Last Updated: December 13, 2016
Sales Boomerang and its related entities (hereinafter, as appropriate, “us,” “we” or “our”) are providers of SALES BOOMERANG, a software platform and marketing tool that alerts a lender when a previously unqualified burrower qualifies for a loan product, and the SALES BOOMERANG website (“Site”).
WE MAY CHANGE OR MODIFY THESE TERMS AT ANY TIME AND IN OUR SOLE DISCRETION. UNLESS WE MAKE A CHANGE FOR LEGAL OR ADMINISTRATIVE REASONS, WE WILL PROVIDE NOTICE OF SUCH CHANGES, SUCH AS BY SENDING A NOTIFICATION, POSTING A NOTICE ON OUR WEBSITE OR UPDATING THE “LAST UPDATED” DATE ABOVE. YOUR CONTINUED USE OF THE SITE WILL CONFIRM YOUR ACCEPTANCE OF THE REVISED TERMS. WE ENCOURAGE YOU TO FREQUENTLY REVIEW THE TERMS TO ENSURE YOU UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING THE SITE.
Please note: There may be times when we offer a special product or feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.
In addition to the other responsibilities, rules and provisions outlined in these Terms, you represent and agree, by using the Site, that you:
- Are at least 13 years old;
- Are solely responsible for your use of the Site, and for any consequences thereof;
- Shall not copy, remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any product or feature of the Site;
- You have the legal right and capacity to enter into these Terms in your jurisdiction.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Interfering with the proper working of the Site;
- Copy, distribute, imitate, or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- Uploading invalid data, viruses, worms, or other software agents through the Site;
- Collect or harvest any personally identifiable information, including account names, from the Site;
- Access any content on the Site through any technology or means other than those provided or authorized by the Site;
- Bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
- Use any of the Site for any illegal or unauthorized purpose;
- Change modify, adapt or alter any of the Site or change, modify or alter another website so as to falsely imply that it is associated with SALES BOOMERANG or us;
- Send, create or submit unwanted emails, comments, likes or other forms of commercial or harassing communications (known as “spam”) to any users of the Site;
- Use domain names or web URLs in your username without prior written consent from us;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Interfere or disrupt the Site or servers or networks connected to the Site, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Specifically, you shall not inject content or code or otherwise alter or interfere with the way any page on our website is rendered or displayed in a user’s browser or device;
- Access the Site, create accounts or extract data using unauthorized means, including by not limited to, by using a robot, spider, crawler, scraper or other automated means or interface not provided by us;
- Compromise the security of the Site or user information;
- Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Site that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any product, services, brand or entity without our express written consent to do so; or
- Develop any third-party applications that interact with the Site without our prior written consent.
- Except for persons duly authorized to create accounts on behalf of their employers and/or clients, you agree you will not sell, transfer, license or assign or allow others to use your account user name, password, or any other account registration information or account rights.
- All account registration information you provide to us must at all times be true, accurate, current and complete. You agree to update your information as and when necessary for all of your account registration information to be true, accurate, current and complete.
- You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account. You agree to be held responsible by us and others if you fail to maintain the security of your account.
SALES BOOMERANG CONTENT & INTELLECTUAL PROPERTY:
- The design of the Site along with all content therein, and the SALES BOOMERANG name and logo, and related additional marks (collectively, “Marks”) we own and use in connection with the Site (“Content”) are our sole exclusive property, with all rights reserved. The Marks may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all custom graphics, button icons, page headers, and scripts are our exclusive service marks, trademarks and/or trade dress, and such items may not be copied, imitated or used, in whole or in part, without our prior written permission.
- You are hereby granted a limited, nonexclusive, non-sub licensable license to access and use the Content solely as needed to use the Site in strict accordance with these Terms. This license is revocable at any time for any reason whatsoever. Except as otherwise specifically provided in these Terms, this license does not include any right to:
- Distribute, publicly perform or display any Content;
- Modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, except as expressly provided for in a separate Service Agreement and End User Agreement to which you are a party;
- Use any scraping, data mining, robots, or similar data gathering or extraction methods;
- Access the SALES BOOMERANG API with an unauthorized or third-party account; and
- Using any of the Site or Content other than for their intended purposes as expressly stated in these Terms, except for uses expressly provided for in a separate Service Agreement to which you are a party.
