Basic Terms 1. You must be at least 13 years old to use the Service. 2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or users, Boost prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Boost upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. 3. You agree that you will not solicit, collect or use the login credentials of other Boost users. 4. You are responsible for keeping your password secret and secure. 5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. 6. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws. 7. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service. 8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Boost. 9. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Boost users. 10. You must not use domain names or web URLs in your username without prior written consent from Boost. 11. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Boost page is rendered or displayed in a user's browser or device. 12. You must comply with Boost’s Privacy Policy. 13. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. 14. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Boost terms. 15. Violation of these Terms of Use may, in Boost sole discretion, result in termination of your Boost account. You understand and agree that Boost cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Boost, we can stop providing all or part of the Service to you. General Conditions 1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Boost account by logging into the Service and completing the form available here: https://getBo0st.com/accounts/remove/request/. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your goals, comments, points, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your profile), but those materials and data may persist and appear within the Service. 2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. 3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. 4. We reserve the right to refuse access to the Service to anyone for any reason at any time. 5. We reserve the right to force forfeiture of any username for any reason. 6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use. 7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Boost is not responsible or liable for the conduct of any user. Boost reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information. 8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Boost does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Boost is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Boost has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Boost Parties (defined below) harmless for activity related to the Application. 9. You agree that you are responsible for all data charges you incur through use of the Service. 10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Boost’s express consent). Rights 1. Boost does not claim ownership of any Content that you post on or through the Service. Subject to the Service's Privacy Policy, available here http://getBo0st.com/legal/privacy/. 2. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. 3. The Service contains content owned or licensed by Boost ("Boost Content"). Boost Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Boost, Boost owns and retains all rights in the Boost Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Boost Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Boost Content. 4. The Boost name and logo are trademarks of Boost, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Boost, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Boost, and may not be copied, imitated or used, in whole or in part, without prior written permission from Boost. 5. Although it is Boost’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Boost reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Boost, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Boost encourages you to maintain your own backup of your Content. In other words, Boost is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Boost will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. 6. You agree that Boost is not responsible for, and does not endorse, Content posted within the Service. Boost does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. 7. Except as otherwise described in the Service's Privacy Policy, available at http://getBo0st.com/legal/privacy/, as between you and Boost, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Boost is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Boost in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Boost, and Boost will not be liable for any use or disclosure of any Content you provide. 8. It is Boost’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Boost does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Boost is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you. Terms and Conditions ("Terms") Last updated: ( add date) Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the h ttp://www.mywebsite.com (change this) website and the M y Mobile App (change this) mobile application (the "Service") operated by M y Company (change this) ("us", "we", or "our") Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Links To Other Web Sites Our Service may contain links to third party web sites or services that are not owned or controlled by M y Company (change this). My Company (change this) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that M y Company (change this) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 3 0 (change this) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Contact Us If you have any questions about these Terms, please contact us. _____________________________________________ Terms and Conditions