Terms & Conditions

Last updated

2 February 2022

Welcome to the brandboom.com website owned and operated by Brandboom, Inc (hereafter, “Brandboom,” “we” or “us”). This Terms of Service agreement and the Addendums (collectively, the “ToS”) describes the terms and conditions applicable to your access and use of brandboom.com and any tools, platforms, and applications offered therefrom (collectively, the” Site”) and the services offered through the Site (the “Services”). The ToS constitute a legally binding agreement between you and Brandboom and your use of the Site and/or the Services signifies that you agree to all of the terms and conditions set forth below. To the extent you use any Services subject to an Addendum, you agree to the terms and conditions in such Addendum.

If you are using the Site and/or the Services on behalf of a business entity, such as your employer, principal or client, you acknowledge and agree that you have the authority to bind such entity to the ToS.

THE TOS ARE INTENDED FOR ALL USERS OF THE SITE AND SERVICES, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE SITE OR THOSE WHO REGISTER AN ACCOUNT.

HOWEVER, DIFFERENT SECTIONS OF THE TOS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.

Amendments to the ToS: Brandboom may amend this ToS at any time by posting the amended ToS on the Site, and you agree that you will be bound by any changes to this ToS by accessing or using the Site or any of the Services after the amended ToS has been posted.

Overview of the Brandboom Services:

Brandboom provides an online information and sales platform whereby sellers of products (“Sellers”) can manage their own product offers and customer relationships and connect with, provide various information and materials about product offerings, and sell those products to buyers (“Buyers”). While Brandboom provides these and other services to Sellers and Buyers and may facilitate transactions between them, please note: Brandboom is not directly involved in or otherwise a party to any transactions that may take place between Sellers and Buyers. Brandboom has no control over the quality, safety, or legality of any aspect of Sellers’ offerings or any claims made by Sellers about the products they offer, the truth or accuracy of warranties or pricing supplied by Sellers (via customized presentation, promotional materials or otherwise), or the ability of Buyers to pay for or meet other obligations to Sellers.

Brandboom does not conduct background checks regarding any users of the Site or Services. Brandboom is not a broker, agent or insurer for any Sellers or Buyers. We encourage you to communicate directly with potential transaction partners through the tools available through the Site and Services. All transactions entered into between Sellers and Buyers are made at each party’s own risk.

1. Requirements

As a condition of your use of certain aspects of the Services, you must:

(a) agree to this ToS and the Privacy Policy (accessible via this link: www.brandboom.com/privacy), and (b) register for an Account (defined below).

You are solely responsible for any internet connection fees that you incur when accessing the Services.

2. Accounts, Fees, and Security

2.1 Accounts.

There are two types of accounts available through the Services (each, an “Account”):

(a) “Buyer Accounts” which provides a user with buyer-only access to certain aspects of the Site and the Services free of charge; and (b) “Seller Accounts” which permit access to seller-only features of the Services, such as the ability to upload Content (defined below) to the Services.

You must complete the Account registration process by providing current, complete and accurate information. If your contact and/or payment account information changes, you agree to promptly update the Account information to reflect those changes. Upon subscription to either Account, a User Account must be established to access these Accounts.

2.2 User Accounts.

“User Accounts” allow a user to access an established Seller Account and/or Buyer Account by providing certain requested information.

A Buyer Account can be created by providing an e-mail address and such users will be prompted to create a password for account protection.

While users who do not create a password for the account will be permitted to continue, such users are assuming the risk of unauthorized users accessing the account via that e-mail address. The registration of a Seller Account requires additional user information.

You may create only one (1) User Account. By establishing a User Account, you agree that only one user is permitted access to each User Account and the User Account may not be shared or accessed by others except for internal technical support purposes. Each User Account is permitted access to only a Buyer Account or Seller Account. User Accounts established for access to Buyer Accounts are free of charge and have access to all buyer-related Services.

User Accounts established for access to Seller Accounts fall under two categories: (a) “Free Users”, which allows limited access to certain aspects of seller-related Services free of charge; and (b) “Paid Users” which allows full access to all seller-related Services. A Free User may be converted to a Paid User at any time with the purchase of a Paid User subscription. A Paid User cannot be converted to a Free User. User Accounts may be added to a Seller Account at any time after you create your Seller Account.

2.3 Term.

There is no defined term for Buyer Account subscriptions or Seller Account subscriptions with only Free Users.
The term for a subscription to a Seller Account with one or more Paid Users (Paid Seller Account) may either be one (1) month or twelve (12) months as specified. This term begins when the first payment is made. All accounts are subject to termination or cancellation as set forth below.

