BUSINESS BOX, LLC. TERMS AND CONDITIONS LAST UPDATED ON October 28, 2022.
These terms of service (“agreement”) are a legal agreement between you (“you”, “your”, or “Customer”) and Business Box, LLC doing business as Boss Club. (“we” or “Business Box” or "Boss Club), the owner and operator of the bossclub.com website (the “site”). This agreement states the terms and conditions that govern your use of the site and the products sold on it. By accessing and using the site, you are indicating that you accept, and agree to comply with, this agreement. If you do not accept this agreement, you are not permitted to, and you must not, access or use the site or purchase products from, or subscription to, the site. By purchasing any products or services or signing up for a Subscription (as defined below), you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence, or if you are under the age of majority in your jurisdiction of residence, that you are at least 13 years old, and that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold harmless Boss Club if said minor breaches or disaffirms any term or condition of this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD'S USE OF THE WEBSITE. IF YOU ARE SCHOOL PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN SERVICE AGREEMENT WITH BOSS CLUB THAT ACCEPTS THESE TERMS ON BEHALF OF SCHOOL USERS.
1 – CHANGES TO TERMS, PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the Site. Boss Club may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
2 – USE OF SITE, Registration and Account
2.1 Eligibility; Accounts. THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY BOSS CLUB OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS).
2.2 By clicking the "I Agree" button or by otherwise using or registering an account for the Services, you represent that (i) you are a US resident at least 13 years of age, or (ii) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian, or by your school or teacher for school use. You also represent that you have not been previously suspended or removed from the Services by Boss Club, and that your registration and your use of the Services is in compliance with any and all applicable laws.
2.3 Account. In order to use certain features of the Services, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Boss Club, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Boss Club at email@example.com. You may be liable for the losses incurred by Boss Club or others due to any unauthorized use of your Services account.
2.4 Child User. If you are under the age of 13 (a "Child User"), you may not create or register an account for the Services without consent and approval from your legal parent or guardian, or from your school as provided in Section 1.6 ("School Use"). If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as provided in Section 1.6, a Child User that begins the registration process for himself or herself without a Parent User (as defined below) may have the registration process restricted until a parent approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through certain educational organizations or, in certain cases, by School Personnel that have entered into a relationship directly with Boss Club, so long as the education organization has obtained parent or guardian consent, or has complied with an exemption to parent consent requirements under applicable law. A Child User will only be permitted to use the Services for so long as Boss Club reasonably believes that such access has been consented to by the Child User's parent or guardian, or by School Consent (as discussed in Section 1.6, "School Use").
2.5 Parent User. If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services ("Parent User"). Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER'S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Boss Club may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Boss Club deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Boss Club reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT BOSS CLUB CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND BOSS CLUB IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER'S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER'S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Boss Club at any time and without warning for any failure to abide by these Terms.
2.6 School Use. Boss Club may make available certain features and tools that permit Users registered as teachers, school leaders, aides, or other similar school personnel ("School Personnel") to work with students and other Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school's curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an "Institution"), the following terms apply to you:
(a) Limitations on Use. The Services and Website are provided to you for educational purposes as part of the school curriculum. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.
(i) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99 (collectively, "FERPA"), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, "Applicable Privacy Law").
(iii) You assume sole responsibility (and hereby agree that Boss Club is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use (including use of Linked Accounts referred to in Section 1.8), and disclosure of personally identifiable information to Boss Club in connection therewith. You represent and warrant to Boss Club that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including:
under FERPA, you have complied and will comply with the "school official" exception, or the "directory information" exception thereunder; andunder COPPA, with respect to Students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student's personal information.
We refer to this as "School Consent". If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify Boss Club to discontinue that Student's access to the Services and ensure that such Student's information is no longer accessible through the Services. Under no circumstances will Boss Club be liable for the School Personnel's failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.
(c) Identification of School Accounts. Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the Institution's use of the Services ("School Accounts"). If the Institution has a separate written service agreement with Boss Club that includes rostering services for your Institution, accounts provided for classroom use will be School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as "School Accounts," the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, or similar Integrated Service (to the extent we support use of such Integrated Service)), or (2) created by a School User at the direction of a School, in each case, using a School email address and associated with a School's class on the Service. User accounts created with a personal email address will not be considered School Accounts, and will be administered as personal accounts. If you have questions about how to create School Accounts that are associated with a School's class on the Service, please contact our customer support team at firstname.lastname@example.org.
