Privacy Policy

KINDLY ENSURE THAT YOU REVIEW THESE TERMS THOROUGHLY BEFORE ACCESSING BOMUCA SITES.

These Terms outline the rules for using BOMUCA’s websites and the content contained within them, including but not limited to text, graphics, photographs, images, animations, sound, products, services, and their arrangement (hereafter referred to as the "Content"). BOMUCA operates these websites along with its affiliates, subsidiaries, representatives, and, where applicable, licensees (collectively referred to as “BOMUCA” or “we”). The use of the Site is also governed by BOMUCA’s Global Privacy Policy (hereafter referred to as the "Privacy Policy"), as outlined below.

By accessing or using BOMUCA’s Site and their Contents, you (the “User”) fully accept BOMUCA’s Terms and Privacy Policy without any conditions. If you disagree with these Terms, you are advised not to use the Sites. Unless otherwise specified on specific Sites, access to BOMUCA’s websites is free of charge. However, all expenses related to accessing the Internet to use the Sites remain your responsibility unless expressly stated otherwise. 

PRIVACY STATEMENT

Use of BOMUCA Sites is governed by the BOMUCA Global Privacy Policy (the "Privacy Policy"). If a specific Site includes additional or separate privacy terms ("Additional Privacy Terms"), your use of that Site will also be subject to those Additional Privacy Terms.

MODIFICATION OF TERMS 

From time to time, BOMUCA may revise these Terms. When such changes occur, they will be posted on this page, and the "Last Updated" date above will be refreshed. By continuing to use our Sites, you agree to the updated Terms.

STATEMENT ON COOKIE MANAGEMENT AND USE

By accessing and utilizing this website, you hereby acknowledge and provide explicit consent to BOMUCA’s use of cookies, as described in this policy. Cookies are employed to facilitate seamless navigation, optimize website functionality, analyze traffic patterns, and provide customized content and advertisements, in strict compliance with applicable privacy, data protection, and electronic communications regulations.

Users retain the right to modify or withdraw their cookie preferences at any time through their browser settings or the cookie management tool provided on this site. However, please be aware that disabling certain categories of cookies may impair website performance or limit access to specific functionalities and services offered by BOMUCA. 

For additional information on the nature and purpose of the cookies utilized, as well as the processing of personal data collected through cookies, please refer to our Privacy Policy. Your continued use of this website without amending cookie preferences constitutes your informed agreement to the practices outlined herein.

PERSONAL USE OF SITES

The Sites and all associated content, tools, and functionalities are provided by BOMUCA to authorized users strictly for lawful and intended for personal and commercial purposes to place an order with BOMUCA.

By accessing and utilizing the sites, User affirms his compliance with BOMUCA's Terms of Service, applicable regulations, and intellectual property laws governing the use of proprietary materials, trademarks, and digital assets. The User is granted a revocable, non-exclusive, and non-transferable license to use the sites solely for commercial activities directly aligned with BOMUCA's services, commercialization of products and offerings.

Any unauthorized use, including but not limited to reproducing, distributing, modifying, or exploiting the sites’ resources for purposes beyond their intended scope, constitutes a violation of BOMUCA's policies and may result in immediate termination of access privileges and potential legal action. Additionally, users must refrain from any activities that could disrupt the functionality, security, or integrity of the sites, such as introducing malicious software, circumventing security mechanisms, or engaging in unauthorized data extraction. BOMUCA reserves the right to monitor usage of the sites to ensure adherence to its policies and to take corrective or legal measures in cases of misuse or non-compliance. By accessing the sites, users acknowledge and agree to these conditions and understand that BOMUCA retains full discretion to amend the terms of use as deemed necessary.

You acknowledge that any unauthorized use grants us the right to seek an injunction and pursue any other remedies available under the law or equity. Subject to specific restrictions or limitations explicitly stated on the Sites concerning certain materials, you may electronically copy and/or print hard copies of the Content exclusively for your personal use or to place an order with BOMUCA.

You may not use meta tags or any "hidden text" utilizing BOMUCA’s name or trademarks, or those of manufacturers of products featured on the Sites, without explicit written authorization. Permitted links to this Site must comply with all applicable laws, rules, and regulations.

You agree not to take actions that:

  • Impose, at BOMUCA's sole discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Disrupt, interfere, or attempt to interfere with the proper functioning of the Sites or activities conducted within them. 
  • Bypass measures implemented to prevent or restrict access to the Sites. 

