A legal agreement between you, Boomer McLOUD, and Car Essentials is formed by the following terms. By using this website, you acknowledge that these terms, as well as any relevant laws and regulations, have been read, understood, and accepted. You also agree that you have the right to accept these terms on behalf of any other entity you may be acting on behalf of, as well as for yourself. Please refrain from using this website if you do not accept these terms or if you are not permitted to do so. International treaties and US copyright law are only a couple of the legal protections for the content our website offers. New York State will be the exclusive jurisdiction and venue for any litigation arising from the use of or orders made on this website. New York State Common Laws shall apply to any claim relating to the use of this site, its materials, and any sales made under it, without regard to conflict of laws rules.
With pleasure, Boomer McLOUD makes this website available to the public and our clients. Enjoy the website to the fullest extent possible. You and Boomer McLOUD do not enter into an agency relationship by virtue of your decision to use our website or to visit it. You are not acting on our behalf when you utilize our site’s services and browse around. Should Boomer McLOUD offer guidance on utilizing or benefiting from any aspect of the website, you are not obligated to employ or utilize said aspect. The instructions that Boomer McLOUD offers are just meant to tell you how to utilize any such function, should you finally decide to do so at your own discretion.
Use Restrictions: Boomer McLOUD is the owner of the copyright to all content published on this website. Without Boomer McLOUD’s prior written consent, none of the content may be duplicated, reproduced, distributed, republished, downloaded, exhibited, posted, or transmitted in any way, including, but not limited to electronic, mechanical, photocopying, recording, or otherwise. The materials on this site may only be viewed, copied, distributed, and downloaded for personal, non-commercial use by those who are lawfully residing in the United States and who are at least thirteen (13) years of age. All copyright and other proprietary notices are retained, and no modifications are allowed. If you violate any of these terms or conditions, or at Boomer McLOUD’s request, this license will instantly end. You shall destroy any downloaded and printed documents right away upon termination. Additionally, you are unable to “mirror” any of the content on this website. Unauthorized use of any content on this website may be illegal and subject to copyright, trademark, and other laws and regulations.
Boomer McLOUD and its suppliers’ intellectual property is included in the data that underpins and is shown on this website, as well as in any information that is offered to users. It is provided on this website so that you may browse Boomer McLOUD’s product line, learn more about the business and its goods, and place orders with us. It is forbidden for you to use any kind of automatic or manual tool, method, or process intended for data mining or scraping any content, material, or other information from this website, or to use, access, or gather such information from this website by automated means for any kind of purpose. Furthermore, you are not permitted to utilize any of the data, materials, or other information on this website for any software development purpose, including but not limited to machine learning or artificial intelligence (AI) training. The use of an allowed tool, device, or process is still permitted under these terms of use, provided that the data obtained is only used to point users to this website and that users are made aware that this website is the source of the information they are presented with (e.g., googlebot).
To allow you to access and utilize specific areas of our site, we could provide you with an account identity and password. We have no duty to look into the permission or source of any such access or use of the site; instead, you will be presumed authorized to access and use it in accordance with the terms and conditions of this Agreement each time you use a password or other form of identification. REGARDLESS OF WHETHER OR NOT SUCH ACCESS AND USE OF THIS SIT IS ACTUALLY AUTHORIZED BY YOU, YOU WILL BE SOLELY RESPONSIBLE FOR ALL OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE, INCLUDING WITHOUT LIMITATION ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) RESULTING FROM ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU. The security and privacy of the password and identity that have been allocated to you are entirely your responsibility. Any unauthorized use of your password or identity, as well as any other breach or suspected brea=ch of this site’s security, must be reported to us immediately.
You are corresponding with us electronically when you visit the site to send us emails. You agree to receive electronic messages from us. We may send you emails, publish notifications on the site, or use our other services to get in touch with you. You acknowledge and agree that any agreements, notices, disclosures, and other communications we provide you electronically meet all legal requirements for written correspondence.
Boomer McLOUD and other parties own the registered and unregistered trademarks, service marks, and logos (collectively, the “Trademarks”) that are used and displayed on this website. Nothing on this website should be interpreted as providing any license or right to use any trademark featured on it without the owner’s express written consent, whether by estoppel, implication, or other means. Boomer McLOUD takes all legal measures to protect its intellectual property rights. Boomer McLOUD forbids the use of tis emblem as a “hot” link pointing to the Boomer McLOUD website unless written permission has been obtained from Boomer McLOUD beforehand.
