BOOMPEX TERMS OF SERVICE

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Boompex ("Boompex," "we," "us," or "our"), governing your access to and use of the website located at boompex.com, together with all related content, features, and services (collectively, the "Service"). By accessing, browsing, submitting information to, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

References in these Terms to "Boompex" refer to the operator(s) of the Service, whoever they may be from time to time, including any successor entity.

1. Mission and Scope of the Service

Boompex is an editorially curated online directory covering businesses, manufacturers, independent professionals, online-only ventures, community organizations, government and public entities, and notable individuals located in or connected to the State of Florida. The Service is intended to promote awareness of local commerce, culture, and civic life. Boompex is not a review platform, a review-aggregation service, a business directory built on user ratings, or a marketplace for the sale of goods or services between Users.

2. Eligibility and Age Requirements

You must be at least 18 years old to submit a listing, correction, suggestion, message, or any other content to the Service, or to act on behalf of a business or organization in connection with the Service. Individuals between the ages of 13 and 17 may browse the public-facing portions of the Service but may not submit content of any kind. The Service is not directed at, and Boompex does not knowingly collect personal information from, children under the age of 13. See our Privacy Policy for additional information regarding children's privacy under the Children's Online Privacy Protection Act ("COPPA").

3. Editorial Discretion and Right to Refuse or Remove

Boompex operates on an invitation-only and editorially curated basis. Boompex retains the absolute and sole discretion to determine whether any business, organization, individual, or other subject matter is included in, edited within, or removed from the Service, at any time, for any reason or no reason, with or without notice, and without any obligation to explain, justify, or reconsider its decision. Inclusion in the Service, submission of a suggestion, or completion of a listing form does not guarantee publication. Boompex's editorial decisions are final and are not subject to appeal.

4. User Submissions: Accuracy and Sole Responsibility

Any person or entity that submits information to the Service --- whether by completing an invitation-based listing form, using the "Suggest a Business" or "Suggest a Person" forms, submitting a correction, uploading photographs, videos, or documents, or by any other means (each, a "Submission") --- represents and warrants that:

• (a) all factual information provided is true, accurate, current, and not misleading;
• (b) they have the right, authority, and any necessary consents to submit the information, including consent from any third party whose name, image, likeness, or personal information is included;
• (c) they own or have obtained all necessary rights, licenses, and permissions to upload any photograph, video, logo, or document submitted, and that such materials do not infringe the intellectual property, privacy, or publicity rights of any third party;
• (d) any claim regarding licensure, certification, ownership status (including but not limited to self-declared designations such as "woman-owned," "veteran-owned," "family-owned," or similar), background check status, insurance, bonding, years in business, or similar attributes is accurate to the best of their knowledge.

The submitting party bears sole and exclusive responsibility for the accuracy of all Submissions, including addresses, telephone numbers, pricing, business hours, licensing information, background-check representations, and all uploaded media and documents. Boompex does not independently verify Submissions except where explicitly stated, and all self-declared attributes are labeled as "self-reported by the business, not verified by Boompex" or equivalent language. You acknowledge that this labeling is a factual disclosure, not a limitation on your own responsibility for the underlying claim.

Where Boompex staff directly compose or edit a listing on behalf of a business or individual using materials, photographs, or information that business or individual has supplied (for example, where a business provides raw photographs and background information and asks Boompex to prepare the listing), the business or individual that supplied the underlying materials is deemed the source of that information for purposes of this Section and Section 4 generally, and is bound by the same representations and warranties as if they had completed the submission form themselves, regardless of who performed the data entry. Boompex's role in compiling such a listing is administrative and editorial in nature and does not constitute independent verification of the underlying facts.

5. Special Provisions for Listings Involving Contact With Minors

Certain categories on the Service involve providers who may work directly with children, including but not limited to tutoring, childcare, camps, driving instruction, and similar services (each, a "Minor-Facing Listing"). For any Minor-Facing Listing, the submitting party must affirmatively represent, by checking the required attestation presented on the submission form, that they have no criminal record that would disqualify them from working with minors. This attestation is a representation made solely by the submitting party. Boompex does not conduct criminal background checks, does not verify the accuracy of any such attestation, and disclaims all responsibility for the truth of any representation made under this Section. Any optional background-check status or supporting document voluntarily uploaded by a submitting party is likewise self-reported and unverified by Boompex; Boompex does not review such documents for accuracy or completeness and bears no liability for their content. Families and other users are solely responsible for independently verifying the credentials, suitability, and safety of any provider before engaging their services, particularly with respect to any provider who will have unsupervised contact with a minor. A false attestation under this Section constitutes a material breach of these Terms and grounds for immediate removal of the listing without notice.

