Terms and Conditions
Acceptance of Terms
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS
WEB SITE AND THE SERVICES OFFERED ON THIS WEBSITE, YOU ACCEPT ALL TERMS
AND CONDITIONS OF THIS AGREEMENT. YOUR ACCESS AND USE OF THE WEB SITE
CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS
SET FORTH BELOW. If you disagree with any of the terms that follow,
or do not agree to be bound by all such terms, do not use this website
or any of its related services.
Personal and Noncommercial Use Limitation
In order to use the Services, you must be at least 18 years of age.
In consideration of your use of the Services, you agree to provide
true, accurate and current information about yourself as prompted by
the required registration forms. This Site is for your personal, noncommercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or service found on or
obtained from the Site; provided that you may download, reproduce,
and retransmit Boomers Insurance Services Information solely for non-commercial
purposes within your organization. With the exception of the foregoing
limited authorization, no license or right in any copyright of Boomers Insurance Services
or any other party is granted or conferred to you.
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, fitness
for a particular purpose, or non-infringement, other than those warranties
which are imposed by and incapable of exclusion, restriction or modification
under the laws applicable to this agreement. YOUR USE OF THIS SITE
IS AT YOUR OWN RISK. IN NO EVENT SHALL Boomers Insurance Services, ITS AGENTS,
REPRESENTATIVES OR LICENSORS be liable for any LOSS OR INJURY OR ANY
damages, either direct, indirect, punitive, special, incidental, consequential
or otherwise, resulting from, or in any way connected to, the use of
this Site OR ANY Boomers Insurance Services INFORMATION, in each case regardless
of whether such damages are based on contract, tort, strict liability,
or those other theories of liability. Some jurisdictions do not allow
the exclusion of implied warranties or consequential or incidental
damages, so portions of the above-referenced exclusions may not directly
apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Boomers Insurance Services,
ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF
THE SITE OR ANY OTHER Boomers Insurance Services INFORMATION.
Copyright and Proprietary Rights Information
The Site may contain technical inaccuracies or typographical errors
or omissions. Boomers Insurance Services reserves the right to make changes,
corrections and/or improvements to the Site, and to the products and
programs described in such information, at any time without notice.
This Site contains and references trademarks, patents, trade secrets,
technologies, products, processes or other proprietary rights of Boomers Insurance Services.
No license or right to or in any such trademarks, patents, trade secrets,
technologies, products, processes and other proprietary rights of Boomers Insurance Services
and/or other parties is granted to or conferred upon you.
Your Use of The Service
You must be at least 18 years of age to use the Service. You warrant
and agree that, while using the Service, you will not do any of the
following:
- impersonate any other person or entity
- submit any information pertaining to a third party without that
party's understanding and express consent
- submit false or misleading information
- exploit this Service for any commercial reason
- engage in any activity prohibited under the CAN-SPAM Act
- engage in any criminal or otherwise unlawful behavior
- commit any action which could give rise to civil liability
- restrict others from making use of this Service
- upload or attempt to upload any computer virus, malicious computer
code, file program, or any other digital property
- commit any action that interferes with, blocks, or otherwise harms
the Service
Links to the Web Site
You may not establish a hypertext “link” to the Web Site
and/or distribute, modify or re-use the text or graphics of the Site
unless you obtain prior express written permission from Boomers Insurance Services
allowing you to do so.
Links to Third Party Sites
This Site may contain links to sites that are controlled by third
parties. These linked sites are not under the control of Boomers Insurance Services,
and Boomers Insurance Services is not responsible for the contents of any
linked site or any link contained in a linked site. Boomers Insurance Services
is providing those links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Boomers Insurance Services of
any linked site or constitute any warranty by Boomers Insurance Services
of any linked site or any items contained on such site.
Governing Law
Any disputes arising out of or related to the Site shall be governed
by and construed and enforced in accordance with, the laws of the State
of California applicable to contracts entered into and to be performed
entirely within the State of California.
No Unlawful or Prohibited Use. As a condition of your use of the Site,
you warrant to Boomers Insurance Services that you will not use the Site
for a purpose that is unlawful or prohibited by these terms, conditions,
and notices.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR,
WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOSS OF REVENUE,
OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INFORMATION
CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold harmless the Service (and its parents,
directors, officers, employees, subsidiaries, agents, and affiliates)
from any and all claims, liabilities, costs, and expenses, including
reasonable attorneys' fees and costs, due to or arising in any way
from the use or misuse by you of the Service, your violation of these
Terms and Conditions, your violation of any law, or infringement by
you of any right of any person or entity.
Proprietary Rights
We retain all rights, title, and interest in and to the Service, including
all content, data, materials, specific implementations of XHTML, CSS,
and other code, the look and feel, the design, and all other aspects
of the trade dress of this Site, and retain all intellectual and property
rights therein.
Third party logotypes, brandmarks, and service marks are the property
of their respective owners.
Use of the Service by you does not grant to you ownership and any
commercial use or exploitation of the Service by you is expressly prohibited.
You may not exploit, copy, redistribute, or reproduce any aspect of
the Service. Doing so may be a violation of applicable Federal and
state laws and may subject you to liability.
Other
If any provision of these Terms and Conditions is found to be invalid
or unenforceable, the other provisions shall remain in full force and
effect. Further, you agree that for any provision that may be found
to be invalid and unenforceable, you shall ask the court to endeavor
to give effect to the intent of the provision. These Terms and Conditions
constitute the full understanding between you and us. You agree that
any claim arising from or related to the Service must be filed within
twelve (12) months of your use of the Service, regardless of any statute
or law to the contrary.
Contacting Us
If you have any questions about Boomers Insurance Services, this Site,
our service, or this Privacy Policy, you may contact us at:
Boomers Insurance Services
28093 Bradley Road
Sun City Ca. 92586
1-800-815-1943
Changes and Updates
We reserve the right to make changes and updates to these Terms and
Conditions at any time, at our sole discretion. An updated copy of
these Terms and Conditions will be kept clearly posted and accessible
on this Site at all times.
