TERMS OF SERVICE
Please read carefully the following provisions of these Terms of Service (this “Agreement” or “Terms of Service”). This is a legal agreement between you and BoostingExperts platform, located at www.BoostingExperts.com, all affiliated websites, including mobile websites and applications, owned and operated by us, or our predecessors or successors in interest (collectively, the “Site”), all services, applications, and products that are accessible through the Site and all our mobile applications that link to or reference this Agreement (collectively, the “BoostingExperts Services”).
BoostingExperts provides a marketplace where the individuals (the “Clients”) who seek to acquire in-game training and assistance (the “Services”) and professional players and experts (the “Service Providers”) who seek to offer such Services can identify each other and engage with each other for the provision of the Services. Through the BoostingExperts Services, BoostingExperts facilitates the provision of Services to the Clients and Service Providers (collectively, the “Users”), but does not act as a party to the provision of the Services or the Contract (as defined below). If Clients agree on terms for the Services, a service contract (a “Contract”) is formed directly between such Clients, subject to the provisions set forth in Section 4 of this Agreement.
ACCEPTANCE OF TERMS OF SERVICE
By registering for an account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (The E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgment that you are able to electronically receive, download, and print this Agreement and any amendments.
CHANGE IN THE TERMS OF SERVICE
We reserve the right at all times to discontinue or modify any part of these Terms of Service as we deem necessary or desirable. We suggest that you revisit our Terms of Service from time to time to ensure that you stay informed of any such changes to the BoostingExperts Services. We will provide reasonable notice before any amendment to these Terms of Service that includes a material change to these Terms of Service. Your continued use of the BoostingExperts Services after we update these Terms of Service will constitute acceptance of the modified Terms of Service. We also reserve the right to change or discontinue any aspect or feature of the BoostingExperts Services including, but not limited to, requirements for access or use. Any revisions to the Terms of Service will take effect on the noted effective date.
OWNERSHIP OF THE BOOSTINGEXPERTS SERVICES
As between you and us, you own Your Content (as defined below). We own BoostingExperts Services content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, mobile applications, aggregate user review ratings, and all other elements and components of the BoostingExperts Services excluding Your Content, other user Content and any other content posted on the BoostingExperts Services (collectively, “BoostingExperts Content”). We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with our Content and the BoostingExperts Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the BoostingExperts Services are retained by us.
For purposes of these Terms of Service, the term “Your Content” means any information, messages, images, photos, videos, files, personal or technical data, or any other type of information that you transmit or post through the BoostingExperts Services.
USING THE BOOSTINGEXPERTS SERVICES
To access or use the BoostingExperts Services and to create an Account, you must be, and hereby represent that you are, an individual 13 years or older who can form legally binding contracts. If you are between the ages of 13 and the age of majority where you live, you must review these Terms of Service with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. You may not access or use the BoostingExperts Services if you are a competitor of BoostingExperts or if we have previously banned you from the BoostingExperts Services or closed your account.
The BoostingExperts Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use the BoostingExperts Services. If you are a Service Provider, you represent and warrant that you use your Account to market your business to others for the purpose of entering into independent contractor relationships with other Users of the BoostingExperts Services. You agree to provide true, accurate, and complete information on your Account and all registration and other forms you access through the BoostingExperts Services or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You may not impersonate any other person or use a name that is not your own.
You may only have one BoostingExperts account for use of the BoostingExperts Services. You may not create or use more than one account, and you may not share your account or any of the BoostingExperts Services with others.
We reserve the right, in our sole discretion, to refuse, suspend, or revoke your access to the BoostingExperts Services if we learn that any information you provided on any form or posted through the BoostingExperts Services is not true, accurate, or complete, or such information or other conduct otherwise violates the BoostingExperts Terms of Service, or for any other reason or no reason in our sole discretion. When you create an Account and from time to time thereafter, your Account will be subject to verification of your identity and any information that you had provided to us; and you authorize BoostingExperts, directly or through third parties, to make any inquiries necessary to validate the foregoing, subject to applicable law.
Each User is responsible for maintaining the confidentiality of such User’s Account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your Account. You agree not to use the account, username, or password of another user of BoostingExperts Services, nor to disclose your password to any third party.
