Terms of Service

Thank you for your interest in Boomer Media Co. and our related entities (collectively, “Boomer Media Co,”“we,” or “us”). Boomer Media Co provides the website at ThisBoomer.com (the “Website”), along with related websites and applications and communication channels (including online chat and telephone call centers) and facilitates services related to insurance agent and representatives, healthcare, marketing, management, and analytics (collectively, together with the Website, the “Services”).

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY USING THE WEBSITE OR BY USING THE SERVICES,USERS (ON BEHALF OF THEMSELVES AND THEIR ENTITIES, COLLECTIVELY “YOU”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THEFOLLOWING TERMS OF USE, INCLUDING THE BOOMER MEDIA CO PRIVACY POLICY (TOGETHER, THE “TERMS”).

These Terms provide that all disputes between you and Boomer Media Co will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Please review Section 11 for the details regarding your agreement to arbitrate any disputes with Boomer Media Co.

The Terms contain your agreement that Boomer Media Co may (1) call and text you regarding Boomer Media Co’s Services, and (2) monitor and record any telephone calls made or received by Boomer Media Co for business purposes of Boomer Media Co or its subsidiaries, employees, contractors, agents, business partners (including those listed here) or other third parties permitted to receive your information under the Boomer Media Co Privacy Policy (collectively, “Affiliates”), including for quality assurance purposes. Please review Section 3below and our Privacy Policy for more details.

These Terms contain other important disclaimers. If you are not eligible to use our Services or agree to these Terms, or if you do not agree to the Terms, you may not use the Services.

1. OUR SERVICES

Boomer Media Co provides insurance services where consumers and businesses can research and shop for various insurance, healthcare, and related products and services. Boomer Media Co is not an insurance company. It introduces users to insurance providers and related products offered by third parties.

Boomer Media Co does not endorse any particular insurance plan, provider, or agent. Any information provided about any specific insurance plan, provider, or agent shall not be construed as an endorsement by Boomer Media Co.

2. YOUR USE OF THE WEBSITE

You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and © your registration and your use of the Services complies all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms individually and on behalf of that organization.

If you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. By registering for an account, you give consent for us to share your information with our partners. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at info@thisboomer.com. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or service found on or obtained from the Website. No license or right in any copyright of Boomer Media Co or any other party is granted or conferred to you.

3. COMMUNICATIONS

By providing Boomer Media Co with a telephone number and other contact information when registering for an account, you agree to receive communications, including via-email and calls (including text messages and calls made using an auto-dialer or prerecorded voice message), from or on behalf of Boomer Media Co and its Affiliates at the email address or telephone number you provided, even if that number is on a National or State Do Not Call List. Calls may be for information and marketing purposes, such as to provide you with information about Boomer Media Co’ Services and your insurance and provider options, for assistance with applications and other inquiries, and to provide reminders of deadlines. You are not required to provide your consent to these calls as a condition of any purchase on or through Boomer Media Co, and you may revoke any consent for marketing messages, phone calls or text messages as described below. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. Boomer Media Co may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes.

If you wish to opt out of marketing emails, you can unsubscribe by following the unsubscribe options in the email itself. If you wish to opt out of texts, you may reply stop from the mobile device receiving the messages. If you wish to opt out of marketing calls or calls to a wireless number, then you may make a do not call request either during a call you receive from us or by calling back the phone number provided during the call. To opt out of such texts or phone calls, you may also email us at info@thisboomer.com with a request to stop receiving such texts or calls at a specified phone number.

You understand and agree that you may: (a) continue to receive communications while Boomer Media Co processes your opt-out request, (b) receive a communication confirming the receipt of your opt-out request, and © after opting out of receiving marketing messages, continue to receive certain non-marketing communications by email or to a non-wireless number, such as confirmations or updates related to your account, insurance application or policy, or transactions through the Services.

You may correct or update your contact information, by contacting us at info@thisboomer.com.

4. PROHIBITED CONDUCT

‍BY USING THE SERVICES YOU AGREE NOT TO: · Submit false or misleading information;· Use the services for any illegal purpose or in violation of any local, state, national, or international law, rule, or regulation; · Violate any right of a third party, including by infringing or misappropriating any third-party intellectual property right or submitting any information without that party’s understanding and express consent; · Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, hateful, or otherwise inappropriate; · Interfere with the operation of the website and services or any user’s enjoyment of the services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b)making any unsolicited offer or advertisement to another user of the services;© attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the services, or violating any regulation, policy, or procedure of any such network, equipment, or server;· Interfere with security-related features of the website and services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the website and services except to the extent that the activity is expressly permitted by applicable law; · Commit any action which could give rise to civil liability; or· Commit any action that interferes with, blocks, or otherwise harms the Website, Services or Boomer Media Co.

5. THIRD-PARTYSERVICES AND LINKED WEBSITES

Boomer Media Co may provide tools through the Services that enable you to export information to third parties, including to Affiliates. By using one of these tools, you agree that we may transfer that information to the applicable third-party service provider. Third party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Services may also contain links to third-party websites, which are also not under our control, and you agree we are not responsible for their content.

