Bootzilla Productions

Web Site Terms of Use

Welcome to the Bootzilla Productions web site ("Site"). Please review the following basic terms governing your use of our Site.

You certify to us, under penalty of perjury under the laws of the United States of America, that all information you have provided to us is true and correct.
You agree to pay for any items purchased through the Site.
You agree that state and federal courts in the Ohio, U.S.A. will have jurisdiction over you if there is a dispute between you and Bootzilla Productions , .

GENERAL

We may from time to time change the terms that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move, or delete portions of, or may add to, our Site from time to time without notice.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by Bootzilla Productions ("Bootzilla Productions"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Bootzilla Productions.

The Contents, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from us) use by the Site users. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

USER COMMENTS AND OTHER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions offered to Bootzilla Productions on or by this Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, "Comments") will be and remain Bootzilla Productions´s property. Such disclosure, submission or offer of any Comments will constitute an assignment to Bootzilla Productions of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Bootzilla Productions is and will be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for use of any Comments; or (3) to respond to any Comments.

You agree that no Comments submitted by you will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and will remain solely responsible for the content of your Comments.

OUR COMMUNICATIONS TO YOU

You agree that Bootzilla Productions may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Bootzilla Productions´s products or services, or for other purpose(s) as Bootzilla Productions deems appropriate.

DISCLAIMER

THIS SITE AND ALL CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FREEDOM FROM INFRINGEMENT CLAIMS, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT BOOTZILLA PRODUCTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

INACCURACY DISCLAIMER

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Bootzilla Productions from and against any and all claims, damages, costs and expenses, including reasonable attorneys´ fees, arising from or related to your use of the Site.

MISCELLANEOUS

Unless otherwise specified and except to the extent Bootzilla Productions products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Bootzilla Productions´s products and services available in the United States. This Site is controlled by Bootzilla Productions from its offices in Cincinnati, Ohio.

This Agreement will be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of laws provisions. Any litigation or other legal proceeding of any kind based upon or in any way related to this Agreement, its subject matter, or the rights or obligations of Bootzilla Productions or you, will be brought exclusively in an appropriate court of competent jurisdiction (state or federal) located in Butler, Clermont, or Hamilton County, Ohio (if the action is brought in state court) or in the South-western District of Ohio (if the action is brought in federal court), and must be brought within two years after the date on which the claim accrued. Any action brought in such courts will not be transferred or removed to any other state or federal court. The parties consent to the exercise of jurisdiction over them by the above-named courts as their freely negotiated choice of forum for all actions subject to this forum selection clause.

TERMINATION

This Agreement is effective unless and until terminated by either you or Bootzilla Productions. You may terminate this Agreement at any time. Bootzilla Productions also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Bootzilla Productions´s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or by Bootzilla Productions, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

Welcome to the Bootzilla Productions, web site ("Site"). Bootzilla Productions, is committed to respecting your privacy and the security of your personal information. The following privacy policy describes the information we collect and how we use it. We welcome your questions and feedback. For privacy-related issues, please contact us at:

PO Box 44158
Cincinnati, Ohio 45244
513-528-3404
Support@bootzilla.com

INFORMATION WE COLLECT

We may collect information (including name, address, telephone number, email address, date of birth, and, when necessary, credit card information) when you:

Register to become a member of the Site
Make a purchase using the Site
Inquire about our products or services
Register to participate in our mailing list
Register to participate in our web based bulletin board.

We maintain the data that you provide us, along with a record of your purchases, in a secure database. To best serve you, we may combine this information with data that is publicly available and data that we receive from other reputable sources.

We also gather information about how visitors navigate through the Site by using clickstream data gathered with "cookies" and/or other online tools such as "pixel tags." See "Cookies and Pixel Tags" for further information.

USING INFORMATION WE COLLECT

In order to serve you better, we collect information that allows us to:

Process and track your order
Provide the services you request
Contact you about the status of an order
Identify your product and service preferences
Customize our communications to you
Improve our merchandise selection and customer service

INFORMATION WE SHARE WITH OTHERS AND YOUR PRIVACY RIGHTS

We contract with other companies to provide certain services, including credit card processing and shipping. We provide these companies with only the information they need to perform their services and work closely with them to ensure that your privacy is respected and protected. On rare occasions, we may disclose specific information upon governmental request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.

COOKIES AND PIXEL TAGS

A cookie is a small data file that is stored by your Web browser on your computer. Cookies enable you to place an order on our Site. They also allow us to enhance and personalize your online shopping experience, so that the information you receive is more relevant to you.

For example, we use cookies to:

Remember what items you have selected to purchase
Recognize you when you return to the Site
Study how our customers navigate through the Site and which products they request

We also use pixel tags (tiny graphic images) to tell us what parts of the Site you have visited or to measure the effectiveness of any searches you may do on the Site. Pixel tags also enable us to send you email in a format you can read and let us know when you have opened an email message from us.

HOW WE USE EMAIL

When you provide us your email address, we may send you emails necessary to process your order or respond to a request. It is our intent to send you promotional email only if you have agreed to receive it.

SECURITY

It is our intent to protect against the loss, misuse or alteration of information that we have collected from you. We use a variety of technologies and processes for protection of our customer data. We limit the information we provide to outside companies with whom we contract to only what they need to carry out their responsibilities.

PRIVACY OF CHILDREN ON OUR WEB SITE

The Site is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13.

POLICY CHANGES

From time to time, we may use customer information for unanticipated uses not previously disclosed in our privacy notice. If our information practices change, we will post these changes on the Site. We encourage you to review our privacy policy periodically.

