Terms Of Service
Updated: January 1, 2022
These terms of service (“Terms of Service”) are entered into between you and BoosturBusiness (“BoosturBusiness,” “we,” or “us”). The Terms of Service govern your access to and use of the BoosturBusiness website at www. BoosturBusiness.com, including any content, functionality, communication channels, software, and Services offered on or through it (the “Platform and Services”).
By using the Platform and Services, you agree to be bound and abide by these Terms of Service. BoosturBusiness may terminate your ability to use the Platform and Services without notice if you do not comply with these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the Platform and Services. You must be at least 18 years old to use the Platform and Services.
BoosturBusiness reserves the right to make changes to the Platform and Services and to these Terms of Service at any time. All changes are effective immediately when posted. Your continued use of the Platform and Services following the posting of the revised Terms of Service means that you accept and agree to the changes.
All Information BoosturBusiness collects on the Platform and Services is subject to our Privacy Notice posted on the Platform and Services. By using the Platform and Services, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms of Service. To the extent there is a conflict, these Terms of Service supersede the Privacy Notice. You agree that you will not upload any confidential or personal information onto the Platform and Services except for personal information specifically requested by BoosturBusiness pursuant to the Privacy Notice.
All Platform and Services Content (as defined below) is current as of the date it is posted on the Platform and Services to the best of BoosturBusiness’s knowledge.
As used in these Terms of Service, references to the “BoosturBusiness Team” include BoosturBusiness, our owners, assigns, subsidiaries, affiliated companies, officers, and directors, and all parties involved in creating, producing, and/or delivering the Platform and Services.
BoosturBusiness provides a multitude of product integrations and services (the “Services”) on the Platform and Services, which you may subscribe to through the Platform and Services. All references to the Platform and Services include the Services. All Services are subject to these Terms of Service as well as the additional provisions below. The terms in these Terms of Service govern to the extent there is a direct conflict between the additional terms linked below and these Terms of Service.
a. Right to Modify the Services. We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.
b. No Contingency on Further Releases and Improvements. You understand that your purchase of Services on or through the Platform and Services is not contingent on the delivery by us of any future release of any functionality or feature, including but not limited to the continuation of a certain Service beyond its current subscription term, or any third-party services.
c. As-Is. The Platform and Services is provided on an as-is basis as further described in Section 21, except as expressly provided otherwise in this Agreement.
d. Features. Features and terms used in connection with the Platform and Services and Services such as “power dialer” may have some resemblance to those provided by others, but our Platform and Services features and terms are specific to our Platform and Services.
e. Additional Terms. Additional terms may apply to specific services and programs offered by BoosturBusiness on the Platform and Services. To the extent there is a conflict, these Terms of Service will take precedence. The terms for the BoosturBusiness affiliate program are available here: https://www. BoosturBusiness.com/affiliate-policy.
3. Intellectual Property
The Platform and Services and its entire content, data, features, Services, and functionality (including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform and Services) (“Platform and Services Content”) are the property of BoosturBusiness or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform and Services Content does not include User Contribution(s), as defined below.
The BoosturBusiness name and related logos are trademarks and service marks (“Marks”) of BoosturBusiness. BoosturBusiness Marks may not be used without advance written permission of BoosturBusiness, including in connection with any product or service that is not provided by BoosturBusiness, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents BoosturBusiness. Other products or company names mentioned on the Platform and Services may be trademarks or service marks of their respective owners.
A third-party website may feature our logos or trademarks, with or without authorization. Our logos or trademarks featured in any third-party website do not constitute or imply any approval, sponsorship, or endorsement of BoosturBusiness.
If you believe that any content on the Platform and Services violates your intellectual property rights, please notify BoosturBusiness as described in Sections 18 and 31.
4. Limited License and Prohibited Uses
BoosturBusiness grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform and Services Content while using the Platform and Services. Except to make the Services available to you and your end users, as expressly permitted under these Terms of Service, any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform and Services Content without prior permission of BoosturBusiness is strictly prohibited. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform and Services Content.
