This agreement is in effect as of Feb 3, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Demand Boost Inc employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Demand Boost Inc and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Domains Managed by Demand Boost
Demand Boost will only manage domains that are registered by us and managed in Demand Boost domain account. If your domain is registered by your own domain account you are solely response to maintain, renew and updating the information on your domain to make sure you will receive important emails/communications from your domain provider to avoid website service interruptions, lost of domain ownership due to payment failure, etc.
If your domain is transferred to Demand Boost domain company, you will remain the owner of the Domain and we will maintain your domain configurations and renewals as long as you need. If you have any marketing services with Demand Boost all domain renewals are FREE. If the only service we provide you is the domain management, the cost of management and renewals is $30 / year.
Please note that all new domains registered by Demand Boost and used for marketing services with month-to-month contract remains a Demand Boost property.
Websites Designed, Maintained or Hosted by Demand Boost
All Demand Boost website services are offered “As-Is”. It is clients’ responsibility to conduct all necessary due diligent and to verify that Demand Boost services comply with the client’s profession, federal, state, and local, laws and regulations. The client is responsible to inform Demand Boost in case of noticing any potential conflicts or concerns. Demand Boost will take all necessary actions in order to resolve the identified issue and in case of not being able to resolve the problem in a timely fashion, client shall stop all services with Demand Boost and will not be taken responsible for any future service charges from Demand Boost.
Websites provided by Demand Boost (contents,design,photos, etc) as long as not sold and fully paid off belong to Demand Boost and may not be transferred, or copied partially or fully. If the website is sold to you and transferred you will be solely responsible to maintain your website. Even if you buy your website, we can still provide you hosting and/or maintenance if you need. Please note that if you buy your website design, unless we authorize in writing you may not remove or alter the Demand Boost credentials at the bottom of the website pages or claim that the website is designed/developed by another person or company.
Most of Demand Boost monthly marketing plans include complimentary website that are provided only for the period we are providing marketing services and once the marketing services stops the website services will be terminated and you are not authorized to use any of the website content after termination date.
If Demand Boost only hosts your own website (not designed by Demand Boost), the website remains yours and you may request to take your website away from Demand Boost at any time.
Email Services Provided by Demand Boost
You are responsible for maintaining the security of your account and password. Demand Boost Inc cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your business account). You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
All content posted on the Service is must comply with the US copyright law. We claim no intellectual property rights over the material you provide to the Service. Demand Boost Inc, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Demand Boost Inc reserves the right to refuse service to anyone for any reason at any time. You understand that Demand Boost Inc uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email or “spam” messages. Demand Boost Inc does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. You expressly understand and agree that Demand Boost Inc shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Demand Boost Inc has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Demand Boost Inc to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Demand Boost Inc and govern your use of the Service, super-ceding any prior agreements between you and Demand Boost Inc (including, but not limited to, any prior versions of the Terms of Service).
Live Chat Services
In no event will Demand Boost Inc and other providers of this service including the live chat agents hereafter The Service Provider be liable for any loss of profits, loss of use, business interruption, loss of data, cost of cover, or indirect, special, incidental, or consequential damages of any kind in connection with or arising out of the furnishing, performance or use of the products and/or service or support provided under this agreement as applicable, whether arising in contract or tort, or any other legal theory, including negligence, or whether arising from mistakes, omissions, interruptions deletion of files, errors, defects, viruses or other malicious code, delays in operation of transmission, or the delay or failure of performance the support provided under this agreement, even if The Service Provider has been advised of the possibility of such damages. In no event will The Service Provider’s liability arising from or relating to this agreement exceed the aggregate amount of payments received by The Service Provider under this agreement during the one (1) month period immediately preceding the date of the claim. Additionally, in no event will The Service Provider be liable for any claim brought by you more than (1) months after the cause of action arose or reasonably should have been discovered. The foregoing limitations shall not apply in the event of any claim for infringement or other violation of intellectual property rights.