of Boost This contract is between you ("User") and getBo0st.com, Boost mobile application, DarkMatter Application Inc. ("Boost"). Boost owns the website located at www.getBo0st.com (the website, the mobile application, any subdomain thereof, any goal-setting portal hosted by Boost, any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network, the "Website"). The Parties hereby agree as follows: 1THE COMMITMENT 1.1The Commitment. user promises that he or she will perform his or her commitment (the "Commitment") as specified on the page summarizing user's commitment that is displayed on the Website when user accepts the Commitment Contract (the "Commitment Summary Page"). The data used to generate the Commitment Summary Page will be uniquely identified and retained by Boost so that the Commitment Summary Page can be automatically generated in the future. 1.2Risk of Failure to Keep Commitment. user acknowledges that there exist circumstances within or beyond user's control that may prevent user from achieving the Commitment. user and Boost agree that it is a basic assumption of the parties in making this contract that user will bear the risk of any inability to achieve the Commitment. user understands that user is solely responsible for the identification and description of the Commitment as specified in the Commitment Summary Page and THAT user BEARS ALL RISK ASSOCIATED WITH SUCH COMMITMENT, including, but not limited to, user's efforts to satisfy the Commitment and user's ultimate Success or Failure in achieving the Commitment. In addition, user understands that user is solely responsible for any loss, damage, illness, injury or death to person or loss or damage to property related in any way to the Commitment or user's efforts in connection with the Commitment. 2CHILDREN UNDER AGE 18 2.1Commitment Contracts may not be appropriate for children. Children under age 13 are prohibited from creating Commitment Contracts and user REPRESENTS AND WARRANTS THAT user IS NOT UNDER AGE 13. Boost recommends that children age 13 to 18 talk with their parents or guardians before creating a Commitment Contract. Individuals under age 18 are prohibited from creating Commitment Contracts with Commitment Stakes. 3REFEREES 3.1Applicability. The terms of this paragraph 3 apply if and only if a Referee is designated in the Commitment Summary Page or on the Commitment details page. 3.2The Referee Report. user agrees that reports from the Referee shall be binding as to (i) whether user has adequately cooperated in the Referee's attempts to verify whether user has kept the Commitment and (ii) whether user has failed to keep the Commitment. Reports of Failure from either user or the Referee will trigger the emails and charges described below in paragraphs 5 and 6. user acknowledges that Boost has not endorsed or warranted, and has no duty to verify, the accuracy of the Referee's reports. user also acknowledges that Boost does not verify the identity of anyone logging into the Referee's account and that Boost will accept any reports from the Referee's account as being from the Referee. user and Boost agree that it is a basic assumption of the parties in making this contract that user will bear the risk that the Referee reports to Boost might be inaccurate. 3.3Relationship between Referee and parties to the Commitment Contract. The Referee is not a party to this contract. user and Referee may agree to any procedure to be followed so that Referee may verify user's progress towards his or her Commitment. user agrees to cooperate with Referee to conduct any agreed verification procedure for user's commitment. user agrees that the Referee has sole discretion to determine whether user has adequately cooperated. user is free to enter into contracts with the Referee under which user may compensate the Referee or a third-party for any verification procedure. Under no circumstances will Boost be obligated under this Agreement to compensate the Referee or a third-party for any verification procedure or agreement entered into between the user and the Referee. 4REPORTS 4.1Filing Reports. user promises that he or she will make all required reports to user's account at the Website by the required date or dates specified in the Commitment Summary Page. user acknowledges that there exist circumstances within or beyond user's control that may prevent user from making a required Report in a timely manner. These circumstances include (but are not limited to) the possibility that user will not have access to the Internet. If Boost permits late filing of a report, user agrees to follow any rules Boost adopts regarding such late filing. user and Boost agree that it is a basic assumption of the parties in making this contract that user will bear the risk of any inability to report. 4.2Failure. user shall be deemed to have failed in a reporting period (a "Failure") if, subject to any extension procedure Boost adopts in accordance with paragraph 4.1: (a) user reports that user has failed to achieve the Commitment; or (b) Referee reports that user has failed to achieve the Commitment for that reporting period (even if user reports Success); or (c) user fails to make a required Report by the end of the second day (11:59 p.m. EST) following a required reporting day. 4.3Success. user shall be deemed to have succeeded in a reporting period (a "Success") if user has not reported Failure, as defined in Paragraph 4.2. 5EMAILING THIRD PARTIES 5.1user authorizes Boost to send emails to the Referee reporting user's Success or Failure in (i) making mandated Reports, and (ii) keeping the Commitment. A Referee may opt out of receiving further emails. 