6. Listings Concerning Individuals Not Submitted by the Subject

The Service includes profiles of named individuals who may be nominated by third parties (through the "Suggest a Person" form) or authored directly by Boompex staff from publicly available or independently provided materials, without the profiled individual having personally submitted or approved the content (each, a "Third-Party-Sourced Profile"). Boompex's inclusion of a Third-Party-Sourced Profile is made in an editorial and informational capacity, consistent with the newsworthiness and public-interest exceptions recognized under applicable law, including Florida's right of publicity statute (Fla. Stat. § 540.08), and is not made for the purpose of trade or advertising the profiled individual's name or likeness. Boompex does not use any individual's name, photograph, or likeness for advertising or commercial-endorsement purposes without that individual's separate, express consent. Any individual who is the subject of a Third-Party-Sourced Profile and who did not submit or authorize its publication may request review, correction, or removal of that profile at any time by using the "Submit Information" form or by contacting hello@boompex.com. Boompex will review such requests in good faith but retains sole discretion, as described in Section 3, over whether and how to respond.

7. Suggestions and Corrections Submitted by Third Parties

The Service allows any visitor, including those with no formal account or relationship with the subject of a listing, to submit a suggestion for a new listing or a correction regarding an existing listing, with or without providing their identity. Any person making such a submission represents that the information provided is accurate to the best of their knowledge and is submitted in good faith. Boompex reserves the right, in its sole discretion, to disregard, act upon, verify, decline to act upon, or forward to the affected party any such submission, and bears no responsibility for the accuracy, motive, or content of submissions made by third parties about listings or individuals other than themselves. Boompex reserves the right to refuse further submissions from, or to block, any person who submits abusive, harassing, defamatory, or knowingly false content through these mechanisms.

8. Public Directory Listings Sourced From Public Records

Boompex reserves the right to independently create, edit, and publish listings for government agencies, municipal offices, public parks, landmarks, and similar public or civic entities, using information drawn from publicly available official sources ("Public Records"), for informational and directory purposes. Such listings are provided as a public service and are not represented as official communications of, or endorsed by, the relevant government or civic body.

9. Content License Granted to Boompex

By submitting any text, photograph, video, logo, document, or other material to the Service (collectively, "Submitted Content"), you grant Boompex a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, adapt, modify, edit, translate, excerpt, create derivative works from, distribute, publicly display, and publicly perform the Submitted Content, in whole or in part, in any media now known or later developed, including but not limited to: (a) display on the Service; (b) use on Boompex's own social media accounts and marketing channels; and (c) incorporation into promotional or advertising videos, compilations, or other derivative works published on any platform owned or controlled by Boompex. This license survives removal of the underlying listing from the Service and termination of these Terms. Nothing in this Section transfers ownership of your underlying intellectual property rights; you retain ownership of your Submitted Content subject to the license granted here.

10. Video and Embedded Third-Party Content

The Service permits Submissions to include directly uploaded video files, subject to applicable size limits, or links to video content hosted on third-party platforms such as YouTube or Vimeo, which the Service may display via embedded players. Embedded third-party video content remains subject to the terms of service, privacy practices, and content policies of the platform on which it is hosted. Boompex does not control, endorse, or assume responsibility for the availability, accuracy, or content of any third-party-hosted video, and a linked video's unavailability or removal by the hosting platform is outside Boompex's control.

11. Advertising, Sponsored Content, and Affiliate Links

Boompex is a commercial and advertising platform. Any paid advertising, sponsored placement, or promotional content displayed on the Service will be clearly and conspicuously labeled as such (for example, "Ad," "Sponsored," or comparable language), consistent with guidance issued by the U.S. Federal Trade Commission ("FTC"). The advertiser is solely responsible for the content, accuracy, and legality of its advertisements, and for the quality, safety, and delivery of any goods or services offered. Where the Service includes a link to a third-party website through a referral or affiliate arrangement, Boompex will disclose the affiliate nature of the link (for example, "Boompex may earn a commission if you complete a booking through this link"), and Boompex is not a party to, and bears no responsibility for, any transaction concluded through such a third-party link.

12. Messaging Between Users

The Service provides a mechanism through which a visitor may send a message to a listed business or individual without either party's direct contact information being publicly disclosed. Boompex relays such messages and applies automated, keyword-based content moderation intended to detect and hold messages containing profanity, harassment, or similarly inappropriate content for review before delivery. This moderation is a best-effort measure only; Boompex does not guarantee that all inappropriate content will be detected or filtered, and Boompex bears no responsibility for the content of any message sent by one user to another. Boompex is not a party to, and assumes no responsibility for, any communication, transaction, or relationship that results from a message sent through the Service.

