Thank you for using www.gobumpfree.com
1.1. We may amend these Terms at any time as the result of a regulatory change or for any commercially reasonable reason. Our future performance of our obligations under these Terms is sufficient consideration for any amendment. Any amendment will become effective upon notice to you, either by email or by posting it on the Site. If you do not agree to any amendments you must stop your use of the Site or Services and terminate your account, if applicable. Any terms provided to you in any other form are null and void.
1.2. By using the Site or Services, you represent and warrant to Us that:
1.2.1. You are of the legal age of majority in your jurisdiction;
1.2.2. You are able to enter into legally binding agreements under the applicable law of your
1.2.3. You will provide true, complete and current information when so required by your use
1.2.4. Your use of the Site or Services does not violate or circumvent any applicable law. jurisdiction; of the Site or Services; and
We may terminate or suspend the Services or access to the Site immediately, without prior notice or liability, for any reason whatsoever including, without limitation, if you breach these Terms.
3. Account and Password Access Information.
If applicable, you are solely responsible to keep your account login and password information confidential. You shall be solely liable for any activity that occurs under your account via the primary login information. You agree to notify Us immediately of any unauthorized use of your account or any other breach of security.
4. Fees, Payments & Refund.
You are solely responsible for all charges, fees, taxes arising out of any use of your account by you or anyone else using your account.
5. Use of the Site
5.1. Compliance with Laws. The Site and Services shall only be used for lawful purposes and you shall use the Site and Services only in compliance with these Terms and all other applicable laws in your jurisdiction, including but not limited to Canada's anti-spam legislation and any other policies, laws, or regulations related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws (collectively, “Applicable Laws”).
5.2. Restrictions on Use. We prohibit the use of the Site or Services for any use prohibited by Applicable Laws. You further agree to comply with the following in connection with your use of the Site and Services:
5.2.1. You may not access or use the Site or Services in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site or the Services that is not authorized by Us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site or the Services).
5.2.2. You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which do the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or Services for any unauthorized purpose.
5.2.3. You may not use the Site or Services in a way that, to be determined in Our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or Services, including Our servers, computer network, or user accounts.
5.2.4. You may not use the Site or Services in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site or the Services.
5.2.5. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use any content of the Site or Services for public or commercial purposes without Our express written permission.
5.2.6. You shall not interfere with or disrupt the Site or any related websites or servers or networks connected to the Services.
5.2.7. You shall not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to users, and generally agree not to use the Services for illegal purposes.
5.2.8. You shall not transmit files that contain viruses, corrupted files, or any other similar software, programs or malicious code that may damage or adversely affect the Site or Services, Our software, hardware, telecommunications equipment, or the operation of another person’s computer.
5.2.9. You shall not use the Site or Services in violation of the Applicable Laws or third party rights (including third party terms of service).
6. Intellectual Property.
6.1. All right, title, and interest in and to the Site, the Services, and any and all logos, designs, trademarks, and creative works on the Site and affiliated with the Services are and will remain Our exclusive property, and we maintain worldwide copyright rights, trade secret rights, and other intellectual property rights in such property (collectively, “Intellectual Property Rights”). You will not use our Intellectual Property Rights (or anything that is confusingly similar to our Intellectual Property Rights) for any purpose.
6.2. These Terms govern use of the Site and Services, and, except as expressly set forth herein, you are not granted a license to any of our software by these Terms and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site or Services or any software, documentation, or data related to the Site or Services; remove any proprietary notices or labels from the Site or Services; modify, translate, or create derivative works based on the Site or Services or any software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or Services.
7. Modifications to Service.
AETC reserves the right to, at any time, modify or discontinue any portion of the Services with or without notice to you. You agree that AETC shall not be liable to you or to any third party for any modification or discontinuation of any of the Services.
8.1. You hereby agree to indemnify, defend and hold Us and all of Our officers, directors, owners, employees, Affiliated Parties, suppliers, and licensors (collectively referred to in this section 8, the "Indemnified Parties") harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim, including but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of:
8.1.1. your use of the Site and the Services;
8.1.2. any use or alleged use of your account or your passwords by any person, whether or not
8.1.3. your connection to the Site;
8.1.4. your violation of these Terms, or
8.1.5. your violation of the rights of any other person or entity.
8.2. You shall be responsible for compliance with all obligations imposed by all Applicable Laws and you shall indemnify and hold Us harmless from and against any third party claim against Us resulting from your violation (intentional or otherwise) of Applicable Laws.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AETC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) AETC MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OR ANY PART OF THE SERVICES WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AETC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US.
EXCEPT WITH RESPECT TO FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF AETC, OR LIABILITY THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY LAW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL AETC OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES authorized by you; OF THIS SECTION AS "AETC") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, OR FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES, EVEN IF FORESEEABLE OR IF AETC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, OTHER THAN WHERE CAUSED BY AETC'S MATERIAL BREACH OF THESE TERMS, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF AETC TO YOU ARISING IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY AETC TO YOU IN THAT 12 MONTH PERIOD.
10.1. Full force and Effect. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
10.2. Entire Agreement. We and you agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under these Terms or existing at law or equity shall be considered a waiver of such right or remedy.
10.3. Assignment. You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion.
10.4. Further Assurances. You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of these Terms.
10.5. Third Party Beneficiaries. Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.
10.6. Titles The titles of the paragraphs of these Terms are for convenience only and have no legal or contractual effect.