THIS WEBSITE AND THE CONTENT CONTAINED WITHIN ARE PROVIDED “AS IS” WITHOUT ANY IMPLIED OR EXPRESS WARRANTIES. BOOMER MCLOUD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER RIGHTS VIOLATIONS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF USING, OR IN ANY OTHER WAY PERTAINING TO, THE MATERIALS OR PRODUCTS ON THIS SITE OR OTHER SITES LINKED TO THIS SITE OR OTHER SITES LINKED TO THIS SITE, BOOMER MCLOUD MAKES NO WARRANTIES OR REPRESENTATIONS.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BOOMER MCLOUD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USING OR BEING UNABLE TO USE THE MATERIALS ON THIS WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH. THIS IS THE CASE EVEN IN CASES WHERE BOOMER MCLOUD OR A BOOMER MCLOUD AUTHORIZED REPRESENTATIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL COSTS IF YOUR USE OF THE MATERIALS ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIRING, OR CORRECTING ANY ITEM. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BECAUSE CERTAIN STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Boomer McLOUD has the right to reject or cancel any orders placed for any product(s) if the erroneous price is shown because of a typographical error, entry error, or inaccuracy in pricing information obtained from our suppliers. Boomer McLOUD will promptly credit your credit card account or other payment method for the amount of the incorrect price if you have already been charged for the purchase and cancel your order. Normally, your credit card or other form of payment is not charged before an order is shipped.
Getting an electronic or other type of order confirmation does not mean that we have accepted your order or that our offer to sell has been confirmed. Following receipt of your order, Boomer McLOUD retains the right, at any time, to accept or reject your order for any reason. Boomer McLOUD solely sells to end users in the United States: orders from dealers, exporters, wholesalers, or other clients who want to resell the goods they buy from Boomer McLOUD are not accepted.
When we send the goods to the carrier in accordance with our regular terms of sale, you become the owner and assume the risk of loss for the things you have ordered. Until the returned item reaches our fulfillment center, we do not assume the title. We reserve the right to give a refund in the absence of a return. In this case, we do not claim ownership of the returned item.
Our guiding principle is to serve every customer – including our own – with fairness and reason. In the event that You and Boomer McLOUD have a disagreement, grievance, or claim, You and Boomer McLOUD undertake to cooperate actively and sincerely in order to come to a just and equitable agreement that benefits both of you. Sometimes, in spite of our best efforts, You and Boomer McLOUD may need the assistance of a third-party to help settle your dispute.
YOU AND BOOMER MCLOUD AGREE THAT ANY DISAGREEMENTS THAT ARISE BETWEEN US AND ARE NOT RESOLVED AMICABLY WILL ONLY BE SETTLED INDIVIDUALLY THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT. IN ADDITION, YOU AND BOOMER MCLOUD AGREE TO GIVE UP ANY RIGHTS TO A JURY TRIAL, TO TAKE PART IN A CLASS ACTION LAWSUIT RELATED TO ANY SUCH DISPUTES, AND TO FILE OR PURSUE ANY CLAIMS IN A GROUP OR CONSOLIDATED MANNER.
All Disputes Covered: Every issue, grievance, demand for relief, and claim of any kind that may come up between You and Us will be covered by this arbitration agreement, you and Boomer McLOUD agree. These issues include, but are not limited to, those arising out of or connected to these Terms, the operation and content of the website, you use of the website, communications between You and Us, and the purchase and use of all goods and services that We provide (each a “Dispute,” and, collectively, the “Disputes”). You and Boomer McLOUD additionally agree that our shared duty to arbitrate applies to any type of dispute, including but not limited to statutory, regulatory, constitutional, and common law disputes. This includes disputes involving claims of carelessness and deliberate wrongdoing (including fraud or deception), regardless of the law’s source or origin that may govern or give rise to such disputes.
All Persons and Entities Covered: This arbitration agreement is applicable to all individuals working for, on behalf of, or under the direction or control of Boomer McLOUD, including its parents, subsidiaries, and sibling corporations, as well as all agents, attorneys, contractors, service providers, and staff. As well as our respective heirs, successors and assigns, You and Us are bound by the terms of this arbitration agreement.
Governing Law: This arbitration agreement is governed solely by federal law and the Federal Arbitration Act (“FAA”), not by any state, local, or foreign laws that may limit the availability or scope of arbitration or implore requirements that are in conflict with or greater than those set forth in the FAA.
The Informal Settlement Process: You and Boomer McLOUD shall initially attempt to resolve each dispute through an informal resolution procedure for a period of sixty (60) days prior to You or Boomer McLOUD filing a claim in arbitration or small claims court.