You, your employees, and your end user clients (“Clients”) may use the Platform and Services only for lawful purposes and in accordance with these Terms of Service. You agree that you, your employees, and your clients will not:
Use the Platform and Services or any Services in any way that violates any applicable law or regulation. Use the Platform and Services or any Services for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way. Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service. Transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. Impersonate or attempt to impersonate BoosturBusiness, a BoosturBusiness employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform and Services or any Services, or which, as determined by BoosturBusiness, may harm BoosturBusiness or users of the Platform and Services or expose them to liability. Use the Platform and Services or any Services in any manner that could disable, overburden, damage, or impair the Platform and Services or interfere with any other party's use of the Platform and Services, including their ability to engage in real time activities through the Platform and Services. Use any robot, spider or other automatic device, process or means to access the Platform and Services for any purpose, including monitoring or copying any of the material on the Platform and Services. Use any manual process to monitor or copy any of the material on the Platform and Services or for any other unauthorized purpose without BoosturBusiness’s prior written consent. Use any device, software or routine that interferes with the proper working of the Platform and Services or any Services. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform and Services, the server on which the Platform and Services is stored, any server, computer, or database connected to the Platform and Services, or any Services. Attack the Platform and Services via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Platform and Services or any Services.
5. Customer/End User Conduct
In connection with your use of the Platform and Services or Services, you agree that:
You, your employees, agents, and Clients will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms of Service. You are fully responsible for your actions and the actions of your employees, agents, and Clients with respect to use of the Platform and Services. You are fully responsible for the use of the Services by your Clients. BoosturBusiness’s agreement is with you, not your clients. You, your employees, agents and Clients will not misrepresent the Services. You will provide these Terms of Service to your employees, agents, and Clients and confirm that all employees, agents, and Clients understand that they are subject to these Terms of Service if they use or offer the Services. You own or control all rights in and to all content you provide to BoosturBusiness. You will be solely responsible for all your use of the Platform and Services, including the quality and integrity of any data and other information made available to us by or for you through the use of the Services under these Terms of Service and each Service that you make available to your clients. You have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your client’s data to us for use and disclosure in accordance with these Terms of Service and our Privacy Notice. You, your employees, and your clients will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.
6. Your Use of Communications Features of the Services
BoosturBusiness is the provider of Services for your use, which may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. You agree that:
You are exclusively responsible for all communications sent using the Services, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act, and you agree that you understand and will comply with those laws. You understand that your use of the Services may violate applicable laws if you do not comply with them. BoosturBusiness is not responsible for your compliance with laws and does not represent that your use of the Services will comply with any laws. You should consult a lawyer for legal advice to ensure your communications comply with applicable law. BoosturBusiness is a marketing firm with a number of technology Platform and Services communication service application provider only. BoosturBusiness does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You, not BoosturBusiness, are the maker or initiator of any communications. You control the message, timing, sending, fraud prevention, and call blocking. The Service is purely reactive and sends messages only as arranged and proscribed by you. All communications, whether, without limitation, SMS, MMS or email, are created by and initiated by you and/or your clients, whether generated by you or sent automatically via the Services at your direction. Any customer data provided to BoosturBusiness through any means, including without limitation, by inbound text, data imports, tablet sign-ins, API calls or manual entry, only includes data from individuals who have explicitly opted into your communications program and have explicitly agreed to receive your communications (whether by SMS, MMS, email, voice communication or other method) in accordance with applicable law, including without limitation the TCPA.
a. Fees. If you choose to purchase one or more of the Services provided on the Platform and Services, you agree to pay all fees (“Fees”) associated with the Services. Our monthly subscription provides tiered pricing for different levels of Services and products based on the Services you choose to use. In addition to our monthly subscription Services, you may purchase add-in Services for a one-time Fee or recurring subscription Fees. Fees may change from time to time. All Fees are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”). You will pay all Communications Surcharges associated with your use of the Services. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. There are no refunds as services are rendered.
b. Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of Service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 10 days of the change.
