Welcome to BOOM! Mobile's website, a service of Enhanced Communications Group LLC, together with its agents, and licensors (collectively "BOOM"). The following terms apply to your use of and access to any BOOM owned or operated website ("Website"). Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
COVERAGE OF THIS AGREEMENT
In addition to other agreements between you and BOOM, these terms explain the policies that govern your access to and use of our Website. By accessing or using our Website, you agree to these terms (collectively the "Visitors Agreement"), as BOOM may modify it from time to time, and you agree to comply with our Acceptable Use Policy (“AUP”), which can be found on our Website. If you do not agree to accept and comply with the Visitors Agreement and AUP, then do not access or use our Website.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which BOOM has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. BOOM makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. BOOM does not sponsor or endorse the operators of the sites or the content, products, or services they provide. BOOM is not responsible or liable for the conduct of the sites' operators, the content, the availability, the accuracy, the quality, the advertising, the products, the services, or other materials offered at the sites. You are responsible for complying with the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
UNSOLICITED SUBMISSION OF IDEAS
Although BOOM welcomes questions or feedback about your use of our Website and BOOM’s services and products, BOOM does not accept, invite, or consider under any circumstances unsolicited submissions of ideas, creative suggestions, or proposals ("Ideas") relating to its business, including ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions, or marketing plans. This policy is intended to avoid disputes in the event that BOOM's products or marketing strategies seem similar to ideas submitted to BOOM or its employees. Therefore, unless otherwise explicitly stated by BOOM, all ideas and intellectual property included in any unsolicited submission of ideas will automatically be treated as non-confidential and as the sole property of BOOM, without any compensation whatsoever to you. BOOM will have no obligations to you with respect to such ideas and has the right to destroy submissions of ideas upon receipt.
ILLEGAL OR HARMFUL USE
You may access and use our Website only for lawful purposes and purposes that are not intended to cause harm. You are responsible for any transmission you send, receive, post, access, or store via our Website, including the content of any communication, as further provided in our AUP.
WEBSITE SECURITY AND INTEGRITY
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. BOOM may, but is not obligated to, investigate any violation of our Website. BOOM may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using BOOM’s Website, you agree to cooperate in any such investigation. BOOM may, but is not obligated to, take any action it deems necessary to (1) protect its Website, its rights, or the rights of its customers or third parties; or (2) optimize or improve its Website. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website.
INVESTIGATION AND ENFORCEMENT OF THE VISITORS AGREEMENT
We have the right, but are not obligated, to strictly enforce this Visitors Agreement through self-help, active investigation, litigation, and prosecution.
BOOM reserves the right to act immediately and without notice to restrict, suspend, or terminate your use of the Website, if it reasonably determines that your conduct may: (1) expose BOOM to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of BOOM’s Website; (3) interfere with another BOOM customer's use of the Website; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to BOOM or its customers.
BOOM has the right, but not the obligation, to monitor or restrict any uses of the Website that BOOM reasonably believes in its sole discretion violate this Visitors Agreement or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Website, and you are responsible for abuse of your account by others.
We may also access and disclose any information (including transactional information) related to your access and use of our Website for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to such services. INDIRECT OR ATTEMPTED BREACHES OF THIS VISITORS AGREEMENT AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER MAY BE CONSIDERED BREACHES OF THIS VISITORS AGREEMENT BY SUCH COMPANY, CUSTOMER, OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A BOOM WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A BOOM WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." BOOM, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. BOOM DOES NOT GUARANTEE THAT ITS WEBSITES WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL BOOM, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND—FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES—EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF BOOM, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY BOOM WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BOOM AND ITS AFFILIATES, AGENTS, AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend, and hold harmless BOOM from and against all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Visitors Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit, or make available through our Website; or (5) your use of our Website.
MODIFICATION OF THE VISITORS AGREEMENT
We reserve the right to modify this Visitors Agreement at any time, effective upon its posting, as modified, on www.boom.us
Any failure to insist upon or enforce performance of any provision in this Visitors Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Visitors Agreement. BOOM may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Visitors Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.