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Last Updated March 7, 2023
These Terms of Use are a legal agreement between you (“you” or “your”) and Boomitra (“Company,” “Boomitra,” “we,” or “us”). These terms and conditions (“Terms of Use”/ “Terms”), govern your use of www.boomitra.com and any related websites (together, the “Website”). By accessing and using the Website, you: (a) acknowledge that you have read and understood these Terms of Use; (b) confirm that you have the legal capacity to enter into a binding agreement; and (c) accept these Terms of Use and agree to be bound by them. If you do not agree to these Terms of Use, do not use the Website.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS ON YOUR ABILITY TO BRING A CLAIM, INCLUDING A WAIVER OF A TRIAL BY JURY AND TIME LIMITATIONS. THESE TERMS OF USE ALSO LIMIT YOUR ABILITY TO BRING CLAIMS ON BEHALF OF OTHERS.
Boomitra reserves the right to revise and update these Terms of Use at any time, in our sole discretion. All changes will be effective immediately upon posting on the Website. By continuing to use the Website after we have posted the revised Terms of Use, you agree to be bound by the updated Terms of Use. We recommend that you check this page periodically so that you are aware of any changes, as they are binding on you.
We, Boomitra, may, at our sole discretion and without notice to you, withdraw or modify this Website, including any service, item, or material we provide on the Website. We will not be held liable if any part or all of the Website becomes unavailable for any reason or period. Occasionally, we may limit access to certain parts of the Website or the entire Website for specific users. It is your responsibility to (a) make all necessary arrangements for accessing the Website, and (b) ensure that anyone who accesses the Website through your internet connection is aware of and complies with these Terms of Use.
The Boomitra Website, including all of its contents, features, and functionality (such as information, software, text, displays, images, video and audio, and their design, selection, and arrangement), are owned by Boomitra, its licensors, or other providers of such materials, and are protected by United States and international laws governing copyright, trademark, trade secret, and other intellectual property or proprietary rights. These Terms of Use allow you to use the Website only for your personal use. You may not sell any items you purchase or obtain from the Website. Without our written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from our Website. However, if we provide social media features that enable you to share a social media post from our Website, you may take advantage of those features. You do not acquire any right, title or interest in or to the Website or its contents, and all rights not expressly granted herein are reserved by Boomitra. Any use of the Website not expressly permitted by these Terms of Use is a violation of these Terms of Use and may infringe on copyright, trademark, and other laws.
The Boomitra name, logo, and all related names, logos, designs, and slogans used on the Website are trademarks of Boomitra, our affiliates, or licensors. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, or trade names of their respective owners. It is strictly prohibited to use any of the trademarks, service marks, or trade names displayed on the Website, and nothing appearing on the Website will be interpreted as granting, by implication or otherwise, any license or right to use any of those trademarks, service marks, or trade names.
(a) engaging in actions that are defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promoting sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringing on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violating the legal rights (including the rights of publicity and privacy) of others or behaving in any way that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) attempting to deceive any person, including, without limitation, to impersonate or attempt to impersonate Boomitra, a Boomitra employee, another user or any other person or entity; (f) promoting any illegal activity, or advocating, promoting or assisting in any unlawful act; (g) causing annoyance, inconvenience, needless anxiety to, or upsetting, embarrassing, alarming, or annoying any other person; (h) engaging in commercial activities or sales with others, such as contests, sweepstakes and other sales promotions, bartering or advertising, or transmitting or procuring the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (i) giving the impression that your behaviors or comments emanate from or are endorsed by us or any other person or entity. In addition, you may not: (j) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website; (k) use any robot, spider or other automatic device, process or means to access the Website for any reason whatsoever; (l) use any manual process to monitor or copy any of the material on the Website for any reason without our prior written consent; (m) use any device, software or routine that interferes with the proper working of the Website; (n) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (o) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or (p) otherwise attempt to interfere with the proper working of the Website.
At Boomitra, we take violations of our terms seriously. We reserve the right to take any legal action necessary, including referring the matter to law enforcement, for any unauthorized or illegal use of our website. We may also terminate or suspend your access to the website, either in part or entirely, for any reason or no reason, if you violate these Terms of Use. We may also cooperate fully with any court order or law enforcement authorities concerning the use of our website. If such actions are taken during or as a result of an investigation, you waive any claims against Boomitra and its affiliates, licensees, and service providers.