The BoostingExperts Services is available through Facebook, Twitter, and Google services, which requires an active account with the applicable service, and you hereby represent and warrant that you have read and agreed to be bound by all applicable policies governing the use of such service and will act in accordance with those policies, in addition to your obligations under these Terms of Service. If you sign into BoostingExperts Services through Facebook, Twitter, or Google service, you will provide your account credentials with such service to BoostingExperts, and you are consenting to have the information in that account transmitted into your BoostingExperts account, and you agree that you shall only use the accounts owned by you, and not by any other person or entity.
4. Relationship between Service Provider and Client
Service Provider and Client enter into a contract to perform specific Services when Client accepts Service Provider’s offer through the BoostingExperts Services. You acknowledge and agree that BoostingExperts is not a party to any contract and that the formation of a Contract between Users will not, under any circumstance, create an employment or other service relationship between BoostingExperts and any User.
b. Provision of Services.
Service Provider will perform the Services in a timely, professional, and workmanlike manner. The manner and means of performing the Services will be determined and controlled solely by Service Provider, which is engaged by Client as an independent contractor. To the extent that Service Provider uses other parties (individuals or entities) (“Assistants”) to perform the Services, Service Provider agrees and acknowledges that:
Assistants are not employees, independent contractors, or agents of BoostingExperts or Client;
Service Provider is solely responsible for all payments, obligations, wages, costs, unemployment insurance, workers’ compensation insurance, contributions, and expenses of Assistants;
Neither BoostingExperts nor Client has the right or power to supervise or control Assistants;
No Assistant will have any claim under the Terms of Service for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, contributions, or any other employee benefits of any kind from BoostingExperts or Client;
In case the Assistant is involved in the provision of Service, he bears the same responsibility and must stick to the same restrictions as the Service Provider.
c. Termination of Contracts.
Once a Client’s Payment Method has been charged to fund the Holding Account for the Contract, absent a full refund to Client by Service Provider, the Contract does not terminate until the Services are completed. However, either Client or Service Provider has the right to terminate a Contract at any time with the consent of the other party or in the event of a material breach by the other party.
5. Payment Terms
a. Client/Service Provider Accounts.
After Client has made a purchase and transferred money to the BoostingExperts account, BoostingExperts will establish and maintain a “Client Account” to hold funds for the Client to use to make payments pursuant to Contracts and pay service fees to BoostingExperts.
After Service Provider registers an Account and provides Payment Method, BoostingExperts will establish and maintain a “Service Provider Account” for the Service Provider to receive payments under Contracts, withdraw payments, and pay any ancillary service fees and pay service fees to BoostingExperts.
b. Funding Client Holding Account.
When Client and Service Provider enter into a Contract, Client authorizes BoostingExperts to charge Client’s Payment Method in the amount agreed between Client and Service Provider pursuant to a particular Contract (the “Contract Fees”). Both Client and Service Provider authorize BoostingExperts to establish and maintain a Holding Account to receive, hold, and release Contract Fees (the “Holding Account”). Each of Service Provider and Client agrees that it is not entitled to nor will receive interest or other earnings on the funds held in the Holding Account prior to disbursement to Service Provider.
Client and Service Provider irrevocably authorize and instruct BoostingExperts to release applicable portions of the Holding Account (each portion, a “Release”) to the Service Provider Holding Account or Client Holding Account, as applicable upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise permitted by applicable law and by BoostingExperts internal procedures.
Client and Service Provider irrevocably authorize BoostingExperts to release applicable portions of Contract Fees (each portion, a “Release”) to the Service Provider Holding Account or Client Holding Account, as applicable, via the BoostingExperts Services, upon the occurrence of and in accordance with one or more Release Conditions provided below.
Client and Service Provider are encouraged to come to a mutual agreement if refunds or cancellations are necessary. If Service Provider wants to terminate a Contract, Service Provider must instruct BoostingExperts to close the Contract. When Service Provider instructs BoostingExperts to terminate the Contract, Service Provider and Client agree that BoostingExperts is authorized and irrevocably instructed to immediately release to Client all funds held by BoostingExperts associated with the Contract.
If Client wants to terminate a Contract, Client must instruct BoostingExperts to close the Contract. Service Provider must either approve or dispute the Client’s cancellation within 5 days. If Service Provider approves the termination, Service Provider and Client agree that BoostingExperts is authorized and irrevocably instructed to immediately release to Client funds held by BoostingExperts associated with the Contract. If Service Provider takes no action within 5 days from the date Service Provider was notified of the cancellation, Service Provider and Client agree that BoostingExperts is authorized and irrevocably instructed to immediately release to Client funds held by BoostingExperts associated with the Contract. If Service Provider disputes the cancellation, the Dispute will be resolved pursuant to Section E(c)(iv).
