Terms and Conditions
Your Access to and use of WEBSMARTBOOMER.COM is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website You are fully accepting the terms, conditions and disclaimers contained in this notice. If You do not accept these Terms and Conditions You must immediately stop using the Website. WEBSMARTBOOMER.COM reserves the right to modify these terms at any time. Except as otherwise stated herein, any change to these terms is effective immediately after WEBSMARTBOOMER.COM gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
- “Access” or “Accessing” means Accessing, using, viewing the content or otherwise obtaining information on the Site.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
- “WEBSMARTBOOMER.COM” refers to websmartboomer.com, a Washington State sole proprietorship.
- “Subscriber” refers to any person or entity that purchases or uses a subscription.
- ”Customer” refers to any person or entity that purchases a product from WEBSMARTBOOMER.COM
- “User” refers to any party who Accesses the Site.
- “Website” or “Site” refers to the Website maintained on the World Wide Web by websmartboomer.com, available at http://www.websmartboomer.com
- “You” or “Your” refers to the User.
Subscriptions, Purchases, and Refunds
Subscriptions are on a month-to-month and annual basis unless otherwise specified. Subscriptions will automatically renew monthly and annually until cancelled by the Subscriber. If a Subscriber wishes to receive a refund for any reason, a full refund for the month during which they have made the request will be given and the subscription will be discontinued. Subscription fees for any months prior to the month in which the refund is requested are non-refundable.
If a Customer requests a refund for any reason for the purchase of a product that has been written or created by WEBSMARTBOOMER.COM, the Customer will be fully refunded for the purchase up to three months from the date of purchase. After three months, the purchase fee is non-refundable.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects WEBSMARTBOOMER.COM.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these terms.
- Permit or provide others Access to the subscription material with Your User name and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- Violate or attempt to violate WEBSMARTBOOMER’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or WEBSMARTBOOMER.COM.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by WEBSMARTBOOMER.COM.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, WEBSMARTBOOMER.COM reserves the right to monitor use of the Site and reserves the right to revoke or deny Access.
The contents of the WEBSMARTBOOMER.COM Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Copyright, Trademarks, and Other Proprietary Rights
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to WEBSMARTBOOMER.COM or otherwise used by WEBSMARTBOOMER.COM as permitted by law. In Accessing the Website You agree that You will Access the content solely for Your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only. This license shall automatically terminate if You violate any of these restrictions and may be terminated by WEBSMARTBOOMER.COM at any time. Upon terminating Your viewing of these materials or upon the termination of this license, You must destroy any downloaded materials in Your possession whether in electronic or printed format.
Changes, Revisions and Errata
The materials appearing on WEBSMARTBOOMER.COM's web Site could include technical, typographical, or photographic errors. WEBSMARTBOOMER.COM does not warrant that any of the materials on its web Site are accurate, complete, or current. WEBSMARTBOOMER.COM may make changes to the materials contained on its web Site at any time without notice. WEBSMARTBOOMER.COM does not, however, make any commitment to update the materials. WEBSMARTBOOMER.COM reserves the right to change or remove (temporarily or permanently) the Website or any part of it without notice and You confirm that WEBSMARTBOOMER.COM shall not be liable to You for any such change or removal.
Disclaimers and Limitation of Liability
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights, compatibility, security, and accuracy. To the extent permitted by law, WEBSMARTBOOMER.COM will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. WEBSMARTBOOMER.COM makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. WEBSMARTBOOMER.COM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web Site or otherwise relating to such materials or on any Sites linked to this Site. In no event shall WEBSMARTBOOMER.COM or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on WEBSMARTBOOMER.COM's Internet Site, even if WEBSMARTBOOMER.COM or a WEBSMARTBOOMER.COM authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.
Termination of Agreement
WEBSMARTBOOMER.COM may terminate this Agreement at any time and at its sole and absolute discretion. WEBSMARTBOOMER.COM may also terminate Access to any or all educational and/or instructional material or cancel subscriptions without notice if it believes, in its sole judgment, that a Subscriber has breached or may breach any term or condition of this Agreement, or engaged in conduct that WEBSMARTBOOMER deems inappropriate.
WEBSMARTBOOMER.COM has not reviewed all of the Sites linked to its Internet web Site and is not responsible for the contents of any such linked Site. The inclusion of any link does not imply endorsement by WEBSMARTBOOMER.COM of the Site. Use of any such linked web Site is at the User's own risk.
You agree to indemnify and hold WEBSMARTBOOMER.COM and its owners and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against WEBSMARTBOOMER.COM arising out of any breach by You of these Terms and Conditions or other liabilities arising out of Your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with Washington law and You hereby submit to the exclusive jurisdiction of the Washington State courts. All disputes between You and WEBSMARTBOOMER.COM shall be finally resolved through binding arbitration in Vancouver, Washington.
For any further information please email [email protected].