Confidentiality: Any and all information The Service Provider collects from a visitor to your website will not be divulged to any other party than The Service Provider will not initiate contact with any of your website visitors. However the information may be used for improving service and for internal training purposes.
Call Tracking and Recording
Call tracking is an optional service that you may sign up or it is included in your marketing plan. We will provide a local phone number (or a toll free number) to track the effectiveness of marketing performance, campaign optimization or reporting. If you do not wish to continue using this service you may let us know in writing and we will disable / remove the service. All callers will listen the consent that the call is recorded, it is your sole responsibility to let your receptionists, staff and any one answering the phone calls at your designated destination phone number that the call is recorded as the consent message will not play for them. All recordings will be available on your call monitoring dashboard to listen, rate, etc. Recordings will be kept for up to 1 year and after that they may be deleted. If you wish to cancel the service the recordings will be deleted and phone numbers will be released to the telecommunication companies we work with and may not be able to restore if you decided to undo. If you decided to port the phone number to your own phone company there will be a $199 process fee.
All smartphone applications include 30 day free update/upgrade up on delivery (the day it becomes available to download in App Store / Google Play). For further maintenance you will need to hire Demand Boost to make further changes/update the app or subscribe to our monthly maintenance services.
Please note that if the application is not updated for a long time to the newest models there may be a chance that Apple or Google remove or restrict access to the app on their stores.
Service Terms for BTL Emsculpt/Emsella websites and Marketing:
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Demand Boost Inc or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
All content and materials available on this website and all websites developed by Demand Boost, Inc, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Demand Boost Inc, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Demand Boost Inc.
Starting Service, Payments, Account Changes and Terminations
Once your service is ready to start, Demand Boost will email/call you a start service notice. Your subscription start date will be provided date on the notice, that is when Demand Boost will charge your account. All Demand Boost monthly services are subject to month-to-month renewal and unless requested to stop they will renew automatically.
Demand Boost will charge your payment source upfront and the charge will cover the fees for the rest of the billing period (1 month). All charges are non-refundable.
To make changes to your service you may call us at 800-790-7123 during the business hours or send an email to firstname.lastname@example.org with your detailed request.
A 30 days notice is required for service cancellations or service plan changes including downgrades or temporary suspension of service.
If you wish to cancel your service you may send your request to email@example.com or call us at 800-790-7123. We will send an email to the account holder’s email within 72 hours requesting additional information and consents in order to proceed with the cancellation of your account. Unless you receive a notice of receipt for your cancellation request, we may not have received your request and your account would remain active.
Once you complete and submit our cancellation form we start the cancellation. Please allow up to 72 hours for the account to become cancelled. Unless requested immediate cancellation, your account will automatically terminate on the next recurring invoice date. We require any unpaid balance on your account to paid fully before the the service is terminated.
Once the service is cancelled, all data regarding your account may be deleted without the option of recovery. If there is a recovery option, there will be a one-time recovery fee of $500.
UNLESS OTHERWISE EXPRESSED, DEMAND BOOST INC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE CANNOT GUARANTEE MARKETING RESULTS SIMPLY BECAUSE WE HAVE LIMITED CONTROL OVER SEARCH ENGINES AND SOCIAL MEDIA PLATFORMS. NONE OF THESE MARKETING/ADVERTISING PLATFORMS GUARANTEE RESULTS. THUS, UNLESS OTHERWISE EXPRESSED, DEMAND BOOST INC. EXPLICITLY DISCLAIMS ALL GUARANTEES REGARDING MARKETING PERFORMANCE.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provided including the dedicated domain provided by Demand Boost, content development, digital designs, print designs, video productions, website designs and coding, adverting and commercial content, virtual phone numbers will immediately cease. We reserve the right to remove or delete any information that you may have on file with us, including any login information, digital files, hard copy documents. We reserve the right to release or reuse all resources provided including but not limited to domain, phone numbers and designs after termination of your service.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Demand Boost Inc will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
This website is controlled by Demand Boost Inc from our offices located in the state of California, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in San Jose, California You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Demand Boost Inc
6472 Camden Ave, Suite 106
San Jose, CA 95153