The claiming party must send the other party a brief written statement (referred to as a “Claim Statement”) outlining all disputes in enough detail for the other party to comprehend and look into them, along with a proposal for resolving them. The proposal must include the amount of money being claimed and the methodology used to calculate it. This is the first step in the informal settlement process. You consent to transmitting Claim Statements to admin@boomer-mcloud.com via email or by certified mail with a request for a return receipt to:
Boomer McLOUD
1029 Central Avenue
Albany, New York 12205
ATTN: Legal Department
After receiving the Claim Statement, you and Boomer McLOUD will next work together in good faith to settle each of the disputes mentioned in the Claim Statement separately. You and Boomer McLOUD shall have the option, subject to the conditions outlined below, to settle any such dispute in small claims court or by individual arbitration if it is not resolved within sixty (60) days of receiving the Claim Statement.
Disputes Not Settled Informally May Only Be Resolved in Small Claims Court or By Individual Arbitration. Any disputes that remain unresolved after the 60-day informal settlement process may be brought individually either (1) in small claims court in (a) your county, if one exists and has the authority to hear the dispute, or (b) in another location in that you and Boomer McLOUD agree upon, provided that the disputes (and the relief they seek) are admissible in that court, or (2) in bind individual arbitration as specified in this arbitration agreement.
An arbitrator must abide by this arbitration agreement in the same manner as a court, even if there is no jury or judge present. The arbitrator also has the authority to provide the same specific remedies. Should You and Boomer McLOUD differ regarding whether a dispute needs to be arbitrated, the arbitrator will have the exclusive power to resolve all such disputes, to the extent allowed by law. This includes debating the creation validity, and enforceability of this arbitration agreement, its parameters, and the arbitrability of any dispute that may arise between you and us.
Any court with the necessary authority may enforce these arbitration requirements (including those pertaining to mass arbitration as outlined below) and, if necessary, enjoin the AAA or any other organization, arbitrator, or mediator from filling or prosecuting arbitrations or from charging fees in a way that is inconsistent with this arbitration agreement.
Whether your claim is pursued as part of a Mass Arbitration (which is described below) or individually will determine how the arbitration procedure is carried out. If there is a disagreement about a mass arbitration between the Mass Arbitration Rules and the General Arbitration Rules, the Mass Arbitration Rules shall take precedence. In the event that not, these General Arbitration Rules will apply. You and Boomer McLOUD agree that any court actions will be halted until all arbitrable causes of action and relied claims have been resolved, provided that no claim for relief or cause of action can, for any reason, be handled in arbitration.
There will only be one arbiter for each arbitration. These agreements, the AAA Consumer Arbitration Rules, and the AAA Consumer Due Process Protocol – which are available at adr.org/consumer – will govern arbitrations involving consumer disputes. These agreements, the AAA Commercial Arbitration Rules, and the AAA Optional Appellate Rules – which are available at adr.org/commercial – will govern any subsequent arbitrations. The contents of this arbitration agreement will take precedence over any relevant AAA rules and procedures in the event of a dispute, but only to the degree necessary to maintain the parties’ shared responsibility to arbitrate disputes.
Any individual claim for actual or statutory damages under $25,000 (US) must be settled through binding non-appearance-based-arbitration, with the parties’ written submissions serving as the only basis for resolution. This excludes any claims for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, as well as damage multipliers. Unless the parties agree differently in writing, all other arbitrations will take place over the phone, online, or exclusively through written submissions, including affidavits. No personal appearances by the parties or witnesses will be required. Any court with the authority to do so may enter a judgment on an arbitrator’s award.
Except as otherwise expressly provided, the American Arbitration Association shall be the arbitration administrator. To begin an arbitration proceeding, the party initiating the arbitration must send a letter requesting arbitration and describing the dispute(s) to:
American Arbitration Association Case Filing Services
1101 Laurel Oak Road
Suite 100
Voorhees, NJ 08043
Or by filing the request online through AAA’s website: adr.org/support. For demands initiated against Boomer McLOUD, a copy of the demand must also be sent by mail to:
Boomer McLOUD
1029 Central Avenue
Albany, New York 12205
ATTN: Legal Department
Or email to: admin@boomer-mcloud.com
You and Boomer McLOUD shall negotiate in good faith to substitute another organization or person to handle the arbitration in a way that complies with the terms of our arbitration agreement in the event that the AAA is, for any reason, unable, or unwilling to handle an arbitration under these rules. In the event that neither you nor Boomer McLOUD can agree on a suitable substitute, you may ask a court of competent jurisdiction to designate a body or person to carry out the arbitration in accordance with the terms of our arbitration agreement.
