Table of Contents

BoostandMaximize Terms and Conditions of Use

Effective Date: October 17, 2023

BoostandMaximize and any successor entity (referred to throughout as “BoostandMaximize” “we” or “us”), offers a variety of content and services through the BoostandMaximize website and App (collectively, the “Services”).

Please carefully review the terms and conditions outlined in Section 14, which encompass a binding arbitration clause and a class action waiver. This has a significant impact on your ability to address disputes with BoostandMaximize. It’s crucial to assess these terms thoughtfully before proceeding. Your decision to maintain an account or use our services, irrespective of whether you establish an account, implies your acceptance of these terms, along with our PRIVACY POLICY that’s integrated into them. Should you disagree with any portion of these terms, you are not authorized to utilize our services.

We’ve included summaries at the beginning of most sections, enclosed within shaded boxes, to make the terms more understandable. In situations where these summaries conflict with any section of the terms, the terms will take precedence.

If you have any inquiries or suggestions, please do not hesitate to contact us via our Support Team.

1. Use of the Services and Your Account

1.1 Eligibility

To use our services, you must be at least 18 years old (unless otherwise specified in the International Terms section for specific jurisdictions). No person under 18 may employ our services, supply personal data as defined in our Privacy Policy, or submit such data through our services.

1.2 Your Account

Accessing certain services may necessitate creating a BoostandMaximize account. It’s imperative to maintain accurate and up-to-date account information, especially your email address. In the event you forget your password, your email address is typically the only means by which we can confirm your identity and help you recover your account.

When establishing an account for any of our services, you must provide precise and complete information as requested during the account creation and registration process. Failure to do so might result in the improper functioning of some of our services, and we may be unable to communicate important notifications to you. You are responsible for keeping your account secure and notifying our Support Team immediately in the event of any actual or suspected loss, theft, or unauthorized account usage. We bear no responsibility for losses resulting from unauthorized username and password use.

For European Union residents: You possess the right to delete your account by contacting our Support Team. Should you choose to permanently delete your account, any non-public personal data linked to your account will also be erased.

1.3 Service Updates, Changes, and Limitations

Our services are continuously evolving. The launch of new products, services, and features demands the flexibility to make alterations, impose restrictions, or occasionally suspend or terminate certain services. It is also crucial to keep your services up to date by installing any available updates.

Our services undergo frequent changes, and their form and functionality may change without prior notice. We may provide updates (including automatic updates) for particular services at our discretion. These updates may consist of upgrades, modifications, bug fixes, patches, error corrections, new features, or other improvements, collectively referred to as “Updates.” Certain aspects of our services may not function correctly without the installation of these Updates, and by using our services, you provide express consent to automatic Updates. Additionally, you agree that any modifications to the Terms will apply to all Updates of the services. We maintain the right to change, suspend, or discontinue some or all of the services at any time, including the availability of any product, feature, database, or content. Furthermore, we are not obliged to provide Updates or maintain specific features or functionality of any service. We may also place limits on particular services or restrict your access without prior notice or liability.

1.4 Service Monitoring and Suspension

We hold the authority to refuse service to anyone and can monitor, terminate, or suspend your account or service access at any moment.

While we are not obligated to do so, we have the right to monitor accounts and activities related to our services and user interactions with Personal Data and profiles of other users. We may deactivate, terminate, or suspend your account or access to certain services under various circumstances, such as violations of these Terms or their spirit, causing risk or potential legal exposure to BoostandMaximize or any third party, law enforcement requests, service discontinuation, technical issues, or problems. We will endeavor to notify you via email or the next time you attempt to access your account in the event of deactivation, termination, or suspension.

1.5 Security

The security of our users is paramount. While we employ robust measures to protect personal data, user-generated content, and accounts, we cannot guarantee that unauthorized third parties will be unable to overcome our security safeguards. If you suspect your account has been compromised or hacked, please notify our Support Team immediately.

2. Ownership and Use of Content

2.1 Definitions

“Content” refers to information, data, and creative expressions appearing in-app or on our website during service usage. “User-Generated Content” comprises content created by users, while “BoostandMaximize Content” encompasses all other content.

