Last updated as October 17, 2022 (“Effective Date”)
TERMS OF SERVICE
Last updated as October 17, 2022 (“Effective Date”)
THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
READ THESE TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR ACCESS TO AND USE OF THE WEBSITE PROVIDED BY UNITED LICENSING GROUP, INC D/B/A DR. BOOST (“COMPANY”). IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE WEBSITE.
These Terms of Service (“Terms”) govern your access to and use of the website www.drboost.com where these Terms are posted (“Site”). By clicking Accept, Register or similar button or icon, connecting to the Site through a third-party such as Facebook or by accessing, browsing, or using the Site in any manner, you agree to be bound by these Terms and our Privacy Policy, whether or not you registered with the Site. All references to “you” or “your” as applicable, mean the person who accesses, uses, and/or participates in the Site in any manner. The Site and/or Company reserves the right to deny access to any person who violates these Terms.
Eligibility. The Site is intended solely for persons who are 18 years old or older. Any access to or use of the Site by anyone under the age of 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 years old or older.
Content. The Company owns all information, content, services, and software on, transmitted through, or used in connection with the Site, including without limitation, the products, articles, stories, reviews, photographs, images, illustrations, audio clips, video, html, source and object code, Company trademarks, Company logos and the like (the “Content”). You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark or copyright notice, or other notices, from such Content. No other use is permitted without the prior written permission of Company. The permitted use described in this section is contingent on your compliance at all times with these Terms.
Except where explicitly provided for herein or on the Site, you may not copy or republish any Content or portion of the Content without our written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way or for any purpose, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms should be directed to (termsofservice@drboost.com).
Company Intellectual Property. You acknowledge and agree that Company retains ownership of all right, title, and interest in and to the trademarks, logos, product names, designs, graphics, photographs, and other digital assets displayed on the Site and all intellectual property or proprietary rights therein (“Company IP”). You further acknowledge and agree not to display or use any of the Company IP in any manner without the express written permission of the Company.
Offers. You acknowledge and agree that any offers made available through the Site are subject to change at any time without notice.
Errors/Inaccuracies. On occasion, a product may not be available at the time or the price as it appears on the Site or other materials. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, error in pricing or product information received from our advertisers or suppliers, or for any other reason, you agree the Site is not responsible for such errors or discrepancies. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time and without prior notice to you, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information on the Site, including but not limited to pricing, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.
Product Features. We have endeavored to be as accurate as possible in describing and displaying the colors and other features of the products made available for purchase through the Site. There is no warranty or guarantee that the colors, quality, product description or other content of the Site is accurate, complete, reliable, current, or error-free.
Product Statements. The Company’s statements about its products have not been evaluated by the Food and Drug Administration (“FDA”). The Company’s products are not intended to diagnose, treat, cure, or prevent any disease. Read carefully all product packaging prior to use. The information contained on the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other healthcare professional. Do not use the information available on or through the Site for diagnosing or treating a health problem or disease or prescribing any medication.
Product Labeling. Unless otherwise noted, product names, descriptions, and labeling are of U.S. origin. Neither Company or its officers, directors, employees, agents, or representatives are engaged in rendering medical advice, diagnosis, treatment, or other medical services that in any way create a physician-patient relationship through the Site.
Placing an Order. After you place an order, we will review the information you provided for validity and verifying your method of payment, billing, and/or shipping address. Order may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you via email or telephone if additional information is required to accept and process your order. Invalid order information may result in delays in processing your order. For product purchases, your receipt of an order confirmation does not constitute Company’s acceptance of your order. Without prior notification Company maintains the right to limit the product order quantity and the right to refuse to sell the product to any customer for any reason or no reason at all. Company reserves the right not to sell to resellers, dealers, wholesalers, or distributors. If your order is canceled, Company will attempt to notify you using the email address you provided with the order.
Payment Methods. We accept various payment methods for product purchases through the Site, including but not limited to MasterCard, Visa, and American Express. We will bill your payment merchant when you place an order for a product through the Site. Company will not fulfill any product order without authorization validation of your purchase from your payment merchant.
Payment Processing. When making a purchase on the Site, you will be required to provide your credit card details to the Company to process your payment(s). Credit card transactions and order fulfillment are often handled by a third-party processing agent, bank, or distribution institution. You hereby authorize Company and/or such third-party payment processor to process such payment through the payment method as supplied by you.
