BRANDBOOSTR TERMS OF SERVICE
Hello, and welcome to BrandBoostr, a Decoded Solutions, LLC service offering.
We appreciate you stopping by and hope that you enjoy our offers and site.
We don’t like rules any more than the next guy, but our lawyers say we need to have some in place., we know, but necessary never the less.
So without further ado, here are the Terms of Service that define the relationship between “You” and Decoded Solutions, LLC, hereafter referred to as BrandBoostr, “Us”, “We” or “Company”.
These Terms of Service will help you understand the rules and terms that govern the access, use or purchase of services on the website, hereafter referred to as “Site”, and our services, products, or other offerings, hereafter referred to as “Services”.
PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS REGARDING DISPUTE RESOLUTION THAT ARISES OUT OF OR IN RELATION TO THIS AGREEMENT, THE TERMS OF SERVICE AND PRIVACY POLICY.
PARTICIPATION, ACCESS TO OR USE OF ANY OF OUR SERVICES, SITE OR PRODUCTS INDICATES THAT YOU HAVE READ, UNDERSTAND AND HEREBY AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT. PLEASE READ THEM CAREFULLY. IF FOR ANY REASON YOU DO NOT AGREE WITH ANY TERM OF THIS AGREEMENT, YOU ARE HEREBY BARRED FROM PURCHASING ANY OF OUR SERVICES OR PRODUCTS AND FROM ACCESSING OR USING OUR SITE OR SERVICES IN ANY WAY.
Terms of Service
1. Welcome to the Rulebook!
Otherwise known as the “Terms of Service” for BrandBoostr and associated Services.
By using our Site or Services you hereby agree to these terms. We ask (pretty please) that you read these terms carefully as they impact and dictate the relationship between you and Us.
If for any reason you are in disagreement with any of the terms of this Terms of Service, then you are not authorized nor allowed to use or access our Site or purchase or use our Services.
Due to the robust selection of offerings and/or Services on our Site, each of our Services may have its own terms and conditions called “Service Specific Terms” that are in ADDITION and ADDITIVE to these Terms of Service. Agreeance to these terms in full is required as a mandatory requirement for using or accessing our Services.
In the event that any Service Specific Terms conflict in any way with the terms of another Service or product offering, the terms of that specific Service or product shall prevail to the extent of the difference between the Service Specific Terms.
In consideration of your access or use of our Site or Services, you hereby represent and warrant that you are of legal age to form a binding contract as defined by the laws of your applicable jurisdiction and that nothing under those laws prohibits you from entering into this Agreement.
Please note that these Terms of Service may be updated at any time with or without notice at the sole discretion of our Company, and that any such changes shall take place immediately upon publication of such to this page.
2. Purchasing, Using or Participating in our Services
REFUND POLICY
Due to the resource intensive aspect of providing our Services, we do NOT offer refunds or money back for any purchases made on our through our Site. Once an order has been placed, our team quickly begins work that may include but is not limited to research, strategizing, preparation, assignment of work to contractors or employees, and allocation of other resources to your order. This process takes time and resources which cannot be recovered.
However, in the event that you are unsatisfied with your purchase, you may reach out to our resolution and support team for evaluation. While we do not guarantee any specific results or remediation, we will evaluate each situation on a case-by-case basis and if warranted we will make a good faith effort to remedy the issue at hand.
If, at our sole discretion, We decide to deviate from this policy and offer you a refund, in part or in whole, we may deduct the costs necessary to cover any transaction expenses and fees associated with your payment. A further 10% may also be deducted at our discretion to help cover the administrative costs associated with the processing of your order, customer service responses, and other business processes related to your order. Alternatively, in cases where a refund is offered, You may opt to take this refund as “credit” towards a future purchase from our Site.
ORDER CANCELLATION
In the event that We determine, at our sole discretion, that we are unable to fulfill your order, we may cancel your order and provide a full refund of your purchase. In such cases you hereby agree that a refund in full for your order is the total extent of our liability and that you agree to take no further action for any losses or damages that may result directly or indirectly of any kind or nature under any theory of law due to the order cancellation.
Once an order is placed our policy is that it cannot be canceled. However, if we have not yet started your order or if we are willing on a case by case basis to take the loss for any resources spent, we may, at our discretion opt to cancel your order for you at your request and offer a partial or full refund.