(d) Use of Integrated Services in School Accounts. If you are School Personnel and you choose to allow your students to log in on the Services using an Integrated Service, such as Google Classroom or Clever (to the extent we support use of such Integrated Service), you are responsible for educating your students on the proper use of Integrated Services and protecting their accounts. See Section 1.3.
2.7 School Districts. Boss Club may enter into supplemental written agreements with school districts with respect to use of the Services on a district-wide basis ("District Agreements"). Pursuant to District Agreements, we may provide additional services to school districts, and/or may provide additional undertakings to school districts with respect to the Services. Except as otherwise provided in a District Agreement, these Terms remain in effect for all individual Users of the Services in the relevant district.
2.8 International Use. Boss Club operates the Services in the United States. If you choose to access our Services from locations outside the United States, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. If you are under the age of 18, you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Boss Club in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
2.9 – Passwords You may be required to register and create an account by providing your email address and a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your email and password. You agree not to share your password, let anyone else access your account or do anything else that might jeopardize the security of your passwords or account. You agree to notify if there is any unauthorized use of your password or account on this Site or if you know of any other breach of security in relation to this Site.
2.10 – Use of Site; Prohibitions Subject to your compliance with this Agreement, Boss Club hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, create derivate works from or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Boss Club or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace, harvest or compile any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
2.11 Third-Party Sites, Products and Services; Links. The Services may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Boss Club does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
3 – TERMS OF SALE
3.1 – Sales of Products and Services to End Users Only. If you are interested in purchasing wholesale quantities or in the private branding of our Products, please email us directly at email@example.com for more information. We reserve the right to limit the quantity of Products and Services purchased per person, per household or per order. All rights and privileges conferred are personal and non-transferable.
3.2 – The price of a product or service as shown on the Website does not include any applicable taxes or shipping. The total price of your order will be reflected on our final checkout page or applicable invoice. An order receipt shall be sent to the email address you provided after purchase showing the final total price as well. The net price for Products and Services can be found on Boss Club then-current pricing page located on the Site at: www.bossclub.com. Boss Club reserves the right to change the prices and fees for Products and Services at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 – Payment Methods: Boss Club accepts the following forms of payment: (i) Credit Card (Visa, MasterCard, Discover, and American Express) and (ii) debit card. You agree to pay all fees charged to your account based on Boss Club’s fees, charges, and any applicable billing terms in effect as shown on the payment page when you check out. As stated previously and for purposes of clarification, the price of a product as shown on the Website is the NET PRICE of the product not including any applicable taxes and shipping. The total price of your order will be reflected on the final checkout page or invoice. An order receipt shall be sent to the email address you provided during sign-up showing the final total price of your order as well. You are responsible for paying the amount reflected on the final checkout page or invoice. If you do not wish to pay the final amount reflected on the final checkout page or invoice you are welcome to cancel the checkout process or cancel the invoice. Any applicable taxes shall be based on the address that you provide as the shipping address when you register for your order or the address on the invoice. You authorize Boss Club or the third-party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card or echeck in advance prior to shipping the Products. You represent and warrant that you are the cardholder of the credit card used or signer on the checking account used. If your credit card is rejected by the card issuer, if you do not pay on time or if your credit card cannot be charged for any reason, Boss Club reserves the right to either suspend or terminate your account and order. All sales and payments will be in United States Dollars.
3.4 - TAXES: If Customer represents that they are exempt from sales and use taxes imposed by the state and local governmental divisions in which it is located, Customer must provide BOSS CLUB with Customer's exemption certificates or other proof of Customer tax-exempt status reasonably acceptable to BOSS CLUB.
3.5 – Shipping and Product Acceptance. Items are shipped within 10 business days or sooner depending on when the order is received and where it fits within our roasting cycle and will usually arrive in 2-7 business days once shipped depending on your location. Shipping dates are estimates only. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
3.6 – Correspondence with Customers. Any and all correspondences sent, issued, expressed, or transmitted by Boss Club or any of its affiliates to You shall strictly be in the English language. Correspondences shall include but not be limited to Boss Club mailing envelopes and/or boxes, postcards, business cards, and any and all other mailings including but not limited to electronic mail.
4 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Boss Club or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Boss Club is a pending trademark of Boss Club, Inc. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Boss Club. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, re-transmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
5 – THIRD PARTY SITES; INDEMNIFICATION
5.2 – Indemnification. You hereby agree to defend, indemnify and hold each of the Boss Club Parties harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from (a) your (or anyone acting under your password) use or misuse of the Site, Content or Products, (b) your violation of any law or rights of any law or rights of any third party, (c) information that you post or otherwise make available on the Site, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights, or (d) communications that you make on this site or to another user.