The share of funds to be returned to the Client is determined as follows:
100% is returned in case the provision of Services has not started and the Service Provider was not assigned to the order;
90% in case the provision of Services has not started or progress in immaterial and the Service provider was assigned to the order;
Share of the refund amount is calculated on a pro-rata basis in case the material volume of Services was provided by the Service provider.
As used herein, “Release Condition” means any of the following:
Client directs BoostingExperts to release funds to Service Provider.
Client and Service Provider have submitted joint written instructions for a Release.
Client and Service Provider agree to terminate the Contract.
Client or Service Provider has failed timely to respond to the BoostingExperts Dispute resolution notification pursuant to Section E(c)(iv).
Submittal of the final binding decision of BoostingExperts pursuant to Section E(c)(iv).
Dispute Resolution Program. If Client and Service Provider fails to come to a mutual resolution by way of the Refund and Cancellation process as stated in Section E(c)(ii), BoostingExperts will review the Dispute and propose a binding resolution.
Either Client or Service Provider may institute a request for Dispute resolution through the BoostingExperts Services. Any such request must be made not later than 30 days after the last provision of Services under a Contract. “Dispute” means a dispute between a Client and Service Provider concerning a Contract.
BoostingExperts will notify Client and Service Provider by providing a notice of Dispute along with a request for information and supporting documentation (if any).
If either Client and Service Provider responds to the notice of Dispute and request for information, then BoostingExperts will review the documentation submitted and any information available through the BoostingExperts that pertains to the Dispute. After review, BoostingExperts will propose a binding resolution based on the results of the review. You agree that BoostingExperts is authorized to decide the Dispute within its discretion. You agree that BoostingExperts decision is final, that it may be entered in and enforced by any court of competent jurisdiction, you agree that BoostingExperts is authorized and irrevocably instructed to immediately release any funds held by BoostingExperts in accordance with its decision.
d. BoostingExperts Right to Suspend Disbursements.
Notwithstanding any other provision of the Terms of Service, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the Terms of Service, or if we required additional information, or suspect fraud, we may hold the disbursement of Contract Fees.
e. Non-payment by Client.
If Client fails to pay the Contract Fees, whether by canceling Client’s credit or debit card, initiating an improper chargeback, or any other means, we may suspend or close Client’s Account and revoke Client’s access to the BoostingExperts Services, and to seek all available remedies under the law. If BoostingExperts is required to pursue legal action against a User, BoostingExperts shall also be entitled to reimbursement of attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Service Provider will be solely responsible for determining whether: (a) Service Provider or BoostingExperts is required by the applicable law to remit to the appropriate authorities any value-added tax or any other taxes or similar charges applicable to the Contract and remitting any such taxes or charges to the appropriate authorities on behalf of itself or BoostingExperts, as appropriate; and (b) BoostingExperts is required by the applicable law to withhold any amount of the Payment and for notifying BoostingExperts of any such requirement and indemnifying BoostingExperts for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). To the extent required by applicable law, BoostingExperts will provide required tax forms to Clients and Providers, as applicable.
g. Service Fees.
The fees to use the BoostingExperts Services are paid solely by the Clients. When a Client pays a Service Provider, or when funds related to a Contract are otherwise released to a Service Provider, BoostingExperts will automatically deduct the BoostingExperts service fee from Contract Fees (the “Service Fee”).
h. Payment Methods.
For purposes of this Agreement, Payment Method means a valid credit card issued by a bank acceptable to BoostingExperts, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as BoostingExperts may accept from time to time in our sole discretion.
User hereby authorizes BoostingExperts to run credit card authorizations on all credit cards provided by User, to store credit card and banking or other financial details as User’s Payment Method, and to charge User’s credit card (or any other Payment Method).
When Client authorizes the payment of Contract Fee, Client automatically and irrevocably authorizes and instructs BoostingExperts to charge Client’s Payment Method for the Contract Fees.
By providing Payment Method information through the BoostingExperts Services, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the BoostingExperts Services, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
i. Purchase by installments.
