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Membership Agreement

  1. INTRODUCTION
  2. Welcome to Boom Source. We start every new member relationship with an agreement. The following agreement spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click “Yes” at the end of the contract to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written agreement, and equally binding. Only by clicking “Yes” will you be able to access and use the services available on the Website.

  3. ACCESS AND SERVICES
  4. Your access to the various services available on this system depends on the level of access you select. you may change or discontinue your account at any time. we reserve the right to modify, suspend or terminate access to the service on your system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.

  5. FEES AND PAYMENT
  6. We will charge you a standard monthly fee of $19.00 per month for your membership. Additional fees may be charged when more than one service is offered, and have been selected. You should review the complete and current price list before signing up for any services. You will be given the opportunity to pay by credit card or PayPal.

    a. Payment of Subscription Fees. Payment of Subscription Fees shall be charged monthly. The first payment shall be invoiced on the Effective Date.

    b. Increases in Subscription Fees. Membership Fees contained in the FEES and will be fixed for a period of twelve (12) months following the Effective Date, and thereafter may be increased by Boom Source not more often than once per year, and upon providing Members with thirty (30) days prior written notice of the increase. Any increases in Membership Fees after the initial twelve (12) months shall not exceed the greater of any actual increases in costs to Boom Source for the continued delivery of its Services that are beyond its reasonable control or 5% of the total Membership Fees paid in the previous twelve (12) months. All pricing terms are confidential, and Members agree not to disclose them to any third party unless required by law or court order.

    c. Taxes and Duties. Boom Source fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Member will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state), local, or other taxes based solely on Boom Source’s income.

  7. MAINTENANCE
  8. d. Downtime. Downtime is defined as the inability of most users to access the website.

    • Network errors outside of the control of Boom Source or agents of Boom Source;

    • Planned maintenance announced at least forty-eight (48) hours prior;

    • Maintenance that is performed between 10 pm and 2 am PT;

    • Outages resulting from the actions of Members, its employees and agents other than through normal use of the Site or Services; and

    • Any other unavailability caused by circumstances beyond Boom Source’s or SFDC’s reasonable control, including, without limitation, acts of God, acts of government, floods, fires, earthquake, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.

    Termination by Either Party for Any Reason. Either Party may terminate this Agreement at any time upon ten (10) business days’ prior written notice for any reason (“Termination for Convenience”). If Member terminates this Agreement pursuant to this Section 4e, Member is not entitled to any refund of Member Fees. If Boom Source terminates this Agreement pursuant to this Section 4e, Member shall receive a refund equivalent to any unused portion of the prepaid Term. Any unauthorized access, use of passwords or Services, or other abuse or impermissible activity on Boom Source Site or in connection with Boom Source Services may result in immediate suspension or termination of End-user accounts with no refund and without limitation of any other available legal remedies.

  9. INDEMNIFICATION
  10. a. Boom Source agrees to indemnify, defend and hold harmless Member, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site or Services from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees (collectively, “Losses”), resulting from or in connection with: (i) any breach of any obligation of Boom Source under Section 14 (Confidential Information); (ii) any breach by Boom Source of any of its warranties and representations under Section 10(a) (Representations and Warranties); (iii) violation of any applicable laws by Boom Source, its officers, directors, employees, agents, contractors, or affiliates (“Boom Source Responsible Parties”); or (iv) any misuse, loss, damage, corruption, or destruction of the Services by Boom Source Responsible Parties or any breach of security relating to the same.

    b. Member agrees to indemnify, defend and hold harmless Boom Source, its officers, directors, and employees from and against all Losses resulting from or in connection with any breach of any obligation of Boom Source, any breach by Boom Source of any of its warranties and representations under violation of any applicable laws by Boom Source, its officers, directors, or employees (“Boom Source Responsible Parties”); (any loss, damage, corruption, or destruction of the Services by Boom Source Responsible Parties or any breach of security relating to the same; or any infringement of intellectual property rights of any third party; provided, however, that Boom Source is not liable for any Losses arising to the extent that Boom Source modified the Boom Source IP, unless such modifications were approved by Boom Source, or the Losses are based on a use for which the applicable Boom Source IP was not authorized.

    c. Indemnification under subsections (a) and (b) hereof will be provided only on the conditions that the indemnifying Party is given written notice within fifteen (15) calendar days after the indemnified Party receives notice of the subject Action the indemnifying Party has sole control of the defense and all related settlement negotiations, provided any settlement that would impose any monetary or injunctive obligation upon the indemnified Party shall be subject to such Party’s prior written approval and unconditionally releases the indemnified Party of all liability; the indemnified Party provides cooperation and information in furtherance of such defense, as reasonably required by the indemnifying Party at the indemnifying Party’s expense. The indemnifying Party shall not be relieved of its indemnification obligations herein for the indemnified Party’s failure to comply with such requirements, except to the extent that the indemnifying Party has been prejudiced by the

  11. DISCLAIMER OF EXTERNAL LINKS
  12. These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by Fruitful Living, Boom Source or any of their affiliates, products, services or opinions of the corporation or organization or individual. Fruitful Living, Inc. and Boom Source and its affiliates bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.

  13. AUTOMATIC RENEWAL SERVICE AGREEMENT
  14. Your purchase includes enrollment in our automatic renewal service. This keeps your products up and running by automatically charging the then-current renewal fees to your payment method on file just before they’re set to expire, with no further action on your part. You may cancel this service at any time by turning off the auto-renewal feature in your account.

  15. DISCLAIMER OF EXTERNAL LINKS
  16. This privacy policy discloses the privacy practices for (www.fruitfullivinginc.org & www.boomsource.org). This privacy policy applies solely to information collected by this web site. It will notify you of the following:

    1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
    2. What choices are available to you regarding the use of your data.
    3. The security procedures in place to protect the misuse of your information.
    4. How you can correct any inaccuracies in the information.

    Information Collection, Use, and Sharing
    We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

    Your Access to and Control Over Information 
    You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

       • See what data we have about you, if any.
       • Change/correct any data we have about you.
       • Have us delete any data we have about you.
       • Express any concern you have about our use of your data.

    Security 
    We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
    Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

    Updates
    Our Privacy Policy may change from time to time and all updates will be posted on this page.

    If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (408) 249-4697 or via email.

    Registration 
    In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

    If you take and fill orders on your site, insert a paragraph like this in your privacy policy: 

    Orders 
    We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

    Cookies 
    We use "cookies" on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

    Sharing 
    We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
    And/or: 
    We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order. And/or: 
    We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

    Links 
    This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.


    Surveys & Contests
     
    From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.