnification; Attorney’s Fees and Costs.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site. In any lawsuit arising out of your purchase of our products, if we prevail, you shall pay our actual and reasonable attorney’s fees and costs.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
14. Limitation of Liability Arising Out of Your Use of this Site and any Purchase via this Site; Disclaimer of Warranties.
(A) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable or purchased via this site, (b) the unavailability or interruption of the Site or any features of this site, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(B) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN, INCLUDING ANY PURCHASE, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Boba Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT Boba Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM YOUR USE OF ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. Boba Inc. IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. THE INTENT OF Boba Inc. TO LIMIT ITS POTENTIAL LIABILITY FROM THE USE OF ITS PRODUCTS TO MAXIMUM EXTENT ALLOWED BY LAW.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
17. Refund and Return Policy.
Our Refund and Return Policy is a part of this Agreement. You must review our Refund and Return Policy, as it may change from time to time, by clicking on Return Policy.
18. Service Marks.
“bobafamily.com”, www.boba.com and others are our service marks or registered service marks or trademarks. The mark “Boba” is the Trademark of Boba Inc.. with registration pending approval of the US Office of Patents and Trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
19. Transaction of Business.
You agree that the maintenance of this site by Boba Inc. does not constitute the transaction of business in any state other than Colorado.
20. IMPORTANT SAFETY WARNING.
The Boba baby carrier is not a safety device on its own; it is designed to assist parents in carrying their babies. Parents are ultimately responsible for the safety of their child while he or she is in the carrier.
21. Governing Law.
Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized person of Boba Inc.