2.2 Ownership

You retain ownership of the content you create, while we hold ownership of the content we generate.

BoostandMaximize Content and all intellectual property rights in and on our services belong to BoostandMaximize, its partners, or relevant third parties, registered or not. Users maintain ownership, responsibility for, and rights related to the User-Generated Content they create. However, they grant a license for that User-Generated Content to BoostandMaximize, as detailed in Section 2.5. BoostandMaximize or its partners maintain ownership, responsibility, or rights in all BoostandMaximize Content. Unless expressly authorized in writing by us, you are not permitted to copy, modify, create derivative works from, reverse engineer, sell, sublicense, or commercially exploit any BoostandMaximize Content.

2.3 Our License to You

You are welcome to access and use BoostandMaximize Content and Services, as long as you respect our intellectual property rights and employ them as intended. Avoid using any BoostandMaximize Content or Services for commercial purposes without our consent.

Subject to compliance with these Terms, you receive a limited, revocable, non-transferable, non-exclusive, and personal right and license to access and use BoostandMaximize Content and Services for personal, noncommercial purposes. This excludes copying, modifying, creating derivative works, reverse engineering, selling, assigning, sublicensing, or otherwise exploiting BoostandMaximize Content or Services.

2.4 Acceptable Usage Guidelines

2.4.1 BoostandMaximize Content

You should not modify, rent, lease, loan, sell, distribute, or create derivative works based on Services, software, or BoostandMaximize Content offered via Services, except as expressly permitted or directed by specific guidelines and terms related to those services.

2.4.2 Commercial Usage of the Services

The Services are meant for personal, non-commercial use, with specific Commercial Tools excluded. Commercial use to sell products or services, boost website traffic for commercial gains, or undertake endeavors to derive revenue is prohibited without an advance agreement with us. If you intend to utilize the Services for commercial purposes other than through Commercial Tools, contact us for further information.

2.4.3 Linking to the Services

When linking to our Services on your website or app, certain rules must be followed, including clear labeling, avoiding damage to our marks’ goodwill, directing to the root domain, avoiding false associations, displaying Services in full-screen, and our right to revoke consent at any time.

2.5 Your License to Us

When you post User-Generated Content, you still own it, but you’re giving us permission to use it in connection with our Services and make it available to others. We can edit or remove your Content from our Services at any time. Do not post Content that isn’t yours or that you lack permission to post.

When you provide User-Generated Content through the Services, you grant us and our users a non-exclusive, irrevocable, royalty-free, transferable, sublicensable, worldwide right and license to use, store, reproduce, publish, display, distribute, transmit, modify, adapt, and exploit such User-Generated Content. We have the right to arrange the posting of User-Generated Content as we see fit, and we are not obligated to provide credit when using your User-Generated Content, although we may choose to do so at our discretion. You are not entitled to compensation for the use of your User-Generated Content. We may monitor, remove, or modify User-Generated Content at our discretion for various reasons, including violations of these Terms or our policies.

You also agree to respect the intellectual property rights of others, and you represent and warrant that you have the necessary rights to grant us the license mentioned above for all User-Generated Content you submit.

2.6 Spreading the Word

Before sharing someone else’s Personal Data with us, kindly obtain their consent. We hope you enjoy using our Services and encourage you to share your enthusiasm with your friends. If you choose to use our Services’ features to inform a friend about them, we will request their email address or social media profile, which we may then use to inform them about our Services. The information you provide may be stored for a period, but we will not make it public. By sharing third-party contact information for referrals, you confirm that you have the authority to provide such information and agree to indemnify us in case of any breach of this representation and warranty.

2.7 Content Retention

Please be aware that when you make something publicly available on the Internet, it becomes exceedingly challenging to remove all copies in the future. After terminating your account or removing User-Generated Content from the Services, we may retain your User-Generated Content for a reasonable duration, primarily for backup, archival, or audit purposes or as required or allowed by law. Furthermore, BoostandMaximize and its users may continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that has been stored or shared through the Services. This license for your User-Generated Content persists even if you cease using the Services. When you post something publicly, others may comment on it, making your Content part of a social conversation. For more details, please refer to our Privacy Policy.