3. Right of Refusal
BrandBoostr reserves the right, at our sole discretion, without explanation, to refuse orders for any service or offer to promote, support, or work on or with any business that has content associated with or is deemed to be:
- Libelous in Nature
- Has harmful intent
- Consists of sexually explicit topics or material
- Involves litigation or legal cases
- Promoting unsafe or dangerous products, services or supplements
- About online pharmaceuticals or drugs
- About making money or MLM schemes
- Promoting or disseminating false information
- Related to gambling
- Related to Payday loans
- Involving unverified celebrity endorsements
- About cryptocurrency
- Outright SPAM
- Promoting or informing about investments, partnerships, business deals, acquisitions, venture capital or private equity
- Copied news or material (i.e. plagiarized)
- Stock or investment recommendations
- Opinion pieces on publicly traded companies
- Pirated or unauthorized premium video streaming or download sites
- Blackhat SEO or marketing
- Anything that is or promotes anything illegal
Further, BrandBoostr reserves the right to refuse Services for or on behalf of any individual, business, organization or purpose that We feel, at our sole discretion, goes against our code of ethics, moral obligations or that will cause harm of any kind.
4. Ownership and License of Deliverables
In some cases, services or products offered by BrandBoostr may include the deliverable of tangible or intangible intellectual property such as written content, videos, images, audio, and more. The rights of any such deliverables provided to the client as part of the ordered product or service (except for intellectual property owned by BrandBoostr or as noted otherwise in other terms, conditions or communications) are transferred to the client for personal or commercial use (including resale rights unless otherwise prohibited by other terms).
In some cases, orders may include the use of “free use” images. In the event that images are ordered or requested as part of your purchase, we will make a good faith effort to ensure that either we own the license to make them available to you for use, and/or they are from “free use” sites such as Pixabay.
However, we make no explicit guarantee or warranty that such images and their associated licenses are appropriate for use on your website or within or as part of any other medium or materials.
5. Your Content in our Services
Some of our Services may allow for or require the uploading, storing, submitting, sending or receiving of content or other media from you to us.
By uploading, storing, or submitting content or media to Us, you grant Us (and our partners, affiliates, subsidiaries and parent company) a worldwide license to use, reproduce, modify, store, create derivative works from, publish, communicate, publically perform, display and distribute such content or media as deemed necessary at our sole discretion for the purposes of carrying our Services or for other business practices.
The rights granted in this license are limited to improving, developing, maintaining, promoting, delivering or supporting our Services and to develop new ones. By submitting content or media to Services, you are affirming that you have the intellectual property rights or other rights granted to you that allow you to do so.
6. Accuracy, Authenticity and Intellectual Property
By providing or submitting content to Us in any form or medium intended for use or publication on or offline, you hereby acknowledge and agree that you and you alone are solely responsible for both its authenticity and accuracy. This includes information provided to us by you including but not limited to images, videos, graphics, documents, contact details, and more.
You hereby acknowledge and agree that you and you alone are solely responsible for NOT violating any trademarks, infringing on copyrights, intellectual property, personal privacy or any other applicable laws or regulations.
7. Passwords
From time to time, We may grant or provide you access to various systems or databases. Access to such systems may require passwords supplied by us to you, or created by yourself as part of a registration process. These systems are made available only to Authorized Users (Customers) and as such each customer such as yourself is solely responsible for the management and control of these passwords. Further, customers such as yourself shall not be permitted to transfer, disclose or otherwise make available their password(s) to any party not expressly authorized by Us.
You hereby acknowledges and agrees to the following:
- The protection and safekeeping of passwords issued to Authorized Users is an integral part of data protection and security at Decoded Solutions, LLC and that;
- We are relying on Client to utilize and proper safekeeping and protection of said passwords
In the event that We have reason to believe that passwords are being used in a manner not consistent with the terms of this agreement, or by unauthorized users, We reserve the right to deactivate such account(s) at our sold discretion without warning or prior notice to the Client or any other affected Authorized Users.
8. Authorized Access
For the duration of this Agreement you hereby grant Us, and by extension any individual(s) or entities We appoint, at our sole discretion, the right to access, edit, modify, and use the functionality of computer systems and internet services owned by or licensed to you, including but not limited to the following, for the purposes of directly or indirectly carrying out the obligations prescribed in this agreement or the products or Services you have signed up for or purchased from us:
- Social media accounts (such as LinkedIN, Facebook, etc).
- Email accounts (such as Gsuite, or Outlook for Business)
- WordPress or other CMS, site or server
- Accounts on other websites
For example, if you hire us for generating leads for your business on LinkedIn, we may need authorized access in order to promote your brand on the platform. Similarly, if you hire us to post and publish content on your WordPress website, we will need access to do so.