The Client may purchase BoostingExperts services by installments and pay according to the payment plan terms offered by BoostingExperts. The possible number of open (not fully repaid) payment plans per Client is limited. The client must not have more than 2 open installment plans. In case the Client has already had more than or equal to 2 open payment plans and has not had defaulted installments before, BoostingExperts will not process the order, but will refund the down payment of the new installment plan. However, if the Client has already defaulted before, the down payment will be used to cover his/or her defaulted installment plans balance.
6. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the BoostingExperts.
You agree not to transmit Your Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (xix) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; (ix) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) includes a photograph or video of another person that you have posted without that person’s consent.
You agree that Your Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right but are not obligated, to reject and/or remove any of Your Content that we believe, in our sole discretion, violates these provisions. For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree that you will not use your access to the BoostingExperts Services for any unfair advantage or cheating in any games you play with third parties. You agree that the BoostingExperts Services are intended solely to improve your skills as a player.
You further agree that you will not use the BoostingExperts Services to collect Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their Content.
We take no responsibility and assume no liability for any of Your Content that you or any other User or third-party posts or sends over the BoostingExperts Services. You shall be solely responsible for Your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of any Content posted on the BoostingExperts Services.
7. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the BoostingExperts Services and any Other Media the right to access Your Content in connection with their use of the BoostingExperts Services and any Other Media. You agree that Your Content will be treated as non-confidential and non-proprietary and will not be returned. You further agree and acknowledge that your relationship with BoostingExperts is not a confidential, fiduciary, or other types of the special relationship and that none of Your Content will be subject to any obligation of confidence on the part of BoostingExperts. Finally, you irrevocably waive and cause to be waived, against us and our Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
We are under no obligation to enforce the Terms of Service on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the BoostingExperts Services to:
* Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
* Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
* Use the BoostingExperts Services for commercial purposes, except as expressly permitted by these Terms of Service;
* Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the BoostingExperts Services’ search results or any third-party website;
* Solicit personal information from minors, or submit or transmit pornography; or
* Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
* Violate the Terms of Service;
* Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the BoostingExperts Services or any Content posted on the BoostingExperts Services (other than Your Content), except as expressly authorized by us;
* Use any robot, spider, site search/retrieval application, or another automated device, process or means to access, retrieve, scrape, or index any portion of the BoostingExperts Services or any Content posted on the BoostingExperts Services;
* Reverse engineer any portion of the BoostingExperts Services;
* Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the BoostingExperts Services or on any materials printed or copied from the BoostingExperts Services;
* Record, process, or mine information about other users;
* Access, retrieve or index any portion of the BoostingExperts Services for purposes of constructing or populating a searchable database of Business reviews;
* Reformat or frame any portion of the BoostingExperts Services;
* Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the BoostingExperts Services;
* Attempt to gain unauthorized access to the BoostingExperts Services, user accounts, computer systems or networks connected to the BoostingExperts Services through hacking, password mining or any other means;
* Use the BoostingExperts Services or any Content posted on the BoostingExperts Services to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature (collectively, “Viruses”);
* Use any device, software or routine that interferes with the proper working of the BoostingExperts Services, or otherwise attempt to interfere with the proper working of the BoostingExperts Services;
* Use the BoostingExperts Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the BoostingExperts Services or Content posted on the BoostingExperts Services;
* Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the BoostingExperts Services, features that prevent or restrict the use or copying of Content posted on the BoostingExperts Services, or features that enforce limitations on the use of the BoostingExperts Services; or
5. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BOOSTINGEXPERTS AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND LICENSORS (COLLECTIVELY, THE “BOOSTINGEXPERTS ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE BOOSTINGEXPERTS SERVICES IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE BOOSTINGEXPERTS SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE BOOSTINGEXPERTS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BOOSTINGEXPERTS SERVICES, ITS SAFETY OR SECURITY, OR THE BOOSTINGEXPERTS SERVICES CONTENT. ACCORDINGLY, THE BOOSTINGEXPERTS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE.
THE BOOSTINGEXPERTS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD-PARTY, SUCH AS THE SERVICE PROVIDERS LISTED ON THE BOOSTINGEXPERTS SERVICES OR THE BOOSTINGEXPERTS SERVICES’ USERS. ACCORDINGLY, THE BOOSTINGEXPERTS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE USERS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE BOOSTINGEXPERTS SERVICES IS AT YOUR OWN DISCRETION AND RISK.