3. Community Guidelines

3.1 Interactive Areas

Our Services often include community features. When you post content in these areas, it may become public. We may, on occasion, monitor our community features, but ultimately, you are responsible for your interactions with other users. Please exercise sound judgment and play fairly.

Some of our Services may contain reviews, discussion forums, conversation pages, blogs, or other interactive areas and social features that enable you and other users to post User-Generated Content and engage with one another (referred to as “Interactive Areas”). You bear sole responsibility for your use of the Interactive Areas and any User-Generated Content you post, including its transmission, accuracy, and completeness. Since Interactive Areas are often public, you understand that your User-Generated Content may be made public and remain so. Consequently, you should never post any Personal Data in an Interactive Area.

While we have the right to monitor our community features, we are not obligated to do so. You alone are accountable for your interactions with other users, whether online or in person, including comments, challenges, and friendly competition. We disclaim all responsibility and liability for any losses or damages arising from interactions with other users of the Services, individuals you encounter through the Services or individuals who find you due to Content posted on, by, or through the Services. BoostandMaximize is not obliged to intervene in such disputes, and you release BoostandMaximize from all responsibility and liability connected to such disputes.

3.2 Community Guidelines

Our Services are designed to offer a secure and supportive environment to help you achieve your fitness and wellness goals. You may not use our services to post inappropriate content, harass others, send spam, violate intellectual property rights, or engage in inappropriate behavior. Please act responsibly and reasonably.

Our Services aim to create a secure and supportive community for all users. To maintain a safe and positive environment, we require everyone to adhere to specific rules (the “Community Guidelines”) when posting User-Generated Content and using the Services. These guidelines often align with the principles of applicable law. Violating the Community Guidelines may result in criminal charges and civil liability. By using the Services, you agree that your User-Generated Content and use of the Services, including the Interactive Areas, will comply with the Community Guidelines. We retain the right to terminate your access to the Services if you violate the Community Guidelines.

No Inappropriate Content: Do not post content that harasses, threatens, harms, abuses, or embarrasses other community members. Avoid derogatory references related to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, as well as promoting violence against any individual or group. This includes perpetuating stereotypes about any group or community. Do not post defamatory, obscene, pornographic, offensive, hateful, inflammatory, or sexually explicit content. You may disagree respectfully with a message, post, or topic, but refrain from attacking other users by mocking or insulting them. If you are attacked by another user and reciprocate, you may face similar consequences.
No Hijacking, Trolling, or Flame-baiting: In forums, stay on topic in existing threads and create new threads in the appropriate forum. Taking a thread off-topic is considered hijacking. This also includes posts intended to provoke or incite uproar.
No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders: The use of the Services to promote or glamorize dangerously low levels of eating is prohibited. Avoid contributing content that promotes potentially unsafe or controversial weight loss products or procedures, profiles, groups, messages, posts, or photos that encourage anorexia, bulimia, or very low-calorie diets. This includes positive references to ana/mia, purging, or self-starving.
No Harm to Minors: Do not use the Services in a way that harms minors or anyone else.
No Disruptions, Exploits, or Resource Abuse: Do not interfere with or damage the operation of the Services through unauthorized use, disruption, automated attacks, exploitation, or resource abuse.
No Sending Spam and Junk Mail: Do not spam others via posts, replies, or messages.
No Illegal Content: Do not advocate, promote, or assist in any fraudulent or illegal acts, including violence, impersonation, and computer misuse.
No Soliciting Personal Data: Avoid posting or soliciting Personal Data of any third party, including photographs, telephone numbers, street addresses, last names, email addresses, and passwords in the Interactive Areas.
No Public Posting of Private Conversations: Do not publicly post an email or private message from any other user, moderator, or administrator.
No Breach of Legal Duty: Do not post Content that breaches any contractual or other legal duty owed to a third party.
No Deceptive or Fraudulent Links: Refrain from posting deceptive or fraudulent links, including those with misleading descriptions or misleading click-through links on images, or embedding links to interstitial or pop-up ads.
No Intellectual Property Infringement: Respect the intellectual property rights of others. Do not post someone else’s work without proper authorization, such as through a license or legal exceptions like fair use. If you believe User-Generated Content on our Services infringes your or others’ intellectual property, refer to the Intellectual Property/DMCA section in our Terms for guidance.
No Impersonating BoostandMaximize or Others: Do not post Content likely to deceive or impersonate any person, or misrepresent your identity or affiliation with any person, including BoostandMaximize. Creating an account to deceive other users or bypass a suspension is prohibited and may lead to a permanent ban from the Services.
No Automated Querying: Do not send automated queries to the systems and networks used to provide the Services without our express written permission.
Other: Avoid posting Content that, in our sole discretion, may be considered objectionable, inhibits others from using or enjoying the Services, or may harm or expose BoostandMaximize, our users, or our logos and marks to any harm or liability. These Community Guidelines are enforced at our discretion and do not create a duty or contractual obligation for us to act in any specific manner.