5.2If user has designated one or more "Supporters," user authorizes Boost to send emails to these people reporting user's (i) Success or Failure, and (ii) filing of mandated Reports. Any Supporter may opt out of receiving further emails. 6TERMS FOR FINANCIAL COMMITMENT CONTRACTS 6.1user understands that if, as described in the Commitment Summary Page, user has elected an amount of money to be at risk in each reporting period in the event of Failure ("Commitment Stakes") then such Commitment Stakes are governed by this paragraph 6. user further understands that user is not entitled to any interest on any Commitment Stakes held by Boost pursuant to this paragraph 6. 6.2user Representations. user represents that the total of all Commitment Stakes authorized by user is less than 10 percent of user's annual income. 6.3Payment and Billing. If the Commitment has Commitment Stakes, then user agrees to provide Boost with certain information, including without limitation, user's full name, address, telephone number, credit card information, and bank account information. user agrees to provide Boost with the foregoing information as well as any other mandatory information that is accurate, complete and current. Boost will maintain such information in secure, encrypted form and in accordance with any applicable laws. user shall be responsible for all charges incurred as a result of user's Commitment, including any applicable taxes. If payment cannot be charged to user's credit card or if a charge is refunded for any reason, including chargeback, Boost reserves the right to immediately and without notice, either suspend or terminate user's access and account, thereby terminating all of Boost's obligations under this Agreement. user is required to pay any amounts still owed to Boost at the time user's account is suspended or terminated. 6.4Payment Processing. If the Commitment has Commitment Stakes, then user authorizes Boost to charge user's credit card in one of two methods: (i) Pay-as-you go, and (ii) Prepayment. 6.4.1Pay-as-you go. If Prepayment is not selected because that option is either not offered by Boost or not selected by user, then user authorizes Boost to charge user's credit card only upon Failure; such charge shall equal the Commitment Stakes for that reporting period ("Forfeited Stakes"). user understands that such a charge could occur in each and every reporting period. 6.4.2Prepayment. This paragraph governs the treatment of user's Prepayment if one is specified in the Commitment Summary Page. The Prepayment is the amount that user authorizes Boost to charge user's credit card to cover the Commitment Stakes of multiple reporting periods at the time of entering into the Commitment Contract. If user reports Failure pursuant to paragraph 4, Boost will deduct from the user's Prepayment the Commitment Stakes for that reporting period ("Deducted Stakes"). user understands that such a deduction could occur in each and every reporting period. Boost may return any remaining portion of the Prepayment (without interest) to user at the end of the contract. The Prepayment is owned by Boost and Boost has at most a contingent, non-fiduciary duty to transfer amounts to the user or to Designated Recipients pursuant to paragraph 6.5. If Boost deducts from the user's Prepayment during the term of the Commitment Contract, user authorizes Boost to charge user's credit card or electronic payment system an amount sufficient to replenish the Prepayment to maintain a constant amount throughout the term of this Commitment Contract. If for any reason user is more than 2 weeks late in replenishing the Prepayment under this paragraph, user authorizes Boost to treat the remaining Prepayment as Deducted Stakes and agrees that the contractual obligations of both sides will come to an end. user and Boost agree that it is a basic assumption of the parties in making this contract that user will bear the risk of any inability to replenish the funds in a timely manner. 6.5Transfers. user agrees that Boost will transfer Forfeited Stakes and Deducted Stakes, less certain fees and transaction costs charged by Boost, as described in paragraph 6.5.4, ("Transferrable Stakes") to the third party friend/foe, charity or anti-charity, or other person or entity (including Boost itself), as identified in the Commitment Summary Page (or if updated with Boost customer service, the user's Commitment details page) that user has designated as the party or entity to receive a portion of the user's Commitment Stakes ("Designated Recipient"), provided that the Designated Recipient may not be the user and Boost may, in its sole discretion, cancel the Commitment Contract of user if Boost determines that the Designated Recipient is the user. The parties intend that neither Boost nor user will take any charitable tax deduction for any contribution made to charity pursuant to this contract. Boost has no liability to user or any Designated Recipient for any shortfall in the amount of funds made available by user to Boost to pay the Designated Recipient. Under no circumstances is Boost obligated to make transfers to third parties beyond the Transferrable Stakes. 6.5.1Transfers when the Designated Recipient is a Friend/Foe. It is the responsibility of the user or, if appropriate, the Designated Recipient to provide Boost with the correct information for transmitting Transferrable Stakes to a Designated Recipient and Boost shall have no obligation to verify such information. Boost's only obligation shall be to attempt to transmit Transferrable Stakes in accordance with transmission information provided to Boost by the user or the Designated Recipient. If Boost is unable, after good faith efforts, to transmit Transferrable Stakes to the Designated Recipient within a period of 90 days following the completion of the Agreement, the user authorizes Boost to contribute the Transferrable Stakes to a person or entity of Boost's choosing, including Boost itself. 