THE BOOSTINGEXPERTS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE BOOSTINGEXPERTS SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BOOSTINGEXPERTS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE BOOSTINGEXPERTS SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE BOOSTINGEXPERTS SERVICES.
THE BOOSTINGEXPERTS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE BOOSTINGEXPERTS SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BOOSTINGEXPERTS ENTITIES IN CONNECTION WITH THE BOOSTINGEXPERTS SERVICES IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE BOOSTINGEXPERTS ENTITIES DISCLAIM LIABILITY AND SHALL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. IN NO EVENT SHALL BOOSTINGEXPERTS ENTITIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH (I) ANY USE OF THE BOOSTINGEXPERTS SERVICES OR THE CONTENT POSTED ON THE BOOSTINGEXPERTS SERVICES, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE BOOSTINGEXPERTS SERVICES FOR RESERVATIONS), (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY BUSINESS IN CONNECTION WITH THE SERVICES.
6. INDEMNIFICATION AND RELEASE.
You agree to defend, indemnify and hold harmless BoostingExperts Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the BoostingExperts Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of any of Your Content or any that is submitted via your account; or (vi) any other party’s access and use of the BoostingExperts Services with your username, password or other appropriate security code. You will cooperate as fully required by BoostingExperts Parties in the defense of any claim. BoostingExperts Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of BoostingExperts Parties.
In addition to the recognition that BoostingExperts is not a party to any contract between Users, you hereby release BoostingExperts, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity.
These indemnity obligations shall survive any expiration or termination of your relationship with BoostingExperts.
You may terminate the Terms of Service at any time by closing your Account, discontinuing your use of the BoostingExperts Services, and providing BoostingExperts with a notice of termination.
We may close your Account, suspend your ability to use certain portions of the BoostingExperts Services, and/or ban you altogether from the BoostingExperts Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the BoostingExperts Services, Your Content, or any other related information.
In the event of any termination, whether by you or us, these Terms of Service will continue in full force and effect, including our right to use Your Content.
Termination of this Agreement and/or closing of your Account will not relieve Client of the requirement to pay for Service Providers’ Services performed prior to the date of termination or thereafter for any Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes and Service Fee, Client hereby authorizes BoostingExperts to charge to its Payment Method.
You acknowledge that BoostingExperts has expended substantial effort to connect Clients and Service Providers through the BoostingExperts Services. You agree not to circumvent or attempt to circumvent BoostingExperts by procuring or offering the Services to any User that you had originally identified through the BoostingExperts Services outside the BoostingExperts Services, or otherwise circumvent BoostingExperts role as a payment processor or the BoostingExperts Services’ payment methods, and any violation of the foregoing restrictions is a material breach of this Agreement.
9. END USER LICENSE GRANT
A. BoostingExperts Services
Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the BoostingExperts Services for your personal, non-commercial use, except as otherwise permitted by these Terms of Service. You agree not to copy, or procure content of information from the BoostingExperts Services by automated means, or to use other data mining technology or processes to frame or extract data or other materials from the BoostingExperts Services, unless authorized in writing by BoostingExperts. No materials from BoostingExperts Services may be copied, reproduced, modified, republished, downloaded, posted or distributed in any form or by any means without BoostingExperts prior written permission. BoostingExperts reserves all rights not expressly granted herein in the BoostingExperts Services and the BoostingExperts Content. BoostingExperts may terminate this license at any time for any reason or no reason.
B. Mobile Software
We make available software to access the BoostingExperts Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile BoostingExperts Services. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one BoostingExperts account on one mobile device owned or leased solely by you, for your personal, non-commercial use, except as provided in these Terms of Service. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third-party partners or suppliers retain all right title, and interest in the Mobile Software (and any copy thereof).
We may use third-party services for the following purposes: (a) to analyze data about users interaction with our Application; (b) to find and fix bugs and crashes; (c) to provide customer support; (c) to enhance, maintaining accessibility, modify or otherwise improve our Application for the benefit of all users. In accordance with this paragraph, We use the following third-party services in our Application: (UserX Analytics (https://userx.pro/ (https://userx.pro/)) provided by USERX LLC. We could collect and transfer to UserX Analytics anonymized data about users’ actions in the app, including (a) data about features that users use in the app; (b) data about users taps and swipes in the app which they make by interacting with the application interface; (c) screenshots captured during the app usage; (d) virtual device identifier. All collected data are ANONYMIZED on the side of end-user devices, and DOESN’T CONTAIN any personal or financial information, other sensitive data, or user-generated private content. All transmitted data DOESN’T CONTAIN any information resulting from the device camera, microphone, or other user inputs in the Application. All transmitted data are protected by SSL encryption.