If we find that you are violating the Community Guidelines or other Terms, we may take appropriate actions, including but not limited to terminating your access to the Services, removing your User-Generated Content, taking legal action against you (in which case you agree to cover reasonable costs and attorney fees), or disclosing information to law enforcement authorities. We reserve the right to enforce or not enforce these Community Guidelines at our sole discretion, and they do not create a duty or contractual obligation for us to act in a particular way.

3.3 Reporting Objectionable User-Generated Content

In user-generated content sites, inappropriate content can sometimes be posted. While we endeavor to maintain a safe and secure community through user compliance with the Community Guidelines, you might come across objectionable content before we have the opportunity to remove it. If you encounter anything objectionable, please inform us.

Although we require all users to adhere to the Community Guidelines and retain the right to monitor for violations, we cannot guarantee that all users will consistently follow the Community Guidelines or these Terms. If you believe that any Content submitted to our Services violates the Community Guidelines or if you suspect that someone is misusing your User-Generated Content, please report it to our Support Team. We have the authority, though not the obligation, to review, take action, or remove any User-Generated Content that you report. When you use or access the Services, you may be exposed to User-Generated Content from various sources, and we are not responsible for its accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights.

We are not responsible or liable for any harm or injury you may experience due to objectionable User-Generated Content or another user’s failure to comply with our Community Guidelines.

4. Intellectual Property/ DMCA

If you believe that User-Generated Content or BoostandMaximize Content infringes on copyright or trademark rights under U.S. or other national law, please notify us immediately using the contact information provided herein. Our policy is to investigate any allegations of infringement brought to our attention. Please provide the following information in your notice of a suspected violation:

Identification of the infringed material.
Identification of the alleged infringing material, including its location, with sufficient detail to locate and verify its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
A statement by the Notifying Party expressing a good faith belief that the material is not authorized by the owner, their agent, or the law.
A statement, made under penalty of perjury, that the information in the notice is accurate, and the Notifying Party is authorized to file the complaint on the owner’s behalf.
A physical or electronic signature of a person authorized to act on behalf of the allegedly infringed material’s owner.

Please note that failing to comply with all the requirements in this section may render your notice invalid. Some information provided in an infringement notice may be forwarded to the user who posted the allegedly infringing content. Under Section 512(f) of the DMCA, in the U.S., any person who knowingly misrepresents that material or activity is infringing may be subject to liability. For more guidance on preparing or responding to a DMCA notice and for information about trademark rights, please visit www.copyright.gov and www.uspto.gov/trademark, respectively.

5. Third-Party Links and Services

Within our Services, we may provide links to, interact with, or have compatibility with third-party services and products, including social media platforms and external devices. It’s important to note that these third-party services have their own unique terms and privacy policies that govern your use of them.