If you are passing the obligation to pay Platform and Services-related Fees to your Clients, you are solely responsible for all related transactions, including but not limited to refunds and charge backs of such Fees that are passed on. BoosturBusiness is not responsible for resolving issues related to costs passed on to your clients. Any fees passed on to Clients or other third parties must be amounts charged by BoosturBusiness, without increase or markup.
c. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform and Services, including all Taxes associated with the Services you order and any transactions you conduct with your clients. BoosturBusiness may collect Taxes from you as part of the Fees as it deems appropriate, and all BoosturBusiness determinations regarding what Taxes to collect are final. BoosturBusiness may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify BoosturBusiness for all Claims related to Taxes that are associated with your activities on the Platform and Services, including any Taxes related to your transactions with your Clients, as described in Section 22. Taxes, like all Fees, are nonrefundable.
d. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
e. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced charges that you wish to dispute. You must pay all invoiced charges while the dispute is pending, or you waive the right to pursue the dispute. Where you are disputing any fees, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All BoosturBusiness determinations regarding your obligation to pay invoiced charges are final.
f. No Refunds. Except as described below, all Fees assessed by BoosturBusiness are non-refundable, and BoosturBusiness does not provide Fee refunds or credits for partially used or unused subscriptions. If you sign up for a Service subscription but do not access the Service or Platform and Services, you are still responsible for all Fees during the term of your subscription. If BoosturBusiness chooses at its sole discretion to issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
We reserve the right to issue refunds or credits at our sole discretion in the following situations:
1. Where we materially modify these Terms of Service or Privacy Notice during a billing period and such modification adversely affects you, we may refund a portion of your subscription Fee equal to the remaining unused term, as we determine appropriate or as may be required by applicable law. To be eligible for a refund, you must provide written notice that (a) identifies your account and (b) requests cancellation of the specific Service. The cancellation will be effective upon our receipt of your notice and our determination that you are authorized to affect such cancellation. Please refer to the “Communications and Contact Information” section below on how to provide notice to us.
2. Where a modification or interruption of Services adversely affects you and alternative remedies, as specified in these Terms of Service, are not available, we may refund a portion of your paid subscription Fee equal to the remaining unused term of your subscription, as we determine appropriate or as may be required by applicable law.
8. Excessive Data Usage
Your excessive data use may cause the Service to be slow or unavailable. We have no liability for the effect that your excessive data use may have on Service performance. We may (1) suspend or terminate your use of the Service or (2) reduce the amount of data you are able to use, with or without advance notice, if we determine in our sole discretion that your data use is excessive, abusive or has a negative effect on the Services in any way.
We provide the Service on a tiered-pricing basis, and some tiers can process more data with less impact on Service performance. Contact us if you would like more information about pricing for data usage that may be more appropriate for your needs.
BoosturBusiness may offer training to you related to how to use the Services. All training and associated information conveyed as part of it (“Training”) is as-is, with no warranty, as explained further in Section 21 (Disclaimer). You know your own situation and your clients, and you alone are responsible for how and whether you adopt any strategies learned through Training. BoosturBusiness makes no guarantees that Training will produce any particular outcome, and Training may in rare cases be counterproductive depending on your situation.
10. Data Stored on Our Servers
Subject to our Privacy Notice, you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Platform and Services. You acknowledge that we reserve the right to remove or terminate accounts that have not paid a subscription Fee, that remain inactive for longer than one (1) year, or that have violated one or more terms of this Agreement.