2.4 Fees.

The initial subscription fee for each Paid Seller Account listed on Brandboom’s Plans & Pricing page (https://www.brandboomn.com/pricing) is based on the term of the subscription and the number of Paid Users you initially designate that will have access to the Seller Account. Additional subscriptions fees for Paid Users that you subsequently add will be prorated for the remainder of the subscription term in effect. When you submit an order for a subscription with Paid Users, you agree to pay all fees set forth in the subscription page and all applicable taxes. Each Seller Account is fully response for all charges incurred by any Paid Users associated with such account. All payments must be made in US Dollars. If you choose to be invoiced, payments are due thirty (30) days after the invoice date. If you choose to pay by credit card or debit card, the fees shall be charged to the account you provide us through the billing page. You agree that you will pay for all transactions you conduct through the Site or Services and that Brandboom may charge your credit card or payment account as provided by you when registering for an account, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Brandboom with a valid credit card or payment account for payment of all fees at all times.

ALL PAYMENTS ARE NON-REFUNDABLE, SUBJECT TO APPLICATION LAW.

Fees for optional add-on services (“Add-On Services”) are listed in Brandboom’s Plans & Pricing page (https://www.brandboom.com/pricing). Payment terms for such fees are set forth in the applicable Addendum.

2.6 Delinquent Payments.

Delinquent payments may accrue interest at the rate of 1.5% of the outstanding balance per month (or the maximum rate permitted by law, if less) from the date such payment was due until the date paid. Paid Account holders will be responsible for any costs incurred by Brandboom in collecting delinquent amounts. Brandboom may, without limiting its other rights and remedies, accelerate the payment obligations of a delinquent Paid Account so that such amounts are immediately due and payable, and suspend access to the Seller Account until such amounts are paid in full. Any account that has been suspended for a period longer than 30 days are subject to Account Termination as defined in section 2.8.

2.7 Account Security.

You are responsible for maintaining the confidentiality of all of your Account usernames and passwords. You agree to notify Brandboom immediately if you believe that an Account has been compromised.

2.8 Cancellation by You.

You may cancel any Account registered to you at any time by following the instructions on the Site.

2.9 Effect of Account Termination or Cancellation.

If you voluntarily terminate an Account or allow that Account to lapse at the end of its term, you may reactivate that Account at any time through the account interface on the Site. Accounts terminated by Brandboom for any type of abuse, including without limitation a violation of this ToS, may not be reactivated. In the event that you cancel a Seller Account:

(a) you are responsible for the balance of all unpaid fees under that Seller Account, which shall become immediately due and payable on the date of cancellation; and (b) Brandboom has no obligation to maintain the Content (defined in Section 4.1) you have uploaded to and created on the Services. All User Accounts associated with the terminated or canceled Account also terminate.

3. Restrictions and Conditions of Use

You agree that you will not violate any applicable law or regulation in connection with your use of the Site or the Services. You may not connect to or use the Site and/or the Services in any way not permitted by this ToS. You agree that you will not

(a) become involved in any type of attack on the Site or the Services; (b) attempt to gain unauthorized access to the Site, the Services or other Accounts; (c) use any type of malicious software such as bots, spiders, viruses or other codes on the Site or the Services; (d) create derivative works of the Site or the Services; (e) copy, frame or mirror any part of content of the Site without the written consent of Brandboom; (f) access the Services in order to build a competing product or service; (g) attempt to reverse engineer any component of the Services; or (h) sell, resell, lease, or the functional equivalent, the Services to a third party. You may not use the Site or the Services to develop, generate, transmit, post or store information (including, but not limited to Content) that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Services; (iii) constitutes harassment or threatens other people or groups of people; (iv) is harmful to children in any manner; (v) violates any third party rights, including, but not limited to, copyrights, trademarks, trade secrets, patents or the rights of privacy and publicity; or (vi) constitutes phishing, harming or impersonates any other person, or steals or assumes any person’s identity.

4. Seller Account Content

4.1 Content.

“Content” means any communications, images, sounds, and all the material and information that is uploaded or transmitted through the Site and/or the Services via a Seller Account. In order for us to provide the Services, if you have a Seller Account, you permit us to reproduce, distribute, transmit, publicly display and publicly perform Content that you upload or transmit through the Services via your Seller Account. You, not Brandboom, determine what Content to upload through the Service and who has access to your Content. Accordingly, you acknowledge that, except as otherwise expressly provided in this ToS, Brandboom has no obligation, whether of confidentiality, or otherwise, with respect to Content that you upload or transmit through the Services and Brandboom will not be liable for any use or disclosure of Content by any user of the Site or the Services that you permit access to your Content. Further, you (and not Brandboom) are responsible for (i) maintaining the confidentiality of any links, passwords or other means you provide to users of the Site for accessing your Content; (ii) notifying all persons to whom you provide any link, password or other means for accessing your Content of the confidential nature
of such link, password or other means of access and (iii) any and all use or misuse of your Content by any person to whom you have permitted access to your Content.

