Last updated: May 21, 2024
This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy, constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and booster and its affiliated companies, Websites, applications and tools (collectively, “booster,” “Company” or “we” or “us” or “our”), concerning your access to and use of the www.booster.club Website(s) as well as any other media form, media channel, mobile website related or connected thereto (collectively, the “Sites”). The Sites provide the following service: social network experience (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference.
Company makes no representation that the Sites are appropriate or available in other locations other than where they are operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Sites or use the Company Services.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING, REGISTERING AN ACCOUNT, AND/OR OTHERWISE ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE FOLLOWING TERMS.
THESE TERMS OF USE CONTAIN A MANDATORY AND BINDING ARBITRATION PROVISION. BY ACCESSING OR USING THE COMPANY SERVICES, AND/OR OTHERWISE REGISTERING AN ACCOUNT, YOU AGREE TO BE BOUND BY THIS PROVISION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.
PURCHASES; PAYMENT
booster may offer a free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites. If you wish to try our free options, please read through them carefully first. booster will bill you through a payment provider for our services. By using our paid options you agree to pay booster all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize booster to charge your chosen payment provider for any such purchases.
You agree to make payments using that selected payment method. If you have ordered a product or service that is subject to recurring charges, then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. booster reserves the right to correct any errors or mistakes in pricing that it makes, even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.
CANCEL SUBSCRIPTION
Users with active subscriptions can use one of the following cancellation methods:
CANCEL VIA MY SUBSCRIPTION PAGE
· Users can access the MY SUBSCRIPTIONS page by selecting the Subscription menu option. Any active subscriptions will present the CANCEL option under Action. By selecting CANCEL, you will terminate the recurring billing for the Creator selected. If you cancel a subscription, you will continue to have access to the Creator’s Content until the end of the current subscription period. After the current subscription period ends, no further payments will be processed for the subscription for the Creator the Cancel Action was executed against. ***You must apply the Cancel Action for each Creator that you wish to Cancel the subscription for.
If you have any questions, please email your inquiry to subscription-support@booster.club
REFUNDS AND RETURNS
All refunds are handled on a case by case basis.
USER REPRESENTATIONS
Regarding Your Registration
By using booster, you represent and warrant that:
1. All registration information you submit is truthful and accurate;
2. You will maintain the accuracy of such information;
3. You will keep your password confidential and will be responsible for all use of your password and account;
4. You are 18 years of age or older, and you are the owner of the documents provided as proof; and
5. Your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).
We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
Regarding Content You Provide
We may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to booster will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
1. (a) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; (b) you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize booster and the Sites’ users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement; (c) you have the written consent, release and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable person to enable inclusion and use of the Contribution in the manner contemplated by our sites; (d) your contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by booster), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule and does not violate the privacy or publicity rights of any third party;
2. your Contribution does not contain material that solicits personal information from anyone under the age of 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
3. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; and
4. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to booster an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly reform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sub-licenses of the foregoing.
The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not asset any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We will not use your Contribution in a way that infringes on your rights and always process your personal information lawfully and with your consent.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
GUIDELINES FOR REVIEWS
booster may accept, reject or remove reviews in its sole discretion. booster has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity or abusive, racist or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by booster and do not represent the views of booster or of any affiliate or partner of Company. booster does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to booster a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sub-licensee license to booster to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or booster (“Submissions”) provided by you to booster are non-confidential, and booster (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Sites for any other purpose other than that for which booster makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by booster. Prohibited activity includes, but is not limited to:
1. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites;
2. attempting to impersonate another user or person or using the username of another user for criminal or tortuous activity;
3. deciphering, de-compiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites;
4. deleting the copyright or other proprietary rights notice from any Sites’ content;
5. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools, except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses to Sites, or using or launching any unauthorized script or other software;
6. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you;
7. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites;
8. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses;
9. selling or otherwise transferring your profile;
10. systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
11. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
12. using any information obtained from the Sites in order to harass, abuse or harm another person;
13. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau; or
14. using the Sites in a manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Sites (“booster Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to booster and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. booster Content includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All booster graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of booster in the United States and/or other countries. booster trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of booster.
