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PLEASE READ THESE TERMS OF USE/USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. ADDENDUM 1. You understand that this site is for personal use only and is not for commercial or other non-personal use. 2. All of the information that you have provided at registration is true and accurate. 3. You have only registered one time for this site. 4. If you provide any information in a review, forum, or other post, this information will be true and accurate. 5. You verify you are 16 years old or older. 6. You understand that Boonzee does not accept any liability whatsoever for any harm that might result from any statements presented on the site. 7. You will not use profane or inappropriate language in using this site. You further understand that Boonzee reserves the right in its full discretion to remove any offensive statements and cancel any subscription or registration of a user making such a statement.
1. General. This site is owned and operated by Insight Strategy, LLC, a Texas limited liability company, d/b/a Boonzee (hereinafter referred to as “Boonzee”). Boonzee has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content and software needed for access or use of the site. These terms of use apply to all users of Boonzee from one-time users to people browsing the website to Boonzee customers. 2. Intended Use. A. You understand that Boonzee is intended as a tool to assist its members. You further recognize that you should never depend on a single tool, but rather use all tools available to you and then depend only on your own common sense in making any decisions. B. You understand that some information available on Boonzee is based entirely on the opinions of its members, and Boonzee makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the services provided by any company or service provider mentioned on the site.
C. You understand that Boonzee does not accept any liability whatsoever for any harm that might result from any statements presented on the site, including third-party classified advertisements posted on the site. D. You further understand that all statements concerning insurance, licenses, etc. are informational only. Since insurance and licenses can expire and can be cancelled, you should always verify such information yourself. E. You understand that any statements by Boonzee, its employees, agents, and affiliates are opinions only, and that you should not rely on them and should seek professional guidance. F. You understand that any services or products offered by members of the site are based entirely on the offerings of its members. Boonzee makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the services or products provided by any individual, company or service provider utilizing the site and assumes no liability related thereto.
3. Restrictions on Use. A. You will use the site for lawful purposes only. You will not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Boonzee’s sole and exclusive discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. B. The foregoing provisions of Section 2 are for the benefit of Boonzee, its subsidiaries, affiliates, and its third-party content providers and licensors and each will have the right to assert and enforce such provisions directly or on its own behalf.
4. Privacy Policy. Please see our Privacy Policy to review how information that is collected on the site is used by Boonzee. 5 . Disclaimer of Warranty; Limitation of Liability. A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER BOONZEE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. B. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE. C. IN NO EVENT WILL BOONZEE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE), OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, IN DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL BOONZEE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR PURCHASING SERVICES OR PRODUCTS THROUGH THIS SITE. D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BOONZEE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 6. Indemnification. You agree to defend, indemnify, and hold harmless Boonzee and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the site, including but not limited to any reviews and postings you may make to the site. 7. Trademarks. Boonzee, Boonzee.com, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Boonzee. All rights are reserved. All other trademarks appearing on the site are the property of their respective owners. 8. Copyrights. The site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, software, photos, video, graphics, music, and sound. The contents of the site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of Boonzee and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice will be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. 9. Third-Party Content. Boonzee has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users are not of Boonzee, but of those third parties. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Boonzee neither endorses, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the site by anyone other than authorized Boonzee employee spokespersons while acting in their official capacities. 10. Changed Terms. Boonzee has the right at any time to change or modify these Terms of Use applicable to use of the site, or any part thereof, or to impose new conditions. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice will be deemed to constitute acceptance of such changes, modifications, additions, or deletions. 11. Choice of Law/Forum Selection. This agreement will be construed, enforced, and governed exclusively by and in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Any dispute relating to this agreement and any rights arising hereunder will be resolved solely in the state and federal courts of Dallas County, Texas and each party submits itself to the exclusive jurisdiction of the state and federal courts of Dallas County, Texas for any dispute relating to this agreement. Each party hereby irrevocably waives any challenges it may have to personal jurisdiction or venue in a state or federal court in Dallas County, Texas in the event a dispute arises between the parties relating to this agreement. 12. Entire Agreement. This document sets forth the entire understanding between the parties relating to the subject matter contained herein, and supersedes any prior agreements and discussions between the parties on this subject matter, whether oral or in writing. The parties represent and warrant that each did not rely upon any past representation, negotiation, or offer in entering into this agreement. 13. Severability. Should any provision of this agreement be held to be void or of no effect by a final, unappealed decision of a court or tribunal of competent jurisdiction or in conflict with any applicable laws, the provision will be reformed to the extent allowed by applicable law to evidence the intent of the parties, and such determination will not affect the remaining provisions of the agreement. 14. Miscellaneous. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and will not be given any legal import. ADDENDUM (See Above) |
