DISCLAIMER REGARDING SIRBOOMER'S
The SIRBOOMER provides shopping services to help you locate and purchase products from online and offline
retailers. SIRBOOMER'S, does not, however, control those independent retailers and SIRBOOMER'S does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products
or services. When shopping by means of services provided by SIRBOOMER'S you acknowledge and agree that:
SIRBOOMER'S does not endorse any of the products or services ("Merchandise") linked to
from or through the SIRBOOMER'S SERVICES, nor has SIRBOOMER'S taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through SIRBOOMER'S or their own web
sites. SIRBOOMER'S expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be
requested to give any third party. We advise you to exercise your own judgement and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIRBOOMER'S SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SIRBOOMER'S SERVICE AND/OR PARTICIPATE IN SIRBOOMER'S CONTEST
OR SWEEPSTAKES: (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SIRBOOMER'S SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SIRBOOMER'S; OR ANY OTHER MATTER
RELATING TO THE SIRBOOMER'S SERVICES OR OPERATION OF CONTEST OR SWEEPSTAKES, PRODUCTS SHALL NOT BE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. 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 MAY NOT APPLY TO YOU.
INDEMNIFICATION YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SIRBOOMER'S ARISING FROM YOUR
USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU
AGREE TO IMMEDIATELY NOTIFY SIRBOOMER'S, Contact Us OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
TERMINATION AND MODIFICATION
Further, you agree that
SIRBOOMER'S shall not be liable to you or any third-party for any termination of your access to the SIRBOOMER'S OR THIRD PARTY Service.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
These terms shall
be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out
of or relating to these terms shall be filed only in the state or federal courts located in Mecklenberg County in the State of North Carolina and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and SIRBOOMER'S relating SERVICE subject matter. |