The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you. The site, content, products and Subscriptions are furnished to you without warranties, representations or conditions, statutory or otherwise, of any kind. Boss Club, on behalf of itself and its affiliates, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “Boss Club parties”): (a) expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b) does not represent or warrant that the site, content, products or Subscriptions will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; (c) does not represent or warrant that the site, content, products or Subscriptions will be error-free or that any defects will be corrected; (d) does not represent and warrant that the site will be free of viruses or other harmful components; and (e) does not make any representations, warranties, or conditions regarding the use of the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or Subscriptions is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and Subscriptions. This limitation of remedies is a part of the bargain between you and Boss Club. No oral or written information or advice given by Boss Club or any person on behalf of Boss Club shall create a warranty or condition, or in any way change this exclusion of warranty.
6 – LIMITATION OF LIABILITY
The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you, and you might have additional rights.
6.1 – THE SITE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BOSS CLUB AND ITS PARTICIPATING STAFF (THE “BOSS CLUB PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. THE BOSS CLUB PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE BOSS CLUB PARTIES DO NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED. NONE OF THE BOSS CLUB PARTIES MAKES ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE MAY BE IMPAIRED. THE BOSS CLUB PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR ANY INFORMATION OR SERVICES RELATED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE OR ANY INFORMATION OR SERVICES PROVIDED THEREON IS AT YOUR OWN RISK.
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE BOSS CLUB PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE.
YOU AGREE THAT THE BOSS CLUB PARTIES WILL NOT HAVE LIABILITY FOR ANY INTERACTION BETWEEN YOU AND A THIRD PARTY ON OR THROUGH THIS SITE. YOU ALSO AGREE THAT BOSS CLUB DOES NOT PERMIT THE USE OF THIS WEBSITE OR ITS SERVICES BY A MINOR WITHOUT THE CONSENT OF THAT MINOR’S PARENT OR GUARDIAN AS DETAILED IN THIS AGREEMENT, AND THEREFORE BOSS CLUB WILL NOT BE LIABLE FOR ANY INJURY OR DAMAGES RESULTING FROM THE UNAUTHORIZED USE OF THIS SITE OR ITS SERVICES BY A MINOR.
EXCEPT AS PROHIBITED BY LAW, THE BOSS CLUB PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. BOSS CLUB’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER’S USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE BOSS CLUB PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR BOSS CLUB’S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
7 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW 7.1 - DISPUTE AND ARBITRATION; CLASS ACTION WAIVER
7.1 – United States. Please read this carefully. It affects your rights. Summary: Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at firstname.lastname@example.org or Boss Club, PO Box 6165, Frisco, TX 75035. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes arising out of this Agreement (other than those related to Boss Club’s enforcement and protection of its name and intellectual property rights) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section below). Any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither you nor Boss Club has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim. All disputes relating in any way, directly or indirectly, to Boss Club for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Dallas, Texas, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the Texas Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
7.2 – Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to its conflicts of laws rules. Arbitration or court proceedings must be in Dallas County, Texas. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
8 – ELECTRONIC COMMUNICATIONS
8.1 – Electronic Communications. Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically regarding administrative or account information. You may cancel your account either by logging into your account or by emailing a request to email@example.com. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
9 – PUBLICITY
9.1 - Customer hereby agrees that Boss Club and its Affiliates shall have the right, but not the obligation, to list Customer as a customer in other materials promoting the Content and to use the Customer’s logo and branding as part of its marketing.
10 - Media Release
10.1 - I grant Boss Club (“Boss Club”) the irrevocable right and permission to use photographs and/or video recordings captured and submitted to Boss Club of me and/or my child or student on the Boss Club website and other websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me and/or my child or student may be placed on the Internet. I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information that might company the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Boss Club. I hereby release, acquit and forever discharge Boss Club, its agents, officers and employees of the above-named entity from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation. I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name or, if I am less than eighteen years old, that my school or my parent or guardian has reviewed and agreed to this release. This release is binding on me and my heirs, assigns and personal representatives. If individual photographed/recorded is under eighteen (18) years old: I have read and I understand this document. I understand and agree that it is binding on me, my child or student.
11 - GENERAL TERMS
12 - MOBILE TERMS
12.1 - The Boss Club mobile message service (the "Service") is operated by Boss Club (“Boss Club”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Boss Club’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Boss Club through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Boss Club. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18335000441 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Boss Club mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1-833-500-0441 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.