Terms & Conditions

Introduction

Welcome to the Bomgie® Pool Pump, Pumps, Utility Pump website and online store (“Bomgie®” or “we”). These Terms and Conditions (“Terms”) govern your access to and use of our website and online store as well as all products, services, content, tools, information, and associated materials provided on and through our website and online store (collectively, the “Services”).

Please read these Terms carefully before using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

We may amend these Terms at any time by posting the amended terms on our website. We may also attempt to notify you of any changes by sending an email or posting a notice on our website. The amended Terms will be effective immediately. Your continued use of our Services following the posting of any changes constitutes your acceptance of such changes. Accordingly, you should frequently review these Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your access to and use of our Services. If you do not agree to the amended Terms, you must stop using our Services.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. The Bomgie® Privacy Policy is incorporated by reference into these Terms.

Eligibility to Use Our Services

You may use our Services only if you are 18 years or older and capable of forming a binding contract with Bomgie® and are not barred from using our Services under applicable law. Use of our Services is void where prohibited. By using our Services, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use our Services.

Your Account

In order to access certain features and functionalities of our Services, you may be required to register for an account. When you register for an account, you agree to: (a) provide accurate, current, and complete account information about yourself as prompted by our registration form; and (b) maintain and promptly update your account information to keep it accurate, current, and complete. You are solely responsible for all activities that occur under your account, including any activities by unauthorized users. You may not share your account information with any third party. If you believe your account has been compromised, please notify us immediately.

Online Store

Our online store allows you to browse, select, and purchase various products that we make available. All use of our online store is subject to these Terms and our Online Store Terms & Conditions. Please review the Online Store Terms & Conditions carefully before making any purchases through our online store. Your order and purchase of any products through our online store constitutes your agreement to the Online Store Terms & Conditions.

Product Information

We make reasonable efforts to provide accurate and complete information about the products available on our online store. However, to the extent permitted under applicable law, we do not warrant or represent that: (a) the product descriptions, images, videos, or other content available on our website or online store are accurate, complete, reliable, current, or error-free; (b) the products available on our online store will be identical or substantially similar to any product description; (c) the products depicted on our website will be in stock or immediately available for purchase; (d) your purchase or use of any product will yield any particular results; or (e) the quality of any products purchased through our online store will meet your expectations. You assume all risk associated with your purchase, including the risk that a product may not meet your expectations or requirements.

Product Pricing and Availability

All prices for products available on our online store are quoted in U.S. dollars. We make reasonable efforts to provide accurate pricing information, but pricing may change at any time without notice prior to purchase. We reserve the right to limit quantities sold. Despite our efforts, a small number of the products on our online store may be mispriced. If a product’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Shipping & Delivery

When you make a purchase through our online store, we will estimate shipping and delivery dates for your order. We work hard to meet the shipping date estimates provided; however, shipping date estimates are just that – estimates – and the actual delivery date may be earlier or later than estimated. We are not liable for any delays in the shipment of any order.

For domestic U.S. orders, we generally ship through USPS or UPS. For international orders, we generally ship through USPS or DHL Express. Customs fees and import taxes may apply for international orders. You are responsible for all such fees. Transit times will vary based on your location. Delivery times and costs may be impacted by various factors outside of our control, such as inclement weather, natural disasters, customs delays, inaccurate addresses, and internal processing issues. We are not liable for any delivery delays or additional costs incurred as a result of such factors.

By placing an order with Bomgie®, you authorize us to charge you for any products purchased as well as any shipping charges and applicable sales tax. All orders must be paid in full before shipment. We reserve the right to cancel your order at any time if there is an error with your payment.

Shipping Restrictions. We do not ship to PO boxes or any country subject to U.S. sanctions programs, such as Cuba, Iran, North Korea, Sudan, Syria, or any other countries as determined by us. We reserve the right to discontinue or modify our shipping policy at any time without notice. Residents of Hawaii, Alaska, and other U.S. territories may be subject to additional shipping restrictions and fees.

Title and Risk of Loss. Title to products purchased through our online store, as well as risk of loss for such products, will pass to you when the products are delivered to the carrier.

Returns & Refunds

Please review our Returns & Refunds Policy for information about returning or exchanging products purchased through our online store. By making any purchases through our online store, you agree to our Returns & Refunds Policy.

Intellectual Property Rights

Our Services contain material that is protected by copyright, trademark, patent, and other intellectual property laws. You must abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any of our Services.

You may not use any of our trademarks, trade names, service marks, copyrightable materials, domain names, logos, slogans, or other proprietary materials in any manner without our express written permission. You may not copy, display, distribute, modify, reproduce, republish, store, transmit, create derivative works from, or make commercial use of any of our content or data, except as provided in these Terms or with our prior written approval.

We grant you a limited, non-sublicensable license to access and use our Services for your personal use only. Such license is subject to these Terms and does not include any right to: (a) resell or make any commercial use of any portion of our Services, including use for commercial purposes of any data mining, robots, or similar data gathering and extraction methods; (b) copy, store, edit, change, prepare derivative works of, or alter in any way any of the materials from our Services; (c) use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text; or (d) deep-link to any portion of our Services.

Any feedback, comments, suggestions, ideas, or other information you provide relating to our Services (collectively, “Feedback”) is submitted on a voluntary basis. We will be entitled to use Feedback for any purpose without restriction or compensation to you.

User Content

We may provide you with interactive features and services that allow you to post content to our website, including reviews, photos, videos, and other materials (“User Content”). You retain ownership of any User Content you post.

