BoomClient, LLC. Terms of Use

BoomClient Web Site Terms of Use
Last updated: August, 2009

Please Read Carefully.

The materials on this Web site (the "Site") are provided by BoomClient, LLC. ("BoomClient") as a service to its users and may be used for informational purposes only subject to the provisions below. By downloading any materials from or otherwise using this Site, you as a user ("you") agree to these terms and conditions ("Agreement"). If you do not agree to them, do not use the Site or download any materials from it. You agree that this Agreement (and, if you are a user who has registered on this Site ("Registered User"), any provisions included in the registration process or any current statement of work or contractual agreement between you and BoomClient) is the complete and exclusive statement of the agreement between BoomClient and you. BoomClient MAY REVISE THIS AGREEMENT AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT TERMS.

GENERAL: This Site serves a number of purposes. It is designed to offer detailed information about BoomClient and the services we provide. Additionally, it is designed to provide secure services to current clients of BoomClient. BoomClient may refuse to provide services under the Site to anyone at any time, in its sole discretion.

TRADEMARK INFORMATION: All brand, product, service, and process names appearing on this Site are trademarks of their respective holders and possibly BoomClient. Fair use of the name BoomClient in advertising and promotion of BoomClient services requires proper acknowledgement and reference to or use of our services.

SINGLE COPY LICENSE: Except as otherwise indicated on this Site, you may download limited copies of any information posted for download, or software ("Materials") found on this Site for your personal, non-commercial internal use only unless specifically licensed to do otherwise by BoomClient in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) use any automated process or software robot to view, download, print or otherwise use content from BoomClient' Site. (b) use any of the Site's Content for the purpose of soliciting, for any product, solution, or service, companies that have listings or content included in the Sites content, (c) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental, including, without limitation, posting the Materials on any network computer or broadcasting them in any media; (d) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (e) remove any copyright or other proprietary notices from the Materials; (f) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials. BoomClient reserves all rights not expressly granted in this Agreement.

OWNERSHIP OF MATERIALS: This Site and Materials located thereon are copyrighted and are protected by worldwide copyright, trademark, trade dress and other intellectual property laws and treaty provisions and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without BoomClient' prior written permission. Except as expressly provided herein, BoomClient and its Partners, Vendors and Customers do not grant, by implication, estoppel or otherwise, any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by BoomClient in writing or incorporated elsewhere in the Site.

PASSWORDS: If you are a Registered User, BoomClient will issue to you certain passwords and other user identification numbers or names for access to certain areas of the Site. You agree not to disclose such identifiers or passwords issued to you to any third party.

TERMINATION OF ACCESS: If you breach any of the terms or conditions of this Agreement, BoomClient may, at its sole discretion, (a) suspend your access to certain areas of the Site or (b) terminate your access to certain areas of the Site. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to BoomClient, and whether or not the breach is repeated or cured. If BoomClient suspends or terminates your right to access or use, the BoomClient Site then BoomClient shall, within 24 hours, provide notice to you of such action. Upon termination, you will immediately destroy the Materials and all licenses herein shall immediately terminate.

DISCLAIMER: THIS SITE AND ANY MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. BOOMCLIENT AND/OR ITS RESPECTIVE PARTNERS, AFFILIATES, AND ANY OTHER ENTITIES MENTIONED IN THE SITE, HEREBY DISCLAIM WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL BOOMCLIENT OR ITS PARTNERS, AFFILIATES, OR ANY OTHER ENTITIES MENTIONED IN THE SITE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR THE SITE, EVEN IF BOOMCLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BOOMCLIENT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION, IN AN AMOUNT. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Without limiting the foregoing, you should be aware that the Materials may contain errors, omissions, inaccuracies, or outdated information. BoomClient makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Materials and shall not be liable for any lack of the foregoing. BoomClient makes no commitment to update the Materials in this site.

RELEASE: BoomClient is not a party to any actual engagement between its partners or vendors and you. As a result, BoomClient has no control over the quality, safety or legality of our Partners and Vendors or their services. You are wholly responsible for all activities conducted with our partners regardless of BoomClient' level of involvement. BoomClient cannot and does not control whether or not our Partners and Vendors complete their services or other obligations. Further, it is not commercially reasonable for BoomClient to authenticate the products or services offered or provided by our Partners and Vendors. BoomClient encourages you to develop safe business practices when using the Internet. BoomClient also encourages you to communicate directly with our Partners and Vendors to help you better evaluate with whom you are dealing. You release BoomClient (and its agents and employees) from all claims, demands and damages of every kind and nature (including, but not limited to, actual, consequential, special, punitive and incidental damages), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your relationship with our Partners and Vendors or the services provided by the Vendors or any actions or omissions of a Partner or Vendor. In no case will BoomClient be liable for any legal actions brought against you by any Partner or Vendor of BoomClient.

USER SUBMISSIONS: Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). BoomClient will have no obligations with respect to the Communications, provided that any personally identifiable information shall be handled in the manner set forth below. BoomClient and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personally identifiable information shall be handled in the manner set forth below. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any rights of a third party.

USE OF PERSONALLY IDENTIFIABLE INFORMATION: Personally identifiable information submitted by you to BoomClient through forms on the Site is treated according to BoomClient' Privacy Policy located on this Site. You agree you have read and understand the Privacy Policy.

LINKS TO OTHER SITES: Any links on this Web site may let you leave the BoomClient Site and go to other Web sites. The linked sites are not under the control of BoomClient, and BoomClient is not responsible for the content, the accuracy thereof or any other aspect of any linked site or any link contained in a linked site. BoomClient reserves the right to terminate any link or linking program at any time. BoomClient does not necessarily endorse companies or products to which it links and reserves the right to note as such on its Site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

INDEMNIFICATION: You hereby agree, at your own expense, to indemnify, defend and hold BoomClient harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to any third-party claim, action or allegation brought against BoomClient based upon or relating to (a) a dispute between you and a Vendor over the terms and conditions of a contract or related to the purchase and sale of any goods/services, (b) a breach by you of the terms and conditions of this Agreement, or (c) any action of you or a Vendor which violates any law, regulation or rights of a third party.

MISCELLANEOUS: BoomClient controls this Site from its offices within the United States of America. BoomClient makes no representation that Materials in the Site are appropriate or available for use in other locations.THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN DUVAL COUNTY, FLORIDA, U.S.A. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. No action arising out of this Agreement may be brought by you more than two years after the date the cause of action has accrued. You may not assign this Agreement or any of its rights or obligations without the prior written consent of BoomClient, and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and BoomClient is a customer relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.