BoostUp™ Terms and Conditions

This Agreement ("Agreement") is a contract between you ("User") and BoostUp and applies to you ("You" or a "User") and any third party ("Gifting Party" or "Pledging Party") using the BoostUp™ Services ("Services"). Each User, Gifting Party and Pledging Party must read, agree with and accept all of the terms and conditions contained in this Agreement. The Agreement may be amended at any time. Amendments to this Agreement will be posted on BoostUp.com ("Website"), and upon being posted will be immediately effective.

User

  1. Our Relationship with You the User.

  • Your Privacy. The privacy and protection of your information is very important to us. Please review our "Privacy Policy" https://www.boostup.com/privacy to better understand our commitment to, and methods for, maintaining your privacy, as well as our need and right to disclose certain User information under certain circumstances. Third parties using the BoostUp™ Services will be able to view your profile, basic personal information (i.e., first and last name, pictures that you choose to include, your BoostUp™ goal, which goods or services you are saving for, your goal date, why you are saving (to the extent you choose to include it), and progress towards your goal) and account status on the Website without first obtaining your permission.
  • BoostUp™ Services. BoostUp™ permits you and Gifting Parties to make deposits into, or Pledging Parties to make pledges towards, your BoostUp™ account ("Account") which you can use toward the purchase of participating goods and services from BoostUp™ partners ("Partners") as defined on the Website. You have the right, in your sole discretion, to select the Partner from which you desire to purchase goods or services. All dealings, rights and obligations are between you and the Partner. We do not have any liability or responsibility regarding the conduct of the Partner.
  • BoostUp™ is an independent contractor and only serves to facilitate the custody of funds deposited through our Website by you, a Gifting Party or a Pledging Party. BoostUp has chosen a participating bank ("Bank"), which it may change from time to time at its discretion, to hold funds deposited through our Website. BoostUp is required and shall comply with all banking policies or regulations related to the deposited funds imposed upon it by the Bank. ALL INTEREST EARNED SHALL BE THE SOLE PROPERTY OF BOOSTUP AND MAY BE WITHDRAWN BY BOOSTUP AT ANYTIME IN ITS SOLE DISCRETION. AT NO TIME SHALL THE WITHDRAWAL OF INTEREST RESULT IN YOUR ACCOUNT HAVING LESS THAN THE AMOUNT DEPOSITED.
  • BoostUp™, from time to time, may (i) add or change Partners which will be listed on its Website, or (ii) post promotions from Partners or third parties on the Website. You may receive email notification of the promotions from BoostUp. We do not assume any liability for the products or services advertised on the Website.
  1. Eligibility and Types of Accounts

  • Eligibility and Accuracy. To be eligible for our Services, you must reside in the United States and be 13 years of age or older, provided that, if you are under the age of 18, you must have the consent of a parent or legal guardian. BoostUp, its employees, partners, advertisers, participating Partners and affiliates are not responsible for any false or incorrect information provided by you, your parent, legal guardian, a Gifting Party or a Pledging Party. You and any Gifting Party and any Pledging Party are required to provide accurate and truthful information on our Website. Your Account may have a waiting period before it can be used for certain Partner purchases as defined by the Partner on the Website. Your account is non-transferable.
  • Types of Accounts. We only offer personal accounts at this time. Business and/or group accounts are not permitted. You may only have one Account.
  • Identity Authentication. You authorize BoostUp, directly or through third parties, to make inquiries we consider necessary to verify your identity and the accuracy of the information provided by you, a Gifting Party, or a Pledging Party.
  1. Receiving Money/Deposits

