General Description

Welcome to BoonYah.com. BoonYah is a provider of online deals, offers, coupons, gifts and prizes from our clients to the general public (‘Services’) including information from certain businesses (‘Merchants’). These terms of use (‘Terms’) apply to the desktop version and mobile version of BoonYah.com (‘Site’) and our Services. By accessing, using, or contributing to the Services or the Site (‘User’), and in consideration for the Services we provide to you, you agree to abide by these Terms, whether or not you are a registered user of our Service. If you do not agree to be legally bound by all the following Terms, please do not access and/or use the Site or Services. BoonYah may change these Terms from time to time, at our sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes to these Terms. Please periodically visit this section of the Site to review the current version of these Terms.

Privacy And Intellectual Property Protection

Our privacy policy explains how we treat your personal data and protect your privacy when using our Site or Services. By using our Services, you agree that BoonYah may use such data in accordance with our privacy policy. Using our Services does not give you ownership of any intellectual property rights in our Site, Services or the content you access. The materials contained in and on this site are protected by applicable copyright and trademark law. All copyrights, trademarks, patents and other intellectual property rights on our Site and in Services shall remain the sole property of BoonYah. The use of our trademarks, content and intellectual property is forbidden without the express written consent from BoonYah.

Use Of Our Services

Merchants subscribing to BoonYah get access to an online engagement portal to review data regarding users of the BoonYah Services in connection with their business. Merchants can use such data to engage with their customers, build loyalty and get a better understanding of their customers. Users accessing BoonYah via the web or mobile device have a chance to win prizes at Merchants, receive gifts from these Merchants and get access to content provided by these Merchants. In order to register, subscribe, play, participate, create an account or opt-in, personal information is collected to give you access to the Services. You can stop using our Services and opt-out at any time. This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are between 13 years of age and 18 years of age you may use the Services only if you either are an emancipated minor or have the consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its Terms. You agree to use our Site and Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit any other User’s enjoyment of the Site or Services. You must not use our Site or Services to send unsolicited commercial communications. You must not use the content on our Site or Services for any marketing related purpose without our express written consent. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account pin number secure. You must notify BoonYah immediately of any breach of security or unauthorized use of your account. Although BoonYah will not be liable for your losses caused by any unauthorized use of your account; you shall be liable for the losses of BoonYah or others due to such unauthorized use. All aspects of the Service are subject to change or elimination at BoonYah’s sole discretion. BoonYah reserves the right to interrupt the Site or Services and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site or Services with or without prior notice for any reason or no reason. You agree that BoonYah will not be liable to you for any interruption of the Site, Services or your account. You are solely responsible for your interactions with other BoonYah Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. BoonYah shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Not Responsible For Offers, Coupons, Deals, Gifts Or Prizes

You expressly agree that delivery of Offers, Coupons, Deals, Gifts or Prizes is the sole responsibility of the Merchant offering such Offers, Coupons, Deals, Gifts or Prizes and BoonYah has to responsibility or liability regarding the Offers, Coupons, Deals, Gifts or Prizes. You also acknowledge that BoonYah has no control over the quality, safety, legality, or accuracy of any Offers, Coupons, Deals, Gifts or Prizes. Accordingly, you irrevocably release BoonYah (and its officers, directors, employees, representatives and agents) from any claims, demands and damages (actual and consequential) of every kind and nature (known and unknown, disclosed and undisclosed), that may arise from any dispute you may have with a Merchant. If you are a California resident, you waive California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Third-Party Links

The Service may contain links to third-party sites, advertisers, or services that are not owned or controlled by BoonYah. BoonYah has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party sites or services. If you access a third party site from BoonYah, you do so at your own risk, and you understand that this Agreement and BoonYah’s Privacy Policy do not apply to your use of such sites. You expressly relieve BoonYah from any and all liability arising from your use of any third-party site or services or third party owned content. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party site or service that you visit.

Disclaimer Of Warranties And Limitation Of Liability

THE SITE AND SERVICES ARE PROVIDED NO AN “AS IS” AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS IN OR ON THIS SITE OR THAT ANY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR WITH OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOONYAH, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SITE OR SERVICES; (C) THE SERVICES IN GENERAL OR THE SOFTWARE OR SYSTEMS THAT MAKE THE BOONYAH SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH BOONYAH OR ANY OTHER USER OF THE BOONYAH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BOONYAH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. The Service is controlled and operated from its facilities in the United States. BoonYah makes no representations that the Site or Service is appropriate or available for use in other locations. Those who access or use the Site or Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Indemnity

You agree to defend, indemnify and hold harmless BoonYah and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site or Services, including any data or content transmitted or received by you; (ii) your violation of any Term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Site or Services with your pin number or other appropriate security code.

Contact Information

Please contact us if you have any questions or comments about this Terms of Use. You can reach us by email at Legal@BoonYah.com, by phone at 877-666-3393 or via postal mail at the following address:
iGo Marketing, LLC
BoonYah
Attention: Legal Department
2703 Market Center Drive
Rockwall,TX 75032