6.5.2Transfers when the Designated Recipient is a charity or anti-charity. Boost's only obligation shall be to attempt to transmit Transferrable Stakes in accordance with transmission information provided to Boost by the Designated Recipient. If Boost is unable, after good faith efforts, to transmit Transferrable Stakes to the Designated Recipient within a period of 90 days following the completion of the Agreement, the user authorizes Boost to contribute the Transferrable Stakes to a person or entity of Boost's choosing, including Boost itself. If a Designated Recipient is an anti-charity and rejects the Transferrable Stakes (or Transferrable Stakes associated with another user's commitment), then user authorizes Boost to change the Designated Recipient to charity for reporting periods beginning after such rejection. 6.5.3Timing of transfer to Designated Recipient. The actual distribution of Transferrable Stakes will occur, at Boost's sole discretion, either periodically during the term of the Commitment or upon such schedule as Boost may adopt. 6.5.4Fees. In order to pay transaction costs and compensate Boost for its services under this Agreement, Boost charges the following Fees. Unless set forth otherwise in supplemental terms to this Commitment Contract, Boost's Fee, which is deducted from Forfeited Stakes and Deducted Stakes to calculate Transferrable Stakes, shall be: (a) for all Commitment Contracts for which the Designated Recipient is a friend or foe, the greater of $1.00 or the transaction costs actually incurred by Boost in such transactions; (b) for all Commitment Contracts for which the Designated Recipient is an anti-charity, 50% of all Forfeited Stakes and/or Deducted Stakes plus any electronic processing fees incurred by Boost; and (c) for all other contracts, 19.5% of all Forfeited Stakes and/or Deducted Stakes plus any electronic processing fees incurred by Boost. Boost pays all transaction costs; the Fees do not represent any additional cost to the user. 7TERMS FOR HEALTH AND FITNESS RELATED CONTRACTS 7.1user Representations. user represents that user has not been diagnosed with an active condition of anorexia or bulimia nervosa, respiratory disease, heart condition or any other condition that would make the Commitment unhealthful. 7.2Health Disclaimer. Boost is not a medical organization. Nothing contained in this contract or on the Website should be construed as medical advice. The information and goal-tracking reports generated by Boost should not be interpreted as a substitute for physician consultation, evaluation, or treatment. user acknowledges that Boost has no knowledge of user's health condition and that user alone is responsible for whether the Commitment poses any health or other risks to user. user is urged and advised to seek the advice of a physician before beginning any health or fitness contract. Health and fitness contracts are not intended for use by persons with an adverse health condition or who are pregnant. Pregnant women and individuals with adverse health conditions are specifically warned to seek professional medical advice prior to initiating any form of health or fitness Commitment. 8WARRANTIES AND LIMITATION ON LIABILITY 8.1This site and all materials contained on it are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. 8.2IN NO EVENT WILL Boost OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE EITHER IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR UNDER ANY STATUTE, REGULATION OR ANY OTHER THEORY, TO user OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM, OUT OF OR IN RELATION TO OR IN CONNECTION WITH THIS AGREEMENT OR user'S COMMITMENT, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, Boost's liability to user for any cause whatsoever, and regardless of the form of the action, in no case will exceed the lesser of user's Commitment Stakes for the specific Commitment at issue or $1,000. user acknowledges that if no fees are paid by user to Boost for the service, user shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Boost, regardless of the cause of action. 9TERM AND TERMINATION 9.1Term. This Agreement shall terminate upon Success or Failure in the final report as identified in the Commitment Summary Page. 9.2Cancellation. user agrees that this Commitment Contract may not be cancelled except as set forth in this Paragraph 9.2. This Commitment Contract may be cancelled by user if and only if a licensed physician faxes a completed and signed copy of the Boost "Medical Excuse" form (which can be downloaded here) to the fax number indicated on the form. After Boost contacts the physician or otherwise verifies that user's medical excuse form is genuine, all remaining obligations under this contract will end. user also agrees Boost has the authority to cancel any contract that Boost, in its sole discretion, deems to be inappropriate, unhealthful, illegal, against public policy, or based on false information provided by the user. 9.3Refund Policy. Boost does not provide refunds of Forfeited Stakes except in one circumstance: (1) user cancels the Commitment Contract pursuant to Paragraph 9.2, and (2) following Boost's receipt of such Medical Excuse form, user has a Failure resulting in a charge to user's credit card under Paragraph 6. In order to obtain a refund, user must provide user's correct e-mail address and mailing address to Boost. Boost will not be liable for any claims that a refund has been delayed if such delay was a result of an incorrect email address or mailing address provided by user to Boost. The user is responsible for providing a correct/working e-mail address. Boost reserves the right to modify this Refund Policy at its discretion, or against any user it believes is abusing this policy. 