Terms and Conditions of Use
In order to access some areas of the Site, or participate in certain aspects of the Site, you will need to create a profile and an account. When creating your account, you agree to provide complete and accurate information. You shall be responsible for maintaining the secrecy of your username and password, and BOOST accepts no responsibility for unauthorized use of the same. You agree not to use any username or password not belonging to you.
Code of Conduct
In using BOOST.com, you agree to abide by all applicable laws and regulations, and comply with community standards of decency in your activities. You agree to refrain from posting words or images that are obscene, defamatory, false, unlawful, or infringe upon others’ rights, including intellectual property rights. You also agree to refrain from posting content that could be deemed an advertisement or solicitation where not explicitly authorized by BOOST.
All content on this Site, including but not limited to images, text, code, graphical designs, and logos are the sole property of BOOST. Unauthorized use, reproduction, distribution, display, or creation of derivative materials is prohibited and could subject you to civil and/or criminal liability. Your use of the BOOST site does not create any interest in the intellectual property of BOOST. You agree that you will not use BOOST.com for any purpose other than personal use, and have no authority to use the content of the site, including BOOST’s trademarks and copyrighted materials, for any purpose other than those expressly provided on BOOST.com.
User Submissions and Articles
Users may submit information for use on BOOST.com, including but not limited to articles, advertisements, conference presenter applications, events, and profile information. In doing so, you agree that such submissions shall be lawful, and shall contain content that you have authority to use and post on BOOST.com. You agree that posting such submissions on BOOST.com shall provide BOOST with a worldwide, non-exclusive, royalty-free, sublicenseable and transferable right to use, distribute, reproduce, and display such content without limitation. Such rights shall include the rights of BOOST to prepare derivative works of such content. You further agree to read and abide by the terms of BOOST’s Author’s Guidelines and Republishing Policy.
BOOST is not responsible for the content posted on the Site. While BOOST reserves the right to monitor any submissions and to refuse to post or delete any content for any reason, it has no obligation to do so. The poster of content on BOOST.com is solely responsible for said content.
Links to Other Websites
Links to other websites may appear on this Site. Unless expressly stated otherwise, BOOST has no control over any such linked websites and is not responsible for and does not endorse or guarantee the content or services offered through such websites in any way. By accessing such websites, you do so at your own risk.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Intellectual Property Coordinator with the following information, in writing (see 17 U.S.C. 512(c)(3) for further detail):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Modifications to Policy
Termination of Account
BOOST has the exclusive right to terminate your account and/or access to the Site for any reason, at any time.
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, BOOST, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. BOOST makes no warranties or representations about the accuracy or completeness of this site’s content, the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any viruses, or malicious software of any kind that may be transmitted to or through our Site by any third party, and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
Limitation of Liability
In no event shall BOOST or its representatives or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, use of, and/or use of any information from, our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any viruses or malicious software which may be transmitted to or through our Site by any third party, and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site. Such limitation shall apply to the fullest extent authorized by the law of the governing jurisdiction.
You specifically acknowledge that BOOST shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You further specifically acknowledge that BOOST is not responsible for and in no event shall be liable to for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any third party event hosted, advertised, or otherwise listed or linked to this Site.
You agree that you will defend and indemnify BOOST and its representatives and agents for any and all claims, demands, causes of action, lawsuits arising out of your use of the site to the full extent authorized by law. Such indemnity shall include the payment of attorneys’ fees to BOOST’s counsel of choice for defense of said claim. This obligation will not be terminated if you cease using the Site.
Applicable Law and Venue
BOOST is a limited liability company doing business in the State of California, and its Site is run in the State of California. You agree that if there is ever a dispute between you and BOOST, for any reason, such claim, dispute, or cause of action shall be venued in the County of San Diego, State of California. Any such dispute shall be governed by the laws of the State of California.
Ability to Contract
You agree that you are in a condition to agree to be legally bound by these terms and conditions. If you are under 18 years of age and are not legally emancipated, you have the consent of your parent or legal guardian to agree to these terms and conditions. If you are under 18 years of age and do not have your parent or guardian’s consent to abide by these terms, you must not use BOOST.com.
BOOST is proud to serve as your resource for fitness professionals, wellness, and fitness-related information. As part of this mission, BOOST recommends that any and all visitors to this web site use common sense when making use of any information on www.BOOSTfit.com. Every individual’s fitness goals, needs, and abilities are unique. As such, BOOST recommends that users of this site exercise caution when exercising or leading others in fitness activities, and that all persons considering initiating an exercise program consult a physician before attempting to do so.