5.1 Integration with Social Networking Services

Our Services offer features that allow you to link or log in using various third-party online services, such as social media platforms and social networking services like Facebook (“Social Networking Services”). To utilize these features, you may be asked to authenticate or log in via the respective service provider’s websites. As part of this integration, the Social Networking Services may share certain information you’ve provided to them with us, and we will handle this information in line with our Privacy Policy. It’s important to understand that the use, storage, and disclosure of your information by third-party services, including Social Networking Services, are solely governed by their own policies, and we are not responsible for their privacy practices or the actions of third-party websites or services that may be accessible through our Services. Additionally, we do not guarantee the accuracy, availability, or reliability of any information, content, products, data, opinions, advice, or statements made available in connection with Social Networking Services. Consequently, we are not liable for any damage or loss that may occur as a result of using or relying on such Social Networking Services.

6. Fitness and Wellness Activities and Dietary Guidance

Ensuring your health and well-being while striving to achieve your fitness and wellness objectives is a top priority for us. However, it’s crucial for users to exercise responsible judgment and common sense. Our Services are provided for informational purposes only, and we cannot be held accountable if you experience an injury or health condition. While much of the content shared by other users in our community is beneficial, it’s essential to remember that it comes from individuals on the internet and should not supersede sound judgment or professional medical advice.

6.1 Prioritizing Safety

Your safety is of great concern to BoostandMaximize. It is advisable to consult your healthcare providers and carefully consider the associated risks before engaging in any fitness, wellness, or dietary-related content or programs available through our Services (“Programs”). By using our Services, you confirm that you have received consent from your physician to participate in the Programs or related activities offered through our Services. You further affirm that you have consulted with your physician before making any dietary changes based on information obtained through our Services. Everyone’s physical condition and capabilities vary, and participation in the Programs and other activities endorsed by our Services is entirely at your own risk. If you decide to participate in these Programs and activities, you do so voluntarily, acknowledging all associated risks.

You explicitly acknowledge that your physical activities, which may generate the User-Generated Content you post or intend to post on our Services (such as workouts, exercises, etc.), entail inherent and significant risks, including property damage, bodily injury, or even death. You voluntarily assume all known and unknown risks associated with these activities.

Except as otherwise stated in these Terms, and to the maximum extent permitted by applicable law, we are not directly or indirectly responsible for any injuries, illnesses, or damages resulting from your use of the Services or any features thereof, including any content or activities you access through our Services, even if such injuries or damages are, in part or wholly, due to the actions, inactions, or negligence of BoostandMaximize or others.

6.2 Content Accuracy and Reliability Disclaimer

We do not guarantee the accuracy, reliability, completeness, or timeliness of any content available through our Services. We also do not commit to updating such content.

Furthermore, User-Generated Content, including advice, statements, or other information related to food, nutrition, dietary guidance, exercise, or training, may not originate from BoostandMaximize, and should not be relied upon without independent verification. User-generated content, whether publicly posted or privately transmitted, remains the sole responsibility of the user who created it. All information is provided “as is,” with no guarantee of accuracy or reliability.

In particular, our food database (“Food Database”) includes nutritional information contributed by both BoostandMaximize and BoostandMaximize members. Any user can add or edit nutritional data in the Food Database. It’s essential to understand that this nutritional information in the Food Database has not been reviewed by experts to ensure complete, accurate, or reliable data. BoostandMaximize does not (i) assure the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database, or (ii) endorse or take responsibility for the accuracy or reliability of such nutritional information. To the extent allowed by applicable law, we will not be liable for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring the accuracy, completeness, and usefulness of any nutritional information in the Food Database.

Not all users who may identify themselves as professional trainers or licensed dieticians are licensed in all applicable jurisdictions. BoostandMaximize has no obligation to verify the licensing status of users who claim to be licensed trainers or dieticians. If you represent yourself as a licensed trainer or dietician, you warrant that you are genuinely licensed for the services you provide in your jurisdiction. It’s essential to consider that even if a user is a licensed trainer in one jurisdiction, it does not mean they are licensed in the jurisdiction where other users access their advice. Thus, relying on advice from other users is at your own risk. To the extent permitted by applicable law, we will not be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by other users of our Services.