10ALTERNATIVE DISPUTE RESOLUTION CLAUSE 10.1user and the Company agree that all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement ("Dispute(s)") shall be submitted first to non-binding mediation. If the Dispute is not resolved through such mediation, then the Dispute shall be submitted for binding arbitration in Maryland in accordance with the Consumer Procedures and Rules of the American Arbitration Association. user understands and hereby agrees that Disputes shall be arbitrated on an individual basis and that there shall be no right or authority for any Dispute to be arbitrated on a class action basis or in any other representative capacity on behalf of other persons similarly situated. In addition, Disputes brought to arbitration pursuant to these Terms and Conditions of Commitment Contract may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration result is to be given preclusive or precendential effect as to issues or claims in any Dispute with anyone who is not a party to the arbitration. Costs of arbitration shall be borne equally by both parties and upon resolution by the arbitrator, the losing party shall reimburse the prevailing party. 11CHOICE OF LAW AND MERGER CLAUSE 11.1This Agreement shall be governed by the internal laws of the State of Maryland determined without reference to principles of conflicts of law. 11.2This Agreement sets forth the complete understanding and agreement of the Parties with respect to the transactions contemplated by this Agreement and supersedes and merges all previous understandings and agreements, whether oral or written, between the Parties relating to these transactions. (except this agreement does not supersede the Terms of Use which is incorporated herein by reference). 11.3Each Party acknowledges that, in agreeing to enter into this Agreement, it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Agreement and any documents referred to in it) made by or on behalf of any other Party or any other person whatsoever before the execution of this Agreement. This Agreement may not be modified except by a writing subscribed to by authorized representatives of both parties. 12CERTIFICATIONS, DISCLAIMERS, ACKNOWLEDGEMENTS 12.1Boost warrants and affirms and user acknowledges that: 12.1.1 Boost is not engaged in identifying Supporters or Referees and does not know their location, 12.1.2 Boost is passively receiving the email address for Supporter(s) and the system will automatically send an email to that address. At no point during this process does Boost have any knowledge of the location of the recipient or take any interest in directing the email towards a particular location. 12.2No person (including any Designated Recipient or Referee), other than user and Boost, shall have any rights under this Commitment Contract, it being the intent of the parties that there shall be no third party beneficiaries. 12.3Boost is not a legal organization. Nothing contained in this contract or on the Website should be construed as legal advice. This contract is void where prohibited by law. 12.4user agrees that user has not paid Forfeited Stakes for the purpose of, or in connection with, the sale, transfer, encumbering, or leasing of property (real or personal) or for any other purpose which would cause the Forfeited Stakes to be deemed an escrow arrangement. user agrees that the Forfeited Stakes are the property of Boost and that Boost does not hold the Forfeited Stakes in an escrow or any fiduciary capacity. 12.5user certifies that user has read and understands the above and agrees to the terms and conditions as signified by clicking the "I accept this Commitment Contract" icon at the bottom of Commitment Summary Page.
This privacy policy governs your use of the software application Boost, created by DarkMatter Application Inc. The app uses social and financial stakes to help you follow-through, including integration with the iOS Health app to help you accomplish your goals. . What information does Boost obtain and how is it used? Boost accesses data from the Health app in a read-only manner once you explicitly allow it (using the system-level iOS permissions mechanism). Boost only reads Health data based on the goals you have created in order to check if the goal is complete. Boost does not transmit any data read from the Health app across the Internet to any server. Depending on the specific goal you choose to create, Boost may request read-only access to one of the following sources of data within the Health app: ● Steps ● Walking + Running Distance ● Standing Hours ● Active Calories Burned ● Weight ● Hours Slept ● Workouts ● Water Consumption ● Cycling distance ● Mindfulness minutes ● Calories consumed Automatically Collected Information Boost may record anonymous non-identifiable data automatically related to usage patterns within the app. This data may include, but is not limited to, the type of mobile device you use and your mobile operating system. Does Boost collect precise real-time location information of the device? No, Boost does not collect precise information about the location of your mobile device. Do Third Parties See or Have Access to Information Obtained By The Application Boost does not transmit any data read from the Health app across the Internet to any server. Only aggregated, anonymous data is periodically transmitted securely to an external analytics service to help us improve Boost. This data is not disclosed to any other third