You agree to provide the Company and/or the third-party service provider with accurate and complete information about you; and you authorize the Company to share it and any transaction information related to your use of the Site with the third-party payment processor for the purpose of processing payment(s) for the purchase of the product. The Company reserves the right, in its sole discretion (but not the obligation), to: (i) place on hold any payment; and/or (ii) refund, provide credits or arrange for the third-party payment processor to do so, as necessary.
If you believe a payment has been processed in error, you must provide written notice to the Company within thirty (30) days after the date the payment was processed specifying the nature of the error and the amount in dispute. If notice is not received by the Company within such thirty (30) day period, the payment will be deemed final and valid.
While the Company takes what it believes to be reasonable efforts to ensure secure transmission of your information to the third-party service provider that assesses and processes payment(s), the Company is not responsible for any fees or charges assessed by third party payment processor(s), or any errors in the processing of payment(s) by third party payment processor(s), including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. Your sole recourse is with the third-party payment processor(s) which processed the payment(s).
If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Company, and the Site cannot and do not take responsibility for the success or security of transactions undertaken or processed by third parties.
Shipping. The products will be shipped via a shipping method of your choice as offered on the Site. Additional terms and conditions, such as applicable shipping and handling fees, will be disclosed to you at the time of purchase. We do not guarantee the services of any shipping service. Delivery dates and times are estimates and are not guaranteed. We will use our commercially reasonable efforts to ship the product to you as soon as reasonably possible after you place your order. During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays. You agree to not hold Company liable for any shipping issues. Most package carriers have a short timeframe in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems.
Resale. You understand and agree that the products are not intended for resale and, without the express prior written consent of Company, you shall not offer, sell or resell the products to third parties.
Account. By creating an online account with the Company on its Site ("Account"), you are granted a right to use the Site subject to the restrictions set forth in these Terms and the Privacy Policy. Our Account registration process will ask you for information including your name, email and/or physical address, phone number, etc. (hereinafter, collectively referred to as “Personal Information”). By registering for an Account, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration process. You further agree that you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated information in your Account or notify us in writing regarding your corrected or updated information.
We may verify your provided information, as required for your use of and access to the Site. You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account. We reserve the right to suspend or terminate the Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You are solely and entirely responsible for maintaining the confidentiality of your Account, and for any charges, damages, liabilities, or losses incurred or suffered as a result of your failure to do so. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account.
The Company is not liable for any harm caused by or related to the theft of your Account, your disclosure of your Account, or your authorization to allow another person to access or use your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Site cannot be guaranteed in the event of breach.
Prohibited Uses of the Site. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
Termination. The Company reserves the right, in its sole discretion, to terminate your Account if you violate these Terms or for any reason or no reason at any time. We may also suspend your access to the Site, and your Account if you: (a) have violated the terms of these Terms, any other agreement you have with the Company; (b) pose an unacceptable credit or fraud risk; (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct; or (d) for any other reason in the Company's sole discretion.
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms; (b) to immediately stop using the Site; (c) that any licenses granted to you under these Terms shall end; (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers; and (e) that the Company shall not be liable to you or any third party for termination or suspension of access to the Site for deletion or hiding of your information or account data. You agree that the Company may retain and use your information and account data as needed to comply with investigations and applicable law, and as indicated in the Company’s Privacy Policy.
Company will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Site.
Links to Third-Party Accounts. As part of the functionality of the Site we offer you the option to link your Account with online accounts you may have with third parties such as Facebook, Google, etc. ("Third-Party Account") by either: (i) providing your Third-Party Account login information through the Site; or (ii) allowing the Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you own and are entitled to disclose your Third Party Account login information to the Company and/or grant the Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account. The Company will not pay any fees or be subject to any usage limitations imposed by such third party service providers.
By granting the Company access to any Third-Party Accounts, you understand that (i) the Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account so that it is available on and through the Site via your Account, including without limitation any friend lists, and (ii) the Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. The Company makes no effort to review Simple Notification Service push notification content (“SNS Content”) by any Third-Party Accounts for any purpose, including but not limited to, for accuracy, legality or non-infringement, and the Company is not responsible for any SNS Content by Third Party Accounts. Please note that if a Third-Party Account or associated service becomes unavailable or the Company's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Site.