By uploading Content onto the Site, you (Seller) represent and warrant that you:

are at least eighteen (18) years of age;
are the sole author and owner of the intellectual property rights embodied in the Content or that you
have obtained the necessary waiver of any moral rights owned by any third party in any Content;
are not posting any Content that includes threats to incite violence or that is defamatory, obscene,
indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable to a reasonable person;
are at least eighteen (18) years of age;

4.2 Access to Content.

We do not, and cannot, pre-screen or monitor any Content. We do not assume any responsibility or liability for Content that is uploaded or transmitted by users of the Site and/or the Services. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce any of the terms of this ToS; (c) to protect our legal rights and remedies; (d) where we believe someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior. If you have a Buyer’s Account and are provided with a link, password or other means for accessing Content through the Services, you agree to maintain the confidentiality of such link, password or other means of access.

5. Modification or Termination of the Services

Limited License. By agreeing to the ToS, Brandboom grants you a limited license to access and use the Site and Services for your personal or business entity’s use only. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any non-personal purpose any content accessible via the Site or Services without the express written consent of Brandboom. You may not use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit any aspect, feature or functionality of the Site or Services, except as expressly permitted in the ToS. You may not reuse any content or features offered through the Site or Services without first obtaining the written consent of Brandboom. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Brandboom or its licensors, except for the licenses and rights expressly granted in these ToS. Brandboom retains the right to determine whether or not your use of the Site or Services is consistent with the ToS. We may suspend, restrict or terminate your use of the Site or Services and to refuse any future use of all or portions of the Site or Services if your use breaches or fails to comply with any of the ToS. Additionally, we may seek any and all legal and equitable remedies available, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the ToS; and/or (b) seeking damages relating to any breach or failure to comply with any of the ToS.

Brandboom may make changes to the Site and/or the Services at any time. Additionally, Brandboom may stop offering and/or supporting any of the Services at any time, provided, however, that Brandboom will use commercially reasonable efforts to provide you at least thirty (30) days’ notice prior to ending the Services. You understand that Brandboom may discontinue or restrict your access to and use of the Site and/or the Services without notice (a) if you have a Buyer’s Account or User’s Account for any reason, or (b) if Brandboom believes you have violated any of terms of this ToS.

6. Confidentiality

You acknowledge and agree that all of the features, tools, data, functions and other aspects of the Site and the Services (other than Content) that are accessible through a Seller Account are the confidential information of Brandboom and you agree not to disclose any such information in whole or in part without Brandboom’s prior written approval. This obligation shall not apply to information that you can prove is not confidential because such information is: (a) already known to you without an obligation to maintain its confidentiality; (b) publicly known through no wrongful act by you; or (c) rightfully received from a third party without breaching an obligation to maintain its confidentiality. If you have a Seller Account, Brandboom agrees not to use or disclose to any third party, other than in connection with Brandboom’s operation of the Site and/or the Services, any confidential data or information clearly identified as “Confidential” that you transmit through the Services; provided, however, that Brandboom will not have any such obligation with respect to information or data that (i) is or becomes (not through Brandboom’s misconduct) publicly available, (ii) you disclose to a third party without such restrictions, (iii) is already known to Brandboom without confidentiality obligations, or (iv) is rightfully received from Brandboom from a third party without confidentiality obligations.

7. Ownership

As between you and Brandboom, (a) Brandboom owns the Site and the Services; and (b) if you have registered for a Seller Account, you own all Content that you upload or transmit through the Services via your Seller Account.

8. Links and Third Party Services

The Site may contain services (including the transmission of product orders to sellers) or links to websites operated by others. Brandboom provides these services and links as a convenience and your use of them is at your own risk. Brandboom is not responsible for any of the services provided by third parties or content available on the other websites and disclaims all liability relating to your access to and use of these websites. Please note that the services provided by third parties through the Site or the Services may be subject to terms of service provided by the operators of such services and you should review such terms of service prior to using or participating in such services.

9. Intellectual Property

Brandboom (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Site and Service (including the online platform and related tools and applications) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site or Services, in which you hereby assign all rights, title and interest to Brandboom.

