Terms of use

Da Boost LLC (“Da Boost,” “we,” or “us”) are committed to making your use of our services as comfortable as possible. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of our websites that display or link to these Terms of Use (including da-boost.com) (collectively, the “Sites”), including any content, functionality, and services offered on or through the Sites, whether as a guest or a registered user.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. IF THE TERMS OF USE OR THE PRIVACY POLICY IS NOT ACCEPTABLE TO YOU FOR ANY REASON, YOU SHOULD EXIT THE SITES IMMEDIATELY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS THE SITES.

Da Boost reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued use of the Sites after the effective date of any changes is deemed acceptance of the revised Terms of Use. For this reason, we encourage you to review these Terms of Use each time you visit the Sites.

Program Name: Da Boost SMS Notifications and Meeting Reminders

Program Description: By opting into the Da Boost SMS Messaging Program, you agree to receive SMS messages related to our digital marketing services, including updates, promotions, meeting reminders, service notifications, and relevant industry information. Message frequency may vary based on your engagement and the services you are using.

How to Cancel: You can cancel the SMS service at any time. Simply text “STOP” to our shortcode. After sending “STOP,” you will receive a confirmation via SMS that you have successfully unsubscribed. After this confirmation, you will no longer receive SMS messages from Da Boost, including meeting reminders. If you wish to rejoin, you can opt in again through our website, and we will resume sending SMS messages to you.

Help and Support: If you are experiencing issues with the messaging program, including meeting reminder notifications, you can reply with the keyword “HELP” for assistance. For additional help, feel free to contact us directly at support@da-boost.com or call our toll-free number at 972-348-5974.

Carrier Liability: Please note that carriers are not responsible for any delays or undelivered messages.

Message & Data Rates: Message and data rates may apply for both messages sent to you by Da Boost and messages you send to us. The frequency of messages, including meeting reminders, will vary based on your engagement and the services you subscribe to. For any questions about your text or data plan, please contact your wireless service provider.

Privacy Policy: For privacy-related questions or concerns, please refer to our Privacy Policy here: https://da-boost.com/privacy-policy/

1. Age Of Users

By accepting these Terms of Use, you certify that you are 18 years of age or older. If you are under the age of 18 but are at least 13 years of age, you may use the Sites only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

2. Use Of Website Materials

Da Boost grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to view, use, and print individual pages of the Sites for your personal, non-commercial use. Unless otherwise noted, the design of and all materials on the Sites, including, but not limited to, text, slogans, graphic, images, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress, and other intellectual property (“Content”) are owned, controlled or licensed by Da Boost or other providers of such material. The Sites are intended for personal and non-commercial use only. The Content provided on the Sites is to be used for informational purposes only. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.

The Sites provide information about products and services to consumers only. This license does not include and strictly prohibits: any resale or export of the Sites or the Content, or any derivative use of the Sites or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Da Boost and its licensors, suppliers, and Content providers. Da Boost reserves the right to terminate this license and your access to the Sites in the event you fail to comply with any of these Terms of Use or our Privacy Policy.

3. Copyrights And Trademarks

Da Boost, the Sites, and other Content on the Sites are subject to trademark, service mark, trade dress, copyright, or other proprietary or intellectual property rights or licenses held by Da Boost or its affiliates. Da Boost will aggressively enforce its intellectual property and other legal rights to the fullest extent of the law, including by seeking civil remedies and criminal prosecution. Other trademarks, product names, and company names or logos used on the Sites may be the property of their respective owners. The misuse of any Content, including any intellectual property displayed on the Sites, or other Content from the Sites is strictly prohibited. Da Boost has a no-tolerance policy regarding third-party use of our trademarks or names in metatags, hidden text, ad keywords, or otherwise without the prior written consent of Da Boost. More specifically, the unauthorized use of our trademarks or names in metatags, keywords, page test, hidden text, and/or ad keywords in conjunction with search engines constitutes trademark infringement and unfair competition. Linking to the Sites is prohibited absent express written permission from Da Boost. Framing, online linking, or other association of the Sites or Content, including, but not limited to, with links, advertisements, and/or other information not originating from the Sites is expressly prohibited.

4. Links To Third-Party Websites

The Sites may contain links to other websites that are not owned or controlled by Da Boost. Da Boost has no responsibility for the content of the linked websites nor does it necessarily endorse the linked sites or the products offered therein. Da Boost provides the links solely for your convenience. You should carefully review the terms of use and privacy policies on any third party site. Access to any third party sites is at your own risk and Da Boost will have no liability arising out of or related to such websites or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on, any such content, goods or services available on or through any such third party sites.

5. User-Generated Content

If you submit or otherwise make available, comments, reviews, suggestions, ideas, and other content to Da Boost or otherwise disclose, submit, or offer such information (collectively, “User Contribution”), you represent and warrant that you own or otherwise control all of the rights to the User Contribution and that it complies with the content standards set forth in Section 6 below. With respect to any User Contribution submitted or made available for inclusion on the Sites, you grant Da Boost a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive right and license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense such User Contribution, all without any payment to you or further authorization from you. You grant Da Boost the right to use the name, age range, and state of residence that you submit in connection with such User Contribution, if Da Boost chooses to do so. Da Boost shall not be limited in any way in its use, commercial or otherwise, of any User Contribution. Da Boost is under no obligation to maintain any User Contribution in confidence, pay you any compensation for any User Contribution, or respond to any User Contribution.