11. Account Registration
To access portions of the Platform and Services or to register for or use the Services, you will be asked to provide registration details or other Information. It is a condition of your use of the Platform and Services that all Information you provide is complete, current, and accurate. All Information you provide to register with the Platform and Services, complete a transaction through the Platform and Services, or otherwise is governed by our Privacy Notice, and you consent to all actions BoosturBusiness takes with respect to your Information consistent with our Privacy Notice.
12. Use and Protection of Login Credentials
You are responsible for maintaining the confidentiality of your username and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify BoosturBusiness immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. BoosturBusiness reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in BoosturBusiness’s opinion, you have violated any provision of these Terms of Service. User accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Platform and Services with his or her password.
13. User Contributions
To ask questions about this Privacy Notice and our privacy practices, contact us at [email protected] by mail at:
ATTN: Legal Department
2221 SW Whitemarsh Way
Palm City, Fl 34990
EFFECTIVE DATE: January 1, 2022
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, the BoosturBusiness Team, and our service providers, and each of their licensees, successors, and assigns. All of your User Contributions do and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contribution you submit or contribute, and you, not BoosturBusiness, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
By posting information on the Platform and Services, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Platform and Services, you agree that you will not post comments, messages, links, code, or other information that:
Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; or breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Platform and Services, or attempts to gain access to other network or server via your account on this Platform and Services.
We are not responsible or liable to any third party for the content or accuracy of any User Contribution posted by you or any other user of the Platform and Services, nor do we endorse the User Contribution of third parties. Further, we are not responsible for any failure or delay in removing such postings. While we do not monitor User Contributions, at our sole discretion, BoosturBusiness may choose to unpublish or otherwise make not available for public viewing any material we deem unnecessary or inappropriate for use on our Platform and Services.
From time to time, this Platform and Services may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Platform and Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You will ensure that these activities comply with all relevant laws.
15. Content You Create
You own and retain all ownership rights to your data and User Contributions uploaded to the Service (“Your Data”). You grant us, the BoosturBusiness Team, and our service providers the right to use Your Data as necessary to provide the Services to you and as permitted by these Terms of Service and our Privacy Notice. You also grant BoosturBusiness the right to use Your Data to improve the Service, develop new services, and for other BoosturBusiness business purposes, subject to BoosturBusiness’s obligation to maintain the confidentiality of Your Data. If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we acquire no right, title or interest from you or your licensors under these Terms of Service.
Submission of Ideas. The Platform and Services may include a Platform and Services through which users may submit ideas in connection with new products, Services and/or related features (each, an “Idea”). By submitting an Idea to BoosturBusiness, you agree to the following unless we have mutually agreed in writing otherwise:
You are submitting your Idea to BoosturBusiness on a voluntary, non-confidential, and gratuitous basis. You grant BoosturBusiness and its designees a perpetual, irrevocable, non-exclusive, fully paid up and royalty-free license to use any Idea you submit to BoosturBusiness without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of BoosturBusiness or its designees throughout the universe in perpetuity in all media now or hereafter known. BoosturBusiness may already be working on the same or a similar Idea, or it may have received a similar or identical idea from other sources. The Idea represents your own original work, you have all necessary rights to disclose the Idea to BoosturBusiness, and neither your disclosure of the Idea nor BoosturBusiness's review and/or use of the Idea will infringe upon the rights of any other individual or entity. Disclosing your Idea to BoosturBusiness does not establish a confidential relationship or obligate BoosturBusiness to treat the Idea as confidential. BoosturBusiness has no obligation to develop or use your idea and does not owe you or anyone else any compensation for any use of your idea or any Ideas that are related to or derived from your idea. BoosturBusiness assumes no obligation with respect to any Idea unless and until it enters a written contract with you, and then only as expressed in such written contract. If your idea is the subject of a patent that is pending or has been issued, you have or will disclose that fact to BoosturBusiness. BoosturBusiness acknowledges that to the extent you hold a patent in the Idea, no license under any patent is granted to BoosturBusiness. Any license to use a patented Idea shall be in the form of a written contract, and BoosturBusiness's obligations shall be limited to only those in such written contract. BoosturBusiness is not obligated to review your idea, give reasons for rejecting your idea, or disclose any activities that are related to the subject matter of your idea. You will not construe BoosturBusiness's review of your idea, or any discussion, negotiations or offer between yourself and BoosturBusiness relating to the possible purchase or license of your idea, as recognition of the novelty, originality, priority, other rights, or value of your idea, and BoosturBusiness's discussions or negotiations with you will not in any way impair BoosturBusiness's right to contest the validity or infringement of your rights. You hereby irrevocably release and forever discharge BoosturBusiness and the BoosturBusiness Team from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against BoosturBusiness or the BoosturBusiness Team with respect to the Idea, including without limitation in respect of how BoosturBusiness directly or indirectly uses the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement; and You agree that you are responsible for the content of the Idea and further agree (at BoosturBusiness's option and at your sole expense) to defend, indemnify, and hold BoosturBusiness harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which BoosturBusiness or the BoosturBusiness Team may incur as a result of use of your Idea in accordance with these Terms of Service.