Conditions of Sales

IMPORTANT - READ CAREFULLY: The "Clickwrap Agreement" set forth or accessible below is a legal agreement between you (the Buyer) and Bootzilla Productions ("Seller"). By clicking "I ACCEPT" below, you agree to the terms of the Clickwrap Agreement and agree to conduct business electronically with Seller. Furthermore, by clicking "I ACCEPT" below, you confirm and agree to the following:

You certify to Seller, under penalty of perjury under the laws of the United States of America, that all information you have provided to Seller is true and correct.
You agree to pay for the items purchased from Seller.
You confirm to Seller that you are fully authorized to purchase items from Seller, either individually or as the agent or employee of another party.
You agree that state and federal courts in the State of Ohio, U.S.A. will have jurisdiction over you if there is a dispute between you and Seller.

Every item or product ("Product") sold by or through Seller to you ("Buyer") is sold subject to the following terms and conditions:

1. No Warranty. All Products are sold "AS IS AND WITH ALL FAULTS." Seller makes no warranties, express or implied, regarding any Product and Seller specifically disclaims the implied warranties of merchantability, fitness for a particular purpose, and freedom from infringement claims.

2. Limitation of Liability. SELLER WILL NOT BE LIABLE TO BUYER UNDER ANY CLAIM OR CIRCUMSTANCE (WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, OR OTHER LEGAL THEORY) FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER INDIRECT DAMAGES OF ANY KIND. IN NO EVENT WILL SELLER’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT. This Section will survive payment for the Products and termination or expiration of this contract.

3. Price and Order Acceptance. All packing charges, shipping charges and applicable taxes (including sales, use, excise and property taxes) are in addition to the purchase price. Prior to acceptance, the price quoted for a Product is subject to change.

4. Shipping. Seller will ship Products FOB (Buyer pays freight and insurance) Seller’s location. Any shipping schedule provided by Seller to Buyer is Seller’s then current estimate of delivery dates. Seller will use reasonable efforts to deliver the Product in accordance with that schedule, but does not warrant or guarantee any particular delivery dates. Seller will not be liable for any damages, including indirect, incidental or consequential damages, in connection with the delivery or non-delivery of any Product, including but not limited to damages incurred during shipment or caused by a delay in delivery. Buyer’s acceptance of any Product constitutes a waiver of any claim for delay. Seller will have the right to select the carrier for delivery of a Product, and upon delivery of the Product to the carrier, title and risk of loss will pass to Buyer.

5. Force Majeure. Seller will not be liable for delay, failure in performance, loss or damage due to fire, strike, vandalism, embargo, explosion, power blackout, earthquake, flood, war, labor disputes, civil or military authority, acts of God or the public enemy, or other causes beyond its reasonable control, whether or not similar to the foregoing.

6. Severability of Terms. If any of these terms and conditions are held to contravene applicable law, such provision only will be deemed void, and in all other respects these terms and conditions will remain in full force and effect.

7. Entire Agreement. These Terms and Conditions of Sale, and the other terms and conditions on Seller’s web site, constitute the entire agreement between Seller and Buyer relating to the Product. No modification or waiver of any term or condition of this contract will be effective unless in writing signed by authorized representatives of Buyer and Seller.

8. Governing Law, Forum Selection and Limitation Period. This contract, the construction of this contract, all rights and obligations between the parties to this contract, and any and all claims arising out of or relating to the subject matter of this contract (including all tort claims), will be governed by the laws of the State of Ohio U.S.A., without regard to its conflict of laws principles. The rights and obligations of the parties to this contract will not be governed by the provisions of the 1980 UN Convention on Contracts for the International Sale of Goods; rather these rights and obligations will be governed by the laws of the State of Ohio. Any litigation or other legal proceeding of any kind based upon or in any way related to this contract, its subject matter, or the rights or obligations of Seller and Buyer, will be brought exclusively in an appropriate court of competent jurisdiction (state or federal) located in Butler, Clermont, or Hamilton County, Ohio (if the action is brought in state court) or in the South-western District of Ohio (if the action is brought in federal court), and must be brought within two years after the date on which the claim accrued. Any action brought in such courts will not be transferred or removed to any other state or federal court. The parties consent to the exercise of jurisdiction over them by the above-named courts as their freely negotiated choice of forum for all actions subject to this forum selection clause.

Product Return Policy

You have thirty (30) days from the date of purchase to return "allowed" merchandise for any of the reasons listed below. Thirty (30) days after date of purchase, Bootzilla Productions will conclude your sale closed and final.

Bootzilla Productions reserves the right to not accept returns for any reason after consulting the customer. Customer will assume responsibility for shipping cost of returned merchandise to Bootzilla Productions.

Bootzilla Productions does not issue "in store" credit.

"Allowed" (returnable) merchandise.

Any Compact Disk

Conditions for accepting merchandise returns.

Customer received incorrect order or merchandise.
Merchandise was received broken or damaged due to shipping.
Merchandise was received defective.
Customer has not removed merchandise from original packaging, if applicable.

Conditions for not accepting merchandise returns.

Customer has damaged product through improper use.
Any “acts of God” during the shipping process.
Returns after stated thirty (30) day policy.
Abused or used merchandise.
Merchandise not sold by Bootzilla Productions.

How to return merchandise to Bootzilla Productions.

Use original shipping material.
Enclose original sales receipt.
Enclose a detailed letter explaining reason for return and request for correction.
Include contact information in letter (i.e. e-mail, daytime phone number).

Send returned merchandise to:

Bootzilla Productions
PO Box 44158
Cincinnati, Ohio 45244.
513-528-3404

Questions concerning returns please contact Bootzilla Productions.

Support@bootsycollins.com

By phone call 513-528-3404