9. ACCURACY OF CONTENT
We make a good faith effort to provide content and information that accurately reflects the truth of any particular topic. However, we make NO claims, implied or explicit, that the content we deliver is free of errors or accurate.
We do NOT claim nor certify that any Service or deliverables as part of any ordered Service include the appropriate disclaimers, waivers, or meet any other regulatory requirements specific to any particular industry or topic.
For example, certain industries such as cannabis, healthcare, medical, supplement, or legal services may be held to certain compliance regulations as to what can and cannot be said in marketing materials, or when promoting a service or product. We make NO guarantee or claims that our content will accurately meet or comply with such regulations, guidelines or laws specific to any industry or jurisdiction.
IT IS THE SOLE RESPONSIBILITY OF YOU AS A CUSTOMER TO REVIEW THE CONTENT AND ANY DELIVERABLES PROVIDED BY US TO YOU, AND TO MAKE SURE THEY ACCURATELY AND LAWFULLY DELIVER YOUR MESSAGE OR REPRESENT YOUR PERSON OR COMPANY TO THE INTENDED AUDIENCE IN A WAY THAT ADHERES TO ALL APPLICABLE RULES, REGULATIONS, AND LAWS OF THE APPROPRIATE JURISDICTIONS FOR ANY INTENDED PURPOSE.
10. Proxy Clause
For the duration of this Agreement you hereby grant Us, and by extension any individual(s) or entities Decoded Solutions, LLC appoints, at their sole discretion, the right to act as a Proxy to represent you, your employees, and/or your business or brand, when necessary for the purposes of carrying out Services on your behalf.
For example, in the case of Lead Generation this may involve communicating with prospective leads and clients by way of email, phone, chat or any other medium necessary to fulfill your Service order.
11. Communication from Us, Opting in, and Unsubscribing
By making a purchase from our Site, you agree to be added to our email list and to be opted in to future communications from BrandBooster, its parent company Decoded Solutions, LLC and their suite of services and websites, as well as communication regarding your purchase, status of your order, delivery of goods or services, or for commercial promotions including future offerings, services or products made available by Us or other third parties by way of email, phone or other mediums pursuant to the terms in our Privacy Policy.
You may opt out of commercial communications at any time by clicking the “opt out” or “unsubscribe” link in such correspondences, and/or replying “OPT OUT” or “STOP” to such emails.
12. Modifying or Termination of Our Services
BrandBoostr is constantly working to improve our Services and product offerings. From time to time we may, with or without notice, modify, remove, or add various features or functionalities to our Service line. Further, we may at times, with or without notice, suspend, terminate or delete a Service or offer altogether.
13. Confidentiality Agreement
You hereby agree to keep confidential and protect any and all details of this Agreement or any other agreements, sales or purchases you make with BrandBoostr. This confidentiality clause includes but is not limited to information about BrandBoostr’s business, Services, leads, operations, clients, partners, affiliates, employees, or parent and subsidiary companies and their contact details, as well as all BrandBoostr technology, code, software, data and content marked confidential. You agree to NOT disclose any such information or communication with any Third Party now or in the future, nor before during or after the term of the Agreement ends, and that you will take all necessary measures to prevent such disclosure happening by you or anyone involved with your business.
AS PART OF THESE TERMS OF SERVICE YOU AGREE TO NOT USE ANY INFORMATION ABOUT BRANDBOOSTR, LEARNED DIRECTLY OR INDIRECTLY, FOR YOUR OWN OR ANOTHER THIRD PARTY’S BENEFIT, COMMERCIAL OR OTHERWISE, TO CREATE OR OPERATE A COMPETIING BUSINESS TO BRANDBOOSTR, OR TO CAUSE PREDJUDICE TO THE ACTIVITIES OF BRANDBOOSTR IN ANY MANNER. DISCLOSURE OF ANY AGREEMENT OR COMMUNICATION BETWEEN US AND YOU WITH ANY THIRD PARTY IS CAUSE FOR LEGAL RECOURSE AGAINST YOU BY US.
14. Warranties & Disclaimers
We work hard to provide you and others with valuable and beneficial Services and products, and we sincerely hope that you enjoy our offerings. However, there are certain aspects of our Services and Site that we do not promise or guarantee.