The posting of any User Contribution does not constitute Da Boost’s endorsement of such User Contribution. Da Boost cannot ensure prompt removal of objectionable material after it is posted. Accordingly, Da Boost assumes no responsibly or liability for any action or inaction regarding any User Contribution and has no liability for any claim, including, without limitation, loss or injury to real, tangible or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury or wrongful death in connection with any User Contribution. Da Boost reserves the right, but shall not be obligated, to edit or remove any User Contribution.

Notice Of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Sites in a way that infringes your intellectual property rights, please inform our designated Copyright Agent by email to media@da-boost dot com Pursuant to the Digital Millennium Copyright Act, to be effective, you must include the following information in your written notice:

• A detailed description of the copyrighted work you believe is being infringed;
• A description (such as the subdomain link) of the location on the Sites where the allegedly infringing content appears;
• Your contact information, including name, address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
• A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
• An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement in connection with the Sites. Contacts for other matters are provided elsewhere through the Sites.

6. Prohibited Uses

You shall not knowingly post, transmit, redistribute, upload, or promote any User Contribution, communication, content, or other materials to or from the Sites that: (a) contain corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially or ethnically derogatory, or otherwise violate any right of any third party; (c) are likely to upset, embarrass, alarm, inconvenience, or annoy any other person; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals, or entities; (f) impersonate any person, business or entity, including our company or our employees or agents or are likely to deceive any person; (g) encourage conduct that would constitute a criminal offense; (h) involve commercial activities, sales, contests, sweepstakes or other sales promotions, bartering, or advertising; (i) give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case; (j) give rise to civil liability; (k) violate any law; or (l) amount to any conduct that, in the judgment of Da Boost, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Sites, or may harm Da Boost or users of the Sites or expose them to liability. In addition to any remedies that Da Boost may have at law or in equity, if Da Boost determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. Da Boost will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone submitting such materials.

7. Reliance On Information Posted

The information presented on or through this Website is made available solely for general information purposes and convenience. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Da Boost disclaims all liability and responsibility arising from any reliance placed on such materials by you or anyone informed of its contents. On occasion, the Sites may contain incomplete information, typographical errors, or inaccuracies. We reserve the right to correct errors at any time without prior notice.

8. Disclaimer Of Warranty

YOUR USE OF THE SITES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Da Boost DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND Da Boost MAKES NO COMMITMENT OR ASSUMES NO DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Da Boost HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON OR THROUGH THE SITES.

9. Limitation Of Liabilities

IN NO EVENT WILL Da Boost BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR USE OF THE SITES OR ANY OTHER LINKED WEBSITES, AND ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF SAVINGS, LOSS OF GOODWILL, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF Da Boost IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. Da Boost CANNOT AND DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITES OR THE SERVICES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITES FOR ANY RECONSTRUCTION OF ANY LOST DATA.

10. Indemnification

By using the Sites, you agree to defend, indemnify and hold Da Boost, its subsidiaries, affiliates, successors and assigns, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, and suppliers harmless, to the maximum extent permitted by applicable law, from and against any and all claims, liabilities, judgments, awards, losses, damages and costs and expenses, including reasonable attorneys’ fees, related to or arising from your use of the Sites or the material provided therein or any breach by you of these Terms of Use.

11. Website Security

You are prohibited from violating or attempting to violate the security of the Sites by, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Sites, including, without limitation, via means of submitting a virus to the Sites, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Sites’ resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; or (g) otherwise attempting to interfere with the proper working of the Sites or engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by Da Boost, may harm Da Boost or users of the Sites or expose them to liability. Violations of Da Boost’s system or network security may result in civil and/or criminal liability. Da Boost will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites.

12. Notice And Electronic Communications

When you visit the Sites or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, and/or by posting notices and messages on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. Privacy Statement

Da Boost is committed to protecting the privacy of the visitors to the Sites. For information on how information is collected, used or disclosed by Da Boost in connection with your use of the Sites, please consult our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Revisions To The Site And Terms

Da Boost may terminate, change, suspend or discontinue any aspect of the Sites, including the availability of any features of the Sites, at any time and without notice. Da Boost also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time and without notice. Da Boost may terminate any authorization and rights given above at any time and without notice. Your continued use of the Sites after any changes to these Terms of Use are posted will be considered acceptance of those changes. In the event that you do not agree to any changes or modifications of these Terms of Use, you should not continue to use the Sites.

15. Jurisdiction And Governing Law

The Sites are controlled and operated by Da Boost from its offices in Dallas, Texas and Mexico. All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with applicable federal law and the laws of the state of Texas without regard to any choice or conflict of law provisions or rules. By accessing or using the Sites, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the State of Texas and County of Dallas, for all disputes arising out of or relating to the Sites, these Terms of Use, and any dispute of any sort that might arise between you and Da Boost that are heard in court. You waive any and all objections to the exercise of jurisdiction over you by such court and to venue of such court. 16. International Law The Sites and its content are intended to comply with U.S. laws and regulations. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. Da Boost makes no representation that materials on the Sites are appropriate or available for use outside of the United States.

17. General

These Terms of Use, the Privacy Policy, and any other relevant documents or policies incorporated herein or set forth on the Sites constitute the sole and entire agreement between you and Da Boost with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites. In the event of a violation of these Terms of Use, Da Boost reserves the right to seek all remedies available by law and in equity. No waiver by Da Boost of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Da Boost to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You may not assign these Terms of Use or your obligations to any other individual or entity, and any attempt by you to do so is void. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, dispute resolution, and confidentiality, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms of Use, shall survive the expiration or termination of these Terms of Use.

18. Additional Assistance

If you have any questions or comments, we invite you to contact our Customer Service Department. The Customer Service Department can be reached by email at media@da-boost dot com. See Section 5 above regarding the procedure for notices of alleged copyright infringement.}