6.3 Not Medical Advice

All services provided through our Services, including content, are strictly for informational purposes. BoostandMaximize is not a medical professional, and we do not offer medical services or medical advice. Nothing within our Services should be interpreted as medical advice or diagnosis. The information and reports generated by us should not be used as a substitute for medical consultation, evaluation, or treatment, and should not be relied upon for medical decision-making, diagnosing, or treating health conditions or illnesses. Your use of our Services does not establish a doctor-patient relationship between you and BoostandMaximize.

For any questions regarding your health, you should consult with a physician or a healthcare professional before beginning any dietary programs, exercise routines, or any other fitness or wellness activities discussed or offered through our Services. If you are currently undergoing treatment for a health condition taking prescription medication, or following a therapeutic diet to treat an illness, you should consult your physician before using our Services. By using our Services, you confirm that you are not using them to seek medical attention. You also agree to consult your physician, especially if you are at risk for problems arising from exercise or dietary changes. If the information you obtain through our Services contradicts the advice of your physician, you should follow your physician’s guidance.

Our Premium Services provide access to specific, specialized content, such as fitness regimens and meal planning (“Plans”). These Plans are not a form of medical or health service. They do not involve diagnosing, treating, or providing advice for dietary or health conditions. There is no physician-patient relationship or fiduciary duty established through your interactions with our Plans. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE PLANS.

6.4 Nature of Success Stories

Success stories shared by users or BoostandMaximize may not reflect typical or accurate results obtained from specific fitness activities or diets. To the extent allowed by applicable law, BoostandMaximize assumes no obligation or liability for the accuracy, reliability, or effectiveness of fitness activities or dietary recommendations mentioned in user success stories.

6.5 Data Accuracy

Our Services are designed to provide you with information to support your wellness and fitness activities. Some of our Services involve tracking your physical movements and sleep patterns (referred to as “Activity Tracking Services”). These services rely on sensors and GPS functionality to monitor your movement or sleep. The data and information provided by Activity Tracking Services aim to represent your activity accurately, but it may not be entirely precise, including with regard to step counts, sleep data, distance, or calorie information. By using Activity Tracking Services, you acknowledge and agree that BoostandMaximize is not responsible or liable for any inaccuracies in this data.

For residents of New Jersey or the Netherlands:

Regardless of anything mentioned herein, nothing in these Terms limits or excludes our liability for losses or damages resulting from BoostandMaximize’s fraud, recklessness, gross negligence, or willful misconduct.

7. Modifications to the Terms

As our Services continue to evolve and improve, it may be necessary to make changes to these Terms.

7.1 Updates to these Terms

We retain the right to revise these Terms by (i) posting updated Terms within the Services, and/or (ii) providing prior notice of significant changes to the Terms, primarily through email when feasible or otherwise within the Services (e.g., via a notification on the BoostandMaximize website or in-app). Changes will not apply retroactively unless required by law.

On some occasions, we may request that you explicitly agree to or reject a modified version of the Terms. In such instances, the modifications will become effective when you agree to the updated Terms. If you do not agree at that time, you are not authorized to use the Services. In cases where we do not require your explicit agreement to the updated Terms, the modified version will take effect on the specified date in the Terms. Your continued use of the Services, including maintaining an account, signifies your acceptance of the revised Terms. If you do not agree with the modifications, you should discontinue your use of the Services.

8. Disclaimer of Warranties

Unless prohibited by law, BoostandMaximize explicitly disclaims all warranties, representations, and guarantees, whether oral or written, express or implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. The Services and all content are provided on an “as is” and “as available” basis with all faults. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. We do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus-free, error-free, or free from other harmful elements, or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You, therefore, expressly acknowledge and agree that the use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.

9. Limitation of Liability

We strive to provide the best Services possible, but we cannot guarantee perfection. We are not responsible for various issues that may arise from your use of the Services.

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall BoostandMaximize, its subsidiaries, partners, or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or Content of any third party or user of the Services, including without limitation, defamatory, offensive, or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content or Third-party Products accessed or used via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not BoostandMaximize has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of BoostandMaximize for any claim under these Terms, including for any implied warranties, is limited to the greater of five hundred dollars (US $500.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services, (b) the use, disclosure, display, or maintenance of a user’s Personal Data, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services, or goods received through or advertised on the Services or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 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.”