The Brandboom name and the Brandboom logo are trademarks/service marks of Brandboom and no right or license is granted to use them. Unauthorized use of any Brandboom trademark, service mark or logo may be a violation of federal and state trademark laws. Nothing in the ToS constitutes a sale or conveys to you any rights of ownership in or related to the Site or Service or any intellectual property rights owned by Brandboom.

9.1 Copyright.

The Site and the Services are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Site, the Services, or individual sections of the content, design or layout of the Site without Brandboom’s prior written permission.

9.2 Copyright Infringement Notice.

All users of the Site and Services represent and warrant they shall comply with all applicable copyright laws. In the event, we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any materials on the Site constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A User who materially misrepresents that material is infringing will be liable for the costs incurred by us and our affiliates, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense.

Any copyright infringement notification must be a written communication, transmitted by fax or regular mail, setting forth the following:

a physical or electronic signature of the copyright owner or a person authorized to act on detailed identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of their behalf;
your contact information, including your address, telephone number, and email address; and
a statement by you that you have a good faith belief that use of the material in the statement that the information in the notification is accurate, and, under penalty of perjury.
Copyright Infringement Notifications should be emailed to [email protected] or mailed to:

Brandboom
1111 S Grand Ave PH4
Los Angeles, CA 90015
c/o Copyright Infringement Notifications

10. Disclaimer of Warranties

The information, recommendations and/or services provided to you on or through the Site and Services are for general informational purposes only and does not constitute advice. Brandboom does not guarantee continuous, uninterrupted access to the Site or Services. Although Brandboom attempts to maintain the integrity and accuracy of the information accessible through the Site and Services, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by other users or third parties without Brandboom’s knowledge. The quality of the transactions requested through the use of the Site and Services is entirely the responsibility of the Buyers and Sellers. Brandboom under no circumstance accepts liability in connection with and/or arising from any goods, products or services provided by the Sellers or any acts, action, behavior, conduct, and/or negligence on the part of the Sellers and you hereby agree to release Brandboom from all liability and claims arising from the foregoing. Any complaints about the goods, products or services provided by the Seller should therefore be submitted to the Seller.

BRANDBOOM AND ITS AFFILIATES PROVIDE THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT BRANDBOOM AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY ONLINE PLATFORMS, TOOLS OR APPLICATIONS PROVIDED TO YOU AS A PART OF THE SERVICES WILL BE CORRECTED. BRANDBOOM AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BRANDBOOM OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

11. Limitation of Liability; Sole and Exclusive Remedy.

Brandboom disclaims all liability and all losses relating to your use of the site and/or services. Without limiting the generality of the forgoing, Brandboom will not be responsible for, or have any liability resulting from, the conduct or misconduct of any buyer or seller with whom you interact through your use of the services.

Brandboom will not be liable under any circumstances for any indirect, incidental, special or consequential damages of any kind. In no event will Brandboom’s liability for direct damages exceed the amount that you paid to us during the six (6) months prior to when your cause of action arose. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages and, in such states or jurisdictions; Brandboom’s liability shall be limited to the fullest extent permitted by law.

Brandboom’s liability shall be limited to the fullest extent permitted by law. Notwithstanding the foregoing, the cumulative liability of Brandboom, its affiliates, agents and their respective officers, directors, employees and agents to you for any and all claims arising from or relating to these ToS and your use of the Site or Service, including without limitation, any cause of action sounding in contractor, tort or strict liability, will not exceed $100. This limitation or liability is intended to apply without regard to whether other provisions of the ToS have been breached or have proven ineffective or if a remedy fails for its essential purposes.

YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TOS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THE TOS WOULD BE SUBSTANTIALLY DIFFERENT.

12. Indemnification

By using the Site or Service or any portion thereof, you agree to indemnify, defend and hold Brandboom and its affiliates harmless from any and all claims, demands and lawsuits and resulting liabilities, damages and losses, including reasonable attorneys’ fees and costs, resulting from or arising out of (a) your violation or breach of any term of the ToS or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Buyers or Sellers as applicable, or (c) your use or misuse of the Site or Services.

13. General

No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by the ToS. Without limiting the foregoing, Brandboom is not acting and does not act as an agent or broker for any users (including Buyers and Sellers) of the Site or Services.
Brandboom may assign any of its rights or obligation under this ToS at any time to any other person or entity without your consent. You may not assign any of your rights or obligations under this ToS without Brandboom’s prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this ToS is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToS shall be given full force and effect.