OUR SITE, SERVICES, AND ALL INFORMATION, MATERIALS AND OFFERINGS INCLUDED IN OR AS PART OF THE BRANDBOOSTR WEBSITE ARE PROVIDED “AS IS”, WITH NO GUARANTEES OR WARRANTIES WHATSOEVER, EITHER IMPLIED OR EXPRESS. BRANDBOOSTR, DECODED SOULUTIONS, LLC, AND BY EXTENSION THE OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS, AFFILIATES AND SERVICE PROVIDERS (“COMPANY PARTIES”) OF EACH, EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, ALL STATUTORY, IMPLIED AND EXPRESS WARRANTIES, INCLUDING BUT NOT LIMITED TO SUCH WARRANTIES OF FITNESS OR MERCHANTABILITY FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
DECODED SOLUTIONS, LLC AND COMPANY PARTIES WHOLLY DISCLAIM ANY WARRANTIES REGARDING THE TIMELINESS, SECURITY, RELIABILITY, AND PERFORMANCE OF ANY SERVICE OR OFFERING MADE AVAILABLE ON, THROUGH OR AS PART OF OUR SITE OR SERVICES.
FURTHER, DECODED SOLUTIONS, LLC AND COMPANY PARTIES WHOLLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, FOR ANY CONSULTATIVE ADVICE OR INFORMATION OBTAINED ON, THROUGH OR AS PART OF OUR SITE OR SERVICES.
Other than as expressly defined in these Terms of Service, neither We, nor Our parent company, subsidiaries, affiliates, contractors, employees, officers, distributors or suppliers, hereafter referred to as “Company Parties” make any specific promises or guarantees regarding Our Services or Site.
For example, we do not make any claims as to the accuracy of any advice we provide as part of our Services, nor regarding any specific functions of the Services or Our Site, including but not limited to any claims of specific functions of the Services, Site or offers, or regarding their reliability, availability, or ability to meet your needs. Our Services and Site are made available to you “as is” and without warranties or guarantees of any kind, nor any guarantees of performance or any particular outcome.
Some jurisdictions may require or allow for certain warranties, such as the implied warranty of merchantability or fitness for a certain purpose and/or non-infringement. To the extent permitted by applicable law, we exclude all such warranties.
You hereby acknowledge that our Site and/or Services may contain material, links or other content (collectively, the “Links”) that may be protected by proprietary rights such as but not limited to trademark or copyright of BrandBoostr, Decoded Solutions, LLC or other third parties.
15. Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER DECODED SOLUTIONS, LLC NOR COMPANY PARTIES SHALL BE HELD LIABLE OR RESPONSIBLE FOR ANY CLAIMS, ACTIONS OR DAMAGES OF ANY KIND UNDER ANY THEORY OF LAW, WHETHER OR NOT FORESEEABLE, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES THAT ARE DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, THAT ARISE FROM OR AS A RESULT OF YOUR USE OR ACCESS OF OUR SITE, SERVICES, ADVICE OR INFORMATION.
To the extent permitted by law, the cumulative total liability of our Company and Company Parties for any claims arising from the use of our Site, Services or under these Terms of Service or applicable Privacy Policy, including liability for any implied warranties is limited to the total aggregate amount of $100 USD tender, or the lowest amount allowable by law, whichever is less.
We hereby disclaim any and all liability and responsibility for the reliability, accuracy, completeness, content or availability of any material, content, deliverables or Services made available or displayed on our Site.
Further, you hereby agree to hold Us harmless and indemnify us from any and all damages of any kind under any theory of law, as well as any claims or expenses (including but not limited to attorneys’ fees) related to or as a result of your use or access of our Site or Services.
16. Binding Arbitration
Disputes are never any fun, and we hope that we never have one with you. But, in the event that a dispute arises between you and Us, both parties hereby agree to make a good-faith effort to resolve the issue informally over the next 60 days.
In the event that a resolution cannot be reached during this timeframe, then both parties hereby agree that: THE RESOLUTION FOR ANY DISPUTE OR CLAIM A CUSTOMER OR USER OF BRANDBOOSTR WISHES TO PURSUE REGARDING THE USE OR ACCESS OF OUR SITE OR SERVICES, OR THAT ARISING OUT OF OR IN RELATION TO THESE TERMS OF SERVICE OR ANY OF OUR OTHER TERMS OR POLICIES SUCH AS OUR PRIVACY POLICY, ARE TO BE SETTLED BY BINDING ARBITRATION IN THE USA JURISDICTION CHOSEN BY DECODED SOLUTIONS, LLC AND CONDUCTED IN THE ENGLISH LANGUAGE, THE RESULT OF WHICH SHALL BE LEGALLY BINDING AND ENFORCEABLE BY ANY US COURT.
Any such arbitration is to be held and conducted confidentially pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award resulting from proceedings shall be provided in writing, and are to include a detailed description and explanation for any and all conclusions of fact and law, including the assessment of associated costs, reasonable attorneys’ fees, and other costs.