Depending on the Third-Party Accounts you choose to link with the Website, and subject to the privacy settings that you have set in the Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Website. Depending on your privacy settings, the Company may access your contacts associated with a Third-Party Account, solely for the purposes of identifying and informing you of those contacts who have also registered to use the Site, unless you expressly tell us not to do so in writing.
Finally, you will have the ability to disable the connection between your Account and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Links to Other Sites. The Site may contain links to third-party sites, such as, but not limited to, Facebook or Instagram that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve the Company from any and all liability arising from your use of any third-party site that is referenced or linked on our Site.
Links to this Site. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any trademarks; (b) the links and the content do not suggest any affiliation with the Company or cause any other confusion; and (c) the links and the content do not portray the Company or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to the Company. The Company reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
User Content Representations and Warranties. By placing material on the Site, including but not limited to posting content or communications to any Site bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files, video clips, or any audio-visual content to the Site (collectively, "User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms; and (2) the User Content will not cause injury to any person, group or entity.
User Content License. For all User Content you post, upload, or otherwise make available (in this section - "Provide") to the Site, you grant Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in whole or in part, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Company to: (i) share the User Content across all websites, mobile applications, publications and other online and offline services affiliated with Company; (ii) include the User Content in a searchable format accessible by users of the Site and other Company websites, mobile applications, publications and other online services; (iii) place advertisements in close proximity to such User Content; and (iv) use your name, likeness and any other information you Provide in connection with our use of the material you Provide. You waive all moral rights with respect to any User Content you Provide to the Site. You also grant Company the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you Provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing, and marketing commercial products using such information. All rights in this section are granted without the need for additional compensation of any sort by Company to you or to any other person or entity. You agree that you will indemnify, defend, and hold harmless Company and its officers, directors and employees for all claims resulting from User Content you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms.
Unsolicited Material and Ideas. We are happy to hear from our users and welcome feedback regarding our Site. However, neither the Site nor Company is responsible for the similarity of any of its content or programming in any media to materials or ideas provided to the Site. If you do transmit unsolicited submissions to us through the Site or otherwise, you grant Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Company sees fit. By using the Site and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Site, Company and its parents, affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
User Content Screening and Removal. You acknowledge that the Site and/or its designees may or may not pre-screen User Content and Company shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms or is otherwise objectionable.
User Content Assumption of Risk. Although the Site may from time-to-time monitor or review postings, transmissions, and the like on the Site, it cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to the Site is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you Provide. To protect your safety, please use your best judgment when using Site forums, chat rooms, bulletin boards, blogs, comments sections, or similar features. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message, comment section, or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify and contact you.
User Content Posting Rules. Any decisions as to whether User Content violates any posting rule set forth in these Terms will be made by us in our sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following rules: Do not provide User Content that:
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
You shall notify us immediately upon becoming aware of the commission by any person of any restricted uses of the Site by sending an email to (termsofservice@drboost.com), and you shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide in this respect.
You acknowledge that we have no obligation to monitor any users’ access to or use of the Site, or to review or edit any Content or User Content, but we have the right to do so in our sole discretion: (i) for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) to ensure your or another user’s compliance with these Terms; (iii) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; or (iv) to address content that we determine is otherwise objectionable or violates these Terms. We reserve the right, at any time and without prior notice, to remove or disable access to any User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms, otherwise harmful to the Site, or for any other reason that we deem appropriate. In order to protect the integrity of the Site, we also reserve the right at any time in our sole discretion to block users from certain IP addresses or geographic locations from accessing and using the Site.
You acknowledge, consent, and agree that we may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary: (i) to respond to claims asserted against us or to comply with legal process (for example, subpoenas, warrants, or other process ); (ii) to enforce or administer our agreements with users, including without limitation these Terms; (iii) to render services you request; (iv) to protect the rights or property of the Site, Company, and their respective third-party suppliers, service providers, and distributors; (v) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; (vi) to protect the rights, property or safety of Company, the Site, its users, or members of the public; or (vii) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of us, you or others.
Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of the Site, in appropriate circumstances, to terminate any account if it is deemed to infringe third-party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Site, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
The Site’s Copyright Agent can be reached as follows:
United Licensing Group, Inc.