  • Deposits. A User can contribute to their account via deposits from a checking or savings account and no fee is charged. A User cannot contribute to their own account via credit card. BoostUp's Bank will hold the deposits for you and on your behalf pursuant to the terms and conditions of this Agreement. Neither BoostUp, the Bank, nor any Partner or affiliate of BoostUp shall be responsible for paying you interest on any money deposited into your Account. ALL INTEREST EARNED SHALL BE THE SOLE PROPERTY OF BOOSTUP AND MAY BE WITHDRAWN BY BOOSTUP AT ANYTIME IN ITS SOLE DISCRETION. AT NO TIME SHALL THE WITHDRAWAL OF INTEREST RESULT IN YOUR ACCOUNT HAVING LESS THAN THE AMOUNT DEPOSITED.
  • Gifting Limits. We may, at our discretion, impose limits on the amount of money that can be gifted, pledged or deposited into your Account. Currently there is a $1,000 maximum per transaction and a $10,000 maximum as to the total amount that can be deposited into your Account. All interest earned shall be the sole property of BoostUp and may be withdrawn by BoostUp at any time in its sole discretion. At no time shall the withdrawal of interest result in an account having less than the amount deposited.
  • Gifting Parties. When someone wants to gift you money, they may do so by using the "Gifting" section on the User's page on the Website. At this time, only credit card payments that are submitted through the website are accepted. We currently accept: Visa and MasterCard. We cannot accept payments sent by mail.
  • Pledging Parties. When someone wants to pledge money, they may do so by using the "Pledge" section on the User's Pledge on the website.
  • Payment Review. BoostUp, the Bank or any third party acting on their behalf and without notice may review potentially high-risk transactions ("Payment Review"). If a payment is subject to Payment Review, BoostUp will place a hold on the payment being made and provide notice to the Gifting Party or Pledging Party of the pending hold. BoostUp or the Bank will conduct a Payment Review and either clear or reverse the gifted or pledged money. If the payment is cleared, BoostUp will provide notice to the Gifting Party or Pledging Party that the payment has been cleared and permit the deposit to be made to your Account. Otherwise, BoostUp will reverse the payment and the funds will be returned to the Gifting Party or Pledging Party.
  • Disputed Credit Card Payment. In the event of a dispute regarding a credit card payment to your Account, BoostUp, in its sole discretion, will determine whether it should dispute the chargeback with the credit card company. If the chargeback is disputed, a temporary hold will be placed on the disputed funds in your Account until the credit card company makes a decision. The credit card company, not BoostUp, will determine if the chargeback is appropriate. BoostUp will adhere to the decision of the credit card company.
  1. Using Your Funds

  • Purchase. The funds in your Account (as well as any earned pledged funds) may only be withdrawn by you (after your account is active for at least 30 days), to be used towards the purchase of products or services offered by a BoostUp Partner or an approved third-party business supported by BoostUp. Upon your sole direction, and verification from the Partner, the appropriate funds will be transferred to the Partner or supported third-party via an ACH transfer. BoostUp™ funds cannot be electronically transferred to private parties.
  • Refused Transactions. Not all businesses (even if they offer Partner goods and services) participate in our Services nor are businesses required to participate. You must inquire if a business is willing to participate in the transaction using funds from BoostUp™ prior to agreeing to purchase a product or service. You waive any claim against BoostUp for damages resulting from a business’s refusal to accept payment from BoostUp.
  • Partner Processing Delay. When you use your BoostUp™ funds at the time of purchase, the business will process your payment and your Account will be marked as "Pending" until the funds have been successfully transferred. When funds are in the "Processing" stage, they will not be available.
  • Canceling a Purchase. If the purchase is terminated after the funds have been transferred, you should request that the business and/or Partner refund the withdrawn funds to your Account. Please allow 5-10 business days for the funds to be re-deposited into your Account and available for use.
  • Splitting Funds. You may not split payments between more than one good or service being purchased at a time.
  • Taxes and Fees. It is your responsibility to pay any and all taxes and applicable fees toward the purchase of a product. BoostUp™ is not responsible for determining whether taxes or fees apply to your purchase, or for paying, collecting, reporting or remitting any taxes or fees arising from your purchase. 5. Account Balance/Transaction History
  • Balance. You do not need to maintain a minimum balance in your BoostUp™ Account in order to keep your Account open. You will not be charged any fees for maintaining your Account, except as specifically set forth herein.
  • Transaction History. You may access the transaction history and balance of your Account by logging into our Website.
  1. Withdrawals/Closing Your Account

