© Copyright BOOM. All Rights Reserved.
The BOOM Movement website comprises various websites and web pages operated by BOOM Movement and its affiliates (collectively, the "BOOM Websites").
No portion of this service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from BOOM Movement.
1 Acceptance of Terms through Use
2 Use of Site
3 Use of Software
If you download software from this Website ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is otherwise provided with the Software. You may not download or install the Software until you have read and agreed to the terms of the Software License Agreement.
4 U.S. Government Restricted Rights
The materials on this Website are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of BOOM's proprietary rights in them.
BOOM and BOOM designs and logos are trademarks of Boom Movement or its affiliates.
6 General Disclaimer and Limitation of Liability
Although BOOM has attempted to provide accurate information on this Website, BOOM assumes no responsibility for the accuracy of the information or materials; nor does BOOM warrant that the information or materials are up to date; that this Website will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Website is at your sole risk. BOOM may change the materials or products mentioned at any time without notice. Mention of non-BOOM products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB WEBSITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL BOOM OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY BOOM PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT) EVEN IF BOOM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7 User Communications
Other than personally identifiable information, use of which is governed by the BOOM Online Privacy Statement, any information or communication you transmit or post to this Website, and any data, images, sounds, text, and other material embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary. BOOM will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Website you: (i) agree that BOOM and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by BOOM will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.
8 Password Protected
Access to and use of any password protected area of the Website is restricted to authorized users only who have met the qualifications required by BOOM, in its sole discretion, for use of such password protected area. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder's rights to access this Website.
9 Removal of Content and Discontinuation of Service;Termination of Authorization to Use Site
BOOM reserves the right to remove content or discontinue services available on this Website with or without notice. BOOM further reserves the right to terminate your authorization to use any services at this Website; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
10 Links to Third Party Sites
This Website may contain links to third party sites. Access to any other Internet site linked to this Website is at the user's own risk. BOOM does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on these sites, or about any products found at those sites, or about any search results that may be obtained from using them. BOOM provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Upon a request by BOOM, you agree to defend, indemnify, and hold harmless BOOM and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Website. BOOM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with BOOM in asserting any available defenses.
This Website is administered by BOOM from its offices at Vista, California, in the United States of America. BOOM makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their content are illegal is prohibited. You may not use or export or re-export the materials at this Website or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this Website from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
13 Choice of Law and Forum
14 General Provisions