Terms and Conditions

Last Updated: October 1, 2015

This is the Terms and Conditions Agreement ("Terms and Conditions" or "Agreement") of Clayco Capital Ventures, LLC, a Delaware corporation. These Terms and Conditions and our Privacy Policy, incorporated herein by reference, govern your use of our online services, any content or information therein, the http://boomstreet.com site, any subdomains of http://boomstreet.com and any other website pages on which services are provided by us (collectively, the "Site"). The Site is a members-only website, the members of which actively search for new experiences via a multitude of discounted Vouchers. The Site is not a daily deal website and BoomStreet does not sell gift certificates.

By using the Site you ("you" or the "User") signify your agreement to these Terms and Conditions and our Privacy Policy, including all changes and revisions to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions and our Privacy Policy please do not use the Site. Please read this Agreement carefully and check this Agreement periodically for changes as BoomStreet reserves the right to revise this Agreement. Any modifications we make will be effective immediately upon posting to the Site, and your continued use of the Site following the posting of any changes to the Agreement constitutes your acceptance of such changes. BoomStreet reserves the right to refuse, restrict, suspend, or terminate any User's use of this Site at any time without notice and may do so for such User's failure to abide by this Agreement or any other terms or conditions posted anywhere on the Site.

A. TERMS AND CONDITIONS

1. User Conduct

All interactions on this Site must comply with these Terms and Conditions and the Privacy Policy. Unless otherwise specified, the Site and our services are intended for your personal, noncommercial use only. Your permission to use BoomStreet is conditioned upon your agreement that you are 18 years of age or older. You agree to use the Site and our services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. You may not in any way make commercial or other unauthorized use of (by publication, re-transmission, distribution, performance, caching, cataloguing, aggregating, or otherwise) the Site or material obtained through the Site, except as permitted by law and as expressly permitted in writing by this Agreement, BoomStreet, or the Site. Users shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BoomStreet's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in BoomStreet's exclusive discretion restricts or inhibits any other User from using or enjoying this Site is strictly prohibited. User shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with BoomStreet.

2. Disclaimer of Warranty

BOOMSTREET AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

BOOMSTREET AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO OR FROM THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.

BOOMSTREET AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

3. Limitation on Liability

As the holder and issuer of the Voucher, Merchant is solely responsible for the value and redemption of Voucher and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any Customer and the compliance with all laws, including, without limitation, unclaimed property and escheatment laws relating to the Vouchers.

UNDER NO CIRCUMSTANCES SHALL BOOMSTREET OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BoomStreet OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

4. Copyright and Trademarks

Everything located on or in this Site is the exclusive property of BoomStreet or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF BOOMSTREET IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of BoomStreet protected by copyright as a collective work under the United States copyright laws. BoomStreet owns a copyright in the selection, coordination, arrangement and enhancement of such content. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download, print, or save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of BoomStreet and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with BoomStreet shall not be deemed to be in the public domain but rather the exclusive property of BoomStreet, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of BoomStreet, unless otherwise stated.

User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. BoomStreet does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, User warrants that the owner of such material has expressly granted BoomStreet the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants BoomStreet the right to edit, copy, publish and distribute any material made available on this Site by User.

5. Privacy

User acknowledges that all discussion on the Site for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. BoomStreet does not control or endorse the content, messages or information found in any Community, and, therefore, BoomStreet specifically disclaims any liability concerning the Communities and any actions resulting from Users participation in any Community, including any objectionable content. Generally, any communication which User posts to BoomStreet (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. Other information, such as credit card information provided in connection with the purchase of an offer, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of an offer, other than your credit card information, may be disclosed by us to the BoomStreet Merchant for their commercial purposes including to provision the Voucher. Any communications between you and BoomStreet, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used. If particular web pages permit the submission of communications that will be treated by BoomStreet as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, User grants BoomStreet the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see BoomStreet's Privacy Policy.

6. License Grant

By posting communications on or through this Site, User shall be deemed to have granted to BoomStreet a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

7. Monitoring

BoomStreet shall have the right, but not the obligation, to monitor the content of the Site at all times, including any questions, reviews, chat rooms and forums that may hereinafter be included as part of the Site. Without limiting the foregoing, BoomStreet shall have the right to remove any material from the Site that BoomStreet, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise objectionable.

