Version Date: October 1, 2019
TERMS AND CONDITIONS AGREEMENT
This Terms and Conditions Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you” or "client") and Post and Boost, Inc. (“Company” or “we” or “us” or “our”), concerning the services provided for you by the Company from the postandboost.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Website is a social media advertising service of the Company. The Company creates posts on Facebook® and boost these posts for you. A Post (“Post”) is local copy and custom photography, and a Boost (“Boost”) is spending money on Facebook to increase the advertising exposure of the Post to the User’s target demographic (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS EITHER ELECTRONICALLY OR VERBALLY TO THE COMPANY.
PURCHASES; PAYMENT: Unless otherwise agreed to, Company bills you through Authorize.net for purchase of Company Services. You agree to pay Company all charges at the prices then in effect for the services you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payments using that selected payment method. Company Services is a service that recurs monthly, is typically billed on the 5th of the month, and you consent to our charging your payment method on a recurring basis without requiring your prior approval from you for each recurring charge until such time you cancel the Company Services. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. All payments shall be in U.S. dollars.
FACEBOOK PAYMENTS. User agrees and gives the Company the authority to submit and use the User’s authorized credit card for payments directly to Facebook for payments to Boost the User’s Posts. The amount per post will be based on the Facebook Budget (“User’s Facebook Budget”) communicated to the Company by the User. Unless otherwise instructed by the User, the amount is the monthly User’s Facebook Budget for the month divided by the number of Posts to be made by the Company for the User. As charges are incurred by Facebook, Facebook will charge the User’s credit card as defined by Facebook’s Payment Terms (CLICK HERE FOR FACEBOOK’S PAYMENT TERMS)
REFUND POLICY: Recurring billing for the Company is for future services. Refund of future serves on a pro-rated basis will be made if the User has terminated services. User agrees Facebook advertising purchased as a part of any and all Boost activity on behalf of the user are not refundable.
No refunds shall be issued for services rendered past 30-days.
Regarding Your Registration: By using the Company Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
E. your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and User Admin (“Admin”) and (b) maintain and promptly update registration data, Facebook Budget, and all other data including User Answers (“Answers”) in the Admin to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Company has the right to make corrections in order to fix future Posts. If User is willfully providing inaccurate information. Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Company Service and Content used for Posts: The Website is a focus point that establishes a collaboration between the Company and the User to create, Post and Boost advertising on the User’s Facebook page. User is responsible for all content on its Facebook page, authorizes the company to create a Post three (3) times weekly, to Boost a Post as defined in Purchases; Payment, and agrees to Facebook’s Statement of Rights and Responsibilities (CLICK HERE FOR FACEBOOK’S STATEMENT OF RIGHTS AND RESPONSIBILITIES).
The User is purchasing and the Company is agreeing to provide a unique advertising service on the User’s Facebook Business Page (“Page”). The Company strives to make a best effort to provide accurate information on the User’s business within the content it Posts on behalf of the User. Content is created from information provided by the User during the onboarding process to the Website, ongoing conversations, communications, meetings between the User and the Company, information on the User’s Admin, and photography taken at the User’s place of business by the Company or the User. Because of the uniqueness of the Company Services and the dynamic creation of content, there is always the possibility of error, misspellings, incorrect pictures, or other mistakes within a Post. User agrees to review Posts as they are published on Facebook, typically on Monday, Wednesday and Friday every week. Any Post that is on Facebook for more than 24-hours of the date/time of the Post shall be deemed Accepted by the User. If a Post is inaccurate, needs corrections, should be deleted, or modified in any way, User will contact the Company immediately using communication tools found within the Website, or directly call, text, or email with the Company. Company will make every effort to make immediate corrections.
User can create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material for the purpose of supporting the Company Services (collectively "Contributions"). Any Contributions you transmit to Company unless otherwise conveyed will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, or accept any Post, you thereby represent and warrant that:
A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
Photography created by the Company to support its posts on your Facebook Business Page is intended for use on Facebook the day and time of the post. You agree to not re-use or re-purpose any of these images without the expressed, written permission of the company.
FACEBOOK: You represent you are entitled to disclose your Facebook Account login information to Company if needed, and/or grant Company access to your Facebook Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the Facebook Account and without obligating Company to pay any fees or making Company subject to any usage limitations. You agree to provide the Company with access to your Facebook Business Page account. Company shall request access using the Facebook Business Manager. Once a request is made by the Company, you will receive a Notification from “Post and Boost, Now Mobile Media, Inc.”, requesting admin status. You agree to diligently support the process of finding the Notification and providing all permissions including your password to give the Company access to your Facebook Business Page. If necessary, you agree to make available either your personal Facebook account username and password, or provide the Company access to your Page through requesting and receiving Administrative Rights. Company is authorized to create your Page if needed on your behalf, make changes to your Facebook Settings to enhance organic activity, invite Facebook users who have expressed a “Like” on a Post to Like your Page, hide/remove negative comments within posts, ban those users if appropriate, monitor reviews if reviews are accepted and requested by you, create Posts on your behalf, and Boost Posts on your behalf based on the budget established in the User Admin. Boosts may be accomplished either on the Facebook Business Page, or the Facebook Ad Manager. User has all rights to all Posts created for the User’s Page. User also agrees that all content and Posts on the Page belong to the User.
