uBoost Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE UBOOST WEBSITE OR ANY SERVICES.

By using the uBoost.com web sites (“Service”) or any services of uBoost Inc., you are acknowledging that these terms and conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and agreeing to be bound by the following terms and conditions (“Terms of Service”). If you do not agree to these Terms of Service, you may not use the uBoost website or any related services.

uBoost Inc reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below may result in the immediate termination of your account. While uBoost Inc prohibits such conduct and content on the Service, you understand and agree that uBoost Inc cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You agree to provide, maintain and update true, accurate, current and complete information about yourself. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
You are responsible for maintaining the security of your account and password. uBoost Inc cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
If you are using a free account you are not permitted to block ads.
One person or legal entity may not maintain more than one free account.
You may not use the uBoost website or the Service for any illegal or unauthorized purpose. You must not, in the use of the uBoost website or the Service, violate any laws in your jurisdiction (including, but not limited to, copyright or trademark laws).
You agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the uBoost website or the Services.
You agree to exit from your account at the end of each session.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly basis and is non-refundable. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes imposed on uBoost Inc.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of content, features, or capacity of your Account. uBoost Inc does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account. An email, phone request, letter or other communication to cancel your account is not considered cancellation. You can only cancel your account at any time by clicking on the deactivation link in “my settings”, which can be found in the “My Account” Menu.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
uBoost Inc, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other uBoost Inc service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. uBoost Inc reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

uBoost reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the uBoost Site (www.uBoost.com) or the Service itself.
uBoost Inc shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright, Content Ownership, and Intellectual Property

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
uBoost does not pre-screen content, but uBoost Inc and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
All information, materials, functions and other content on the uBoost website are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the uBoost Sites or delete our content or features at any time, in any way, for any or no reason.
You may not decompile, reverse engineer, disassemble or otherwise reduce any software related to the uBoost website or our Services to a human-readable form.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis, without warranties of any kind. To the fullest extent permitted under applicable law, we disclaim all warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatability and noninfringement.Without limiting the foregoing, uBoost Inc does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) any errors or defects in the uBoost website or the Service will be corrected, or (vi) the uBoost website or servers that make any content available are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of the Service
Technical support is only provided to paying account holders and is only available via email.
You understand that uBoost Inc uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, uBoost Inc, or any other uBoost Inc service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by uBoost Inc.
We may, but have no obligation to, removecontent and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any uBoost Inc customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You expressly understand and agree that uBoost Inc shall not be liable under any circumstances (including negligence) for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, personal injury (including death), property damage of any nature whatsoever, or damages for loss of profits, goodwill, use, data or other intangible losses (even if uBoost Inc has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the uBoost website or the Service; (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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service, even, in any of the above cases, we have been advised of the possibility of any such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed $200 or the amount paid by you, if any, (whichever is less) for accessing the Services. Moreover, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control.
The failure of uBoost Inc to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and uBoost Inc and govern your use of the Service, superceding any prior agreements between you and uBoost Inc (including, but not limited to, any prior versions of the Terms of Service).
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out or relating to the Terms of Service shall be filed, and that venue properly lies, only in state or federal courts located in the city and county of Honolulu, Hawaii, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of the Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE UBOOST WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Questions about the Terms of Service should be sent to support at support@uBoost.com.