parties, except in the following cases: ● as required by law, such as to comply with a subpoena, or similar legal process; ● when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; ● if Boost is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via a prominent notice on this Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information. What are my opt-out rights? You may opt-out of anonymous analytics collection by Boost by uninstalling the app using the standard iOS app uninstall process. Changes This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at this URL (http://getBo0st.com/privacy.html). You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. Your Consent By using Boost, you consent to the processing of your information as set forth in this Privacy Policy. About Last updated Tuesday, Jan 1, 2017. Inquiries: hit@getBo0st.com Privacy Policy Boost, DarkMatter Application Inc. ("Boost", "we", "our", "us") knows that you care about how your personal information is used and shared, and we take your privacy very seriously. Please read the following to learn more about our privacy policy. By visiting the Boost website, and downloading the Boost app from the App Store, you are accepting the practices outlined in this Privacy Policy. What this Policy Covers. This Privacy Policy covers Boost’s treatment of personal information that Boost gathers when you are on the Boost app, and when you use the www.getBo0st.com website. This policy does not apply to the practices of third parties that Boost does not own or control, or to individuals that Boost does not employ or manage. // U.S. - Swiss Safe Harbor Framework Boost complies with the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information Switzerland. Boost has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Boost’s certification, please visit http://www.export.gov/safeharbor/ Boost.com, LLC participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Boost.com, LLC is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. Boost.com, LLC is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Boost.com, LLC complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Boost.com, LLC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Boost.com, LLC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. // Information Collected by Boost. We collect the following types of information from Boost users: ● Information You Provide to Us. We receive and store any information you enter on our app or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. ○ Registration: In order for you to use Boost services you must create an account by registering with your Facebook account.. As part of the registration, we require select personal information (including your full name, email address, birth date, and your friends list). ○ User Profile: To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information in your User Profile. This information may include anything typed into your personal notepad. The notepad is only viewable by you. The User Profile also includes the number of goals you have completed, and the number of goals you have made. ○ Goal Creation: To create a goal a user provides a variety of information outlining the details of their goal; this information varies widely depending on the nature of the goal to which the user is committing. Boost will collect payment information (such as credit card number, expiration date, or bank account numbers for Automated Clearing House (ACH) transfers). ○ Orders: If you purchase a product or service through Boost, then Boost will collect billing information (such as credit card number, expiration date, or bank account numbers) and address information (such as name, email address, and shipping address). ○ Blogs: If you use a blog on Boost, then you should be aware that any personal information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums. ● Automatic Information. We receive and store certain types of information whenever you interact with us. Boost and its authorized agents automatically receive and record certain "traffic data" on their server logs. Boost uses this traffic data to help diagnose problems with its servers, analyze trends and administer the app. Boost may collect and, on any page, display various aggregate counts of the times that pages have been viewed. This includes User Profile pages. We may combine this automatically collected log information with other information we collect about you. We do this to improve our services and site functionality. Use of information by Boost. Boost uses your information to contact you about your goal; to bill users who have agreed to post goal stakes or purchase products through the site; to fulfill product orders; to contact you about Boost-related news, features, products, surveys, promotions, updates and/or special offers; to facilitate notifications based on your goal deadline. Email Communications. ● Based upon the personal information that you provide to us, we will send you a welcome email after you have registered with Boost. Boost may send out emails in response to your inquiries, to manage your account and to facilitate the actions described above in the “Use of information by Boost” section. You may receive notification emails from Boost, which inform you of actions performed on the app (e.g. goal notifications). ● If you do not want to receive email from us, please follow the instructions contained in the unwanted email message. However, please note that in all cases you will continue to receive certain system emails (e.g. those regarding forgotten user passwords and related to success and failure in on-going goals you have created for yourself) and legal notices (e.g. updates to our policies) from us. If you wish to stop receiving these emails you may deactivate or suspend your account. ● If you have provided us information to invite a third party to the app, then we will automatically send that third party email inviting him or her to visit the site. Your friend may contact us through the link on the bottom of the email to request that we remove their information from our database. Cookies and Other Tracking Technologies. We at Boost, DarkMatter Application Inc. and our partners use technologies such as cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. Sharing Your Information. Although we may share non-personal information, such as aggregate user statistics, demographic information, and website usage information with third parties, rest assured that we will share your personal information only as described below. ● Agents/Service Providers: Boost employ third parties to perform functions on our behalf; examples include hosting or operating the Boost app and website, fulfilling orders for products and services purchased through the Boost websites, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the Boost’s behalf. ● Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Boost, or substantially all of its assets, were acquired, user information would be one of the assets that is transferred. ● Protection of Boost and Others: In certain situations, Boost, DarkMatter Application Inc., may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may release personal information when we believe in good faith that release is necessary to comply with a law; to enforce or apply our Terms of Use and other policies; or to protect the rights, property, or safety of Boost, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We also reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on Boost. ● With Your Consent: Except as noted above, Boost will not provide users' personal information to third parties or use it for a purpose incompatible with the purpose(s) for which it was originally collected without their prior permission. Keeping Information Secure. ● The security of your information is of paramount importance to us. Your Boost account information is protected by a password for your privacy and security. In addition, we follow generally accepted industry standards to protect the personal information of our users, both during transmission and after we receive it. Boost strives to use reasonable security to protect your personal information, including use of encryption, firewalls, and hashing on select types of information collected by Boost. When you enter sensitive information (such as credit card numbers or bank account information) during the goal creation process or on our order forms, we encrypt your information with reasonable security during transmission. ● You can enhance your security by protecting against unauthorized access to your password ● All of our employees are kept up to date on our privacy and security practices. Ways to Control Display and Use of Your Information. ● You can always opt not to disclose information, but then you may be unable to use certain features on our website. ● Upon request Boost, DarkMatter Application Inc., will provide you with information about whether we hold any of your personal information. By visiting your Settings, you can correct, amend, add or delete your personal information that is on our app. When you update information, however, we often maintain a copy of the unrevised information in our records as part of our normal back-up procedures and so that we can comply with any future requests for such information in conjunction with future legal proceedings. ● You may request access to any Personal Information that we have collected that is not available on your User Profile page so that you may correct any inaccuracies or request deletion of that information; we will respond to your request within a reasonable timeframe. ● You may also request deletion of your Boost account if you Contact Us. We will respond to requests within a reasonable timeframe. ● We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Children. ● 13 to 18 Years of Age. We recommend that children age 13 to 18 talk with their parents before posting information about themselves on the Internet. ● Under 13 Years of Age. Children under age 13 are prohibited from registering to use the Boost website. If you are under 13 years old, please do not attempt to register with this site or send any information about yourself to us. Boost does not knowingly allow users under age 13 to register nor does Boost knowingly collect information about children under age 13. If we learn that Boost has collected information from a child under the age of 13, we will delete that information as quickly as reasonably possible. If you believe that Boost may have information from or about a child under 13 years old, please Contact Us. Changes to this Privacy Policy. Boost may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes to the Privacy Policy, we will notify you here, by email, or by posting an announcement on the Boost website prior to the change becoming effective so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed. Conditions of Use. If you decide to use the Boost app, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of Canadian law. Effective Date of this Privacy Policy. This Privacy Policy is effective as of Jan 1, 2017 and last updated Jan 1, 2017. The original privacy policy was posted here on Jan 1, 2017. Contact Information. ● Boost, DarkMatter Application Inc. ● www.getBo0st.com ● Email: hello@getBo0st.com ● Twitter: @getBo0st ____________________________________________________