Please read these Terms and Conditions of Use and Purchase (“Terms of Use”) carefully. They apply to your downloading and use of the LastingMatters Organizer (the “Organizer”) provided by Boo’s Bucket List, LLC. (“BBL”, “us”, "we" or "our") through the website www.LastingMatters.com (the “Site”). Your access to and use of the Organizer is subject to these Terms of Use and all applicable laws. BBL makes no representation that content, materials or information made available on or accessed through the Site or Organizer are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.
THE ORGANIZER IS A BLANK WORKBOOK AND YOU AGREE THAT YOUR USE OF THE ORGANIZER SHALL BE AT YOUR SOLE RISK. BBL HAS NO ACCESS TO OR CONTROL OVER THE INFORMATION YOU ENTER INTO THE ORGANIZER. ACCORDINGLY, BBL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY STORAGE, TRANSMISSION, LOSS, OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR MISUSE OF PERSONALLY IDENTIFIABLE INFORMATION, PROTECTED HEALTHCARE INFORMATION, CONSUMER FINANCIAL INFORMATION, CREDIT CARD INFORMATION, OR OTHER SENSITIVE OR CONFIDENTIAL INFORMATION THAT YOU MAY ENTER INTO THE ORGANIZER. AS WITH THE KEEPING OF ANY SENSITIVE OR CONFIDENTIAL INFORMATION YOU SHOULD EXERCISE CAUTION IN ENTERING INFORMATION AND PROTECTING THE ORGANIZER ONCE ORDERED AND DOWNLOADED. THE INFORMATION PROVIDED AND DISCUSSED ON THE SITE AND BY THE ORGANIZER ARE INFORMATIONAL ONLY. BBL DOES NOT PROVIDE LEGAL, FINANCIAL, OR TAX ADVICE. BBL, THE ORGANIZER AND THE SITE ARE NOT SUBSTITUTES FOR CONSULTATION WITH AN ATTORNEY, TAX PROFESSIONAL OR FINANCIAL ADVISOR.
Proprietary Rights. The Organizer and its contents, including text, graphics, images, photographs, illustrations, trademarks, service marks, logos, taglines, slogans, trade names, documents, data sheets, and other material, (collectively, the “Materials”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by BBL or its licensors and are protected under both United States and foreign laws. Your use of the Organizer does not grant to you ownership of any of the Materials. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of authorized personnel of BBL, its licensors or the otherwise applicable rights holders.
Limited License. Subject to your compliance with these Terms of Use, you may (a) access and view the Organizer and Materials on your computer or other device and (b) download and use the Organizer solely for your own lawful, non-commercial or personal use, provided that you retain all copyright and other proprietary notices contained in the Organizer and Materials. Any rights not expressly granted herein are reserved.
Except for the limited permission in the preceding paragraph, BBL does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights of BBL or of any third party, whether by estoppel, implication or otherwise.
Except as otherwise provided herein, the Organizer and Materials may not be modified, copied, posted on any network computer or broadcasted in any media. You may not mirror the Organizer or Materials on another web site or in any other media.
Use Restrictions and Prohibited Conduct. Any commercial or promotional distribution, publishing or exploitation of the Organizer or Materials is strictly prohibited unless you have received the express prior written permission from authorized personnel of BBL, BBL’s licensors or the otherwise applicable rights holders. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Site, the Organizer or any of the Materials. Except as provided herein, you agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose the Organizer or any of the Materials. You further agree that you will not alter or remove any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices contained in the Organizer or Materials. You acknowledge that you do not acquire any ownership rights by downloading the Organizer made available on or accessed through the Site.
Disclaimer of Warranties. THE ORGANIZER AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BBL HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND OF FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITATION, BBL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE ORGANIZER OR MATERIALS, ABOUT THE RESULTS TO BE OBTAINED FROM USING THE ORGANIZER OR MATERIALS, OR THEIR CONTENT OR INFORMATION. BBL DOES NOT WARRANT THAT THE ORGANIZER OR MATERIALS OR OF ANY OTHER CONTENT OR INFORMATION WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE, OR WILL OPERATE WITHOUT INTERRUPTIONS. BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS.
Limitation of Liability. IN NO EVENT SHALL BBL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO THE ORGANIZER OR MATERIALS OR ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, OR THE INTERNET GENERALLY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BBL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR THE DISSEMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity. You agree to defend, indemnify, and hold harmless BBL, its officers, members, investors, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Organizer or the Materials, your breach of these Terms of Use and/or violation of any applicable laws.
Effective Date: April 4, 2014