booster Content on the Sites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and booster Content and to download or print a copy of any portion of booster Content to which you have properly gained access solely for your personal, non-commercial use. booster reserves all rights not expressly granted to you in and to use the Sites and booster Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Sites contain (or you may be sent through the Sites or booster) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites of the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Websites or to use or install and Third Party Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and booster takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
SITE MANAGEMENT
booster reserves the right but does not have the obligation to:
1. monitor the Sites for violations of this Agreement;
2. take appropriate legal action against anyone who, in booster’s sole discretion, violates this Agreement, including, without limitation, reporting such user to law enforcement authorities;
3. in booster’s sole discretion and without limitation, refuse, restrict access to or availability of or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any booster policy;
4. in Company’s sole discretion and without limitation, notice or liability, to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to booster systems; and/or
5. otherwise manage the Sites in a manner designed to protect the rights and property of booster and others and to facilitate the proper functioning of the Sites.
COMPLAINT NOTIFICATION
If you believe anyone is violating (1) any law; or (2) participating in any illegal activity, or (3) violating the Terms of Service set by this website (www.booster.club), or (4) conducting in any inappropriate behavior that put others at risk or (5) presenting non-consensual content - we need to know about it immediately. To be clear, anyone can submit a Complaint Notification, whether you are a registered user, non-registered user, creator or an affiliate of the website.
There are multiple options for you to notify us about your concerns:
· Online – our help page allows you to submit your concerns online 24/7:
o Contact Support Page: https://booster.club/contact
· Email:
o Email Address: support@booster.club
REVIEW AND RESOLUTION TIMING
It is crucial that complaints are reported promptly for any of the violations or issues stated above. Prompt reporting will serve to enhance our ability to investigate effectively and to preserve important evidence for future proceedings. Our policy states that the website will review all reported complaints within three days and issue resolutions as it pertains to the website (www.booster.club) within seven business days. Any actions that must be performed by outside agencies may take longer to fully resolve.
Confidentiality is critical to help ensure all concerns and complaints are reviewed and investigated objectively and fairly to everyone involved. Please know that all concerns and complaints are important to us. Subject to all laws and our policies, we will keep you apprised of developments.
COMPLAINT REVIEW PROCESS
When notified of any complaint that is believed to violate any law, participate in any illegal activity, violates the Terms of Service set by this website (www.booster.club), conducting in any inappropriate behavior that puts others at risk or non-consensual content we will begin our review process within three business days, which consists of the following steps:
1. We will utilize all available resources of the website (www.domain.com) to conduct a thorough and robust investigation of the complaint presented. This includes reviewing all related media (such as pictures or videos), logs, posts, transactions and possible interviews of creators, users or affiliates of the website (www.booster.club).
2. We will issue a resolution within seven days based on the thorough review. If the review yields that the complaint is valid then we will immediately remove any media related to the complaint. If the complaint was related to behavior or activity then the user, creator, website employee or affiliate will be disciplined based on the severity of the activity or behavior. Any violations of law, non-consensual behavior, major violations of our Terms of Service or illegal activity will result in an immediate ban or termination (regarding website employees) from the website (www.booster.club). Lesser violations may result in a suspension to the user, creator or website employee or affiliate.
If the review of the submitted complaint does not yield that any laws were violated, there was no illegal activity, there were no violations of our Terms of Service set by this website (www.booster.club), there were no behaviors that presented risk to others and no non-consensual activity was present then we will document the decision and notify the submitter of the complaint.
Any disputes will prompt us to request additional evidence from the submitter to ascertain if there were any actual violations committed. If we still come to the same decision that no violations occurred, then we will use a neutral mediator to review the complaint. The website (www.booster.club) will be responsible for acquiring the neutral mediator.
NO RETALIATION
No one should be discouraged from notifying the website (www.booster.club) with any complaint or concern. If you believe that you or anyone that has submitted a complaint is receiving any type of negative treatment as a result of notifying the website (www.booster.club), please notify us using one of the methods above.
COPYRIGHT CLAIMS – DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE AND POLICY
booster respects the intellectual property rights of others. Per the DMCA, booster will respond expeditiously to claims of copyright infringement on the Site if submitted to booster’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, booster will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that content available on or through our Sites infringes one or more of your copyrights, please immediately notify our designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Sites infringes your copyright, you should consider first contacting an attorney. Our Sites have a policy of terminating repeat infringers in appropriate circumstances.
