TERMS & CONDITIONS
​
Last updated: January 8, 2022
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using
the www.wendyboomhower.com website (the "Service") operated by Wendy Boomhower LLC ("us", "we",
or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with
these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By
accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the
terms then you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional
materials and other information we may send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be
asked to supply certain information relevant to your Purchase including, without limitation, your credit card
number, the expiration date of your credit card, your billing address, and your shipping information. You
represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s)
in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us the right to provide the information
to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any
time for reasons including but not limited to: product or service availability, errors in the description or price
of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your
order if fraud or an unauthorized or illegal transaction is suspected.Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in
updating information on the Service and in our advertising on other web sites. The information found on the
Service may contain errors or inaccuracies and may not be complete or current. Products or services may be
mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or
completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or
omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the
Service may be governed by rules that are separate from these Terms Conditions. If you participate in any
Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms and Conditions, the Promotion rules will apply.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in
advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or
annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same
conditions unless you cancel it or Wendy Boomhower LLC cancels it. You may cancel your Subscription
renewal either through your online account management page or by contacting Wendy Boomhower LLC
customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your
Subscription. You shall provide Wendy Boomhower LLC with accurate and complete billing information
including full name, address, state, zip code, telephone number, and a valid payment method information.
By submitting such payment information, you automatically authorize Wendy Boomhower LLC to charge
all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Wendy Boomhower LLC will issue an electronic
invoice indicating that you must proceed manually, within a certain deadline date, with the full payment
corresponding to the billing period as indicated on the invoice.
Fee Changes
Wendy Boomhower LLC, in its sole discretion and at any time, may modify the Subscription fees for the
Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing
Cycle. Wendy Boomhower LLC will provide you with a reasonable prior notice of any change in
Subscription fees to give you an opportunity to terminate your Subscription before such change becomes
effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes
your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by Wendy Boomhower LLC on a case-by-case
basis and granted in sole discretion of Wendy Boomhower LLC.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text,
graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or
through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you
own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these
Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right
to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service
and you are responsible for protecting those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through the Service. However, by posting Content using the
Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You agree that this license includes the right for us to make
your Content available to other users of the Service, who may also use your Content subject to these
Terms. Wendy Boomhower LLC has the right but not the obligation to monitor and edit all Content
provided by users.
In addition, Content found on or through this Service are the property of Wendy Boomhower LLC or used
with permission. You may not distribute, modify, transmit, reuse, download, re-post, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance
written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the
information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not
limited to the restriction of access to your computer and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account and/or password, whether your password is
with our Service or a third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a
name or trademark that is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our
sole discretion.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content
posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any
person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has
been copied in a way that constitutes copyright infringement, please submit your claim via email to
[email protected] with the subject line: "Copyright Infringement" and include in your claim a
detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for
Copyright Infringement Claims" You may be held accountable for damages (including costs and attorneys' fees)
for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service
on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our
Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's
interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e.,
web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is
infringing is located; your address, telephone number, and email address; a statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our
Copyright Agent via email at [email protected]
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are
and will remain the exclusive property of Wendy Boomhower LLC and its licensors. The Service is
protected by copyright, trademark, and other laws of both the United States and foreign countries. Our
trademarks and trade dress may not be used in connection with any product or service without the prior
written consent of Wendy Boomhower LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Wendy
Boomhower LLC. Wendy Boomhower LLC has no control over, and assumes no responsibility for the content,
privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any
of these entities/individuals or their websites.
You acknowledge and agree that Wendy Boomhower LLC shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or
services that you visit.
Termination:
We may terminate or suspend your account and bar access to the Service immediately, without prior notice
or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
Indemnification
You agree to defend, indemnify and hold harmless Wendy Boomhower LLC and its licensee and licensors,
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), resulting from or arising out of a) your use and access of the Service, by you or any person using your
account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Wendy Boomhower LLC, nor its directors, employees, partners, agents, suppliers, or
affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or
use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or
content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not
we have 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.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE"
basis. The Service is provided without warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course
of performance.
Wendy Boomhower LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will
function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service
will meet your requirements.
Exclusions
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.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New Mexico, United States,
without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms
will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or
unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is
material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion. By continuing to access or use our Service after 
​any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new
terms, you are no longer authorized to use the Service.