This ToS shall be governed by and construed in accordance with the laws of the State of California, United States of America without regard to its conflicts of laws principles. Any legal proceeding arising out of or relating to this ToS will be subject to the exclusive jurisdiction of the California State and U.S. federal courts located in Los Angeles County, California and you consent to the personal jurisdiction and venue of such courts. You further agree not to bring any claim on a class action basis. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. In the event any litigation is brought by either party in connection with this ToS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred in the litigation.

Our failure to enforce any provision of this ToS shall in no way be construed to be a present or future waiver of such provision. The express waiver by us of any part of this ToS shall not constitute a waiver of any future obligation to comply with that part of the ToS. This ToS and all Account subscription pages that you submitted along with any written addendums to this ToS between Brandboom and you, collectively, constitute the entire agreement between you and us with respect to the Site and the Services. In the event of a conflict between the terms of this ToS and any Account subscription pages and/or written addendum to this ToS, the terms of the Account subscription pages and/or the written addendum shall control and prevail.

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Addendum – Brandboom Connect

Brandboom Connect is an optional Add-on Service available to any Seller Account. Activation of this Add-On Service requires 1) your acceptance of the terms set forth in this Addendum, and 2) reconfirmation of your payment information. The terms of this Addendum shall be governed by the Terms of Service. Capitalized terms used but not otherwise defined herein shall have the meanings assigned to them under the Terms of Service.

Overview of the Brandboom Connect: Brandboom Connect provides a Seller Account access to a Buyer with whom Seller has not previously transacted under the Seller Account (“Potential Buyer”). It facilitates automatic communications of line sheet information from Seller to Potential Buyers identified by Brandboom’s proprietary AI. When Seller opts in to Brandboom Connect, such communications will automatically be sent daily. Seller may disable automatic communications once sufficient information on user and brand preferences has been collected. Once a Potential Buyer places a first order with Seller (“New Connect Order”), Brandboom will exchange Seller and such Buyer’s contact, order, shipping, purchase, and payment information.

Fees: Fees for Brandboom Connect (“Connect Fees”) are listed in Brandboom’s Plans & Pricing page (https://www.brandboom.com/pricing). Connect Fees accrue when a New Connect Order is placed, and Seller acknowledges that Connect Fees are for Brandboom’s marketing and lead generation efforts and are not commissions or fees assessed based on the fulfillment of the New Connect Order. CONNECT FEES ARE NON-REFUNDABLE.

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Brandboom ReConnect (Subsequent Order Fee)

Brandboom ReConnect (also referred to as “Subsequent Order Fee”) as is an optional add-on to Brandboom Connect.

Overview of the Brandboom ReConnect: Brandboom ReConnect allows Seller to reach Buyers with whom it has previously transacted but do not have current business with (“Previous Buyer”). Similar to Brandboom Connect, Brandboom ReConnect facilitates automatic communications of line sheet information from Seller to Previous Buyers under conditions set by Seller, including minimum time since last order with Previous Buyer and any exclusion of specific Previous Buyer contacts or entire domains. Once a Previous Buyer places a new order with Seller (“New ReConnect Order”), Brandboom will exchange Seller and such Buyer’s contact, order, shipping, purchase, and payment information.

Requirement: Brandboom ReConnect is only available to Sellers who have opted-in to Brandboom Connect Auto Mode.

Fees: Fees for Brandboom ReConnect (“ReConnect Fees”) are listed in Brandboom’s Plans & Pricing page (https://www.brandboom.com/pricing). ReConnect Fees accrue when a New ReConnect Order is placed, and Seller acknowledges that ReConnect Fees are for Brandboom’s marketing efforts and are not commissions or fees assessed based on the fulfillment of the New ReConnect Order. RECONNECT FEES ARE NON-REFUNDABLE.

Addendum – Trade Show Platform

Brandboom provides an online Trade Show platform for third-party trade show organizers. Customers who are invited to participate in an online Trade Show may be required to establish an account with the trade show organizer. As a result, Customers will not only be subject to the trade show organizer’s terms of service and privacy practices, but Customers will also continue to be subject to Brandboom’s Terms of Service and Privacy Policies. Brandboom does not make any express or implied warranty or endorsement with respect to the content, services, or goods that may be provided on these third-party trade shows.

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Addendum – Terms and Conditions for the Boom SHIP Program

The Boom SHIP Program (“Program”) provides a shipping solution for our valued Brandboom customer, who are monthly subscribers. With this Program, Brandboom customers are able to leverage Brandboom’s relationship with Flowfy and make small parcel shipments at discounted rates. Brandboom customers also can earn Boom Credits (defined below) which may be applied toward the customer’s monthly subscription fees.

