Boosterville Terms of Use

Last updated June 30, 2016

Welcome, and thank you for your interest in our web site located at www.boosterville.com (the "BOOSTERVILLE Site") and our mobile applications, provided to you by Boosterville Inc. ("BOOSTERVILLE"). We are pleased to offer you access to the BOOSTERVILLE Site, our mobile applications and the related features and services offered by BOOSTERVILLE (the "BOOSTERVILLE Service") conditioned on your acceptance without modification of the following Terms of Use (the "Terms").

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BOOSTERVILLE. BY ACCESSING AND BROWSING THE BOOSTERVILLE Site AND/OR OTHERWISE USING THE BOOSTERVILLE Service, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE OBLIGATION TO USE ONLY FOR LAWFUL PURPOSES, THE PRIVACY POLICY AND OTHER GUIDELINES (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE BOOSTERVILLE Site OR THE BOOSTERVILLE Service.

1. Eligibility; Registration Information and Password; BOOSTERVILLE Service Access.

THE BOOSTERVILLE Service IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE BOOSTERVILLE Service. BY USING THE BOOSTERVILLE Service, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BOOSTERVILLE Service.

SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, BOOSTERVILLE grants you permission to access and use the BOOSTERVILLE Service solely for your personal use, at the level for which you have registered, as set forth in these Terms and consistent with the intended features of the BOOSTERVILLE Service.

2. Registration.

In order to use the BOOSTERVILLE Service, you will need to register for an account (such users referred to herein as "Registered Users"). You agree that the information you provide to BOOSTERVILLE on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times.

3. Compliance with Law.

Intellectual property laws of all jurisdictions prohibit the reproduction and distribution of protected works without authorization. You are responsible for determining what laws apply to your use of the BOOSTERVILLE Service, and for applying the laws in the relevant jurisdiction when using BOOSTERVILLE Service. You may not use BOOSTERVILLE Service in violation of these or any other laws.

4. Privacy and other Policies.

5.  Mobile

The Boosterville platform may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the Boosterville platform, receive messages from the Boosterville platform (including, without limitation, push messages and text messages), download applications to your mobile phone or access Boosterville platform features (collectively, the "Mobile Features"). Message and data rates may apply. To opt-out of receiving text messages associated with a Mobile Feature text "STOP" to the applicable shortcode for the Mobile Feature.

 

If you have registered for Mobile Features that utilize your mobile number, you agree to notify Boosterville of any changes to your mobile number and update your account on the Boosterville platform to reflect this change.

6. Prohibited Conduct

All rights and licenses granted to you hereunder are conditioned upon your compliance with the following restrictions. You shall not do or attempt to do any of the following:

7. User Submissions

8. Modification of the Terms.

From time to time, BOOSTERVILLE may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the BOOSTERVILLE Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the BOOSTERVILLE Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the BOOSTERVILLE Service, except that (i) disputes between you and BOOSTERVILLE will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the BOOSTERVILLE Service. Your continued use of the BOOSTERVILLE Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.

9. Prohibited Uses.

10. Feedback.

You may provide BOOSTERVILLE with information and feedback regarding the features and performance of the BOOSTERVILLE Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (the "Feedback"). You hereby grant BOOSTERVILLE a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.

11. Ownership; Proprietary Rights.

The BOOSTERVILLE Service is owned and operated by BOOSTERVILLE, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, BOOSTERVILLE name and logos and all other elements of the Apps and other aspects of the BOOSTERVILLE Service provided by BOOSTERVILLE ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to BOOSTERVILLE or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to BOOSTERVILLE or its affiliates, except that trademarks, service marks and trade names relating to Third Party Materials (as defined below) are property of their respective owners. Except as expressly authorized by BOOSTERVILLE, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

12. Processing and Use of Transaction Information.

It is necessary for BOOSTERVILLE in order to deliver to you the BOOSTERVILLE Service and to facilitate real time notifications, promotions and benefits, to share your payment information with Visa. In this connection, you authorize the sharing, exchange and processing of your transaction history by BOOSTERVILLE, Visa, and participating merchants as described in the BOOSTERVILLE Privacy Policy.

13. Third Party Sites, Products and Services; Links.

The BOOSTERVILLE Service includes links or content relating to third party web sites, products or services, solely as a convenience to users ("Third Party Materials"). BOOSTERVILLE does not endorse any such Third Party Materials or the information, material, products or services referenced in the Third Party Materials. Furthermore, BOOSTERVILLE makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Third Party Materials. YOUR USE OF THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES REFERENCED IN THE THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.

Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the BOOSTERVILLE Service is solely between you and such third party. YOU AGREE THAT BOOSTERVILLE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE BOOSTERVILLE Service.

14. Disputes with Third Parties

If you have a dispute with another user of the BOOSTERVILLE Service, or the provider of any linked third party site, or any other third party arising in connection with your use of the BOOSTERVILLE Service, you release us (and our 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 such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

15. Notice.

Except as explicitly stated otherwise, legal notices will be served on BOOSTERVILLE at 3633 E. 62nd Street Indianapolis, IN 46220. Legal notices will be served on you at either the email or physical address you provide to BOOSTERVILLE during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.

16. Termination.

17. Disclaimers; No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOOSTERVILLE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BOOSTERVILLE DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE BOOSTERVILLE Service, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE BOOSTERVILLE Service.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

18. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES WILL BOOSTERVILLE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, PAYMENT CARD NETWORKS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE BOOSTERVILLE Service, EVEN IF BOOSTERVILLE OR A BOOSTERVILLE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BOOSTERVILLE'S OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', PAYMENT CARD NETWORKS, OR THIRD PARTY PARTNERS' OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE BOOSTERVILLE Service (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BOOSTERVILLE Service DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

19. Indemnification.

You (and your Subscribing Organization, if applicable) agree to indemnify, defend, and hold BOOSTERVILLE, its affiliates, contractors, employees, agents and its affiliates, suppliers (including payment card networks and payment processors), licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the BOOSTERVILLE Service, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. BOOSTERVILLE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BOOSTERVILLE, and you agree to cooperate with our defense of these claims. BOOSTERVILLE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

20. Digital Millennium Copyright Act Compliance.

BOOSTERVILLE respects the intellectual property rights of others and does not permit copyright infringing activities on the BOOSTERVILLE Service. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the BOOSTERVILLE Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

21. Miscellaneous.

This agreement shall be construed and enforced in accordance with the laws of the state of Tennessee (other than its conflicts of law provisions). EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this Section is a material inducement for the other party to enter into this agreement. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or in connection with this agreement must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

The services hereunder are offered by BOOSTERVILLE Inc., located at 3633 E. 62nd Street Indianapolis, IN 46220; BOOSTERVILLE may be contacted by email at info@boosterville.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.