P R I VAC Y

Effective date: January 10, 2022
Wendy Boomhower LLC ("us", "we", or "our") operates the www.wendyboomhower.com website (the
"Service"). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.wendyboomhower.com

Definitions
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and
other information either in our possession or likely to come into our possession).
Usage:
Usage Data is data collected automatically either generated by the use of the Service or from the Service
infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small pieces of data stored on a User’s device.
Data Controller
Data Controller means a person who (either alone or jointly or in common with other persons) determines the
purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of
this Privacy Policy, we are a Data Controller of your data.
Data Processor (or Service Provider)
Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who
processes the data on behalf of the Data Controller. We may use the services of various Service Providers in
order to process your data more effectively.
Data Subject
Data Subject is any living individual who is the subject of Personal Data.
User
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of
Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to
you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
· Email address
· First name and last name
· Phone number
· Address, State, Province, ZIP/Postal code, City
· Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Usage Data
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may
include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain
information. Cookies are files with small amount of data which may include an anonymous unique identifier.
Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
· Session Cookies. We use Session Cookies to operate our Service.
· Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
· Security Cookies. We use Security Cookies for security purposes.
Use of Data
Wendy Boomhower LLC uses the collected data for various purposes:
· To provide and maintain our Service
· To notify you about changes to our Service
· To allow you to participate in interactive features of our Service when you choose to do so
· To provide customer support· To gather analysis or valuable information so that we can improve our Service
· To monitor the usage of our Service
· To detect, prevent and address technical issues
· To provide you with news, special offers and general information about other goods, services and events
which we offer that are similar to those that you have already purchased or enquired about unless you have
opted not to receive such information
Retention of Data:
Wendy Boomhower LLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Wendy Boomhower LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located
outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United States and choose to provide
information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your
agreement to that transfer.
Wendy Boomhower LLC will take all steps reasonably necessary to ensure that your data is treated securely
and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an
organization or a country unless there are adequate controls in place including the security of your data and
other personal information.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Wendy Boomhower LLC may be required to disclose your Personal Data if
required to do so by law or in response to valid requests by public authorities (e.g. a court or a government
agency).
Legal Requirements
Wendy Boomhower LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
· To comply with a legal obligation
· To protect and defend the rights or property of Wendy Boomhower LLC
· To prevent or investigate possible wrongdoing in connection with the Service
· To protect the personal safety of users of the Service or the public
· To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
" Do Not Track" Signals
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to
inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the
Preferences or Settings page of your web browser.
Your Rights
Wendy Boomhower LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use
of your Personal Data. Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:
· To access and receive a copy of the Personal Data we hold about you
· To rectify any Personal Data held about you that is inaccurate
· To request the deletion of Personal Data held about you
You have the right to data portability for the information you provide to Wendy Boomhower LLC. You can
request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage
and move it. Please note that we may ask you to verify your identity before responding to such requests.
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to
provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our
Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google
uses the data collected to track and monitor the use of our Service. This data is shared with other Google
services. Google may use the collected data to contextualize and personalize the ads of its own advertising
network. You can opt-out of having made your activity on the Service available to Google Analytics by
installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript
(ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
Behavior al Re-marketing
Wendy Boomhower LLC uses re-marketing services to advertise on third party websites to you after you
visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on
your past visits to our Service.
Facebook
Facebook re-marketing service is provided by Facebook Inc. You can learn more about interest-based
advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the
Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through
the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising
Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more
information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for
payment processing (e.g. payment processors). We will not store or collect your payment card details. That
information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
PayPal
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
Square
Their Privacy Policy can be viewed at https://squareup.com/legal/privacy-no-account
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you
will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children's Privacy
Our Service does not address anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new
Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
· By email: [email protected]
· By visiting this page on our website: http://www.wendyboomhower.com/contact.html