Unless otherwise agreed in writing with Brandboom, your agreement with Brandboom will always include, at a minimum, these Terms of Service and our Privacy Policy.

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Eligibility Requirements

The Program is only available to Brandboom’s paid monthly subscribers located in the United States and its associated territories, namely, Startup Subscribers and Business Subscribers. Brandboom’s monthly subscribers also must be in good standing with their account paid up-to-date, and they cannot be in violation of any Brandboom’s ToS, Privacy Policy, or these terms.

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How the Program Works

-Each Brandboom user under a Startup or Business account can earn credits as they ship packages through the Program. One (1) credit is earned for each package sent through the Program for a given month (i.e., 1 package shipped = 1 credit).

-For each fifty (50) credits earned for a given month, the Startup or Business Account is awarded 1 Boom Credit. There is no limit as to the number of Boom Credits an Account may earn, but any unused Boom Credits will expire after a revolving three (3) months. This means you can’t save up your Boom Credits for a whole year and apply them in the next year. Boom Credits will be automatically applied to next month’s subscription fees.

-The monthly fee for a Startup subscription equals 1 Boom Credit, and the monthly fee for a Business subscription equals 2 Boom Credits. Full Boom Credit(s) would be required to redeem the monthly subscription fee even if there is a pro rata monthly subscription fee. For example, if a second user is added to a Startup subscription in the middle of the month, the monthly subscription fee is $39.50 (half of the monthly fee of $79), and a 1 Boom Credit would be required to be redeemed for the free subscription fee.

-Any extra credits earned in a given month are rolled over to the next month only. For example, if an Account earns 70 credits by shipping 70 packages, the Account earns 1 Boom Credit (1 Boom Credit = 50 credits) and the remaining 20 credits (70 credits – 50 credits (1 Boom Credit) = 20 remaining credits) are carried over to the next month only.

-If less than 50 credits are earned in a given month, those credits are carried over to the next month only. Any credits that cannot be utilized in the next month will expire. For example, if an Account earns 22 credits in March, those 22 credits will carry over to April. If the Account earns 20 credits in April, the Account has 42 credits at the end of April, but the 22 credits from March will expire and only 20 credits from April will carry over into May.

Example: A Startup Account has three (3) registered users. Each user sends 20 packages in January. These 3 users have earned a total of 60 credits for the Account (i.e., 3 users x 20 packages = 60 packages and each package is worth 1 credit). The Startup Account has earned 1 Boom Credit with a remainder of 10 credits. The Account’s February monthly subscription fee will be free as the 1 Boom Credit will be applied to the subscription fee for one (1) registered user and the remaining two (2) registered users will still need to pay the monthly subscription fee. The remaining 10 credits may be applied to any credits earned in February, but these 10 credits will expire after the month of February and cannot carry over to March. If the Account earns 70 credits in February, the Account has a total of 80 credits of which 50 credits are redeemed for 1 Boom Credit that will be applied to one (1) registered user’s March subscription fee, and there are 30 credits remaining at the end of the February, of which 20 credits will only carry forward to March. That is, the 10 credits from January will expire and will not carry forward to March, but the extra 20 credits earned in February will carry forward to March.

Customer Complaints

Brandboom customers acknowledge that Flowfy shall be providing services to print shipping labels, and Brandboom customers are subject to Flowfy’s Terms of Use. In the event that customer has a problem with the quality of services provided by Flowfy, the customer should immediately contact Flowfy to address any concerns. Should Customer reach out to Brandboom’s Customer Service regarding a problem with Flowfy’s service, Brandboom will work with you to obtain any additional information and/or assist customer with resolving the problem with Flowfy. To the extent that Brandboom attempts to resolve any problem, Brandboom does so in good faith and based solely on its terms and policies, but Flowfy has ultimate responsibility for its products and services.

Modification or Termination of Program

Brandboom may stop offering and/or supporting the Program at any time, provided, however, that Brandboom will use commercially reasonable efforts to provide you at least thirty (30) days’ notice prior to ending the Program. You understand that Brandboom or Flowfy may discontinue or restrict your access to and use of the Program without notice (a) if you have a Buyer’s Account or User’s Account for any reason, or (b) if Brandboom believes you have violated any of these terms or the terms of our ToS or Privacy Policy or Flowfy’s Terms of Service or Privacy Policy.