17. CLASS ACTION WAIVER
WHERE PERMITTED BY LAW, YOU HEREBY AGREE THAT EACH PARTY TO THESE TERMS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR PLAINTIFF IN ANY PURPORTED REPRESENTATIVE OR CLASS ACTION. No arbitration decisions or awards are to have any preclusive effect as to the issues or claims in any dispute with any individual or entity who is not a named party to the arbitration. Unless agreed upon in writing by both parties, no arbitrator or judge may consolidate more than one entity’s or individual’s claims or otherwise preside over any form of representative or class proceeding.
18. Business Use of Our Site or Services
In the event that You are using or accessing our Services or Site on behalf of another entity or business, that entity or business hereby accepts these Terms of Service and you hereby warrant that you have the proper authorization and authority to bind the entity or business to these terms. In the event that you do not have the appropriate authority to bind such a business or entity to these terms, then you may not purchase or use the Services of our Site acting as or on behalf of said business or entity.
19. Miscellaneous
Headings: Headings at the beginning of each section and/or subsections are solely for convenience and are not intended to be a part of this Agreement, and shall have no effect upon the construction or interpretation of any part hereof.
Enforcement: In the event that any terms of this Agreement are unenforceable or void as determined by a US court of competent jurisdiction, such terms shall be eliminated or limited to the minimum extent necessary by law and replaced with a valid provision that most closely embodies the original intent of these Terms of Service and Agreement. The remainder of the Agreement shall remain in full force and effect.
No Third Part Beneficiaries: The parties hereto do not intend to confer any benefit hereunder on any person or entity other than the parties hereto and, therefore, there are no third party beneficiaries to this Agreement.
Survival Clause: The respective indemnities, waivers, representations, warranties, terms and agreements of the Company and You in these Terms and any other “Service Specifc Terms”terms shall survive the delivery of and payment for Services and shall remain in full force and effect, regardless of any termination of any Sservice or agreement with Us.
Governing Law and Jurisdiction: These Terms of Service, our Service Specific Terms and any other agreements you may have with us now or in the future are to be governed and construed under the laws of the State of Deleware, without regard to conflict of laws or rules.
In the event that the arbitration clause in these terms is overthrown or not upheld in a court of law, You (a) hereby consent to submit to the exclusive personal jurisdiction in the State of Delaware or any court of the State of Delaware in the event any dispute arises out of this Agreement or any of the transactions contemplated by or under these and our other terms, and (b) hereby waive any right to challenge jurisdiction or venue in such courts with regard to any suit, action, or proceeding under or in connection with these terms or Services. Each party to this Agreement also hereby waives any right to trial by jury in connection with any suit, action, or proceeding under or in connection with these terms.
Force Majeure: In case of an event beyond the reasonable control of Us, we shall NOT be held liable in any form under any theory of law for failure to perform our obligations under these terms or any other agreements you have with us
Such events under Force Majeure may include but not limited to natural disasters, tornadoes, power outages, failure of a utility company to supply necessary access such as internet access, an act of God, malicious damage, cyber security threat or incident, a governmental or regulatory order, accident to person or equipment, health or medical issues, fire, flood, storm, or defualt or non-performance of any contractors, sub-contractors, or any other third party.
Preservation of Rights: Failure to demand, enforce or insist on strict performance of the terms, policies or conditions of the terms of this agreement shall not be considered in any way to be a waiver by BrandBoostr of any term, policy, provision or right it has to enforce these terms.
Entire Agreement: This Agreement constitutes an entire agreement between you and BrandBoostr with regard to your use and access of our, Site, Services and offerings, and all other written or verbal agreements between you and Us with respect to such are hereby suspended, void and cancelled.
20. About these Terms of Service
DECODED SOLUTIONS, LLC RESERVES THE RIGHT AT ANY TIME, WITH OR WITHOUT NOTICE, TO MODIFY THESE AND ANY OTHER TERMS APPLICABLE TO OUR SITE OR SERVICES. WE SUGGEST YOU BOOKMARK AND VISIT THIS PAGE REGULARLY.
Any changes made to these or other terms will be made at our sole discretion and shall take effect immediately upon publication to this page. Your continued access or use of our Site and Services is subject to your acceptance of these Terms of Service.
Failure by Us to take immediate action for non-compliance or violations of these Terms of Service by You or others will not be construed or interpreted as a relinquishment of our rights, such as taking action in the future.
In the event that a particular term is not enforceable by law, the unenforceable term(s) shall not impact any other terms of this agreement.