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by BoostandMaximize’s own fraud, recklessness, gross negligence, or willful misconduct.

10. Indemnification

If you are a resident of the United States or any location other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify and hold BoostandMaximize, its affiliates, and partners harmless from any claim or demand, including reasonable accounting and attorney’s fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your activities in connection with the Services, (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another user in person. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree to indemnify and hold BoostandMaximize, its affiliates, and partners harmless from any claim or demand as a result of your negligent or intentional behavior, including reasonable accounting and attorney’s fees, made by any third party due to or arising out of (a) the Content (including User-Generated Content) you access through the Services; (b) your violation of these Terms, (c) your use or misuse of any user’s Personal Data, (d) any violation of the rights of any other person or entity by you, or (e) your employment of the Services to meet another user in person. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of BoostandMaximize’s own fraud, recklessness, gross negligence, or willful misconduct.

11. Governing Law

If you are a resident of the United States or any non-European Union location: These Terms shall be governed by and construed in accordance with the laws of New York and controlling U.S. federal law as applicable, without regard to its conflict of law principles.

If you are a resident of the European Union: These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

12. Disputes and Arbitration, Class Action Waiver, Jurisdiction, and Venue

If you are a resident of the United States:

Arbitration Agreement

YOU AND BoostandMaximize AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (A “DISPUTE”) TO BINDING ARBITRATION. To the maximum extent permitted by applicable law, you and BoostandMaximize agree that any disputes arising out of or related to your use of the Services (a “Dispute”) will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. Such dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of Disputes relating to your general use of the Services under the Consumer Arbitration Rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.

Any arbitration between you and us, to the extent necessary, will be conducted remotely as provided below.

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory, and any defense to arbitration), and these Terms, except that a court may resolve any question regarding the validity or enforceability of the class action waiver set forth in this Arbitration Agreement. The term “Dispute” and the requirement to arbitrate will be broadly interpreted.

Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

You also acknowledge and understand that with respect to any dispute with us arising out of or relating to your choice to maintain an account, access, or use the Services:

You are giving up your right to have a trial by jury;
You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
You must file any claim within one (1) year after such claim arose or it is forever barred.

Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association’s rules. BoostandMaximize will reimburse you for those fees up to $5,000 unless the arbitrator determines your claims are frivolous. Likewise, BoostandMaximize will not seek attorney’s fees and costs in arbitration unless the arbitrator determines your claims are frivolous.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH BOOSTANDMAXIMIZE THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and emailed to BoostandMaximize. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number, and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in New York, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and BoostandMaximize agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and BoostandMaximize waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor BoostandMaximize may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

This agreement to arbitrate will not preclude you or BoostandMaximize from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or BoostandMaximize from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of BoostandMaximize’s intellectual property rights.

13. International Terms

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.

We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the United States, and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) You consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United States and/or other countries; (ii) if you are using the Services from a location embargoed by the United States or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations, including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which would subject BoostandMaximize or its affiliates to any registration requirement within such jurisdiction or location.

The names used for countries or regions in these Terms, the Privacy Policy, and any associated features or documentation are based on the United Nations Terminology Database.

If you are a resident of the European Union, Hong Kong (SAR of China), Russia, New Zealand, or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities, or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.

If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

If you are a resident of Germany, France, Austria, or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.

If you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Contract Act.

If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, any modification to these Terms will be announced on the website prior to the effective date thereof; provided you do not express intent to refuse such modification or change after a reasonable period of time following such announcement, it is deemed that you have consented to such modification or change.

14. Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 8 (Fitness and Wellness Activities and Dietary Guidance), 10 (No Warranties), 11 (Limitations of Liability), 12 (Indemnification), 14 (Disputes and Arbitration, Jurisdiction and Venue), and 16 (Survival).

15. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if your email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

16. Contact Us

If you have any feedback, questions, or comments about the Services, please contact our Support Team as detailed here by dropping an email, and include the subject as “Attn: –BoostandMaximize Terms and Conditions of Use”. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.