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Privacy Policy

Because Brandboom, Inc. (dba Brandboom) (“Brandboom”, the “Company”, “we”, or “us”) gathers information from the users (“users” or “you”) of its www.brandboom.com website and related platform, application and any services offered therefrom (hereafter, collectively referred to as the “Brandboom Service”), we have prepared this Privacy Policy to explain how we collect and use your information. BY USING OUR THE BRANDBOOM SERVICE OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.

Brandboom provides an online information and sales platform whereby sellers of products (“Sellers”) can manage their own product offers and customer relationships and connect with, provide various information and materials about product offerings, and sell those products to buyers (“Buyers”). The Privacy Policy covers all aspects of the Brandboom Service whether “online” (e.g., the Brandboom.com website, however accessed and/or used, whether via personal computers, mobile devices or otherwise) and “offline” (e.g., collection of data through mailings, telephone, or in person interactions) activities owned, operated, provided, or made available by Brandboom. This Privacy Policy also applies to your use of interactive features or downloads that: (i) we own or control; (ii) are available through the Brandboom Service; or (iii) interact with the Brandboom Service and post or incorporate this Privacy Policy.

Please review the following carefully so that you understand our privacy practices. If you do not agree to this Privacy Policy, do not use any the Brandboom Service or give us any of your information. In addition, please review our Terms of Service, which also apply to your use of the Brandboom Service. This Privacy Policy is incorporated by reference
into the applicable Terms of Service.

1. Brandboom’s Collection of User Information

(a) Collection of Personal Information

As part of the Brandboom Service, we will ask you to provide us with certain categories of personal information, including your name, e-mail address, mobile telephone number, billing address, personal vehicle information, and credit card and online business account information and credentials (“Personal Information”). We may collect this information through various forms and in various places through the Brandboom Service, including account registration forms, contact us forms, or when you otherwise interact with us. For example, when you sign up to use the Brandboom Service, you create an account profile. The current data fields include:

Name
Email
Phone Number
Mailing Address
Credit Card Number, expiration date & security code and or information regarding your PayPal, Google Wallet or other digital payment accounts.
Seller Product information, inventory numbers, prices, and customer information (including name, address, e-mail address and facsimile number).

Certain Personal Information you share with us may be viewable by and shared with other users in connection with your use of the Site and Services. Certain features and aspect of the Brandboom Service may require different types and forms of Personal Information. You can opt out of providing Personal Information by not entering it or not using the Brandboom Service, although not providing certain requested Personal Information may hinder your ability to use the Brandboom Service or features or aspect of the Brandboom Service.

Brandboom may offer you the option of integrating your Brandboom account information with information associated another account you have established either on your own computer systems or with certain third party applications, programs, sites and service providers (e.g. Quickbooks, Shopify, etc.) (hereafter, the “Outside Account”). By associating your Outside Account with your Brandboom account, you are granting Brandboom the right to access, utilize and store (if applicable) information (including Personal Information) tied to your Outside Account in connection with the Brandboom Service. Depending on the Outside Accounts you choose, and subject to the privacy settings that you have set in such Outside Accounts (where applicable) and on your account with Brandboom, the information you make accessible via your Outside Accounts (including Personal Information) will be available to Brandboom on and
through your Brandboom account.

(b) Collection & Use of Non-Personal Information

In addition to Personal Information, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Brandboom Service (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to the Brandboom Service, all of the areas within Brandboom Service- that you visit, and the time of day, among other information. We may use Usage Information for various reasons, including to enhance or otherwise improve the Brandboom Services. In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Brandboom Service, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.
Methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed):Cookies. A cookie is a data file placed on a Device when it is used to access the Brandboom Service. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. Cookies work by assigning a number to the user that has no meaning outside of the assigning website.

If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device. If you choose to disable cookies or Flash cookies on your Device, some features of the Services may not function properly or may not be able to customize the delivery of information to you.
You should be aware that the Company cannot control the use of cookies (or the resulting information) by third-parties, and use of third party cookies is not covered by our Privacy Policy.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Web beacons or similar technologies help us better manage content on the Brandboom Service by informing us what content is effective, count users of the Brandboom Service, monitor how users navigate the Brandboom Service, count how many e-mails that we send were actually opened or to count how many particular articles or links were actually viewed. We do not tie the information gathered by web beacons to our customers’ personal information.

Embedded Scripts – An embedded script is programming code that is designed to collect information about your interactions with the Brandboom Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Brandboom Service, and is deactivated or deleted thereafter.

Do Not Track Signals from Devices – Our website is presently configured to respond to DNT or “do not track” signals from web browsers or mobile devices by rejecting such user’s ability to navigate the site. Such features must be disabled prior to entering the Site.

