www.mailboomer.com Web site Terms of Use

PLEASE REVIEW THESE TERMS OF USE (THE “TERMS”) FOR www.mailboomer.com WEB SITE (THE “SITE”). BY USING THIS SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, PLEASE DO NOT USE THIS SITE.

Changes to Terms

Please review the Terms regularly. The Terms may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.

Table of Contents

• Site Content
• Third Party Content
• Your use of the Site
• Use by Mailboomer Employees
• Use by Children
• Links to Other Sites
• User Comments and Submissions
• Copyright
• Trademarks
• Privacy Policy
• Disclaimers
• Indemnification
• Termination
• Applicable Law
• Miscellaneous

Site Content

Unless otherwise expressly noted, you should assume everything you see, hear, or otherwise receive from or on the Site (the “Content”) is copyright, trademark, trade dress or other intellectual property owned or licensed by Mailboomer. The Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, sounds, music, the Site as a whole and any other materials at the Site.

If you would like to request reprints, copy or distribute materials contained on the Site, other than for noncommercial, personal use, please contact Mailboomer Communications and Marketing.

Third Party Content

Nothing in the Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third parties included on the Site.

Your use of the Site

You agree that you will make only lawful use of the Site, and will use the Site only in compliance with all federal, state and local laws and regulations. You agree that you will make no use of the Site that violates anyone else’s rights, including copyright, trademark, patient, trade secret, privacy, publicity or other rights.

Mailboomer may change, suspend, discontinue or remove any aspect of the Site at any time, without prior notice, including the availability of any Site feature or services. Mailboomer may restrict your access to certain features or services without prior notice.

Use by Mailboomer Employees

If you are an employee, agent, contractor, or are otherwise employed by Mailboomer, these Terms supplement the Mailboomer policy on Acceptable Use of Mailboomer Information Technology Resources. In the event of a conflict between these documents, the policy on Acceptable Use of Mailboomer Information Technology Resources will control.

Portions of the Site are not public. Use of non-public portions of the Site is restricted to authorized Mailboomer personnel and authorized affiliates. All use of restricted portions of the Site may be monitored and/or recorded by Mailboomer system administration staff.

By using restricted portions of the Site, you expressly consent to any monitoring and recording of your activities while in such restricted areas. In the event monitoring reveals any indications of criminal activity, system administration staff will have the right, but not the obligation, to provide any such information to law enforcement personnel.

Use by Children

The Site is intended for adults aged 18 and older. It is not intended for or directed at persons under the age of 18. If you are under the age of 18, you may not register or submit personally identifiable information to or through the Site. Mailboomer does not collect personally identifiable information through the Site from any person Mailboomer actually knows to be under the age of 18.

Links to Other Sites

The Site may contain links to third party sites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Any links from the Site do not constitute the Mailboomer’s endorsement of any third party, its Web site, or its goods or services.

Mailboomer is not responsible for any Web sites, services or other material linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. If you have any concerns regarding any Web site linked to or from the Site, please direct them to the owner or operator of the Web site.

You may not create hyperlinks to the Site that portray Mailboomer in a false or misleading light. You may not use any “framing” or similar techniques to enclose any portion of the Site.

User Comments and Submissions

We welcome your comments regarding our Site and services. To submit your comments regarding our Site or services, e-mail them to admin@mailboomer.com. However, if you are dissatisfied with the Site, any of its Content, or any of the Terms, your sole and exclusive legal remedy is to stop using the Site. Any comments, ideas, suggestions or other information you transmit to the Site are not confidential or proprietary. Mailboomer will be free to use any comment, idea, suggestion or other information you transmit to us through the Site on an unrestricted basis. This may include personal information about you and your use of the Site. Please review the Mailboomer’s Privacy Policy for more information.

Copyright

Mailboomer respects the intellectual property of others. If you believe that your work has been infringed on the Site, please send a statutory notice to the Mailboomer’s copyright agent for notice of claims of copyright infringement:

[Add individual’s name if desired]
Mailboomer, Inc.
Ventura, CA. 93003

Trademarks

The @ Design M@ILBOOMER, TAME YOUR INBOX and graphical icons associated with the Mailboomer’s logo are registered trademarks of Mailboomer. Other trademarks appearing on the Site are the property of their respective owners. Use of any Mailboomer trademark is subject to the prior written permission of Mailboomer. Mailboomer is not affiliated with, or sponsored by any other company.

Privacy Policy

Mailboomer has a Privacy Policy that describes how we collect information from you or about you, why we collect this information, how we will use or disclose this information. In addition, Mailboomer’s Privacy Policy sets forth our general policies on information security. To review Mailboomer’s Privacy Policy, click here.

Disclaimers

YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAILBOOMER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SITE. MAILBOOMER PROVIDES THIS SITE, ALL CONTENTS, ALL INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE “AS IS.” MAILBOOMER EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANT-ABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT OFFERED ON OR THROUGH THE SITE.

MAILBOOMER WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF MAILBOOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Mailboomer does not warrant that your use of the Site, the operation or function of the Site, or any services offered on or through the Site, will be uninterrupted or error free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful elements. Mailboomer does not make any representations regarding the currency, accuracy or reliability of information on the Site.

Indemnification

You assume full responsibility for any use of any information, goods or services offered on or through the Site. You understand and agree that Mailboomer will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services.

You agree to defend, indemnify and hold harmless Mailboomer and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site in violation of any of the Terms.

Termination

Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates any and all rights granted to you under the Terms. Your obligations to Mailboomer will continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all Content obtained from this Site, as well as all copies of any Content.

Applicable Law

The Terms will be construed according to California law, without regard to provisions governing conflicts of laws. Any dispute arising under or relating to the Terms, the Content, the use of the Site, or any services obtained using this Site, will be resolved exclusively by the state and federal courts of the State of California. Your use of the Site constitutes your consent to the jurisdiction and venue of such courts with respect to any such dispute.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and Mailboomer relating to the Site. Any other agreements between you and Mailboomer regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.