8. Indemnification

You agree to defend, indemnify, and hold harmless BoomStreet, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site and the termination of this Agreement. BoomStreet reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.

9. Termination

BoomStreet may terminate this Agreement at any time with or without cause. Without limiting the foregoing, BoomStreet shall have the right to immediately terminate any accounts or passwords of User in the event of any conduct by User which BoomStreet, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

10. Third Party Content

BoomStreet, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of BoomStreet. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with BoomStreet. BoomStreet neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on BoomStreet by anyone other than authorized BoomStreet employee spokespersons while acting in official capacities. Under no circumstances will BoomStreet be liable for any loss or damage caused by User’s reliance on information obtained through BoomStreet or the Site. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through BoomStreet or the Site.

BoomStreet contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by BoomStreet of the contents on such third-party sites and BoomStreet hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at User’s own risk. Unless you have executed a written agreement with BoomStreet expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. BoomStreet reserves the right to revoke its consent to any link at any time in its sole discretion.

Vouchers powered by TravelZoo and Get Access are not eligible with additional BoomStreet coupons/promotions

11. Miscellaneous

This Agreement and any operating rules for BoomStreet established by BoomStreet constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Legal issues arising out of, but not exclusive to the use of, this Site are governed by and in accordance with the laws of the State of Georgia (exclusive of its rules regarding conflicts of laws). By using this Site, User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in Atlanta, Georgia under the rules of arbitration of the American Arbitration Association.

B. TERMS OF SALE

By placing an order, you make an offer to us to purchase the Vouchers you have selected on the terms and conditions stated below.

You are required to create an account in order to purchase any Product or Voucher on the Site. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product. Access to the BoomStreet Site and its Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by BoomStreet may not register for an account, nor may you designate any of those individuals to use your account on your behalf. BoomStreet relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization. For more information, please view our Privacy Policy.

For purposes of this Agreement, “Restaurant” shall mean a vendor or merchant who offers food and beverage for sale in its regular business operations, and makes such food and beverages available to purchasers of BoomStreet vouchers.

For purposes of this Agreement, “Merchant” shall mean any vendor or merchant, other than a Restaurant, who makes their Products or Services available to purchasers of BoomStreet Vouchers.

1. Terms and Conditions for All BoomStreet Vouchers

All vouchers printed from the Site or any website associated with BoomStreet (hereinafter “Vouchers”) are promotional Vouchers that are offered to Users below their face value and shall be subject to these Terms and Conditions and any applicable terms and conditions of the participating Restaurant or Merchant.

The holder and issuer of a Restaurant Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As the holder and issuer of the Voucher, the Restaurant or the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Restaurant Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.

In addition, the following terms and conditions apply to all Vouchers sold by BoomStreet:

  • Neither BoomStreet nor the participating Restaurant or Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
  • Reproduction, sale or trade of Vouchers is prohibited unless done so in compliance with the law.
  • Any attempted redemption of Vouchers that is not consistent with these Terms and Conditions will render the Voucher void.
  • No cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
  • No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
  • Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher,
  • Vouchers are void to the extent prohibited by law
  • Vouchers expire on the date specified on the Voucher, except where otherwise prohibited by law.
  • Requests for returns and refunds are handled quickly and efficiently on a case-by-case basis. If you feel you need to return your voucher or request a refund, please contact customer service at: help@boomstreet.com.

To prevent fraudulent purchases and for the protection of our customers, products costing more than $75 require the same shipping and billing address to be purchased.

The Voucher

Each offer combines two separate portions: (i) a paid portion equal to the amount your credit card is charged (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the offer if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the offer are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.

Expiration Dates

The expiration date for a Voucher is as printed on the Voucher.

If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law, and BoomStreet shall have no obligation or liability to you in the event that the Merchant refuses to honor the Voucher. You are solely responsible for presenting vouchers to the merchant prior to the vouchers expiration date and agree to hold BoomStreet harmless from any and all liability for unredeemed or expired vouchers.