OUR RIGHTS AND POLICIES:
We reserve the right to:
- Modify or terminate your account and/or your access to the Site for any reason, without notice, at any time, and without liability to you. You do have the ability to terminate your account at any time. Upon account termination (either by us or you), all licenses and other rights granted to you in these Terms will immediately cease;
- Modify or discontinue, temporarily, or permanently, the Site or any features or portions thereof without prior notice. We will not be liable for any modification, suspension, or discontinuance of the Site or any part thereof. Although it is our intention for the Site to be available as much as possible, there will be occasions when some or all of the features of the Site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment; and
- Integrate paid services, sponsored content, and/or commercial communications as part of the Site.
- Throughout your use of the Site, you may encounter third party content that we do not control, maintain or endorse. Functionality of the Site may permit interactions with a third party website or features.
- We do not control any Content on these third party websites or the web sites themselves.
- By using the Site, you acknowledge and agree we are in no way responsible or liable for any such third party services or features.
DISCLAIMERS; LIABILITY LIMITS:
NO WARRANTIES: YOU AGREE YOUR USE OF AND ACCESS TO ALL OR ANY PART OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOTWITHSTANDING ANYTHING CONTRARY HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR USE OF THE SITE OR THAT YOUR USE WILL BE ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT AND/OR USE OF THE SITE. WE ARE NOT LIABLE IF IT IS UNABLE TO PROVIDE THE SITE (OR ANY PART THEREOF), INCLUDING WITHOUT LIMITATION DUE TO, DIRECTLY OR INDIRECTLY: (a) THE FAILURE OF ANY MERCHANT TO SATISFY ANY COMPLAINTS, AGREE TO ACCEPT RETURN OF ANY GOODS, REFUND ANY AMOUNTS PAID OR OTHERWISE COMPLY WITH THESE TERMS, (b) THE FAILURE OF ANY PART OF THE SITE, ANY WIRELESS CARRIER, TELECOMMUNICATIONS OR ELECTRICAL FAILURE, (c) ANY INDUSTRIAL OR LABOR DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR GOODWILL OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS/DISCLAIMERS MAY NOT APPLY TO YOU.
You agree to indemnify us and hold harmless our company and its officers, directors, suppliers, service providers, agents and employees and those of our respective affiliates (collectively, the “Sales Boomerang Parties”) from any loss, liability, damages, fees, costs, claims, penalties or demands including reasonable fees of attorneys and other professionals, and any interest thereon, whether or not brought to suit, due to, arising out of or related to your use of the Site. Your indemnification of Sales Boomerang Parties includes, without limitation, third party claims of any nature or sort, any infringement, injury, damage, loss or harm (whether to you or any third party) arising out of or related to your use of the Site and/or your breach of these Terms.
These Terms are governed by the laws of the state of Maryland. Any claim between you and us arising out of or related to these Terms and/or the Site shall be resolved exclusively within the federal and state courts located in Baltimore, Maryland, U.S.A and you waive any jurisdictional venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek equitable relief in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of its intellectual property rights. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE RELATING TO US, THE SITE AND/OR THESE TERMS.
You may not assign your rights or obligations hereunder without our prior written consent. These Terms (including all other documents referenced herein) represent the entire agreement between you and us, which may only be amended as described herein. If any part of these Terms are found invalid, the balance of these Terms shall remain enforceable. The provisions addressing our proprietary rights, disclaimers and limitations of liability, indemnity and this Miscellaneous Section shall survive expiration or termination of your Account. The failure to enforce any of these Terms on any occasion shall not prevent enforcement on any other occasion or the enforcement of any other Term hereof. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
If you have any questions about us or the Site, please email us at: firstname.lastname@example.org