ACCEPTANCE OF TERMS
REVISIONS TO THE TOU AGREEMENT
Boost Home may revise this TOU Agreement in its sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the Boost Home home page. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of any such changes and of the revised TOU Agreement. The most current version of this TOU Agreement will always be made available by us here. Please check this page from time to time to view the most current TOU Agreement.
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. Boost Home may sell products made for children, but it is Boost Home’s intention to only sell such products to adults. It is Boost Home’s intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
The products on our site are intended for personal, not commercial use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Your use of the services and products on the site is at your sole risk. Unless otherwise expressly specified in writing, the services and products sold on the site are provided on an “as is” and “as available” basis. Unless otherwise expressly specified in writing, Boost Home and its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non infringement.
Unless otherwise expressly specified in writing, Boost Home and its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors make no warranty that (i) the services or other materials or products purchased or obtained by you from the services or on the site will meet your requirements, will be uninterrupted, timely, secure, error free, or will be accurate or reliable; (ii) the quality of services or other material or products purchased or obtained by you from the services will meet your expectations; and (iii) any errors in the services (including any software) will be corrected.
Any material or products uploaded, transmitted, accessed, purchased, or downloaded from the services (including from on the site), including, but not limited to, content, files, or software, or material or products otherwise obtained through the use of the services is purchased, used, and/or accessed at your own discretion and risk; and Boost Home and its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors expressly disclaim any and all liability for damages, including, but not limited to, damages to any computer system or loss of data, that results from the use of the services or upload, posting, transmittal, purchase, or download of content, files, or software or other material or products otherwise obtained through the use of the services.
No advice or information, whether oral or written, obtained by you from Boost Home or through or from the services shall create any warranty not expressly stated in the tou agreement.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the services. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family or company, have an epileptic condition, consult your physician prior to using the services. Immediately discontinue use of the services and consult your physician if you experience any of the following symptoms while using the services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
LIMITATION OF LIABILITY
You expressly understand and agree that Boost Home , its affiliates, subsidiaries, officers, stockholders, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Boost Home has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the services; or (v) any other matter relating to the services.
NO THIRD PARTY BENEFICIARIES
This TOU Agreement is not enforceable by or for the benefit of any third party.
Without Boost Home’s prior permission, you agree not to display or use in any manner the Boost Home marks.
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of Boost Home identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices of infringement should be directed to the following Designated Agent of Boost Home:
Boost Home , Inc.
433 N. Camden Dr. Suite 600
Beverly Hills, CA 90210
If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
You agree to receive communications from Boost Home electronically. Boost Home will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Boost Home provides to you electronically satisfy any legal requirements that such communications be in writing.
This TOU Agreement constitutes the entire agreement between you and Boost Home and governs your use of the Services, superseding any prior agreements between you and Boost Home with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Boost Home products and/or services, affiliate services, third party content, or products, or third party software.
Choice of Law and Forum.
This TOU Agreement and the relationship between you and Boost Home shall be governed by, construed, and enforced in accordance with the laws of the State of Nevada, excluding its conflict of law provisions. You and Boost Home agree to submit to the personal and exclusive jurisdiction of the courts located within Las Vegas, Nevada.
The failure of Boost Home to exercise or enforce any right or provision of this TOU Agreement or breach of this TOU Agreement by you shall not constitute a waiver of such right or provision.
If any provision of this TOU Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TOU Agreement will continue in full force and effect.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOU Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in this TOU Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this TOU Agreement to the following:
Boost Home , Inc.
433 N. Camden Dr. Suite 600
Beverly Hills, CA 90210
The effective date of this TOU agreement as modified is July 1st, 2014.