  • Withdrawals/Closing Your Account. Only you may make withdrawals from or close your Account. Your Account must be active for at least 30 days before you can make a withdrawal. To close your Account, follow the instructions in the Account section of your account page. Upon closing your Account, BoostUp will immediately suspend any pending transactions. BoostUp has the right, but not the obligation, to verify the Account information needed to return your funds. A check will be sent via U.S. mail (in the U.S. only) to the address provided by you or as confirmed. Funds can also be refunded to a User's checking or savings account if the only funds in the account are from a User's checking or savings account. We will not send the check to a P.O. Box. Please allow 2-4 weeks for your refund to be processed and returned to you. If you do not cash the check within 180 days, BoostUp reserves the right to stop payment on the check and redeposit the funds into a "Held Account" maintained by BoostUp. All disputes must be submitted to our Customer Service Department in writing within 180 days after the dispute arises. You will not be charged a Closing Fee when you withdraw funds for the purchase of a product from a participating business or Partner. If you close your account, any funds remaining that were pledged by a Pledging Party will be returned to the Pledging Party.
  • Dormant Accounts. If you do not log into your Account for one (1) year or more, or such other time as may be determined in the sole discretion of BoostUp from time to time, BoostUp reserves the right to close your Account and send your Account balance to you subject to the terms as set forth above. BoostUp may be required to escheat the balance of a dormant account to the state of residency of the User if the account is considered dormant under applicable law. BoostUp will comply with all applicable federal, state and local laws regarding any dormant account and such laws supersede these Terms of Use.
  • Payable On Death Policy (POD). BoostUp™ currently does not have an option for a POD for your Account. In the event a User dies, the balance in the Account shall be paid, upon proper direction, to the estate of the deceased User or as otherwise directed by applicable law.
  • You expressly authorize BoostUp's service provider, Dwolla, Inc. to originate credit transfers to your financial institution account.

Gifting Party

  1. Your Privacy. The privacy and protection of your information is very important to us. Please review our "Privacy Policy" https://www.boostup.com/privacy to better understand our commi&tradeent to, and methods for, maintaining your privacy, as well as our need and right to disclose certain information regarding the Gifting Party under certain circumstances.
  2. BoostUp™ Services. BoostUp™ permits a Gifting Party to deposit funds for the benefit of a User into an Account to be applied toward the purchase of goods or services from a Partner . Contributions made by a Gifting Party to an account via credit card are charged a 3% fee per transaction. All funds for all Users are deposited into a pooled bank account and subject to all applicable banking rules and regulations. BoostUp is an independent contractor and only serves to facilitate the custody of the funds you deposit through our Website and into the Bank. Except as expressly stated herein, upon the deposit of the funds into a User's Account, a Gifting Party no longer has any right or authority with respect to the deposited funds. BoostUp™ is required by law to comply with the Bank's banking policies or regulations related to the deposited funds.
  3. Partner. Only the User has the right to select the Partner from which to purchase goods or services. All rights, obligations and dealings are between the User and the Partner, and the Gifting Party waives any claim against BoostUp for the conduct of the Partner.
  4. Withdrawal of Deposited Funds. Only the User may withdraw funds from an Account. The Gifting Party may not withdraw any funds nor may the Gifting Party view or have any access to an Account. The User may withdraw any funds deposited into an Account for the purchase of any goods or services offered by a Partner or by closing their Account.
  5. Dormant Accounts. If a User does not log into an Account for one (1) or more year, BoostUp reserves the right to close the Account and send the balance to the User. BoostUp may be required to escheat the balance to the state of residency of the User if the Account is considered dormant under applicable law. BoostUp will comply with all applicable laws regarding any dormant Account or other applicable federal, state and local laws. And such laws supersede these Terms of Use.

No Interest earned on Deposited Funds. No interest shall be earned on any funds deposited by you into an account. All interest earned shall be the sole property of BoostUp and may be withdrawn by BoostUp at any time in its sole discretion. At no time shall the withdrawal of interest result in an account having less than the amount deposited.