If you believe that your intellectual property rights have been violated by booster or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. An address, telephone number and email address where we can contact you and, if different, and email address where the alleged infringing party, if not booster, can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
6. Your electronic or physical signature.
booster may request additional information before removing any allegedly infringing material. In the event booster removes the allegedly infringing materials, booster will immediately notify the person responsible for posting such materials that booster removed or disabled access to the materials.
COPYRIGHT COUNTER NOTIFICATION
If your content was removed due to a copyright claim and you believe it was a mistake or a case of misidentification, you can submit a counter notification (“Copyright Counter Notification”). You must submit the following information to proceed with the Copyright Counter Notification process:
1. Full name;
2. Email address;
3. Physical address;
4. Telephone number;
5. Links to content or general content information such as creator page or URL;
6. State in your own words why you believe the removal of the content at issue was a mistake;
7. Include the following legal statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which booster is located, and will accept service of process from the claimant.”;
8. Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and
9. Physical or electronic signature of the uploader
COPYRIGHT AGENT
Pursuant to 17 U.S.C. § 512(c), booster’s designated Copyright Agent is:
Agent: Technical Director – booster
Email: ryan@booster.club
APPEALS POLICY FOR NON-CONSENSUAL CONTENT
booster respects any individual that reports any type of media, such as a post, pictures, images or videos that have been added to www.booster.club without their consent or using any non-consensual type of format. We may remove reported post, pictures, images or videos that were created, uploaded or shared without consent.
REQUIREMENTS
1. The post, picture, image or video clearly shows you or can be directly linked to you;
2. You did not consent to the post, picture, image or video, and it was made available on www.booster.club; and
3. You intended the content to be private and the post, picture, image or video was made available without your consent on www.booster.club
REQUEST TO REMOVE NON-CONSENSUAL CONTENT
If you believe content was loaded without your consent, please provide the following information to the designated Copyright Agent listed below:
1. A description of the content that you claim that has been created, uploaded or shared without consent;
2. A URL or description of where the material that has been created, uploaded or shared without consent is located on www.booster.club;
3. An address, telephone number and email address where we can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by you; and
5. Your physical or electronic signature
AFTER REQUEST TO REMOVE
1. We will notify you that your request has been received;
2. We will review the request to remove the non-consensual content based on the information you provide;
3. We may request more information, if needed. If the request does not have enough information for us to evaluate, such as missing URLs or descriptions of created, uploaded or shared content, we will share specific instructions and ask you to resubmit the request; and
4. You will be notified of actions taken. If the review yields that a violation of non-consensual material was created, uploaded or shared, you will be provided with the specific post, picture, image or video and the URL where it was located that was removed. If the request does not meet the requirements for removal, we will also include a brief explanation.
DISPUTES
If the review does not yield any violations, then any disputes will prompt us to request additional evidence from the person that submitted the non-consensual content removal request to ascertain if there were any violations committed. If we still come to the same decision that no violations occurred, then we will use a neutral mediator to review the complaint. The website (www.booster.club) will be responsible for acquiring the neutral mediator.
REPORT ABUSE
www.booster.club will comply and cooperate with Law Enforcement regarding investigations related to activity on www.booster.club.
If you suspect any type of abuse or activity outside the Terms of Use please contact our Team at support@booster.club.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or member of the Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Sites and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.
Any provision of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to this Agreement, and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
DISPUTES
Between Users
If there is a dispute between users of the Sites, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event, that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
With Company
1. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services shall be governed by and construed in accordance with the internal laws of the State of Georgia, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Fulton County, State of Georgia, and you hereby consent to, and waive all defenses and lack of personal jurisdiction and forum with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (“UCITA”) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Sites or Company Services be instituted more than two (2) years after the cause of action arose.
2. Informal Resolution. To expedite and control the cost of any dispute, controversy or claim related to the Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
3. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration (“Agreement to Arbitrate”). Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website, www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Fulton County, State of Georgia. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
4. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
5. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
6. If the Agreement to Arbitrate set forth in this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.
CORRECTIONS
Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
DISCLAIMERS
Company cannot control the nature of all of the content available on the Sites. By operating the Sites, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Sites, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Sites or Company Services.
YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
INDEMNITY
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
ELECTRONIC SIGNATURES
Users are allowed on www.booster.club to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on www.booster.club.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforce-ability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Sites and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below:
Booster Holdings Inc.
720 Huntley Dr, Apt 204
West Hollywood, CALIFORNIA UNITED STATES 90069
Contact Support Page: https://booster.club/contact