Terms of Service
IMPORTANT: This Terms of Service Agreement (“Agreement”) is a legal agreement between You and ConnectBooster, LLC. (“ConnectBooster”), a North Dakota limited liability company. Please carefully read all of the terms and conditions of this Agreement prior to signing up for ConnectBooster’s Software-as-a-service (“the Software”). By signing up for the Software, you acknowledge that you have read, understand, agree to, and accept this Agreement. If you do not agree to this Agreement, then you may not use the Software. By signing up for the Software you also agree to accept any upgrades or revisions to the Software.
This Agreement governs the Software, which includes ConnectBooster’s Software-as-a-service, associated components, media, printed, and online documentation.
- Reservation of Rights
The Software is protected by copyright, trade secret, and other intellectual property laws and treaties. ConnectBooster reserves all rights not expressly granted to You in this Agreement.
- Grant of License
You are granted a single, personal, limited, non-transferable, and non-exclusive right and license (“License”) to use the Software under the terms stated in this Agreement. Title, copyright and ownership of the Software and any related documentation remains with ConnectBooster. Your License will immediately cease if any of the terms, conditions, or obligations herein are violated.
- Subscription Licensing and Term
You will be bound for the entire Term of this Agreement. “Term” is defined as the period of time beginning on the Effective Date and ending on the date set forth in the Order Form, or, if later, the expiration date of any SOW. If the Order Form does not contain a termination date, the Term shall be deemed to end on the later of the three-year anniversary of the Effective Date and the expiration date of any SOW. Except as otherwise specified in an Order Form, at the end of any Term, subscriptions will automatically renew for additional Terms equal to the greater of the expiring Term length or three (3) years, unless either party gives the other party notice of nonrenewal at least 30 days and no more than 60 days before the end of the relevant Term. Except as otherwise specified in an Order Form, pricing during any renewal Term will be the same as that during the immediately preceding Term plus an increase not to exceed five percent (5%) plus any increase in the U.S. Prime Rate, as determined by Connect Booster in its sole discretion. ConnectBooster will automatically charge Your credit card or debit the provided bank account at the beginning of the next term unless Your subscription has been timely cancelled. Failure to maintain updated financial information will result in termination of your subscription.
- Prices, Taxes and Incidental Charges
Upon renewal, ConnectBooster will adjust its pricing and if it does so will provide notice to you of the new price. Any price adjustments will not be retroactive and will take effect upon the renewal of the subscription term. Subscription prices do not include any taxes, or other fees required by law, and are the sole responsibility of You to pay. ConnectBooster may collect taxes if required by law and You agree to pay these to ConnectBooster when applicable.
- Product Support Services
ConnectBooster may make available product support services, training, and other materials (collectively “Support”) related to the Software. This Agreement does not obligate ConnectBooster to provide any Support. You agree that ConnectBooster may collect and use technical information gathered as part of the Support services provided to you, if any.
- Disclaimer of Warranty
The Software is licensed “as-is.” You bear the risk of using it. ConnectBooster makes no warranties (express, implied or statutory) with respect to the Software and any accompanying materials, written or electronic, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
You understand and agree that ConnectBooster has not given You and does not give professional advice, whether legal, financial, accounting, tax, health care, real estate or otherwise. If you have any questions regarding such services you must consult the services of a competent professional.
- Remedies and Limitation of Liability
In no event will ConnectBooster be liable to You for any direct or indirect damages including loss of profits, lost savings, loss of data, or other special, incidental, consequential, indirect, or punitive damages arising out of Your use of or inability to use the Software.
ConnectBooster’s liability, and your exclusive remedy, for any claims arising out of the furnishing, performance or use of the Software (whether arising out of contract, tort, or other applicable law) shall be limited to the most recent one month’s subscription fee.
- Payment Gateway
In order to receive payments in ConnectBooster, You are required to have an agreement with the payment gateway provider. You are bound to the terms of service for the payment gateway provider which is not covered by this document.
- Termination and Suspension
Without prejudice to any other rights, ConnectBooster may terminate, suspend, or revoke Your use and any other users You’ve granted access to the Software at any time if you violate this Agreement. You may terminate your subscription at any time. Subscription fees are not refundable.
