The Boom Australia Web Site is operated by Directed Electronics and its affiliates (collectively, the "Directed Web Sites").
1. Acceptance of Terms through Use
2. Use of Site
3. Use of Software
If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is otherwise provided with the Software. You may not download or install the Software until you have read and agreed to the terms of the Software License Agreement.
4. General Disclaimer and Limitation of Liability
Although Directed has attempted to provide accurate information on this Site, Directed assumes no responsibility for the accuracy of the information or materials; nor does Directed warrant that the information or materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Directed may change the materials or products mentioned at any time without notice. Mention of non-Directed products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL DIRECTED OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY DIRECTED PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF DIRECTED OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. User Communications
Other than personally identifiable information, use of which is governed by the Directed Online Privacy Statement, any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary. Directed will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Site you: (i) agree that Directed and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by Directed will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.
6. Password Protected
Access to and use of any password protected area of the Site, is restricted to authorized users only who have met the qualifications required by Directed, in its sole discretion, for use of such password protected area. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder's rights to access this Site.
7. Removal of Content and Discontinuation of Service Termination of Authorization to Use Site
Directed reserves the right to remove content or discontinue services available on this Site with or without notice. Directed further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
8. Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk. Directed does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on these sites, or about any products found at those sites, or about any search results that may be obtained from using them. Directed provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Upon a request by Directed, you agree to defend, indemnify, and hold harmless Directed and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. Directed reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Directed in asserting any available defences.
This Site is administered by Directed Electronics Australia from its offices at Melbourne, Australia. Directed makes no representation that materials on this site are appropriate or available for use in locations outside Australia, and accessing them from locations where their content are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, export laws and regulations. If you choose to access this site from locations outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.
11. General Provisions