10. YOUR RELATIONSHIP WITH BOOSTINGEXPERTS
You expressly acknowledge, agree, and understand that: (a) the BoostingExperts Services serves as merely a venue where Users may act as Clients and/or Service Providers; (b) BoostingExperts is not a party to any Contracts between Clients and Service Providers; (c) you are not an employee of BoostingExperts, and BoostingExperts does not, in any way, supervise, direct, or control the Service Providers or Service Providers’ Services; (d) BoostingExperts will not have any liability or obligations under or related to Contracts for any acts or omissions by you or other Users; (e) BoostingExperts has no control over Service Providers or the Service Providers’ Services offered or rendered by Service Providers; (f) BoostingExperts makes no representations as to the reliability, capability, or qualifications of any Service Providers or the quality, security, or legality of any Service Providers’ Services, and BoostingExperts disclaims any and all liability relating thereto; and (g) BoostingExperts makes no representation as to the ability of Clients to pay for the Service Providers’ Services; or that a Client or Service Provider can or will actually complete a transaction.
11. DISPUTE RESOLUTION
You and BoostingExperts agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof (collectively, ‘Disputes’) will be settled by binding arbitration. Without limiting the preceding sentence, you will also have the right to litigate any other Disputes if you provide us with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first accept this Agreement (such notice, an “Arbitration Opt-out Notice”). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth with respect to individual actions in small claims courts. You acknowledge and agree that you and BoostingExperts are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and BoostingExperts otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. This Dispute Resolution section will survive any termination of this Agreement. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
B. Arbitration Rules, Governing Law, Jurisdiction and Venue.
The arbitration will be administered and finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these terms, and will be administered by the International Court of Arbitration of the ICC.
C. Arbitration Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the ICC Rules. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the ICC will appoint the arbitrator in accordance with the ICC Rules.
Your responsibility to pay any ICC filing, administrative and arbitrator fees will be solely as set forth in the ICC Rules. However, if your claim for damages does not exceed $75,000, BoostingExperts will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.
If BoostingExperts changes this Legal Disputes section, you may reject any such change by sending us written notice by e-mail to [email protected] within 30 days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and BoostingExperts in accordance with the provisions of this Section as of the date you first accepted the terms of this Agreement (or accepted any subsequent changes to this Agreement).
A. User Disputes.
Except as provided in Section E(c)(iv), we are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim, or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
B. Entire Agreement / Severability.
These Terms of Service, together with any amendments and any additional agreements you may enter into with us in connection with the BoostingExperts Services, shall constitute the entire agreement between you and us concerning the BoostingExperts Services. If any provision of thee Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. This section shall survive any expiration or termination of your relationship with BoostingExperts.
C. No Waiver.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
D. Third-Party Beneficiaries and Agreements.
If you downloaded the Mobile Software from any third-party website, you acknowledge and agree such third party and its subsidiaries (“Third Parties”) are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Third Parties will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and BoostingExperts Services is conditioned upon Your compliance with, all applicable third-party terms of the agreement, as may be applicable, when using the Mobile Software and/or BoostingExperts Services.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notice.
F. Special Provisions Applicable To Users Outside The United States.
The following provisions apply to users outside the United States: You consent to have your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities using the BoostingExperts Services.
G. Third-Party Links.
We may provide notices, whether such notices are required by law or are for marketing or other business-related purposes, to you via email notice to your registered email address, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Play Store, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt-out of certain means of notification as described in these Terms of Service.
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms of Service that we would otherwise be required to provide to you in paper form by applicable laws. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us at [email protected] If you withdraw your consent to receive such records and notices electronically, we may in our discretion revoke your access to the BoostingExperts Services, and you will no longer be permitted to use the BoostingExperts Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective. Users are solely responsible for maintaining a current, active email address registered with BoostingExperts, for checking their email, and for responding to notices sent by BoostingExperts to the User’s registered email address
I. Governing Law.
The laws, excluding its conflicts-of-law rules, govern this Agreement. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
J. Contact Us.
Should you wish to contact us with any questions, complaints, or claims with respect to the BoostingExperts Services, you should visit our website at www.boostingexperts.com, email [email protected]