Terms of Use

Welcome to the Mumboe web site located at "www.Mumboe.com" (this "Site"), which is owned by Mumboe. Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these "Terms"), including but not limited to conducting this transaction electronically, disclaimers of warranties and a choice of Texas law. Mumboe is dedicated to safeguarding your information. For details, please read our Privacy Policy.

These Terms are effective as of January 14, 2008.

1. Site Content

All contents of this Site are: © 2008 Mumboe. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and "look and feel" of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, the "Content"). Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from the Site, in whole or in part, without the express permission of Mumboe. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Mumboe's intellectual property rights.

2. Modifications To Terms and Site

Mumboe may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.

Mumboe also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Mumboe may also impose limits on certain features, services or this Site in entirety without notice or liability. You acknowledge and agree that Mumboe will not be liable to you or any third party in the event that Mumboe exercises its right to modify or terminate access to this Site or portions of this Site.

3. Security

Mumboe employs commercially reasonable precautions to maintain the security of the system, including the use of industry standard encryption methods to prevent unauthorized access to customer documents and account information stored on our servers. This Site also protects information with the HTTPS security protocol during transmission to your web browser. The Site cannot protect any information after it has left the Site.

4. Third Party Sites

As a convenience to you, Mumboe may provide links to web sites and access to content, products and services of third parties, including without limitation, Mumboe's affiliates and strategic partners and other entities ("Linked Sites"). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Mumboe does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Mumboe, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.

5. Account Registration

This Site requires you to register for a password-protected account. You represent and warrant that all of the information you provide to Mumboe is true, accurate and complete, and that you have legal right to use the e-mail address(es) you provide. You agree to keep your information current by updating your account information. You agree to maintain the confidentiality of your password and account. You are responsible for all activities that occur under your account. If your account remains inactive for more than 90 days, Mumboe reserves the right to close your account.

6. Payment Obligations

In the event that you select to purchase one of the paid account options that Mumboe makes available (a "Paid Account"), you agree to pay for using such Paid Account according to the rate plan you select. Payment of your Mumboe account balance is due monthly and, unless you have a business account that has been pre-qualified by Mumboe, must be made by the credit or debit card you designate. Free Accounts are free of charge.

7. Account Cancellation

If your account is paid-in-full, you may cancel your account and terminate this Agreement at any time. Mumboe recommends exporting or saving any important documents and data because you will lose access to all content contained in your account after cancellation. Mumboe reserves the right to terminate any account that violates the terms of this Agreement.

8. Disclaimer and Limitation of Liability

MUMBOE MAKES NO REPRESENTATION OF ANY KIND REGARDING THIS SITE, CONTENT OR ANY PORTION THEREOF, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. MUMBOE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

IN NO EVENT SHALL MUMBOE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF MUMBOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Digital Millennium Copyright Act

For purposes of the Digital Millennium Copyright Act, if you have complaints or objections to Content posted on this Site, please contact our Webmaster.

10. Governing Law

Use of this Site is governed by Texas law. Any claim related to this Site shall be brought in a federal or state court in Texas within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.

11. Entire Agreement

This Agreement constitutes the entire agreement between you and Mumboe and governs your use of this Site. This Agreement supersedes all prior agreements and understandings between you and Mumboe, whether written or oral.

12. Indemnification

You agree to hold harmless and indemnify Mumboe and its subsidiaries, affiliates, officers, agents, directors, managers, employees, and successors from any claims, losses, damages, suits, demands, liabilities, judgments, litigation costs and attorneys' fees arising from or in any way related to your use of this Site, your breach of any of your obligations under this Agreement, or your violation of any applicable laws or regulations.

13. Severability and Waiver

If a court of competent jurisdiction declares any term or provision in this Agreement invalid or unenforceable, you and Mumboe nevertheless agree that the court should construe that term or provision consistent with applicable law as nearly as possible to reflect the parties' original intentions, and that the remaining terms and provisions remain in full force and effect. Failure by Mumboe to exercise or enforce any provision of this Agreement shall not constitute a waiver of any such provision.

14. Contact Information

If you have any questions about these Terms, the practices of Mumboe, or your dealings with this Site, please contact us through one of the methods listed below.

Mumboe
Attn: Webmaster
2100 Kramer Ln
Suite 900
Austin, TX 78758