Pledging Party

  1. Your Privacy. The privacy and protection of your information is very important to us. Please review our "Privacy Policy" https://www.boostup.com/privacy to better understand our commi&tradeent to, and methods for, maintaining your privacy, as well as our need and right to disclose certain information regarding the Pledging Party under certain circumstances.
  2. BoostUp™ Services. BoostUp™ permits a Pledging Party to pledge funds for the benefit of a User to be applied toward the purchase goods or services from a Partner. Pledges may be made via credit card or ACH transfer. Pledges made with a credit card are charged a 3% fee per transaction. All pledged funds for all Users are deposited into a pooled bank account and subject to all applicable banking rules and regulations. BoostUp is an independent contractor and only serves to facilitate the custody of the funds you pledge through our Website and into the Bank. BoostUp is required by law to comply with the Bank's banking policies or regulations related to the deposited funds.
  3. Pledged Funds. A pledge is an agreement to match the funds in a User's account (whether through deposits by the User or gifts from Gifting Parties) up to a certain amount. Multiple pledges can be made for any User. Pledged Funds are placed into the pooled bank account and then "earned" by the User as the User's account balance grows. Pledged funds only move out of the pooled account upon (a) redemption or (b) deactivation.
  4. Redemption. Redemption occurs when a User makes a purchase. Upon redemption, all earned pledged funds are transferred to either the BoostUp Partner or participating business, or the User's account (depending on the type of goal). If a pledged amount is not entirely earned at the time of redemption, the remaining amount will be refunded to the Pledging Party. If the entirety of the pledged amount has been earned, no money will be refunded to the Pledging Party.
  5. Deactivation. If a User closes their Account prior to redemption, all unused (including earned but unused) pledged funds will be refunded in full to the Pledging Party.
  6. Partner. Only the User has the right to select the Partner from which to purchase goods or services. All rights, obligations and dealings are between the User and the Partner, and the Gifting Party waives any claim against BoostUp for the conduct of the Partner.
  7. Withdrawal of Deposited Funds. Only the User may redeem funds or deactivate their Account. The Pledging Party may not withdraw any funds nor may the Pledging Party view or have any access to an Account.
  8. Dormant Accounts. If a User does not log into an Account for one (1) or more year, BoostUp reserves the right to close the Account. At that time, all unused (including earned but unused) pledged funds will be refunded in full to the Pledging Party. Notwithstanding the foregoing, BoostUp will comply with all applicable laws regarding any dormant Account or other applicable federal, state and local laws, and such laws supersede these Terms of Use.

No Interest earned on Deposited Funds. No interest shall be earned on any funds pledged by a Pledging Party. All interest earned shall be the sole property of BoostUp and may be withdrawn by BoostUp at any time in its sole discretion. At no time shall the withdrawal of interest result in the decrease of any pledged funds.

Additional Terms

  1. Restricted Activities

In connection with your use of our Website, your Account, or the Services, or in the course of your dealings with BoostUp, you will not:

  • Breach this Agreement, the Privacy Policy, or any other agreement that you enter into with BoostUp;
  • Violate any law, statute, ordinance, or other regulation (for example, those governing financial services, consumer protections, false advertising, identity theft);
  • Infringe on BoostUp's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • Provide false, inaccurate or misleading information on the Website or otherwise;
  • Send, receive or utilize any potentially fraudulent funds;
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
  • Use an anonymous proxy;
  • Use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission;
  • Post any inappropriate pictures, message or content on our Website that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence;
  • Use the Service to receive payments for any sexually oriented or obscene materials or services;
  • Use the Service to receive payments for any illegal drugs, narcotics, other controlled substances, steroids or prescription drugs;
  • Use the Service to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity;
  • Use the Service for any other illegal activity or conduct; or
  • Use the Service to receive payments for tobacco products.
  1. Your Liability — Actions We May Take.

If we have reason to believe that you have engaged in any of the Restricted Activities, violated this Agreement or violated the Privacy Policy, we may take any action to protect BoostUp. These actions may include, but are not limited to:

  • Holding your funds up to 180 days, fining you up to $2,500.00 USD for each such violation and/or taking legal action against you to recover additional losses we incur. You acknowledge and agree that a fine up to $2,500.00 USD is a presently reasonable estimate of BoostUp's damages, considering all currently existing circumstances, including the relationship of the fine to the expected damages or harm to BoostUp and that proof of actual damages may be impractical or extremely difficult.
  • Closing, suspending, or limiting your access to your Account or the Services (such as limiting access to any funds in your Account for withdrawal, your ability to make withdrawals, gifts or pledges, or remove account information);
  • Contacting Partners, Bank or credit card issuers, or warning law enforcement, or impacted third parties of your actions;
  • Updating and correcting inaccurate information you provide us;
  • Refusing to provide our Services to you in the future; and
  • Taking other legal action against you.