16. Copyright; Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [email protected] (Subject line: “DMCA Takedown Request”) and mailed to the designated copyright agent address below.
Our designated copyright agent to receive DMCA Notices is:
ATTN: Copyright Agent
2221 SW Whitemarsh Way
Palm City, Fl 34990
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. a description of the copyrighted work or other intellectual property that you claim has been infringed. a description of where the material that you claim is infringing is located on the Platform and Services, with enough detail that we may locate it. your address, telephone number, and email address. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
your physical or electronic signature. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled. a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we will send a copy of the counter-notice to the original complaining party, informing that person that BoosturBusiness may repost the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
We may, at our sole discretion, limit access to the Platform and Services and/or terminate the account of any user who infringes any intellectual property rights of others.
17. Third Party Content
This Platform and Services may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of BoosturBusiness. BoosturBusiness is not responsible for the content or accuracy of any materials provided by any third parties.
18. Links to Other Web Sites
BoosturBusiness may provide links to external web sites for the convenience of Platform and Services users. The inclusion of an external link on this Platform and Services does not constitute or imply support or endorsement of any kind. BoosturBusiness does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third-party sites linked to this Platform and Services, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such sites.
THE PLATFORM AND SERVICES AND THE SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM AND SERVICES, PLATFORM AND SERVICES CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM AND SERVICES CONTENT, SERVICES OR PLATFORM AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PLATFORM AND SERVICES CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM AND SERVICES, FROM US OR THE BOOSTURBUSINESS TEAM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE WE ARE NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.
THIS PLATFORM AND SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PLATFORM AND SERVICES CONTENT AND SERVICES ON OR THROUGH THE PLATFORM AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE ON THE PLATFORM AND SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE PLATFORM AND SERVICES, THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR PLATFORM AND SERVICES CONTENT THROUGH THE PLATFORM AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Platform and Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by YOUR OR any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are solely between the seller OR PURCHASER of such merchandise OR SERVICE and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE PLATFORM AND SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM AND SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR THE BOOSTURBUSINESS TEAM.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM AND SERVICES, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM AND SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION
20. Limitation of Liability, Indemnification, and Mitigation
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Service and your use of the Platform and Services or the Services shall be limited to the amount you paid us for Services purchased on the Platform and Services during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL BOOSTURBUSINESS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM AND SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM AND SERVICES.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM AND SERVICES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless BoosturBusiness and the BoosturBusiness Team against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform and Services or Services (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or Clients; (b) any breach of or default under these Terms of Service by you, your employees, agents, or Clients; (c) the wrongful use or possession of any BoosturBusiness property by you, your employees, agents, or Clients; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or Clients; (e) misrepresentations by you, your employees, agents, or Clients (f) violation(s) of applicable law by you, your employees, agents, or Clients, (g) your actions and the actions of your employees, agents, or Clients; (h) the acts or omissions of you, your employees, agents, or Clients in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users, (2) you and your Client(s), and/or (3) your Clients.
