Please read this End User License Agreement (“Agreement”) carefully. The Services are provided by Boost Billing, located at 200 W. Adams St., Ste. 2700, Chicago, IL 60606. By using our Services, you are agreeing to the Agreement
Service. Service shall mean any service developed, offered, or maintained by Boost Billing, including but not limited to any of the Boost Billing websites, manuals, FAQ’s, and all related collateral materials, logos, user interface, taglines, and goodwill, all of which are exclusively the property of Boost Billing and collectively referred to as the “Service.”
Grant of License. You are granted a non-exclusive, limited and non-transferable license to use and access the Services. You agree not to modify, reverse engineer, reproduce, duplicate, copy, sell, resell, adapt, or exploit the Service without the express written permission from Boost Billing. You agree not to use the Service for any unlawful, offensive, threatening, infringing, defamatory, pornographic, obscene, or other purpose violating anyone’s rights. You agree not to send, store, or upload any “spam” or any malicious code or virus of malicious or destructive nature.
Access and Security. Each user of Boost Billing requires a unique user ID and password. Any additional user must have his or her own unique user ID and password. You shall not share Your ID with another person. You shall be responsible for the access, actions, use, and data entered to the Service. You shall be responsible for protecting the confidentiality of usernames and passwords to the Service, as well as maintaining the accuracy of the personal information provided to Boost Billing. You shall be responsible for maintaining or implementing procedures and policies to prevent any unauthorized access or use of usernames and passwords, and will notify Boost Billing if a username or password has been lost, stolen, or compromised. You agree to immediately notify Boost Billing of any unauthorized access or use.
Ownership of Data. You retain all ownership of any and all data you upload, import, or generate, from the Service. You acknowledge and agree that Boost Billing may need to access and view your data to assist with your questions, technical support requests, training or other issues. Boost Billing will not access your data without your permission and will only access data which is reasonably necessary to address or complete your requests or issues. To the extent that you give Boost Billing access to your data, Boost Billing shall treat your data as confidential. Boost Billing treats your data as confidential information and will not disclose any data to the extent allowed by law.
Response to Legal Process. Boost Billing reserves the right to provide your data to third parties if required or compelled by law (court order or subpoena) and to comply with law enforcement authorities in an investigation of a criminal or civil matter. Boost Billing shall provide you notice of the legal process to the extent allowed by law.
Usage Data. Usage Data shall mean data related to the use or operation of the Services, such as anonymous usage related data and technical data collected in connection with the use of the Services. Boost Billing reserves the right to collect, aggregate, monitor, and use Usage Data to improve the functionality, performance, and aid in further development of the Service.
Disclaimer of Warranty. You acknowledge that use of the Service is at YOUR own risk. Boost Billing provides the Service as is without any express, implied or statutory warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Boost BIlling does not guarantee that the Service will always function without disruptions, delays or imperfections. Boost Billing makes no warranty as to any results that may be obtained from the use of the Service. Boost Billing disclaims all warranties of any kind related to YOUR hardware or software beyond the warranties provided by the manufacturer of YOUR hardware or software.
Limitations of Liability. Neither Boost Billing nor YOU shall be liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, loss of good will, loss of business opportunity, loss of data, work stoppage, computer failure or malfunction, or other pecuniary loss) whether under a theory of contract, warranty, tort, or otherwise, even if the other party has been notified of possible damages. In no event shall either party’s total aggregate and cumulative liability for any and all claims of any kind arising as a result of or related to the Services provided, exceed the sum of any FEES actually paid by YOU for a one year period immediately preceding the date the cause of action arose.
Force Majeure. Neither you nor Boost Billing shall be responsible for any interruption, delay, or other failure to perform under this Agreement due to acts beyond the control of the responsible party or the occurrence of a Force Majeure. Force Majeure shall mean events not reasonably foreseeable or otherwise caused by or under the control of the party claiming Force Majeure, including Acts of God, natural disasters (e.g. lightning, earthquakes, hurricanes, floods) wars, riots, explosions, terrorism, vandalism, civil unrest, governmental acts, injunctions, failures of telecommunication providers or internet service providers; failure of third party suppliers, service providers, or vendors; and any other cause beyond the reasonable control of a party.
Severability. If any provision of these Agreement is held to be invalid or unenforceable, the provision shall be modified and interpreted so as best to accomplish the objective of the original provision as permitted by law, and the remaining provisions shall remain in full force and effect.
Choice of Law. This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to the principles of conflict of laws. All disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction and venue of the Illinois state and federal courts for Cook County, Illinois, and the parties consent to the personal and exclusive jurisdiction of these courts.
Updates. Boost Billing reserves the right to modify, update, change or amend this Agreement. If you do not agree to any modifications of the Agreement, you should discontinue your use of the Services.