ENDORSEMENTS, REVIEWS, AND RATINGS

The following outlines your responsibilities and obligations, as well as BOMUCA’s rights concerning endorsements, reviews, and/or ratings (referred to as “E&R”) related to BOMUCA products and services, which you may submit on BOMUCA’s Sites. 

YOUR RESPONSIBILITIES AND OBLIGATIONS

By submitting an E&R, you confirm and agree that:

  • Your E&R is your own creation, submitted in good faith. 
  • You are an actual user of the BOMUCA product, and your E&R reflects your honest and genuine opinion. 
  • You, not BOMUCA, are solely responsible for the content of your E&R. 
  • You release, indemnify, and hold harmless BOMUCA, its officers, directors, employees, and affiliates, along with their successors and representatives, from any claims, liabilities, or damages related to your E&R. This includes claims of false advertising, copyright infringement, invasion of privacy, violation of publicity rights, moral rights, or defamation. 
  • You will not include personal information about yourself or others in your E&R (e.g., surnames or other identifiable details). You may use only your first name or nickname. 
  • BOMUCA may request certain personal information (such as an email address) for authentication purposes or communication about your E&R. However, this information will not be published alongside the E&R.

FURTHERMORE, YOU AGREE THAT:

  • You are not employed by BOMUCA or affiliated with any agency hired by BOMUCA to promote or sell its products. If this is the case, you will disclose your relationship with BOMUCA clearly in your E&R.
  • Your E&R is submitted without any payment, benefit, or promise thereof.
  • Your E&R does not include content that is false, offensive, misleading, obscene, defamatory, or otherwise inappropriate, nor does it violate the rights of third parties (e.g., copyright or trademarks).
  • Your E&R does not reference other companies, brands, or their products.
  • Your E&R does not contain harmful programming such as viruses, malware, or any other damaging code.

BOMUCA’S RIGHTS 

BOMUCA reserves the right to:

  • Use, reproduce, adapt, publish, distribute, display, or perform your E&R in any format or media, online or offline, without notice or payment to you. 
  • Refuse or remove any E&R that violates these Terms or applicable laws. 
  • Edit or remove personal information from your E&R to ensure compliance with data protection regulations.

While BOMUCA may utilize third-party services to authenticate and monitor E&Rs for compliance, these processes do not guarantee your ability to edit or remove an E&R once submitted. E&Rs are deemed non-confidential and non-proprietary, with monitoring conducted manually or through automated systems.

Opinions shared in E&Rs are solely those of the individuals who submitted them and do not reflect the views of BOMUCA. BOMUCA does not guarantee the accuracy, usefulness, or completeness of any E&R.

USER SUBMISSIONS (OTHER THAN E&R)

These Terms govern your responsibilities, conduct, and obligations, as well as BOMUCA’s rights concerning any submissions you make that are not related to reviews and ratings (“E&R”). Submissions may include text, photos, videos, posts, communications, audio recordings, artwork, or other materials or information submitted to BOMUCA or its Sites (hereafter referred to as “Submissions”). BOMUCA does not guarantee that you will have the ability to edit or delete your Submission once it is submitted. With the exception of personal data that we may collect for authentication purposes or as required by law, all Submissions will be considered non-confidential and non-proprietary.

It is important to note that specific BOMUCA promotional activities involving Submissions may be subject to additional terms and conditions.

YOUR RESPONSIBILITIES AND OBLIGATIONS

When submitting a Submission, you confirm and agree to the following:

  • You are at least 18 years old.
  • Your Submission is voluntary, original, created by you in good faith, and does not impersonate or contain the work of others without authorization.
  • Your Submission does not include any personal information of third parties or opinions about identifiable individuals unless you have obtained their prior consent.
  • For Submissions marked as public, you will exclude any content that could identify yourself or others, such as full names or detailed personal data. Instead, you may use only your first name or a nickname. Where necessary, personal data (e.g., your email address) may be collected for authentication or communication purposes, but this information will not be published with the Submission.
  • You are not an employee of BOMUCA, nor are you affiliated with any agency or partner hired by BOMUCA to promote or sell its products. If you are, you must disclose your relationship with BOMUCA clearly and prominently in your Submission.
  • Your Submission is not made in exchange for any payment, promise of benefit, or other compensation. If compensation or benefits are involved, you must disclose this fact explicitly when submitting your content and comply with these Terms. Additionally:
  • Your Submission has not been and will not be used in other advertising or promotional materials for BOMUCA or any third parties.
  • If your Submission includes feedback or experiences with a BOMUCA product, you confirm that you are a bona fide user of the product and that your statements reflect your true and current experiences.

