This policy describes the types of information that we may collect from you or that you may provide when you visit the website www.hospitalitykits.com (the “Website”), and our practices for collecting, using, maintaining, protecting and disclosing that information.
1 Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- by which you may be personally identified, such as name, postal address, e-mail address, telephone number and credit card information (“personal information”);
- that is about you but individually does not identify you; and/or
- about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
- Directly from you when you provide it to us.
- From individuals who have bought you a HOSPITALity® Kit
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies and web beacons.
A Information We Collect To Order A HOSPITALity® Kit. In order to purchase a HOSPITALity® Kit, you will need to provide us with certain information, including:
- Information about you, including your name, contact information and credit card information;
- Information about the individual for whom you are purchasing the HOSPITALity® Kit (the “Recipient”), including his or her name, and shipping address (if you want us to ship the HOSPITALity® Kit directly to the Recipient); aI information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including traffic data location data, logs and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time. The Website does not respond to Do Not Track Signals.
The information we collect automatically does not include personal information, but we may maintain it or associate it with personal information we collect in other ways. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
2 How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information: (i) to present our Website and its contents to you; (ii) to provide you with information, products or services that you request from us; (iii) to fulfill any other purpose for which you provide it; (iv) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (v) to notify you about changes to the Website or any products or services we offer or provide though it; (vi) to allow you to participate in interactive features on the Website; (vii) in any other way we may describe when you provide the information; and (viii) for any other purpose with your consent.
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please do not check the relevant box located on the form on which we collect your data.
3 Disclosure of Your Information
We may disclose aggregated information about our users without restriction.
- To contractors, service providers and other third parties we use to support our business.
- To our subsidiaries and affiliates.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
- For any other purpose disclosed by us when you provide the information. We may also disclose your personal information:
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of HOSPITALity® Collections LLC, our customers or others.
4 Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Promotional Offers from the Company. If you do not wish to have your e-mail address used by the Company to promote our products or services, you can opt-out by unchecking the relevant box located on the form on which we collect your data or by reaching out to us on our contact page. If we have sent you a promotional e-mail, you may unsubscribe on that email. You may also send us a return e-mail asking to be omitted from future promotional e-mail distributions.
5 Accessing and Correcting Your Information
You may contact us using the information in the “Contact Us” section below to request access to, correct or delete any personal information that you have provided to us. In order to delete your personal information, we may have to also delete your user account and/or stop work on your HOSPITALity® Kit. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
6 Links to Other Web Sites
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK, AND WITHOUT WARRANTIES OF ANY KIND BY BOOMBOX, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES WILL BOOMBOX ACCEPT LIABILITY FOR ANY DAMAGES ARISING OUT OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE, OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
7 Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, you may contact us using the information in the “Contact Us” section below.
In your request, please specify that you want a “Your boomboxgifts.com California Privacy Rights Notice.” Please allow 30 days for a response.
8 Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we take efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
11 Contact Information
4834-9304-9125, v. 3
EFFECTIVE July 30, 2015
Accessing the Website and Account Security
The Website is directed at adults. We do not knowingly solicit data from, or market to, children under age 13. If you are under 18 and want to order from our Website, please ask your parent or guardian to do this for you.
We reserve the right to withdraw or amend this Website, and any products or services we provide on or through the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to customers, contributors and other registered users.
Online Purchases and Other Transactions
Visitors may purchase a HOSPITALity® Kit through the Website. In order to place an order for a HOSPITALity® Kit, you will have to provide certain information about both you (including your name, contact information and credit card information) and the individual for whom you are purchasing the HOSPITALity® Kit (the “Recipient”) (including his or her name and address to send the kit to).
Once you have placed an order, we will send you an email with instructions directing you to create an account on the Website (your “Account”). You must treat your Account password as confidential, and you must not disclose it to any person. You are entirely responsible for all activities that occur under your Account and you agree to immediately notify HOSPITALity® Collections LLC of any unauthorized use of the Account or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or any other personal information that may be accessible through the Website.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. HOSPITALity® Collections LLC reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the use of any coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any order(s); and (iv) refuse to provide any user with any product or service.
All prices listed on the Website are in US Dollars. We will charge customers sales tax as required by applicable law. Payments for products ordered through the Website must be made in full at the time of placing an order. By placing an order through the Website, you agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges.
We strive to maintain accurate pricing, however due to unforeseen circumstances, pricing errors may occur. By submitting an order through the Website, you are agreeing to pay the price relevant to the item being ordered as stated on the “Review Your Order” page. Please review your order carefully before you submit it and if you have any pricing questions, please contact us immediately.
When you order a HOSPITALity® Kit through the website, the HOSPITALity® Kit will be customized according to your specified kit purchased.
All orders placed on the Website are final. Once submitted, an order cannot be cancelled and products ordered from the Website cannot be returned.
Once a HOSPITALity® Kit is ordered, the order is processed and we use reputable third-party carriers (e.g., The United States Postal Service, Federal Express, United Parcel Service) to deliver your order and are not liable for delivery problems caused by these providers. We make no guarantee about time in transit of any shipping method. In the event an order is not received by the guaranteed delivery date or arrives damaged, you should contact us using the Contact Us link below. Please include your order number in any email that you send to us so that we can quickly track your order and respond to your inquiry. Printing We will complete your order in accordance with industry-wide trade standards for color and according to the parameters defined in your order and as outlined on the Website. You are advised to confirm your orders by reviewing all order details prior to submitting your order.