6. ADDITIONAL TERMS

Please read the Boomer Media Co Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Boomer Media Co Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Supplemental Terms”),such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Services. All Supplemental Terms are incorporated by this reference into, and made a part of, these Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to indicate your assent to the modified Terms. Notwithstanding the foregoing, any use of the Services after the Terms are modified constitutes your acceptance of the modified Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

7. PROPRIETARY RIGHTS

The Services are owned and operated by Boomer Media Co and its Affiliates. The Website contains and references trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of Boomer Media Co. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Boomer Media Co and/or other parties is granted to or conferred upon you. Third party logotypes, brand marks, and service marks are the property of their respective owners. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, Services, and all other elements of the Services (“Materials”) provided by Boomer Media Co are protected by intellectual property and other laws. All Materials included in the Services are the property of Boomer Media Co or our third-party licensors. Except as expressly authorized by Boomer Media Co, you may not make use of the Materials. Boomer Media Co reserves all rights to the Materials not granted expressly in these Terms. You may not establish a hypertext “link” to the Website and/or distribute, modify or re-use the text or graphics of the Website unless you obtain prior express written permission from Boomer Media Co.

‍If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Boomer Media Co an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and Services.

Boomer Media Co reserve all the rights to the Website contents, and may at our discretion change the contents of the Website, or restrict access to certain sections of the Website, or to discontinue any aspect of the Services, including, but not limited to content, features, providers and hours of availability, without notice or penalty.

8. DISCLAIMERS OF WARRANTIES

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICESARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY ORCONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENTPERMITTED BY LAW, BOOMER MEDIA CO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHEREXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENTAVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OFMERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE,OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOMER MEDIA CO DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENTOFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS,VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSEISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICESOR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANYWARRANTY REGARDING THE WEBSITE OR THE SERVICES THAT IS NOT EXPRESSLY STATED INTHESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FORANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOURDEALING WITH ANY OTHER SERVICES USER, AND ANY MATERIALS OR CONTENT AVAILABLETHROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, ANDUSE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICESAND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND, TOTHE FULLEST EXTENT PERMITTED BY LAW, THAT YOU ARE SOLELY RESPONSIBLE FOR ANYDAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USEDIN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USEOF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

‍The Website and Materials are for informational purposes only. No Material is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. Boomer Media Co does not recommend or endorse any specific tests, physicians, products, procedures, opinions, insurance coverage or other information that may be mentioned on the Services. Reliance on any information provided by Boomer Media Co Parties or other visitors to the Services is solely at your own risk.

9. INDEMNIFICATIONAND LIMITATION OF LIABILITY

To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify Boomer Media Co and its officers, directors, employees, consultants, affiliates, subsidiaries, agents, business partners and other third parties permitted to receive your information under Boomer Media Co Privacy Policy (together, the “Boomer Media Co Parties”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Services;(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;© your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

TO THE FULLEST EXTENTPERMITTED BY LAW, IN NO EVENT WILL BOOMER MEDIA CO PARTIES BE LIABLE TO YOU FOR ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISINGOUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS ORUSE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ONWARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGALTHEORY, AND WHETHER OR NOT ANY BOOMER MEDIA CO PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE AGGREGATE POTENTIAL LIABILITY OF THE BOOMER MEDIA CO PARTIES TO YOU FOR ALL CLAIMS ARISINGOUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITEDTO $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OFLIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATIONIS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OFTHESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITEDREMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. GOVERNING LAW

These Terms are governed by the laws of the State of California without regard to conflict of law principles. Subject to the arbitration provision in Section 11, if a lawsuit or court proceeding is permitted under these Terms, then you and Boomer Media Co agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, California for the purpose of litigating any dispute.

11. ARBITRATION

You and Boomer Media Co agree that except where limited or prohibited by law, any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration by the American Arbitration Association(“AAA”). This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. If the dispute is finally resolved through arbitration in your favor, Boomer Media Co will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Boomer Media Co in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BOOMER MEDIA CO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ACLASS ACTION.

You may opt out of this Arbitration provision by notifying Boomer Media Co inwriting of your decision, either by sending, within thirty (30) days of the date you accept these Terms, (1) an electronic message to info@thisboomer.com,stating clearly your name and intent to opt out of the Arbitration provision or (2) a letter sent by overnight mail to: Legal, 8605 Santa Monica Blvd, PMB 38903, West Hollywood, CA 90069. You have the right to consult with counsel of your choice concerning this Arbitration provision, and will not be subject to retaliation if you exercise your right to opt out of the arbitration provision. If this Section 11 is found to be unenforceable or you opt out of the arbitration clause as set forth above, the exclusive jurisdiction and venue described in Section 10 will govern any action arising out of or related to these Terms or your use of the Services.

12. GENERAL

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Boomer Media Co regarding your use of the Services. Except as expressly permitted above, these Terms maybe amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at anytime without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the fullest extent permitted bylaw, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, 3, and 6 through 12, along with the Privacy Policy and any other accompanying agreements, will survive.

13. CONTACT US

If you have any questions about Boomer Media Co or our Website, Services, Privacy Policy or Terms, you may contact us at: Boomer Media Co, 8605 Santa Monica Blvd, PMB 38903, West Hollywood, CA 90069 or by emailing us at info@thisboomer.com.

‍Last Updated: Jul 24, 2024