Attn: Copyright Manager
101 Udine Way, Los Angeles, CA 90077
Phone: +1-844-902-6678
Email: copyright@drboost.com
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please email us at termsofservice@drboost.com. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
General Disclaimer and Limitation of Liability. While the Company uses reasonable efforts to include accurate and up-to-date information, Company makes no warranties or representations as to the accuracy of the Content appearing on the Site, including without limitation User Content, and assumes no liability or responsibility for any error or omission in the Content. The Company does not represent or warrant that use of any Content will not infringe rights of third parties. The Company will have no responsibility for actions of third parties or for content provided by others, including without limitation User Content.
USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND THE SITE.
ALL CONTENT AND ACCESS TO THE SITE AND ANY PRODUCTS OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER COMPANY, NOR ANYONE ASSOCIATED WITH COMPANY, INCLUDING WITHOUT LIMITATION COMPANY’S OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OPERATORS, MANUFACTURERS, OR DISTRIBUTORS (“COMPANY PARTIES”), MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, THE AVAILABILITY OF THE SITE OR THE CONTENT THEREON, AND/OR THE RESULTS THAT MAY (OR MAY NOT) BE OBTAINED FROM ACCESS OR USE OF THE SITE OR THE CONTENT. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. COMPANY AND COMPANY PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR MALWARE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY. THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND/OR COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA, OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES , WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR THIRD PARTY OFFERINGS INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMMISSION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND/OR COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES EXCEEDING THE AMOUNT PAID FOR THE PRODUCTS OR SERVICES RELATING TO SUCH CLAIM.
THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE SECURE, TIMELY, ERROR FREE OR UNITERRUPTED, OR THAT THE SITE IS OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SITE AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNITERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY AND/OR ANY OF THE COMPANY PARTIES EXPRESSELY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY THE COMPANY AND/OR ANY OF THE COMPANY PARTIES. THE EXCLUDED DAMAGES INCLUDE WITHOUT LIMITATION DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.
Indemnity. You agree to indemnify, defend and hold harmless Company and Company Parties from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) in any and all jurisdictions arising from or relating to any allegation regarding: (1) your use of the Site; (2) Company’s use of any User Content or information you provide; (3) information or material provided through your Account, even if not posted by you; and (4) any violation of these Terms by you.
Modifying These Terms. Company reserves the right to change these Terms at any time in their respective discretion and to notify users of any such changes solely by changing the Effective Date of these Terms. The most current version of these Terms will supersede all previous versions. Your continued use of the Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. Your use of the Site prior to the time these Terms were posted will be governed according to the Terms that applied at the time of your use.
Statute of Limitations. You agree to file any claim regarding any aspect of this Site or these Terms within six (6) months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
Disputes and Choice of Law. You may contact termsofservice@drboost.com to address any concerns you may have regarding the Site. We will attempt to resolve concerns quickly to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Company and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
For any dispute that is not subject to binding arbitration or otherwise as set forth in these Terms, you and Company agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles County, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
These Terms and the relationship between you and the Company shall be governed by the laws of the State of California without regard to conflicts of law provisions.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Company agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with Company as follows:
Initial Dispute Resolution. Most disputes can be resolved without resorting to litigation. You can reach us at termsofservice@drboost.com Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration (except with respect to the exceptions set forth below).
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Site shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or the Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to United Licensing Group, Inc. at 101 Udine Way, Los Angeles, California 90077.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Los Angeles County in the State of California, United States of America, and you and Company agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
Exception. Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to termsofservice@drboost.com with the subject line, "MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the Site that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Company also will not be bound by them.
Changes to This Section. Any changes to this section will be made in the same manner as described in the section entitled “Modifying These Terms” above; however, such changes will only become effective sixty (60) days after the revised Effective Date of these Terms and will only apply prospectively to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Mandatory Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Site.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your account or the Site.
General Provisions.
Force Majeure. The failure of the Company to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, pandemic, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
Severability. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect.
No Waiver. Any failure of Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
No Third-Party Beneficiaries. You agree, except as expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Section Titles. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Site, the Disputes provisions, and all other provisions for which survival is equitable or appropriate.
No Joint Venture, Partnership, or Agency Relationship. No joint venture, partnership or agency relationship exists between you and the Site. These Terms, our Privacy Policy, any uses of the Site by you, and any information, products, or services provided by the Site to you do not create and shall not be construed to create a joint venture, partnership or agency relationship between you and the Company.
Material Terms. You agree that the provisions of these Terms that limit liability and disclaim warranties are essential terms of these Terms.
Entire Agreement. These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless made in writing and signed by the Company. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.