We strive to display as accurately as possible the colors of the products shown on the Website; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
We will endeavor to reproduce color from uploaded Content as closely as possible, but cannot exactly match color and density. Because of inherent limitations with the printing process, the accuracy of color reproduction is not guaranteed. By placing an order with us you agree to this limitation. We will try our best to match each color, but we accept no responsibility for color variations between submitted files and the final printed products. We will not issue any refunds on account of color variations that have occurred during the printing process. We are not responsible for exactly matching color or ink density to approved screen proofs or physical
proofs. Physical proofs and screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
If products that you order from the Website contain any defects at the time of delivery to you or the Recipient, you may return such products for a refund by contacting HOSPITALity® Kit using the Contact Us link below within 30 days of the delivery date of such products. Please include your order number in the email. Upon receipt of an email from you reporting defective merchandise within 30 days of the delivery date, we will respond to you and provide you with a Return Merchandise Authorization Number (RMA) and with instructions for how you can return the defective merchandise to us.
You are responsible for shipping any defective merchandise to us and you agree to bear shipping and handling charges and all risk of loss for the return product during
shipment. You agree to use only reputable carriers capable of providing proof of delivery for the shipment. We will only accept returns that indicate the RMA number, and which otherwise comply with these instructions and with any other instructions that we may provide to you by email or otherwise. If, after we receive and inspect your returned merchandise, we determine that the merchandise is defective, we will issue a full refund to you. However, opening of a HOSPITALity® Kit exposes the merchandise to handling which deems products un-resellable. Discretion of the company HOSPITALity® Collections is used to determine if the return is undamaged and useable for future resale. Opened or used merchandise is unable to be returned. Please note that we will not issue any refund if you fail to notify us of the defect within 30 days of the delivery date in accordance with the instructions contained herein and with any other instructions we provide to you in connection with your order or if you fail to return the defective merchandise to us in accordance with the instructions we provide to you.
Your sole remedy for receipt of defective merchandise is a refund of the purchase price. We will issue such refund as soon as reasonably practicable. We will not accept any requests to modify the replacement merchandise from the specifications of your original order. We will not replace merchandise as a result of any customer initiated merchandise damage or partial use. In no case will HOSPITALity® Kit be liable to you or any other party for loss of business or profits; incidental or consequential damages; or costs in excess of billing for specific merchandise ordered, whether as a result of errors, mistakes or failure by HOSPITALity® Kit to perform services, to provide ordered products, or otherwise. See Section 12 below for additional limitations on HOSPITALity® Kit liability in connection with the Website and products ordered through the Website.
We reserve the right, in our sole discretion, to refuse to accept any order or to terminate any order prior to completion at any time and for any reason. You agree that we shall have no liability of any kind to you or to any third party arising from such refusal or termination other than to refund any money paid by you for such terminated order.
1 Intellectual Property Rights HOSPITALity® Kit name and logo and all related names, logos, product and service names, designs and slogans are trademarks of HOSPITALity® Kit or its affiliates or licensors. You must not use such marks without the prior written permission of HOSPITALity® Collections LLC. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
The entire contents of the Website (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by HOSPITALity® Kit or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Website for legitimate purposes related to your role as a current or prospective customer or contributor of HOSPITALity® Kit. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Website without the prior written consent of HOSPITALity® Kit, except to: (i) store copies of such materials temporarily in RAM; (ii) store files that are automatically cached by your Web browser for display enhancement purposes; or (iii) print a reasonable number of pages of the Website for a permitted use.
You must not: (i) modify the paper or digital copies of any materials from this site;
(ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark and other proprietary notices appearing on such materials.
You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website without obtaining a license to do so from HOSPITALity® Kit or its applicable licensor. If you wish to make any use of material on the Website other than that set out above, email us using the Contact Us link below.
Reliance on Information Posted
The information presented on or through the Website (whether pertaining to our products and services, the products and services of our business partners and affiliates or information about you, including, without limitation, historical information regarding orders and invoices) is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website
We may update the Website from time to time, but its content is not necessarily complete or up-to-date. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Website; Reviews
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. If we have provided you with (or agreed to provide you with) any free or discounted products or services or any other item of value, you must disclose that such item was provided to you in any reviews, articles, blog posts or other content that you write, publish or otherwise produce that is related to HOSPITALity® Kit or its products or services.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Pennsylvania in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Only persons located in the United States may purchase products and services through the Website. We do not currently ship products outside of the United States. If you wish to place an order for products to be shipped outside of the United States, please contact us using the Contact Us link below.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF AND ACCESS TO THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED EXCEPT AS EXPLICITLY STATED HEREIN. NEITHER HOSPITALity® Collections LLC NOR ANY PERSON ASSOCIATED WITH HOSPITALity® Collections MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HOSPITALity® Collections LLC NOR ANYONE ASSOCIATED WITH HOSPITALity® Collections LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECT A TIONS. EXCEPT FOR THOSE WARRANTIES EXPLICITLY CONTAINED HEREIN, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, ITS CONTENT AND ALL PRODUCTS ORDERED FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL HOSPITALity® Collections LLC, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MANAGERS HAVE ANY LIABILITY UNDER OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE FOR LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCURRED OR SUFFERED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF HOSPITALity® COLLECTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE. IN NO EVENT SHALL HOSPITALity® Collections LLC AGGREGATE LIABILITY UNDER OR RELATING, DIRECTLY OR INDIRECTLY, TO YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE EXCEED THE REVENUE THAT HOSPITALity® COLLECTIONS LLC HAS RECEIVED FROM YOU DURING THE PRIOR TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOSPITALity® Collections TOTAL LIABILITY WITH RESPECT TO ANY PARTICULAR ORDER MADE THROUGH THE WEBSITE, SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR SUCH ORDER. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This website is operated by HOSPITALity® Collections LLC.
All feedback, comments, requests for technical support and other communications relating to the Website should be emailed using the Contact Us link below.
Thank you for visiting the Website.