YOUR SUBMISSION MUST NOT CONTAIN: 

  • False, misleading, offensive, or inappropriate content (e.g., defamatory, hate speech, libelous, slanderous, or obscene material).
  • References to other brands, companies, third-party websites, or personal contact details such as email addresses or phone numbers.
  • Viruses, malware, or any harmful programming.
  • Content designed to disrupt the Site or mislead others (e.g., repetitive posts or irrelevant submissions).

BOMUCA’S RIGHTS

By submitting your content, you grant BOMUCA the following rights to the extent permitted under applicable law:

  • A non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable, and transferable license to use, adapt, publish, distribute, display, and perform your Submission in any media or format, whether now known or developed in the future. This may include promotional, advertising, and public viewing purposes without additional notice, permission, or payment to you.
  • Permission to use personal elements of your Submission (e.g., name, biographical details, images, recordings) in any media or format, whether online or offline, for promotional or other uses as described above.

By making a Submission, you also agree to:

  • Waive any moral rights associated with the Submission to the fullest extent permitted by applicable law.
  • Release and indemnify BOMUCA, along with its officers, employees, and affiliates, from any claims or liabilities arising from your Submission.

Please note that all opinions and information included in a Submission reflect the views of the individual and not those of BOMUCA. BOMUCA does not endorse or guarantee the accuracy or reliability of any Submission.

MONITORING AND COMPLIANCE

BOMUCA may use trusted third parties to review Submissions before publication to ensure compliance with these Terms. Periodic monitoring and sampling may also be conducted, both manually and through automated systems, to ensure adherence to applicable policies and regulations.

BOMUCA RESERVES THE RIGHT TO: 

  • Remove or refuse Submissions that violate these Terms or legal requirements. 
  • Edit or delete personal information from Submissions to comply with data protection standards. 

TERRITORY SCOPE OF SITE, CLAIMS AND COMMUNICATIONS

BOMUCA manages and operates its Sites globally. Any claims or statements regarding the effectiveness of BOMUCA’s products, or comparisons between BOMUCA’s products and those of others, are strictly limited to the specific country where the Site publishing such claims or statements is based, unless otherwise indicated on the Site. Unless explicitly stated, the Sites are intended to promote only those BOMUCA products available for sale in the country where the Site is operated. BOMUCA does not guarantee that the materials or products described on the Sites are suitable or accessible for use in other locations.

Accessing the Sites from jurisdictions where their content is unlawful is strictly prohibited. Individuals who choose to access the Sites from outside the country in which the Site is published do so at their own discretion and bear the responsibility of adhering to local laws. Additionally, you are prohibited from using or exporting the Content in ways that violate the export regulations and laws of the country where the Site is based.

By visiting this Site or sending us emails, you are engaging with BOMUCA through electronic communication. At our discretion, we may also communicate with you electronically, such as by posting updates or notices on the Site or replying to your emails. You acknowledge and agree that all agreements, notifications, disclosures, or other communications provided to you electronically fulfill any legal requirement for such communications to be in written form.

DISCLAIMERS

All content and materials provided on the Site are offered "as is" without any warranties, whether express or implied. To the maximum extent permitted by applicable law, BOMUCA disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement. BOMUCA does not guarantee or make representations regarding the accuracy, reliability, or outcomes resulting from the use of the materials provided on the Site.

The materials on the Site may include typographical errors or technical inaccuracies. Additionally, these materials might become outdated or inaccurate over time due to ongoing developments. BOMUCA assumes no responsibility to verify or ensure the continued accuracy of such information.

Because certain jurisdictions may not permit limitations on the duration of implied warranties or the exclusion or restriction of liability for incidental or consequential damages, these limitations may not apply to all users.

BOMUCA strives to ensure the proper functioning and upkeep of its Sites but cannot guarantee the absence of defects or disruptions in their operation. Regarding the operation of the Sites, BOMUCA expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement.

I. BOMUCA makes no assurances regarding: The Sites meeting user expectations or requirements;

II. Continuous, timely, or secure access to the Sites, free from viruses, malware, worms, Trojan Horses, or other harmful components, defects, or errors;

III. The reliability or accuracy of results obtained through the use of the Sites; or

IV. Correction of any defects.

You, not BOMUCA, are solely responsible for any costs related to servicing, repairs, or corrections required for your equipment or software due to viruses, errors, or other issues arising from your use of the Sites.