By posting any User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and fully sublicensable license to use, host, store, adapt, display, reproduce, modify, create derivative works, publicly perform, distribute, and otherwise exploit such User Content in any manner. You represent and warrant that: (i) you own and control the rights to the User Content or have obtained all necessary permissions and consents to use and authorize us to use the User Content as provided in these Terms; and (ii) the User Content, and your provision and our use thereof as permitted herein, do not and will not violate or infringe any rights of any third party, including without limitation, any intellectual property rights, rights of publicity, or privacy rights.

We may monitor, edit or remove any User Content at any time and for any reason without notice to you. You are solely responsible for creating backup copies of and replacing any User Content you post on our website.

Prohibited Conduct

Your access to and use of our Services is subject to all applicable laws and regulations, as well as these Terms. You are solely responsible for your conduct on and through our Services and for any consequences thereof. You agree not to use our Services:

In any way that violates any applicable federal, state, local, or international law or regulation;
To engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;
To intercept, examine, or expropriate any information, data, or metadata from any part of our Services;
To probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
To access or search or attempt to access or search our Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us for that purpose;
To forge any TCP/IP packet header, email header, or any part of any message header or header information, or otherwise putting information in a header designed to mislead or misinform;
To interfere with or disrupt our Services, networks, or servers or networks connected to our website, including through the use of viruses, malware, ransomware, worms, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address header information, SQL injection, brute force attacks, and similar methods or technology;
To upload viruses or other malicious code or otherwise compromise the security of our Services;
For any harmful, illegal, or nefarious purpose, or any purpose violating our policies or terms;
To distribute spam, phishing, fraudulent, infringing, obscene, offensive, libelous, unlawful, harmful, threatening, hateful, harassing, abusive, invasive of privacy, or racially, ethnically or otherwise objectionable material of any kind or nature;
For any purpose or in any manner that infringes any patent, trademark, service mark, trade secret, copyright, moral rights, privacy rights, right of publicity, or other proprietary right of any party;
To “stalk”, threaten, or harass, incite violence towards, or otherwise harm any individual or group, including our employees, customers, business partners and contractors;
To obtain or attempt to access or otherwise obtain any materials, documents, or information through any means not intentionally made available or provided for through the Services;
To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information to us; or
To make any unsolicited or unauthorized advertising or solicitations.

You further agree:

Not to register under an assumed name or use an invalid or unauthorized credit card;
Not to share with any third party or transfer any usernames or passwords that you use to access our Services;
To keep any usernames and passwords confidential and secure from unauthorized access;
To supervise and be completely responsible for any use of our Services by minors under your care;
To provide us with accurate contact information about you and to keep your contact information up-to-date; and
To use your real name and only provide accurate information to us.

Disclaimer of Warranties

While we work hard to provide quality and secure Services, we make no warranties or representations about the Services. Our Services are provided “as is” and on an “as available” basis without any representations or warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy. We do not warrant that our Services will meet your expectations or requirements or that the operation of the Services will be uninterrupted or error-free. You use our Services at your own discretion and risk. To the fullest extent permitted by law, we disclaim any and all representations, warranties, and liabilities, whether express or implied.

Limitations of Liability

We will not be liable to you or any third parties under any circumstances for any special, indirect, incidental, punitive, or consequential damages that relate to, result from, or arise out of your use of our Services, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the total liability of Bomgie® and our affiliates and suppliers for any claims under these Terms, including for any implied warranties, is limited to the amount you paid to use our Services.

Indemnification

You agree to indemnify and hold harmless Bomgie® and our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any claims, suits, actions, demands, liabilities, damages, losses, costs, expenses (including attorneys’ fees, expert fees, and court costs) arising out of or relating to: (a) your use of our Services; (b) your violation of these Terms or applicable law; (c) any products or services purchased or obtained through your use of our Services; (d) your violation of any third party rights, including third party intellectual property rights or privacy rights; or (e) any User Content you provide. You agree to promptly notify us of any third party claims for which we may be entitled to indemnification. We may assume the exclusive defense and control of any claims subject to indemnification.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Governing Law

These Terms and your access to and use of our Services will be governed by, construed under, and enforced in accordance with the laws of the State of Tennessee, U.S.A. without regard to conflicts of law provisions. Any legal action arising out of or relating to these Terms must be commenced in the state or federal courts located in Davidson County, Tennessee. You hereby irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

Dispute Resolution

We will try work in good faith to resolve any issue you have with our Services quickly and efficiently. If we are unable to do so, you agree that any dispute arising under or relating in any way to these Terms or your use of our Services will be submitted to confidential, binding arbitration in Nashville, Tennessee. The arbitration will be conducted before a single arbitrator under the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s decision is final and may be entered in any court of competent jurisdiction. You agree that you will only pursue arbitration on an individual basis, and will not commence arbitration proceedings as a representative of a class. You further agree to waive any right you may have to commence or participate in any class action against us related to our Services and to opt out of any ongoing class action against us.

Miscellaneous

You may not assign these Terms without our prior written consent. We reserve the right to assign our rights and duties under these Terms at any time to any party, without notice to you. Our failure to act on any breach of these Terms is not a waiver of subsequent enforcement of that provision or any other provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in effect and construed so as to further effectuate the original intent and purpose of these Terms. The section titles in these Terms are for convenience and have no legal or contractual effect. Any rights not expressly granted herein are reserved. Our electronic records and any oral or written communications between you and us will be admissible as evidence in any arbitration or legal proceeding. The terms of our Privacy Policy are incorporated by this reference.

Contact Us

If you have any questions about these Terms or our Services, please contact us at:

Bomgie® Pool Pump, Pumps, Utility Pump
Address: 200 Powell Pl, Brentwood, TN 37027
Email: [email protected]

Thank you for choosing Bomgie®!