Mass Arbitration Rules: These special rules will apply if twenty-five (25) or more claimants file, or indicator an intention to file, demands for arbitration against Boomer McLOUD raising substantially identical claims, either directly or through counsel, and the claimants’ counsel is the same or coordinated across such disputes (a “Mass Arbitration”). If these Mass Arbitration Rules and any other clauses in this arbitration agreement contradict in the event of a Mass Arbitration, these Mass Arbitration Rules shall take precedence.
Before moving forward with arbitration, each individual claimant included in a mass arbitration must finish the informal settlement procedure. The filing of a single Claim Statement for all Mass Arbitration claimants must be approved by the claimants’ and Boomer McLOUD’s attorneys, provided that each claimant’s name and postal address are included. The Mass Arbitration claimants must then follow the “bellwether procedure,” which is detailed below. This involves a group of ten (10) selected claimants preceding to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process through which the disputes of one or more mass Arbitration claimants may be settled. This process ends after the sixty (60) day informal settlement process for all Mass Arbitration claimants.
Claimant’s counsel and Boomer McLOUD’s counsel will each choose five (5) claimants for bellwether arbitrations (a total of ten 10) to be decided individually and promptly as bellwether arbitrations conducted in accordance with the General Arbitration Rules stated in these terms, above, with a different arbitrator assigned to each case. Boomer McLOUD retains the right, in its sole discretion, to let claimant attorneys to choose from among the ten (10) bellwether instances. Please note that the AAA Multiple Consumer Case Filing Fee Schedule will apply to these bellwether arbitrations. Unless the parties agree otherwise, each bellwether arbitration must be finished within one hundred twenty (120) days after the day when all ten (10) claimants for bellwether arbitrations were chosen. Until the ten (10) bellwether arbitrations and the subsequent mediation process mandated by the Mass Arbitration rules (and detailed below) have concluded, no further demands for arbitration may be filed, processed, or in any other way deemed filed. Additionally, no fees or arbitrator compensation will be assessed regarding such stayed cases. All relevant statutes of limitations for such stayed disputes will likewise apply until the conclusion of the mediation procedure mandated by these Mass Arbitration Rules.
Following the conclusion of the ten (10) bellwether cases, attorneys for Boomer McLOUD and claimants will swiftly and voluntarily engage in confidential, non-iding mediation for sixty (60) days in an attempt to fairly settle any mass arbitration disputes. The American Arbitration Association’s current mediation procedures will be applied throughout this mediation process, which will be facilitated by the AAA. Counsel for those claimants shall present that written settlement offer, in the exact form in which it is tendered, to each claimant to whom it is directed if Boomer McLOUD makes a written settlement offer before or during the mediation in an attempt to resolve the claims of some or all Mass Arbitration claimants.
All Mass Arbitration claimants may pursue their claims individually, but only through FairClaims, Inc. (“FairClaims”), to be arbitrated under FairClaims’ Small Claims Rules & Procedures, if the bellwether arbitrations and the ensuing mediations fail to settle the disputes of all Mass Arbitration claimants. You and Boomer McLOUD agree that any court proceedings involving Mass Arbitration claimants and Boomer McLOUD regarding their disputes shall be stayed pending the final resolution in arbitration with Boomer McLOUD of all arbitrable causes of action or claim for relief cannot, for any reason, be addressed by FairClaims under its Small Claims Rules & Procedures.
Boomer McLOUD and claimant counsel shall negotiate in good faith for the substitution of another organization or individual to carry out these functions in a way that is cost-effective to both parties and precedes in accordance with the requirements of our arbitration agreement, including these Mass Arbitration Rules in the event that the AAA is for any reason unavailable or unable to handle the bellwether arbitrations or the mediation required by these Mass Arbitration Rules. Boomer McLOUD or claimant counsel may petition a court of competent jurisdiction to designate an entity or person to conduct the bellwether arbitrations and mediation in accordance with the terms of this arbitration agreement, including the Mass Arbitration Rules, in the event that such an agreement cannot be reached for any reason.
Costs and Fees. In the case of a dispute, you and Boomer McLOUD will pay our own expenses as well as the arbitrator’s and lawyers’ fees; provided, however, that any party may recover costs and fees to the extent allowed by the relevant law. The arbitrator may award costs, arbitration fees, and attorney’ fees to the party defending itself in connection with the disputes if it finds that the arbitration was brought in bad faith, for an improper purpose, or to exert unfair pressure disproportionate to the harm alleged in the disputes, or that the demand was frivolous.