By granting Company access to your Facebook Account, you understand that (i) Company may access, and store any content you have provided to and stored in Facebook so that it is available on and through the Website via your account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH FACEBOOK. Facebook® is owned by Facebook Inc. Company is not a part of Facebook, nor does it represent any affiliation, partnership, alliance or sponsorship.
SUBMISSIONS: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MARKET EXCLUSIVITY: The Company believes the service it provides gives its customers a competitive advantage in the market it serves, therefore the Company provides "Market Exclusivity" to you as a part of the Agreement. Market Exclusivity means the Company will not provide its Post and Boost Services to direct competitors ("Direct Competitors") in your service area ("Service Area"). The maximum Service Area is a radius of 15-miles from the address of your primary location as defined in the Agreement ("Primary Location"). If you prefer a larger market area, the calculation is as follows: 30-mile radius = two times the monthly page management price, and a 50-mile radius = three times the monthly page management price. The Company may provide Services to other customers in the Service Area provided you agree they are not a Direct Competitor, and that your agreement will not be unreasonably withheld.
PROHIBITED ACTIVITIES: You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
B. attempting to impersonate another user or person or using the username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
E. deleting the copyright or other proprietary rights notice from any Website content
F. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
G. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
H. selling or otherwise transferring your profile
I. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
J. using the Website in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS: The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, platform functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
PHOTOGRAPHER AND PHOTOGRAPHY: The Company may hire an independent contractor ("Contract Photographer") who has been trained and certified by the Company to take pictures and create photography to be used as a part of the Company Services. The Company will have a fully executed Agreement with the Contract Photographer with its own terms and conditions. The Contract Photographer is not an employee of the Company, you agree to the Contract Photographer is not an employee of the Company, and you agree that any conduct or actions by the Contract Photographer that for whatever reason cause any harm to you whatsoever shall be bound and capped by the Limitation of Liability set forth herein. Resulting photography is owned by the Company, and that the right to use of the photography by you will not be unreasonably withheld.
TERM AND TERMINATION: This Agreement shall remain in full force and effect while you use the Company Services or are otherwise a user or member of the Website, as applicable. The Initial Term is based on your Agreement with the Company and shall commence upon the date of the first post on Facebook. After the Initial Term, you may terminate your use or participation at any time, for any reason by contacting us using the contact information below. There is a 30-day cancellation policy.
You agree, upon termination, you will not reuse any of the photography created by the Company for any other purpose including but not limited to re-posting on Facebook. You also agree that the words written by the Company to create your posts represent artwork created by the Company for the date and time of the original post created by the Company as a part of your Agreement. Company artwork, either partially or as a whole, may not be reused by you for any new or future postings on Facebook or as a part of any external or internal advertising.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
To Agreement: Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address, or print and mail to you as an individual mailing or as a part of a monthly billing. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
To Services: Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
DISPUTES BETWEEN USERS: If there is a dispute between users of the Website, between users and any third party, or between users and Third-Party Sales Agents, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
DISPUTED WITH COMPANY: All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Company Services shall be governed and construed by the laws of the State/Commonwealth of North Carolina, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over ALAMANCE County, State of North Carolina; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Company Services (including your visit to or use of the Website and/or the Company Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.
CORRECTIONS: Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
DISCLAIMERS: YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY POSTS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR POSTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR A POST. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY SALES AGENTS OF COMPANY SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY: IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO THE COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY: You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, Posts, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES: Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
USER DATA: Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
ELECTRONIC CONTRACTING: Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
PAST DUE ACCOUNTS: Company makes every effort to be fair and accommodate requests to be invoiced. In cases where an account is 60-days past due, the company has the right to use the existing credit card to settle the past due amount. Company also has the right to charge 1.5% interest monthly on outstanding, past due balances. Company may also make these past due charges retroactively.
USE OF WORK FOR MARKETING AND ADVERTISING PURPOSES: The Company has the right to use the work posted to Facebook for you in its marketing and advertising materials.
MISCELLANEOUS: This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Website and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
CONTACT US: In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Post and Boost, Inc.
Phone: (336) 516-9163
Post and Boost® is a registered trademark of Post and Boost, Inc.