BoostUp in its sole discretion, reserves the right to terminate this Agreement, access to its Website, and/or access to the Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you subject to the payment of the fine referenced above.

  1. Assignment and Notices

  • Assignment. You may not transfer or assign any rights or obligations under this Agreement at any time without BoostUp's prior written consent. BoostUp™ reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
  • Notices to You. You agree that BoostUp™ may provide notice to you by (i) posting on our Website, (ii) e-mail to the email address listed in your Account or provided to us, and/or; (iii) mail to the street address listed in your Account or that is provided to us. Such notice shall be considered to be received by you within 24 hours after being posted on the Website, or e-mailed to you, and, if mailed, three (3) business days after the post-marked date. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting BoostUp™ . BoostUp™ reserves the right to charge you a fee to provide a paper copy of the records. BoostUp may close your Account if you withdraw your consent to receive electronic communications. BoostUp is not responsible for "bad" or "incorrect" email addresses provided by you, "undeliverable" emails due to full mailboxes, unrecognizable characters, etc., or returned mail due to incorrect address, no forwarding address, incomplete address, change of address, etc. and does not have any duty to investigate and determine correct email or mailing address information under any circumstances other than as provided on our Website.
  • Notices to BoostUp. Except as otherwise stated herein or hereafter, notice to BoostUp must be sent by postal mail to: BoostUp, Attention: Legal Department, 1555 Broadway St. Detroit, MI 48226.
  1. Proprietary Rights and Limited License.

All content on the Website and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Website Content"), are the proprietary property of BoostUp or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without BoostUp's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Website. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content, to which you have properly gained access, solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Website Content on any Internet, Intranet or Extranet Website or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Universal Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of BoostUp, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
  1. Submissions and Feedback.

You agree that any materials, including questions, comments, suggestions, feedback, ideas, plans, notes, postings, original or creative materials or other information, regarding the Website or the Service that are provided by you in the form of email, web form, or other submissions to BoostUp ("Submissions") are non-confidential and shall become the sole property of BoostUp. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, and BoostUp shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Submissions do not include the data you store through the Service, though BoostUp reserves rights to use this information at well as permitted herein.
  1. Use of Cookies.

In order to improve our Service and the Website and provide more convenient, relevant experiences to our customers, we and our vendors may use "cookies", "web beacons", and similar devices to track your activities. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables BoostUp to record your passwords, purchases and preferences. A web beacon is a small transparent "GIF" image that is embedded in an H&tradeL page or email used to track when the page or email has been viewed. A similar device may be used by which a product, service or functionality may send data to a server when a set of user-initiated events occur (such as after clicking a button on the Website or in an email). This device is similar to a cookie in that it tracks your visit and the data can only be read by the server that receives the data. It is different than a cookie in that it is not browser-based, may not function as an identification card and does not store any data on your computer. While BoostUp uses cookies and similar devices to track your use of the Website and the Service, such as the number of downloads, types of Service used, and how many users we receive daily, and while our web servers automatically log the IP/Internet address of your computer, BoostUp does not generally use this information to identify you personally. However, if you expressly provide consent for the Website or the Service to "remember" you when you log into your account, that unique identifier will be stored on a cookie on your computer and that unique identifier will be linked to your Registration Information. As a result, your navigation path around the Website and the Service will be tracked. Most browsers are initially set to accept cookies and similar devices. You can set your browser to notify you when you receive a cookie or similar device, giving you the chance to decide whether or not to accept it, though this may preclude you from using certain features, or the entirety, of the Site.
  1. Governing Law.

You agree that the laws of the State of Michigan and any applicable federal laws of the United States govern your use of the BoostUp™ Website. For individual products and services offered by BoostUp, the applicable customer agreements and disclosures may specify that the laws of another jurisdiction will govern your use of the account and/or service, and the terms of those disclosures and agreements will continue to apply. You agree that any litigation that may arise shall be filed or submitted to the federal or state courts, with proper subject matter jurisdiction, located in Michigan. You agree that in any suit hereunder, if BoostUp is the prevailing party, BoostUp shall be entitled to its costs and attorneys' fees incurred in the prosecution and/or defense of such suit.
  1. Intellectual Property.

