Terms and Conditions
Introduction
Welcome to boucherbrothers.com. These Terms and Conditions of Use govern your access to, and use of, boucherbrothers.com. Boucher Brothers Management, Inc. and/or its affiliates (collectively, the “Boucher Brothers”) provide Website features and other products and services to you when you visit or make reservations at boucherbrothers.com, use Boucher Brothers products or services, use Boucher Brothers applications for mobile, or use software provided by Boucher Brothers in connection with any of the foregoing (collectively, the “Services”). We encourage you to review these Terms and Conditions of Use thoroughly and also refer you to our Privacy Policy which is also applicable to your use of Services and is easily accessible on our Website. By using boucherbrothers.com, you are agreeing to these Terms and Conditions of Use and our Privacy Policy.
These Terms and Conditions of Use are also subject to modification from time-to-time so we encourage you to check our Website frequently to see any such changes.These terms and conditions govern your use of this Website; by using this Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website.
Boucher Brothers does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. You must be at least 18 years of age to use this Website. By using this Website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. If you are under 18, you may use the Boucher Brothers Services only with involvement of a parent or guardian. Alcohol listings on Boucher Brothers are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Boucher Brothers reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
This Website uses cookies. By using this Website and agreeing to these terms and conditions, you consent to Boucher Brothers use of cookies in accordance with the terms of Boucher Brothers’ Privacy Policy.
CANCELLATION POLICY
IF YOU MAKE RESERVATIONS FOR ANY OF THE BOUCHER BROTHERS SERVICES ON ITS WEBSITE, PLEASE BE ADVISED THAT IF YOU ARE UNABLE TO ATTEND FOR ANY REASON, YOU NEED TO CANCEL THE RESERVATION BY CALLING THE PHONE NUMBER LISTED FOR CANCELLATIONS ON THE WEBSITE NO LATER THAN 24 HOURS PRIOR TO YOUR RESERVATION TIME. NOTWITHSTANDING THE FOREGOING, ANY GROUP EVENTS, MUST BE CANCELLED NO LATER THAN THE DATE SPECIFIED IN THE GROUP EVENT CONTRACT WITH THE BOUCHER BROTHERS. NO REFUNDS WILL BE MADE IF YOU FAIL TO COMPLY WITH THE BOUCHER BROTHERS’ CANCELLATION POLICY.
RESERVATION OF RIGHT TO REFUSE PARTICIPATION IN SERVICES
BOUCHER BROTHERS RESERVES THE RIGHT TO CANCEL ANY SERVICE IN THE EVENT OF INCLEMENT WEATHER OR WATER CONDITIONS (e.g., RIP TIDES, WIND SHEARS, LIGHTNING, WAVE ACTION, CURRENTS, WATER SPOUTS AND OTHER ACTS OF GOD AND FORCE MAJEURE EVENTS) OR DUE TO THE APPARENT INCOMPETENCY OF A PARTICIPANT. HOWEVER, THE BOUCHER BROTHERS DO NOT PROVIDE LIFEGUARDS, WATER SAFETY INSTRUCTORS OR OTHERWISE ASSUME ANY OBLIGATION TO ADVISE AS TO WEATHER OR WATER CONDITIONS. PARTICIPANTS VOLUNTARILY ASSUME ALL RISKS OF PARTICIPATING IN ANY SERVICES. PARTICIPANTS WILL BE REQUIRED TO SIGN A RELEASE AND WAIVER IN ORDER TO PARTICIPATE. PLEASE ALSO SEE THE FORM WAIVER AND RELEASE UNDER THE APPROPRIATE TAB.
IN THE EVENT OF A REFUSAL TO PROVIDE THE SERVICE TO ANY PARTICIPANT DUE TO INCLEMENT WEATHER OR WATER CONDITIONS, THE PARTICIPANT SHALL RECEIVE A FULL REFUND FOR THAT SERVICE.
CERTAIN SERVICES ARE NOT AVAILABLE TO MINOR CHILDREN. PLEASE CAREFUL REVIEW THE WEBSITE FOR EACH PARTICULAR SERVICE TO CONFIRM WHETHER SUCH SERVICE IS AGE APPROPRIATE FOR THE PROPOSED PARTICIPANT. ANY RESERVATIONS MADE FOR A MINOR CHILD WITH RESPECT TO A SERVICE RESERVED FOR ADULTS SHALL NOT BE SUBJECT TO REFUND.
Pricing
With respect to Services sold by Boucher Brothers, we cannot confirm the price of an item until you complete your order.
License to use Website
Unless otherwise stated, Boucher Brothers and/or its licensors own all of the intellectual property rights in the Website and material on the Website, which include, without limitation, all content, software, code, logos, trade names, trademarks, graphics, pictures, text, etc. included on this Website or as part of providing the Services. The content and compilation thereof which is included in or made available through any Boucher Brothers’ Service is the exclusive property of Boucher Brothers and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Boucher Brothers Service constitute trademarks or trade dress of Boucher Brothers in the U.S. Boucher Brothers’ trademarks and trade dress may not be used in connection with any product or service that is not Boucher Brothers’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Boucher Brothers. All other trademarks not owned by Boucher Brothers that appear in any Boucher Brothers Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Boucher Brothers. No Boucher Brothers Service, nor any part of any Boucher Brothers Service, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express, prior written consent of Boucher Brothers.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this Website (including republication on another website);
sell, rent or sub-license material from the Website;
show any material from the Website in public;
reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
edit or otherwise modify any material on the Website; or
redistribute material from this Website, except where content is specifically made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed [within your organization.