No Class Actions. You and Boomer McLOUD agree that we can each only file disputes against the other on an individual basis. This means: (a) neither You nor We can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrations decision or award in one person;s case can only decide the disputes of that user, not other users. This section is not meant to restrict the specific remedies that You or We may pursue in arbitration or small claims court. This clause also does not restrict the parties’ ability to settle a dispute amicably through a class-wide settlement of claims.
Rules of Construction. To the greatest degree allowed by law, the dispute resolution provisions of these conditions will be construed in a way that will enable all disagreements to be settled in arbitration in a way that is economical for all parties.
Severability. The remaining sections must continue in effect to the fullest degree permissible by law in a manner that allows arbitration of disputes in a way that is economical for all parties in the event that any conditions pertaining to dispute resolution are found to be unenforceable. Any other provision of the terms will be deemed null, void, and of no effect, and the dispute resolution provisions of these terms will take precedence if it is determined that it conflicts with the rights, obligation, and requirements of these terms regarding dispute resolution, or if applying such a provision would alter or render unenforceable any provision of these terms related to dispute resolution.
30-Day Right to Opt Out of Arbitration Agreement. Within 30 days of initially becoming subject to this arbitration agreement, you have the option to withdraw from its terms by submitting writing notification of your desire to do so [admin@boomer-mcloud.com]. Your name, address, and email address must be included in your notification, along with a clear declaration that you wish to withdraw from this arbitration agreement. All other provisions of these conditions will apply to you even if you choose to withdraw from this arbitration agreement. Any other arbitration agreements you may have with us now or in the future will be unaffected if you choose to opt out of this one.
Survival: The arbitration agreement and any other agreement and any other agreements pertaining to dispute resolution will remain in effect after termination.
Anything you submit, post, or provide us with in the site with the expectation of what is specifically stated otherwise in this agreement or on the site, will be considered non confidential and nonproprietary. We will have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form, as well as the right to translate, modify, reverse engineer, disassemble, or decompile such submissions. We will not return any submissions to you; they will all instantly become our exclusive property.
You also give us permission to use the name you submit with any review, comment, or other content, in addition to the rights applicable to any submissions, when you publish reviews or comments on the site. You guarantee and declare that you are the owner of all rights to the reviews, comments, and other content you publish on this website, and that we won’t violate or infringe upon any third party rights by using your reviews, comments, or other content. You agree not to mislead us or any other party about the origin of any submissions or content, use a fraudulent email address, or pose as someone else. For whatever reason, we reserve the right, but not the obligation, to remove or alter any submissions (including reviews and comments).
In accordance with their regulations, we are obligated by law to send lists or state residents to some states, along with other personally identifiable information including email addresses, postal addresses, and the items we have purchased.
Any content, idea, or communication you provide to Boomer McLOUD or its affiliates through this website will be considered non-proprietary and non-confidential, and Boomer McLOUD and its affiliates may use or distribute it for any reason. Dispute the aforementioned, Boomer McLOUD will treat any personal data submitted in compliance with its privacy policy. It is forbidden for you to upload or send any illegal, threatening, defamatory, libelous, obscene, scandalous, inflammatory, pornographic, or profane content to or from this website, or any other content that could expose you to legal repercussions on a civil or criminal level.
Boomer McLOUD is dedicated to protecting the privacy of all users of its website, including minors. We will not intentionally collect any personally identifying information from children under the age of thirteen (13) in accordance with the Children’s Online Privacy Protection Act. Products meant for adult purchases are offered on boomer-mcloud.com. By using boomer-mcloud.com to make purchases, you are certifying that you are an adult. You must seek your parent or legal guardian for help if you are under thirteen (13) in order to use boomer-mcloud.com.
Any sales made from Boomer McLOUD, whether through our website, retail stores, or our call centers, shall be subject exclusively to the terms of sales, shipping methods/fees/times, and product warranty (if any), as well as all other terms and conditions set forth in writing on the Boomer McLOUD site and/or catalog. This is true regardless of any terms or instructions to the contrary in any documents or communication made by a visitor or potential customer of Boomer McLOUD. The visitor’s or customer’s additional terms and conditions are null and void, and the Boomer McLOUD terms and conditions take their place in full. Any organization or person making an order with Boomer McLOUD certifies that it is aware of this condition and that it is within their authority to accept it.
Boomer McLOUD explicitly retains the right to alter and/or discontinue this site at any time, without prior notice, and at its sole and absolute discretion. Boomer McLOUD may amend these Terms of Use at any time by amending this posting. You acknowledge that you will be bound by any such modifications by using this site, therefore you should check this page from time to time to see the most recent version of the Terms of Use that apply to you.