12.1 Acceptable Use of Contact Forms

[Placeholder — final text to be provided by Boompex.] Prohibited content in contact-form messages: [to be written]. Boompex's right to hold, not forward, and block senders: [to be written].

13. Intellectual Property; Prohibition on Scraping and Automated Data Collection

The Service, including its compilation, organization, structure, design, and all text, graphics, and software created by Boompex (excluding Submitted Content, which remains subject to Section 9), is the intellectual property of Boompex and is protected by applicable copyright, trademark, and other intellectual property laws. You may not use any automated means --- including scraping, crawling, data mining, harvesting, or similar techniques --- to access, copy, or extract data from the Service without Boompex's prior written consent. Boompex may employ technical measures, including but not limited to rate-limiting and embedded content-ownership metadata, to detect and deter unauthorized automated access, and reserves all rights and remedies available under applicable law, including the Computer Fraud and Abuse Act, against unauthorized scraping or data extraction.

14. Digital Millennium Copyright Act (DMCA) Notice

Boompex respects the intellectual property rights of others and expects Users to do the same. If you believe that content on the Service infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, to Boompex's designated agent at the contact information below. Your notice must include: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit Boompex to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner. DMCA Designated Agent: Boompex, c/o hello@boompex.com. Boompex will respond to properly submitted notices in accordance with the DMCA, which may include removal of the allegedly infringing material and notice to the party that submitted it.

15. Indemnification

You agree to defend, indemnify, and hold harmless Boompex and its owners, operators, staff, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your Submissions or any information you provide to the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party, including intellectual property, privacy, or publicity rights; or (d) any advertisement, promotion, product, or service you offer through or in connection with the Service.

16. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. BOOMPEX DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY THIRD-PARTY OR USER-SUBMITTED CONTENT, INCLUDING SELF-DECLARED ATTRIBUTES, LICENSING CLAIMS, OR BACKGROUND-CHECK REPRESENTATIONS, AND DOES NOT WARRANT THE QUALITY, SAFETY, OR LEGALITY OF ANY GOODS OR SERVICES OFFERED BY ANY BUSINESS OR INDIVIDUAL LISTED ON THE SERVICE.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOOMPEX, ITS OWNERS, OPERATORS, OR STAFF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF BOOMPEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOMPEX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

18. Governing Law, Arbitration, and Class Action Waiver

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except that once Boompex is formally organized as a Wyoming limited liability company, matters of internal corporate governance shall be governed by Wyoming law. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved exclusively through final and binding arbitration administered by a recognized arbitration provider, on an individual basis. YOU AND BOOMPEX EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. This arbitration provision does not apply to small-claims-court actions or to Boompex's right to seek injunctive relief to protect its intellectual property. If any part of this arbitration provision is found unenforceable, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida.

19. Termination

Boompex may suspend or terminate your access to the Service, or remove any listing or Submission, at any time, for any reason, in accordance with Section 3. You may request removal of your own listing or Submission at any time by contacting hello@boompex.com; such removal does not terminate the license granted under Section 9 with respect to content already incorporated into published materials prior to the removal request, except as required by applicable law.

20. General Provisions

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Boompex regarding the Service and supersede any prior agreements. Boompex's failure to enforce any provision of these Terms shall not constitute a waiver of that provision. You may not assign these Terms without Boompex's prior written consent; Boompex may assign these Terms freely in connection with a merger, acquisition, or sale of assets. Boompex shall not be liable for any failure to perform due to causes beyond its reasonable control.

21. International Users and Current Operating Location

The Service is directed at businesses, individuals, and audiences connected to the State of Florida and the United States. Boompex's personnel and technical infrastructure providers may be located inside or outside the United States at any given time. Depending on those locations, your information may be transferred to, stored in, or processed in the United States or in other countries. If you access the Service from outside the United States, you do so on your own initiative, are responsible for compliance with local laws, and consent to this cross-border transfer and processing.

22. Modifications to These Terms

Boompex may modify these Terms at any time by posting the revised Terms on the Service and updating the "Last Updated" date above. Material changes will, where practicable, also be communicated by email to affected registered contacts. Continued use of the Service after any such change constitutes your acceptance of the revised Terms.

23. Contact Information

Questions regarding these Terms may be directed to hello@boompex.com.