Terms of Service


Thank you for your interest in using the online tools and services (the "Service") made available by BOOMITY LLC (BOOMITY) and offered through the Web site located at www.BOOMITY.com (the "Site"). These Terms of Use govern your access to this website (the “Site”) owned by BOOMITY, LLC (“BOOMITY”, or “we”). YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE OR ACCESSING ANY CONTENT THROUGH THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE.




Modification


Boomity reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.




Proprietary Rights


BOOMITY and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Site. If you give feedback on the Site, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws.


You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Site.


All brand, product and service names used in the Site which identify BOOMITYy or our partners and/or their proprietary products and Site are the trademarks or service marks of Boomity or our partners. Nothing in the Site shall be deemed to confer on any person any license or right on the part BOOMITY or such supplier with respect to any such image, logo or name.


We are making the Site available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Site for any other purpose.


You agree not to disable, interfere, or try to get around any of the features of the Site related to security, or enforcing the limits on the use of the Site.




Availability


You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will BOOMITY or its partners be held liable for any damages due to such interruptions or lack of availability.




Links to Other Sites


Our Site may contain links to other websites that we do not own or control. We are not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content or products. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.




Copyright Policy


BOOMITY respects the intellectual property rights of others. Accordingly, BOOMITY has a policy of removing material that violate copyright law, suspending access to the Site (or any portion thereof) to any user who uses the Site in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Site in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, BOOMITY has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed, please provide written notice to the following BOOMITY agent for notice of claims of copyright infringement. Jesse Berg, Vested Law, LLP, One Sansome Street, 35th Floor, San Francisco, CA 94104 (415) 962-4510 jberg@vestedlaw.com Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow BOOMITY to locate that material; (d) contain adequate information by which BOOMITY can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to BOOMITY's designated agent.




Warranty Disclaimer


USE OF THE SITE IS AT YOUR OWN RISK. THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


BOOMITY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SITE OR THAT BOOMITY WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE.


SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.



Limitation of Liability


TO THE FULLEST EXTENT PERMITTED UNDER LAW, BOOMITY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE OUR SITE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SITE RESULTING FROM ANY GOODS OR SITE PURCHASED THROUGH OR FROM OUR SITE; (iii) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, MANAGERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.



Indemnity


You agree to indemnify and hold harmless BOOMITY and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site.



Termination and Suspension


We may terminate or suspend the Site or any part of the Site, terminate or suspend your use of the Site, or block any IP address at any time without cause without any liability to you.


Further, we may terminate or suspend your permission to use the Site immediately and without notice upon any violation of these Terms of use, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Site for any of these reasons or otherwise for cause, we will not refund any fees you may have paid.


Upon any termination we may bar you from further use of the Site. You agree that we will have no liability to you or any third party for termination of your access to the Site.



Privacy


See BOOMITY's Privacy Policy located at http://boomity.com/privacy-policy-real for information and notices concerning BOOMITY's collection and use of your personal information. By using the Site you are expressly agreeing to this Privacy Policy. If you have any questions about the BOOMITY Privacy Policy, please contact BOOMITY at info@Boomity.com.




Assignment


You may not assign or transfer these Terms of Use, by operation of law or otherwise, without BOOMITY's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. BOOMITY may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the




General Terms


These Terms of Service are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Site and these Terms of Service shall be the state and federal courts located in San Francisco, California and each party hereby consents to the exclusive jurisdiction and venue of such courts. If we waive any of our rights under these Terms of Use in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction.



YOU AGREE THAT ANY LEGAL CLAIM AGAINST US MUST BE FILED WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.