BoomStreet Cash (Store Credit)

BoomStreet Cash is a form of BoomStreet currency that may be applied as a credit towards future BoomStreet purchases on any affiliated BoomStreet website. BoomStreet reserves the right to discontinue BoomStreet Cash or modify these terms at any time. To accumulate and redeem BoomStreet Cash, you must create, and maintain in good standing, an BoomStreet customer account registered with a valid credit card on BoomStreet.com. Unless required by law, BoomStreet Cash is non-transferrable and are not redeemable for cash. BoomStreet may credit BoomStreet Cash to your account for returns or refunded purchases or other reasons within our customer service team’s discretion. Once issued the reversal of store credit is prohibited once agreed by the purchaser as a valid form of refunding a purchase. BoomStreet Cash may also be purchased in various increments on BoomStreet gift cards or promotional codes. BoomStreet gift cards and promotional codes are governed by the terms and conditions disclosed on or distributed with the specific gift card or promotional code.

You are responsible for ensuring that BoomStreet Cash you earn or are awarded as credits are added to your BoomStreet account. BoomStreet Cash in your account will be applied toward BoomStreet purchases upon the User selecting the “use store credit?” box at checkout.

Your BoomStreet Cash cannot be sold and will expire on the one year anniversary of the date it is issued to you. You are solely responsible for applying your BoomStreet Cash towards a purchase prior to its expiration. Your BoomStreet Cash cannot be combined or merged with BoomStreet Cash in any other account registered to you or another End User. Access to BoomStreet Cash or related account information may not be sold or distributed to others. You may not use any other End User’s password or account to accrue BoomStreet Cash for that account. Unauthorized or fraudulent use, resale, or distribution of BoomStreet Cash is prohibited. BoomStreet reserves the right to cancel, revoke, or otherwise prevent the issuance of BoomStreet Cash in cases of mistake and in any suspected case of unauthorized or fraudulent use.

Offer Specific Terms

Each offer has specific terms associated with it, which will be presented to you at the time you commit to purchase the particular offer. We may contact you in the case of a term change or error, at that time you may continue with the purchase or choose to cancel your purchase for a refund in the original form of payment or BoomStreet Cash, you must specify by contacting help@boomstreet.com. Offer specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

Refunds

All purchases are refundable within 24 hours of purchase.

You may return defective products for a refund within 48 hours of receipt unless otherwise stated in the Fine Print of the deal. Returns will only be accepted if the product is defective and they are in their original condition with the packaging intact.

The following items are never returnable: undergarments, books, used products, customized or monogramed products, supplements, and products marked "final sale."

All sales of local and travel vouchers are final. If, for some reason, a local or travel merchant will not honor your voucher, notify us and we will refund your purchase price.

2. Terms and Conditions for Restaurant Vouchers

In addition to the terms and conditions stated above, the following terms and conditions apply to Restaurant Vouchers sold by BoomStreet:

  • It is at the discretion of the Restaurant to determine whether Restaurant Vouchers can be combined with any other Restaurant certificates, third party certificates, coupons, or promotions.
  • The redemption frequency for Restaurant Vouchers is determined by the applicable Restaurant, and shall be contained in the Voucher offer on BoomStreet.
  • The use of Restaurant Vouchers for alcoholic beverages is determined by the applicable Restaurant, in its sole discretion. The Restaurant agrees to comply with all state laws pertaining to the same.
  • Restaurant Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
  • Restaurant Vouchers are valid for dine-in only unless otherwise stated.
  • The issuing of Restaurant credit is at the sole discretion of the Restaurant unless otherwise required by law.

3. Terms and Conditions for Merchant Vouchers

In addition to the terms and conditions stated above (other than those in Section 2 above relating to Restaurant Vouchers), the following terms and conditions apply to Merchant Vouchers sold by BoomStreet:

  • Merchant Vouchers may be applied only to merchandise sold by the Merchant, and may not be applied to shipping or handling charges.
  • Limit one (1) Merchant Voucher per redemption. Only one (1) Merchant Voucher can be used per order unless otherwise specified by the Merchant.
  • The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
  • Merchant Certificates cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by the Merchant.