The information presented on our Website is intended for general informational purposes only. We cannot guarantee the accuracy, completeness, or usefulness of the information. Therefore, any reliance you place on this information is entirely at your own risk. We deny any liability and responsibility for any consequences that may arise from relying on this information by you or any other visitor to our Website, or by anyone who may become aware of its contents. Our Website may contain content provided by third parties, including materials from other users, bloggers, third-party licensors, syndicators, aggregators, and reporting services. The opinions and responsibility for any statements or opinions expressed in these materials, including all articles, responses to questions, and other content, are solely those of the person or entity providing those materials. These materials do not necessarily reflect the opinions of Boomitra. We are not responsible or liable for any content provided by any third party or for the accuracy of such materials.
We may make changes or updates to the content on Boomitra from time to time, but we do not guarantee that the information provided is complete or up-to-date. Any material on the Website may be outdated, and we are not obligated to update it.
We respect your privacy and all information we collect on Boomitra is subject to our Privacy Policy. Your use of the Website indicates your consent to our use of your information in compliance with the Privacy Policy.
Boomitra may contain links to other sites and resources provided by third parties, but these links are provided solely for your convenience. We have no control over the contents of those sites or resources and assume no responsibility for any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked to Boomitra, you do so at your own risk and are subject to the terms and conditions of use for those websites.
The information on this Website is intended for use by residents of the United States of America. We do not represent that the content of the Website is appropriate or available in locations other than the United States of America. Accessing the Website from locations where its contents are illegal is strictly prohibited. If you choose to access the Website from a location outside the United States of America, you are solely responsible for complying with all applicable local laws.
We do not guarantee or warrant that the Website will be free of viruses or other harmful components. It is your responsibility to take appropriate measures, such as installing anti-virus software, to protect your computer or device from viruses or other harmful components. We do not guarantee the accuracy, completeness, reliability or timeliness of any information on the Website. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Website will meet your requirements or that the operation of the Website will be uninterrupted or error-free. Any reliance on the information on the Website is at your own risk.
Boomitra will not be liable for any damage or loss caused by viruses, technologically harmful materials, or distributed denial-of-service attacks that may infect your computer equipment, data, or other proprietary materials resulting from your use of the Website, any services or items obtained through the Website, or downloading any material posted on it or on any website linked to it. Your use of the Website, its content, any services, and items purchased or obtained through the Website, except as otherwise expressly stated by Boomitra, are at your own risk. The Website, its content, any services, and items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
Neither Boomitra nor any person associated with Boomitra makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Website, its content, or the items provided therein. Without limiting the foregoing, neither Boomitra nor anyone associated with Boomitra represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the site or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
Boomitra hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. This disclaimer does not affect any warranties which cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless Boomitra, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
These Terms of Use and the Privacy Policy constitute the entire agreement between you and Boomitra with respect to your use of the Website, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter contained herein. Your obligation to indemnify Boomitra, along with any other part of these Terms of Use that, by their nature, should survive termination of these Terms or your right to use the Website, shall survive.
These Terms and any rights or licenses granted to you under them are personal to you, and cannot be assigned without obtaining written consent from Boomitra.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING A CLAIM ON BEHALF OF OTHERS. Any disputes or claims arising from the use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be resolved by binding arbitration under the Federal Arbitration Act, federal arbitration law and rules, and the laws of the state of Washington. No other arbitration will be joined to any arbitration under these Terms. Class arbitration proceedings will not be allowed. Findings or stipulations of fact in any other arbitration, judicial or similar proceeding cannot be used as preclusive or collateral estoppel effect in any arbitration under these Terms (unless decided in another proceeding between you and Boomitra). No conclusion of law in any other arbitration can be given any weight in any arbitration under these Terms (unless decided in another proceeding between you and Boomitra). Both parties will be responsible for their respective arbitration fees.
These Terms are governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the state of Washington without giving effect to any choice or conflict of law provision or rule. Despite this, Boomitra reserves the right to bring any suit, action, or proceeding against you for breaching these Terms in your country of residence or any other relevant country.
You agree that Boomitra may bring a suit in any court of competent jurisdiction to enjoin infringement or other misuse of Boomitra’s or its affiliates or licensors’ intellectual property rights.
If you have a legal claim related to these Terms or the Website, you must start legal proceedings within one (1) year after the claim arises. After this time, your claim will be permanently barred, unless the law provides for a longer time period.
If Boomitra does not enforce a particular term or condition in these Terms, this does not mean that Boomitra waives its right to enforce it later. If a court decides that any part of these Terms is invalid, illegal, or unenforceable, that part will be removed or limited to the minimum extent necessary, and the remaining terms will continue to be valid and enforceable.
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If you have any questions, comments, or concerns about these Terms or the Website, please contact us at info@boomitra.com. We will make our best efforts to respond to your inquiries in a timely manner.
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