Certain jurisdictions may impose restrictions on the limitation of implied warranty durations or the exclusion of liability for incidental or consequential damages, so some of the disclaimers and limitations stated above may not be applicable to you.

 LIMITATION OF LIABILITY

Under no circumstances shall BOMUCA be responsible for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any other form of damages, even if BOMUCA has been informed of the possibility of such damages. This applies to damages arising from or related to the use, inability to use, or performance of information, services, products, or materials provided through this site, whether based on contract, negligence, or any other legal theory. These limitations apply regardless of the failure of any remedy to achieve its essential purpose.

If the limitation of liability outlined above is deemed unenforceable, the maximum liability of BOMUCA to you shall be limited to the amount you paid for the products or services you ordered through the Site. Please note that certain jurisdictions may not permit the limitation or exclusion of specific types of damages.

As a result, some of the limitations or exclusions above may not apply to you, depending on the applicable laws in your jurisdiction. If local laws do not permit you to waive certain rights or remedies as part of your use of the Site, these Terms do not require you to forgo any such rights.

APPLICABLE LAW AND DISPUTES

To the extent allowed by law, these Terms will be governed by and interpreted in accordance with the substantive laws of the State of California, U.S.A., excluding its provisions regarding conflicts of laws.

By accepting these terms, you agree to waive your right to a jury trial or participation in a class action. Claims against BOMUCA may only be brought in your individual capacity and not as a plaintiff or member of any class or representative proceeding. All legal actions or proceedings must be conducted on an individual basis; class actions are strictly prohibited.

In the event of a disagreement (“Dispute”) between you and BOMUCA that arises directly or indirectly in connection with these Terms, BOMUCA’s Sites, or the purchase or use of any products, goods, or services from BOMUCA, you agree to (i) participate in the Mandatory Informal Dispute Resolution Process described below, and (ii) if the Dispute cannot be resolved informally, to follow the Formal Dispute Resolution Process.

MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS

For any dispute arising between you and BOMUCA concerning or relating to these Terms, a BOMUCA Site, or your purchase or use of a BOMUCA product, good, or service, you agree to make a sincere effort to resolve the dispute informally before initiating any formal dispute resolution process as outlined below.

This informal dispute resolution process is a required step before pursuing any legal action against BOMUCA. To begin this process, you must provide a written description of the dispute, detailing the nature and basis of the claim, along with the relief sought (including a calculation for the relief), and include your contact information (name, address, email, phone number, and, if applicable, account number, purchase order numbers, and transaction confirmation codes). This written description (the “Notice”) must contain sufficient details to identify your transaction, account, or other relevant information. You agree to send the Notice to the following address: 2434 Fenton St, Suite 200, Chula Vista, California, 91914, USA. The Notice must be personally signed by you (and, if applicable, by your attorney if you are represented).

Once the Notice is delivered and received, both parties agree to engage in good-faith negotiations to resolve the dispute. If the dispute remains unresolved after sixty (60) days from the receipt of the completed Notice, each party will proceed to the Formal Dispute Resolution Process described below. During this informal dispute resolution process, any applicable deadlines, such as limitations periods or filing requirements, will be paused (“tolled”). Additionally, a court may enforce the terms of this informal dispute resolution process.

FORMAL DISPUTE RESOLUTION PROCESS

Any dispute between you and BOMUCA, whether directly or indirectly related to these Terms, a BOMUCA Site, or your purchase or use of BOMUCA products, goods, or services, that cannot be resolved through the informal dispute resolution process described earlier, shall be resolved exclusively in the state or federal courts located within the territory of California. By agreeing to these Terms, you irrevocably consent to this venue and accept the exclusive jurisdiction of such courts over any such dispute.

To the fullest extent permitted by law, you also irrevocably waive your right to a jury trial in any legal proceeding related to a dispute with BOMUCA. You further agree that all claims must be brought in your individual capacity and not as part of a class action or representative proceeding. Class actions and similar collective claims are strictly prohibited.

MISCELLANEOUS

Any claim or cause of action you may have that directly or indirectly arises from or relates to these Terms, a BOMUCA Site, or your purchase or use of BOMUCA products, goods, or services must be initiated within one (1) year from the date the claim or cause of action occurs.

The Privacy Policy provides distinct avenues for individuals to submit complaints related to the Privacy Policy or their personal data.

These dispute resolution procedures do not exempt you from meeting your obligations under other provisions outlined in these Terms, including those in the “Notices and Procedures for Making Claims of Copyright Infringement.”