We may, from time to time, supplement the information we collect about you through the Brandboom Service with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those sources with information we collect through the Brandboom Service. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.

(d) Information Collected from Job Applicants

If you wish to apply for a job with Brandboom, we will collect Personal Information such as your name, email address, phone number and may collect additional information such as resume. We use the information collected within this area of the web site(s) to determine your qualifications for the position in which you have applied and to contact you to set up an interview.

2. Use of User Information

Our primary goal in collecting your Personal information or Usage Information is to provide you with the Brandboom Service.
We may send you e-mails to provide the Brandboom Service to you, including to verify your username and password, to respond to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, telephone, or SMS or text message based upon your expressed preference where applicable.
We use the information collected from users for troubleshooting and in some cases, marketing purposes. We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you.

3. Sharing & Disclosure of User Information

We may share non-personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes. We do not sell, share, rent or trade the information we have collected about you, including Personal Information, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes unless you consent to such sharing at the time you provide your Personal Information. We may share user information of all types (including Personal Information) in the following circumstances:

(a) You Request To Receive Information From Third Parties.

You may elect to have your Personal Information shared to receive information and/or marketing offers directly from third parties. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

(b) Third Party Service Providers

We use third party companies and individuals to facilitate the Brandboom Service, provide or perform certain aspects of the Brandboom Service on our behalf – such as Providers and other third-parties to host the Brandboom Service, design and/or operate the Brandboom Service’s features, track the Brandboom Service’s analytics, process payments, engage in anti-fraud and security measures, provide customer support, provide geo-location information to our drivers, enable us to send you special offers, host our job application form, perform technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Brandboom Service’s features), or perform other administrative services. We may provide these vendors with access to user information, including Personal Information, this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors are obligated not to disclose or use Personal Information for any other purpose. This exception does not encompass our use of third party analytics service providers who evaluate and provide us with information about the use of the Brandboom Service and viewing of our content. However, such service providers may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
We use a third-party hosting provider who hosts our support section of our website. Information collected within this section of our web site is governed by our Privacy Policy.

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to protect and/or defend the Terms of Service for the Brandboom Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Company, the Brandboom Service or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; an /or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you subject to applicable law.

(d) Business Transfer

We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Brandboom Service or applicable database; or (ii) in connection with a corporate merger, consolidation, bankruptcy, restructuring, the sale of substantially all of our equity interests and/or assets or other corporate change, including, during the course of any due diligence process. To the maximum extent allowable by law, the Privacy Policy will apply to the user information as transferred to the successor entity. However, user information submitted after a transfer to a successor entity may be subject to a new privacy policy adopted by the successor entity.

4. User-Posted Content

The Brandboom Service may offer publicly accessible blogs or community forums or other ways to permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”). We or others may reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Content and may have the ability to share it with third parties across the Internet. You should be aware that any User Content you provide in these areas may be read, collected, and use by others who access them. Thus, please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that we do not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. This Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload, whether through the Brandboom Service or otherwise. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Brandboom Service.

5. Third Party Content & Links

The Brandboom Service may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from any online or mobile service are connected to your browser. In addition, when you are using the Brandboom Service, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. For example, if you click on a banner advertisement, the click may take you away from one of our websites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave the Brandboom Service and to read the privacy statements of all third-party web sites or applications before submitting any Personal Information to third parties.

6. Maintenance of User Information

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire the Brandboom Service, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through [email protected] We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.
You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.

We will retain your Personal Information and Usage Information (including geo-location) for as long as your account with the Brandboom Service is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location, trip history, credit card information and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide the Brandboom Service effectively, but our use of the anonymized data will be solely for analytic purposes.

7. No Collection of Children’s Personal Information

Persons under the age of 18 may not use the Brandboom Service. We do not knowingly collect personal information from anyone under the age of 13, and no part of the website is designed to attract anyone under the age of 13. Because we do not intentionally collect any information from children under the age of 13, we also do not knowingly share or disclose such information to third parties. If you have reason to believe that a child under 13 years of age has provided us with information, please contact us at [email protected] and we will take appropriate action under applicable law. We reserve the right to delete any information we believe to be in violation of this Privacy Policy.

8. Data Security

We use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information – such as any portions of your credit card number which we retain to process transactions you request. Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile. Password-protected areas of the Brandboom Service can be accessed only with a valid user name and password. Each password owner is responsible for keeping the password confidential and safe, as Brandboom has no control or responsibility for this type of User information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify Brandboom immediately for further action. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.

9. Brandboom’s Right to Amend this Privacy Policy

From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

10. Users Outside of the United State

If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.