Boondock Technologies, LLC

Terms of Service Agreement

Introduction

Welcome! Boondock Technologies, LLC is glad to have you as part of the Boondock Echo product journey.

This Terms of Service Agreement ("Agreement") governs your use of our product Boondock Echo, our website located at boondockecho.com, our Discord server named Boondock Technologies, the GitHub Server Boondock Echo and our YouTube channel Boondock Technologies. By accessing or using our services, you agree to be bound by the terms and conditions set forth in this Agreement.

User Account and Subscription Services

1. Account Creation: To use certain features of our services, you must register and create an account at www.boondockecho.com.You must provide accurate and complete information and keep your account information updated.

2. Electronic Communications: Visiting www.boondockecho.com or sending emails to Boondock Technologies constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that communication be in writing.

Boondock Technologies, LLC has no obligation to monitor the Communication Services. However, Boondock Technologies, LLC reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Boondock Technologies, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

3. Your Account: If you use the website, Discord server, or YouTube channel maintained by Boondock Technologies, LLC you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Boondock Technologies, LLC is not responsible for third-party access to your account that results from theft or misappropriation of your account. Boondock Technologies, LLC and its associates reserve the right to revise or cancel service, terminate accounts, or remove or edit content at our sole discretion.

4. Subscription Services: Boondock Echo includes subscription-based services. Subscription terms, including fees and billing cycles, will be provided at the time of subscription. Payment methods will be specified during the subscription process.

5. Renewal and Cancellation: Subscriptions are automatically renewed until canceled. You may cancel your subscription in accordance with our cancellation policy available on our website.

Use of Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

1. Permitted Use: You agree to use our services only for lawful purposes and in accordance with this Agreement.

2. Prohibited Conduct: You are prohibited from using our services in a manner that is illegal, infringes upon the rights of others, or is harmful to others.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

3. Content Guidelines: You are responsible for any content you provide on our platforms and agree to comply with our content guidelines.

Intellectual Property Rights

1. Ownership: All rights, title, and interest in and to the services and their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are and will remain the exclusive property of Boondock Technologies, LLC and its licensors.

Boondock Technologies, LLC does not claim ownership of the materials you provide via electronic communication (including feedback and suggestions) or post, upload, input or submit to any Boondock Technologies, LLC site or associated service (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Boondock Technologies, our affiliated companies and necessary sublicense permission to use your Submission in connection with the operation of their Internet business including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Boondock Technologies, LLC is under no obligation to post or use any Submissions you may provide and may remove any Submission at any time in Boondock Technologies, LLC sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all the rights to your Submission as described in the section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit that Submissions.

2. License to Use We grant you a limited, non-exclusive, non-transferable license to access and use our services for your personal, non-commercial use in accordance with this Agreement.

User Data and Privacy

1. Data Collection and Use: We collect and use your data in accordance with our Privacy Policy, which is incorporated herein by reference.

2. Data Sharing: We do not share your personal data with third parties except as described in our Privacy Policy.

3. Children Under Thirteen: Boondock Technologies, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use boondockecho.com only with the permission of your parent or guardian.

Third-Party Links and Services

Our services may contain links to third-party websites or services that are not owned or controlled by Boondock Technologies, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By connecting your Boondock Technologies account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy setting on those third-party sites.) If you do not want information about yourself to be shared in this manner, do not use this feature.

Limitation of Liability and Disclaimer of Warranties

1. Liability: To the maximum extent permitted by law, Boondock Technologies, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services.

2. Warranties: Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied.

5. Renewal and Cancellation: Subscriptions are automatically renewed until canceled. You may cancel your subscription in accordance with our cancellation policy available on our website.

Indemnification

3. Your Account: You agree to defend, indemnify, and hold harmless Boondock Technologies, LLC and its affiliates, licensors, officers, directors, employees, agents and third parties and service providers from any claim, liability, loss, expense, or demand, including reasonable attorney's fees, arising out of or related to your violation of this Agreement or your use of the services.

Modification of Terms and Services

We reserve the right to modify this Agreement or our services at any time. We will notify you of any changes by updating the date at the top of this Agreement and, in some cases, we may provide additional notice

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state in which Boondock Technologies, LLC is registered, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the services shall be instituted exclusively in the federal courts or the courts of that state.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Boondock Technologies, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOONDOCK TECHNOLOGIES, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Contact Information

For any questions about this Agreement, please contact us at support@boondockecho.com

Termination and Suspension

Boondock Technologies, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Boondock Technologies as a result of this agreement or use of the Site. Boondock Technology, LLC’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Boondock Technology, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BOondock Technologies with respect to such use. If any part of the agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Boondock Technologies, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Boondock Technologies with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Miscellaneous

This Agreement constitutes the entire agreement between you and Boondock Technologies, LLC regarding our services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.