I. TERMS of payment:
a.The User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing period selected) is due when you set up your account. Failure to use this account does not relieve the user of payment obligations.
b.If you choose to subscribe on a month-by-month basis, and are a Credit Card customer, you hereby agree to allow BOOTLUST to bill your card on each successive billing date without obtaining any further permission from you after the initial charge. You agree to notify BOOTLUST of any changes in your Credit Card Number or expiration date.
c. If payment is by check, payment due dates are indicated on your invoice , which will be Emailed to you and will contain your user ID and password. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If payment is not received within 7 days of the due date, service will be terminated.
d.Either BOOTLUST or you (USER) may terminate subscribership at any time, without cause, provided that notification is made by EMail or US Mail. If termination is by BOOTLUST, you (USER) will be entitled to a pro-rated refund of any unused subscription fees. If termination is by you, NO REFUND will be made. You will remain liable for all charges incurred prior to your notifying BOOTLUST of your intent to terminate.
e.You may not assign or transfer use of your access rights to any other person or entity. You must promptly inform BOOTLUST of the following: changes in the expiration date of any credit card used to pay for your subscription, changes in home or billing address, and /or apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of your ID or password. Until BOOTLUST is notified, by e-mail, US Mail, or by telephone of a breach in security, you will remain liable for any unauthorized use of the account.
g. In addition to any price for services, you agree to be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by you.
b.Information transmitted through the BOOTLUST web site cannot be assumed to be confidential. Therefore, BOOTLUST can not and does not guarantee privacy or guarantee protection of any user. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of the Company. We will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.
c. BOOTLUST exercises no control whatsoever over the content of the information passing through it. Use of any information obtained through the BOOTLUST web site is at your own risk. Neither BOOTLUST, nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does BOOTLUST make any warranty as to the results to be obtained from use of the service. Neither BOOTSLUST nor anyone else involved in creating, producing or delivering the service shall be liable for any indirect, incidental, special or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, 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 BOOTLUST, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
d. User agrees to indemnify and hold without harm BOOTLUST, its officers, employees, agents, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized.
e.The text and images posted on the BOOTLUST may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. or state regulation or law is prohibited. This includes but is not limited to: copyrighted , material legally judged to be threatening or obscene, or material protected by trade secret. User agrees to indemnify and hold harmless BOOTLUST from any claims resulting from your use of the service which may result in damages claimed by you or another party.
f.In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of BOOTLUST shall continue in force even in the event of termination of these Terms and Conditions on other grounds. BOOTLUST'S failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.
g.By the use of a BOOTLUST account , the User accepts the terms and conditions set forth in this agreement.
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