Acceptable use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Boucher Brothers express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing.
Restricted access
Boucher Brothers reserves the right to restrict access to certain areas of this Website, or indeed this entire Website, at Boucher Brothers discretion.
If Boucher Brothers provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. If you use any Boucher Brothers Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to accept responsibility for all activities that occur under your account or password.
Boucher Brothers may disable your user ID and password in Boucher Brothers sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
We do not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to boucherbrothers.com will be deemed non-confidential
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or Boucher Brothers or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Boucher Brothers reserves the right to edit or remove any material submitted to this Website, or stored on Boucher Brothers servers, or hosted or published upon this Website.
Notwithstanding Boucher Brothers rights under these terms and conditions in relation to user content, Boucher Brothers does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
No warranties
This Website is provided “as is” without any representations or warranties, express or implied. Boucher Brothers makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, Boucher Brothers does not warrant that:
this Website will be constantly available or available at all; or
the information on this Website is complete, true, accurate or non-misleading.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, accounting or medical matter, you should consult an appropriate professional.
Limitations of liability
Boucher Brothers will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
to the extent that the Website is provided free-of-charge, for any direct loss or damage ;
for any indirect, special, punitive or consequential loss or damage; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Boucher Brothers has been expressly advised of the potential loss.
Exceptions
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Boucher Brothers liability in respect of any:
fraud or fraudulent misrepresentation on the part of Boucher Brothers; or
matter which it would be illegal or unlawful for Boucher Brothers to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
Other parties
You accept that Boucher Brothers has an interest in limiting the personal liability of its affiliates and their respective officers, directors, managers, members and employees. You agree that you will not bring any claim personally against any of Boucher Brothers’ or its affiliates” officers, directors, managers, members or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Boucher Brothers and its affiliates and their respective officers, directors, managers, members, employees, agents, subsidiaries, successors and assigns.
Unenforceable provisions
If any provision of this Website disclaimer is, or is found to be, unenforceable under any applicable law, such finding shall affect the enforceability thereof only in such jurisdiction and not elsewhere and shall not affect the enforceability of the other provisions of this Website disclaimer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
BOUCHER BROTHERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BOUCHER BROTHERS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOUCHER BROTHERS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BOUCHER BROTHERS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOUCHER BROTHERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY A COURSE OF DEALING OR PERFORMANCE. BOUCHER BROTHERS DOES NOT WARRANT THAT THE BOUCHER BROTHERS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BOUCHER BROTHERS SERVICES, BOUCHER BROTHERS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BOUCHER BROTHERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BOUCHER BROTHERS ENTITIES DO NOT WARRANT THE MATERIALS TO BE UNINTERRUPTED, ACCURATE, RELIABLE, USEFUL, UP-TO-DATE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICES OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING, WITHOUT LIMITATION, YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOUCHER BROTHERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BOUCHER BROTHERS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BOUCHER BROTHERS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, AND/OR LOST PROFITS OR LOST OR CORRUPTED DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, EVEN IF THE BOUCHER BROTHERS’ ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THE BOUCHER BROTHERS ENTITIES’ AGGREGATE LIABILITY UNDER THESE TERMS FOR ANY CLAIM EXCEED $25. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN WISELY AND RECEIVED BY YOU THROUGH THE SERVICES OR ANY THIRD PARTY SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE BOUCHER BROTHERS ENTITIES, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE BOUCHER BROTHERS ENTITIES, THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. YOU UNDERSTAND AND AGREE THAT THE BOUCHER BROTHERS ENTITIES WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Other Businesses; Links to other Sites
Parties other than Boucher Brothers may provide services or sell product lines through the Boucher Brothers Services. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Boucher Brothers does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
As you use the Services you may notice links to third party sites. If you use these links, you may leave the Boucher Brothers’ Services. You may be required to navigate to third party services and/or install third party software to take advantage of the credit card recommendations, rewards information, promotions, deals, or other information available through the Services, and Boucher Brothers does not make any representation or warranty about such third party services or software. Certain of these third party sites may make use of Boucher Brothers’ proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Boucher Brothers. We are not responsible for the availability or content of these third party sites, or availability of credit card rewards, or for any viruses or other damaging elements encountered in linking to a third party site, whether or not we are affiliated with the owners of such third party sites. In addition, the provisioning of these links to third party sites is not an endorsement or approval by us of the organizations sponsoring such third party sites or their products or services. These Terms and Conditions of Use do not apply to third party sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any third party sites, applications, software or services.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY CONTENT ON THE SERVICES.
Breaches of these terms and conditions
Without prejudice to Boucher Brothers’ other rights under these terms and conditions or applicable law, if you breach these terms and conditions in any way, Boucher Brothers may take such action as it deems appropriate to deal with the breach, including, without limitation, suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Variation
Boucher Brothers may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
Applicable Law
By using any Boucher Brothers Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Boucher Brothers.
Dispute Resolution
In the interest of resolving disputes between you and Boucher Brothers in the most expedient and cost effective manner, you and Boucher Brothers agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms and Conditions of Use, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms and Conditions of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BOUCHER BROTHERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BOUCHER BROTHERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Consent
When you use any of the Boucher Brothers’ Services, you are communicating with us electronically and you consent to receive communications from us electronically. By doing so, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Boucher Brothers respects the intellectual property rights of third persons. If you believe that your work has been copied by Boucher Brothers in a way that constitutes copyright infringement, please provide written notice to [email protected].