Boom Pop Bang | Terms and Conditions

Welcome

Welcome to Boom Pop Bang’s website and online services (“Boom Pop Bang site” or the “Site”), an online information and communications service provided by Boom Pop Bang in Texas. This policy is intended to cover the uses for all of the Site, although additional conditions, restrictions and privacy policies may apply.

Disclaimer

The content, products and services offered herein are here to educate consumers on well-being issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, mental health advice, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care or mental health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or qualified mental health care provider with any questions regarding personal physical or mental health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified physical or mental health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

Use of the Site is subject to the following terms of use. Boom Pop Bang may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on the Boom Pop Bang Site. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, Boom Pop Bang may offer website visitors the opportunity to participate in additional features or services through theBoom Pop Bang Site. You may be required to enter into additional agreements or authorizations before you can access such features or services.

Intended for users 18 and older

The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.

You agree that you will not:

• Upload or transmit any communications or content of any type that may infringe or violate any rights of any party

• Use this website for any purpose in violation of local, state, national or international laws

• Use this site as a means to distribute advertising or other unsolicited material to any third party

• Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity

• Attempt to disable, “hack” or otherwise interfere with the proper functioning of this website

If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Termination of use

Boom Pop Bang may, in its sole discretion, terminate your account or your use of the Site at any time.

Boom Pop Bang reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

Blogs and interactive media

If you use blogging features or otherwise post information to a Site, you give Boom Pop Bang the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your submission for any purpose, in any form, and on any media.

If you use blogging features or otherwise post information to the Site, you agree you will not:

• Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights

• Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Boom Pop Bang in its sole discretion

• Post advertisements of solicitations for business

• Post chain letters or pyramid schemes

• Impersonate another person including but not limited to a spouse, child or sibling

• Allow another person to use your credentials for posting or viewing comments

• Post the same note more than once or “spam”

Boom Pop Bang reserves the right (but is not obligated) to do any or all of the following:

• Remove communications that fail to conform with these terms of use

• Terminate a user’s access to the entire Site or specific features such as the blog

• Edit or delete any communications posted on the blog features, regardless of whether such communications violate these standards.

Indemnification

You agree that you will indemnify Boom Pop Bang against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Site.

Intellectual property

The marks “Boom Pop Bang ,” is a trademark and/or service marks of Boom Pop Bang . The content and design of Boom Pop Bang Site is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Boom Pop Bang or an affiliatedBoom Pop Bang entity. You understand and agree that title to these materials shall not pass to you or any other user.

Disclaimers

YOU UNDERSTAND AND AGREE THAT THE BOOM POP BANG SITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE BOOM POP BANG SITE IS PROVIDED ON AN “AS IS” BASIS. BOOM POP BANG DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, BOOM POP BANG DOES NOT GUARANTEE THAT USE OF THE BOOM POP BANG SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWN TIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

Errors on the Boom Pop Bang Site

Content, prices, and availability of any products and services are subject to change without notice. Errors will be corrected where discovered, and Boom Pop Bang reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed.

Limitations of liability

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL BOOM POP BANG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Links to third party websites

The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display the Boom Pop Bang trademarks (“Third Party Site,” “Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

Boom Pop Bang does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the Boom Pop Bang Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. Boom Pop Bang makes no representation or warranty as to any products or services offered on any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Jurisdiction

You agree that any dispute or claim (including personal injury claims) related to your use of the Boom Pop Bang Site is subject to the exclusive jurisdiction of the appropriate court in the state in which your care was originally given on-site by Boom Pop Bang , or at which care was requested, and will be adjudicated pursuant to the laws of that state. This agreement also applies to anyone claiming on your behalf.

Contact information

If you have a question or concern regarding your privacy, please contact the Privacy Officer using the contact information below:

Boom Pop Bang
jami@boompopbang.com