If any of the Services or Platform and Services are, or in our opinion are likely to be, claimed to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Services and Platform and Services as contemplated by these Terms of Service; (b) modify or replace the Services or Platform and Services, in whole or in part, to seek to make the Services or Platform and Services non-infringing; or (c) require you to immediately cease any use of the Services and Platform and Services, including but not limited to the BoosturBusiness Platform and Services.
21. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE PRIVACY NOTICE, OR THE PLATFORM AND SERVICES MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
22. Injunctive Relief
You agree that a breach of these Terms of Service will cause irreparable injury to BoosturBusiness for which monetary damages would not be an adequate remedy and BoosturBusiness shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
23. Waiver and Severability
No waiver by BoosturBusiness of a term or condition set forth in these Terms of Service shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of BoosturBusiness to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
24. Entire Agreement
Except as noted below, these Terms of Service and our Privacy Notice constitute the sole and entire agreement between you and BoosturBusiness with respect to the Platform and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform and Services. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s).
BoosturBusiness may enter into a separate agreement with you. The terms of any separate agreement between you and BoosturBusiness will be considered a part of your entire agreement with BoosturBusiness. To the extent there is a conflict between these Terms of Service and the terms of your separate agreement with BoosturBusiness, your separate agreement with BoosturBusiness will control.
25. Term and Termination
These Terms of Service will remain in full force and effect while you use the Platform and Services or subscribe to any Services. Even after you are no longer a user of the Platform and Services, those provisions of these Terms of Service that by their nature are intended to survive will remain binding on you, including but not limited to Sections 3, 7, 11, 14, 17, and 21 to 31 and the Privacy Notice.
a. Grounds for Termination. You agree that BoosturBusiness, in its sole discretion, may suspend or terminate your access to the Platform and Services (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform and Services, and reporting you to the proper authorities, if necessary.
b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Platform and Services will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your access to the Platform and Services or make adjustments, BoosturBusiness requires written notice at least 30 days before your next billing date.
e. No Termination by Third Party Users. BoosturBusiness has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform and Services by any party other than BoosturBusiness, must contact the party who originally provided access to the Platform and Services for any inquiries related to termination.
26. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Texas will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms of Service shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Dallas, Texas. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
27. No Bug Bounties
BoosturBusiness does not have a bug bounty program and does not pay bug bounties. BoosturBusiness prohibits any third-party access to the Platform and Services or any BoosturBusiness systems or networks, including any network penetration testing, security assessment or probing, except as expressly permitted by this Agreement or as agreed to by BoosturBusiness in a separate agreement.
a. Your Privacy Obligations. When you provide access to the Platform and Services to any other parties, i.e., your client(s), you must implement and enforce your own privacy notice, providing the level of protection at least equal to that provided to you by BoosturBusiness. You must obtain consent from your client(s), affirmatively acknowledging that your client(s) agree(s) to be bound by your privacy notice.
b. International Use. Although the Platform and Services may be accessible worldwide, we make no representation that materials on the Platform and Services are appropriate or available for use in locations outside the United States. Those who choose to access the Platform and Services from other locations do so on their own initiative and at their own risk. If you choose to access the Platform and Services from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform and Services is void where prohibited.
c. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and/or Services available through the Platform and Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
d. How to send Notices to BoosturBusiness. All notices to a party shall be in writing and shall be made via email. Notices to BoosturBusiness must be sent to the attention of Customer Service at [email protected] You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.
29. Communications and Contact Information
For all other feedback, comments, requests for technical support, and other communications relating to the Platform and Services, these Terms of Service, and the Privacy Notice, please contact us at [email protected] or by mail at:
ATTN: Legal Department
2221 SW Whitemarsh Way
Palm City, Fl 34990
EFFECTIVE DATE: January 1, 2022