"BoostUp™ ," "BoostUp.com" and all related logos, products and services described at any time in our Website are either trademarks or registered trademarks of BoostUp or its licensors. You may not copy, imitate or use them without the prior written consent of BoostUp or the owner of the trademark. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, trade dress and/or other intellectual property of BoostUp which you may not copy, imitate, or use without the prior written consent of BoostUp.
  1. Copyright and Trademark Information.

The trademarks, trade names, and service marks (the "Marks") and copyrighted material ("Copyrights") used on BoostUp™ Website belong to BoostUp, LLC or its licensors. No one is authorized to use any of the Marks or Copyrights in any manner without the prior expressed written permission of the owner of the Mark(s) or the Copyright(s). The materials displayed on the BoostUp™ Website are protected by U.S. and international trademark and copyright law and treaties, and shall not be used, transmitted, broadcast, copied, adapted, displayed, or performed without the prior expressed permission of BoostUp.
  1. Limitations.

None of the information on the BoostUp™ Website may be used, distributed, or reproduced for commercial purposes without our prior express written permission. No third party is authorized to solicit BoostUp™ products or services without BoostUp's prior express written permission.
  1. No Warranties.

From time to time the BoostUp™ Website may include information from third parties, and/or links to other websites. BoostUp does not make any warranties, expressed or implied, regarding any third party information or any links to other websites, and BoostUp assumes no responsibility for the accuracy, completeness, reliability or suitability of the information provided by third parties or information, software (if any), offers or activity found on other websites which may be linked to our Website.
  1. Limitation of Liability.

BoostUp disclaims liability for any and all claims, losses, costs, expenses (including attorney fees), and damages of whatever kind or nature including without limitation general, special, incidental, consequential, punitive, exemplary or treble damages ("Damages") based on any theory of liability, in connection with any use of the BoostUp™ Website and the information contained therein, even if BoostUp has been advised of the possibility of such Damages.
  1. Monitoring and Enforcement.

While we have the right to monitor activity and content associated with BoostUp™ , we are not obligated to do so. Since we may not have the ability to control or actively monitor content, we do not guarantee its accuracy, integrity or quality. In as much as community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Depar&tradeent to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content, or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right to take no action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
  1. Indemnification.

By accepting these Terms and Conditions, you agree to indemnify and otherwise hold harmless BoostUp, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of BoostUp; ii) unauthorized access to or alteration of your communications with or through BoostUp, iii) any other conduct by you that causes BoostUp damages, or iv) any business transactions that may arise between you and third parties.

Digital Millennium Copyright Act and Intellectual Property Protection Policy

BoostUp respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, BoostUp will respond expeditiously to claims of copyright or other intellectual property infringement committed using the Website that are reported to the BoostUp Designated Copyright Agent identified in the sample notice below.

If you are a copyright or other intellectual property owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or other intellectual property right, please report alleged copyright or other intellectual property right infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to the BoostUp Designated Copyright Agent. Upon receipt of Notice as described below, BoostUp will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the user's account, if applicable.

DMCA Notice of Alleged Infringement ("Notice")
  1. Identify the copyrighted work or other intellectual property that you claim has been infringed, or - if multiple copyrighted works or other items are covered by this Notice - you may provide a representative list of the copyrighted works or other intellectual property that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the relevant website where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material [or other intellectual property right] is not authorized by the copyright owner [or intellectual property owner], its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright [or intellectual property] or of an exclusive right under the copyright [or other intellectual property] that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to BoostUp's Designated Copyright Agent:

BoostUp LLC
1555 Broadway St.
Detroit, MI 48226
[email protected]

Counter Notification

Pursuant to sections 512(g)(2) and (3) of the Act, the subscriber may make a counter notification. To file a counter notification with us, you must provide a written communication (by fax, regular mail or email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.

You may also make a counter notification if other intellectual property is at issue utilizing the same form and process below, appropriately altered for the appropriate intellectual property at issue.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

  1. Identify the name of the file with respect to which BoostUp has blocked access.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Detroit, Michigan USA if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
  3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that transmission of each file identified above was blocked as a result of a mistake or misidentification of the material to be blocked."
  4. Sign the paper.
  5. Send the written communication to the following address:

BoostUp LLC
1555 Broadway St.
Detroit, MI 48226

OR email to:

[email protected] with the words "DMCA Counter Notification" in the subject line