You are responsible for your content. You are responsible for all materials, data and personal information (“Content”) uploaded, posted, synchronized, or stored through the use of the Software.
You agree not to use, nor permit any third party to use, the Software to upload, post distribute to, link to, publish, reproduce, engage in or transmit any of the following, including, but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind including without limitation that would encourage disparaging others or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent Your identity or qualifications;
- Virus, trojan horse, work or other disruption or harmful software or data;
- Any information, software or Content which is not legally Yours and without permission from the copyright owner or intellectual property rights owner.
11.1 Community Forums. The Software may include a Community Forum or other social features to exchange Content and information with other users of the Software. ConnectBooster does not support and is not responsible for the content in these Community Forums. Please use respect when You interact with other users in a Community Forum. Failure to treat others with respect may result in being placed on Santa’s naughty list and/or a late night visit from the ConnectBooster Rooster. (Or, as our lawyer required us to say, may result in Your Subscription being terminated).
11.2 Feedback. ConnectBooster may freely use feedback You provide. You agree that ConnectBooster may use Your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant ConnectBooster a perpetual, worldwide, fully transferable, sublicensable, non revocable, full paid-up, royalty free license to the use the feedback You provide to ConnectBooster in any way.
11.3 Monitoring. ConnectBooster may monitor your Content. ConnectBooster may, but has no obligation to, monitor your Content or the content of others on the Software. We may disclose information necessary to satisfy our legal obligations, protect ConnectBooster and its customers, or operate the Software properly. ConnectBooster, in its sole discretion, may refuse to post, remove or refuse to remove any Content, in whole or part, alleged to be unacceptable, undesirable, inappropriate or in violation of this Agreement.
You hereby grant to ConnectBooster a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable (directly and indirectly), transferable, perpetual and irrevocable license to (a) anonymize and/or aggregate the data and use such anonymized and/or aggregated data (“Usage Data”) for our business purposes, including but not limited to deriving statistical, usage data, and other data related to the functionality of the Software, improving the Software, developing and making available other products and services, and sharing such data with our customers, affiliates, and business partners, and (b) combine or incorporate such Usage Data with or into other data and information available, derived or obtained from other licensees, users, and/or any other sources (when so combined or incorporated, such data referred to as “Combined Data”). We shall own all right, title and interest in Usage Data and Combined Data. For the avoidance of doubt, anonymized and/or aggregated Usage Data and Combined Data shall not be considered Confidential Information. All data, including Usage Data and Combined Data, will be retained while the subscription to the Software is active and may, at ConnectBooster’s sole option, be deleted once the subscription has been terminated.
You are responsible for managing and securing your password(s) for the Software. Please notify ConnectBooster immediately if you become aware of any unauthorized access to your account.
- Applicable Law
The laws of the state of North Dakota shall govern this agreement. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Cass County, North Dakota for resolution of any disputes arising out of this Agreement.
- Entire Agreement; Severability
This Agreement, including any addendum, supplement or amendment, is the entire agreement between You and ConnectBooster relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this Agreement. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Software, on our website for the Software, or when we notify you by other means. Your continued use of the Software indicates agreement to the changes.
During the course of this Agreement, either party may have or may be provided access to the other’s proprietary items or confidential information (“Confidential Information”). Except as expressly set forth herein, each party agrees to maintain the confidentiality of the other’s Confidential Information in accordance with this provision and any separate nondisclosure agreement that expressly references the disclosure(s) between ConnectBooster and You. At a minimum, except as expressly set forth herein, each party agrees that it shall not make the other’s Confidential Information available to any third party without the written consent of the other and that title and ownership of the Confidential Information provided by one party to the other shall remain the exclusive property of that party who has the right to possess the Confidential Information.
Congratulations! You made it to the end of our Terms of Service Agreement. Thank you for being a ConnectBooster customer. If you have any questions, please let us know. If you are ever in Fargo, North Dakota, we welcome you to visit our office and take a ride down one of our three (3) slides.