BOSS CYBERNETICS - Terms and Conditions
This Website, Mobile App, Professionals, Customer, Venues and the Services of BOSS CYBERNETICS (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of event requests via telephone or electronically constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by BOSS CYBERNETICS (including but not limited to BOSSCYBERNETICS.COM website and app) and collectively referred to herein as "BOSS CYBERNETICS," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.BOSSCYBERNETICS.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on June 5th 2018.
INTRODUCTION TO BOSS CYBERNETICS
Upon registration, you may choose your own password by email by BOSS CYBERNETICS.
At BOSS CYBERNETICS we are committed to making your total BOSS CYBERNETICS experience a positive one. There are several ways you can find event professionals / customers through BOSS CYBERNETICS (collectively, "Professionals / Customers"). Gathering Information is our service where you fill out information to be matched to a professional(s) / Customer(s) of choice. Also, you may select or search for individual Professionals / Customers from our Live Directory (a.k.a. Professionals), a directory of Professional members along with their ratings and reviews.
Gathering Information. Upon entering your information and the request for which you would like a Professional / Customer, we will attempt to match you to Professionals / Customers in your area, who may be interested in fulfilling your event needs. However, we do not guarantee that we will be able to match your event needs with a Professional / Customer or that there are Professionals / Customers in your area that are either capable or willing to complete your event needs.
Professionals / Customers. You can view a directory of Professionals / Customers in your selected geographical area who provide services in the categories that you select. These listings include ratings and reviews of those Professionals from their customers, when available. All professionals on the BOSS CYBERNETICS site will begin their journey with a five-star review, it is up to each professional to maintain this status.
Instant Messaging. With Instant Messaging, you can request that BOSS CYBERNETICS connect you with a Professional / Customer / Venue by instant message immediately.
Instant Booking. You can choose to schedule appointments with certain Professionals / Customers / Venue right on the BOSS CYBERNETICS app. Please be aware that BOSS CYBERNETICS does not guarantee that the Professionals or Customers or venues will be on time for, or show up for, any such booked appointments, as the Professionals, Customers and Venues are not the employees, contractors or agents of BOSS CYBERNETICS. BOSS CYBERNETICS is solely providing the platform to facilitate scheduling of appointments and safely exchanging funds between you and the Professionals, Customers and Venue.
The Professional and the venue is the persons that are solely responsible for providing the goods and services offered on the BOSS CYBERNETICS platform, including flat rate projects, hourly projects or more. You agree that BOSS CYBERNETICS is not responsible for the accessibility or unavailability of any Professional or Venue or for your interactions and dealings with a Professional, Venue or Customer.
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Professionals and Venues listed on our website and app or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Professional(s) or the quality of the job that he or she may perform for you if you elect to retain their services. BOSS CYBERNETICS does not endorse or recommend the services of any particular Professional. Except as set forth below, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Professional and venue and the Professional's and Venue’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Professional or Venue. We do not guarantee or warrant any Professional's or Venue’s performance on the job or the outcome or quality of the services performed. The Professionals and Venues are not employees or agents of BOSS CYBERNETICS, nor is BOSS CYBERNETICS an agent of the Professionals and Venues.
Contracting via the BOSS CYBERNETICS Website. BOSS CYBERNETICS may inform you of certain offers or discounts provided by a Professional or Venue. Such offers or discounts are made solely by the Professional or Venue, and BOSS CYBERNETICS does not guarantee or warrant the pricing or discounts that a Professional or Venue may offer you. Any quotes provided by Professionals or Venues via the BOSS CYBERNETICS website or apps, or which you find on the BOSS CYBERNETICS website or apps, are not contractually binding offers, are for informational purposes only, and may not be accepted on or via BOSS CYBERNETICS. No contractual arrangement is created based upon the quotes provided to you from Professionals or Venues (or your scheduling of an appointment with a Professional) via BOSS CYBERNETICS. To contract with a Professional or Venue, you must work directly with the Professional or Venue. BOSS CYBERNETICS does not perform, and is not responsible for, any of the Services requested by you in your event request. Your rights under contracts you enter into with Professionals or Venues are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. BOSS CYBERNETICS is not a party to such agreements. All payments and applicable taxes must be made to the BOSS CYBERNETICS platform in accordance with the agreements. Be sure that all contracts agreed to reflect any said discounts or offers mentioned or advertised by the Professional as BOSS CYBERNETICS will not be responsible for any discrepancies.
Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Professional or Venue or the fees charged by any Professional or Venue, you must address such dispute with the Professional or Venue directly (although you may copy BOSS CYBERNETICS on the fee disputes). YOU HEREBY AGREE TO RELEASE BOSS CYBERNETICS (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS OR VENUES.
YOUR USE OF THE BOSS CYBERNETICS SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of BOSS CYBERNETICS is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect BOSS CYBERNETICS content/code via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use BOSS CYBERNETICS to recreate or compete with BOSS CYBERNETICS, to solicit or harass Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to BOSS CYBERNETICS for any such damages and will indemnify BOSS CYBERNETICS in the event of any claims against BOSS CYBERNETICS based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any BOSS CYBERNETICS Services, products or properties at any time. All information about Professionals, Venues or Customers is confidential and for your personal use only. If it is determined or suspected by BOSS CYBERNETICS in its sole discretion that you are misusing or attempting to misuse or circumvent the BOSS CYBERNETICS services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, BOSS CYBERNETICS reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
We may allow you to pay for goods or services provided by Professionals, Venues or Customers, through the BOSS CYBERNETICS website, apps, or services. Should you have any dispute with the goods or services provided by the Professional(s), Venue(s) and Customers (s) you select, as set forth above, you must contact the Professional, Venue and Customer and resolve such dispute with the Professional, Venue or Customer. However, if the dispute is regarding the amount of money that you paid for the services by the Professional, Venue or Customer (including that you were not charged the amount you agreed to in your agreement with the Professional, Venue or Customer) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the services, the purchase of the services are final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.
INFORMATION YOU PROVIDE TO USTCPA CONSENT
Upon using BOSS CYBERNETICS, you will be prompted to disclose certain information about yourself and your event requirements, and you will be able to store information, such as event details, on our website or apps. Some of this information will be sent to Professionals, venues or customers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Professionals, Venues and Customers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize BOSS CYBERNETICS to send you an automated prerecorded call confirming your service event, along with calls from professionals, venues or customer that can help you with your request to the land-line or mobile phone number you provided, and you understand that either BOSS CYBERNETICS or the Professionals, Venues or Customers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your verbal consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing an event request, you are entering into a business relationship with BOSS CYBERNETICS and/or a Professional, Venue or Customer and thus agree to be contacted by BOSS CYBERNETICS and/or a Professional, Venue or Customer. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or BOSS CYBERNETICS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BOSS CYBERNETICS has the right to refuse any current or future use of the BOSS CYBERNETICS Services (or any portion thereof) by you. You are responsible for any use of the BOSS CYBERNETICS Services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO BOSS CYBERNETICS AND THE SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN AN EVENT REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO BOSS CYBERNETICS AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH EVENT REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $12,000 TO EACH OF BOSS CYBERNETICS AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
By submitting an event request, you agree that BOSS CYBERNETICS and the Professionals may send you informational text (SMS) messages as part of the normal business practice of BOSS CYBERNETICS. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from BOSS CYBERNETICS on our website. You acknowledge that by opting out of receiving text (SMS) messages from BOSS CYBERNETICS and the Professionals, Venues and Customers, your use of BOSS CYBERNETICS Services may be impacted. BOSS CYBERNETICS and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via BOSS CYBERNETICS'S messaging platform.
DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Professional, Venues and Customers, and while we have no obligation to you with regard to your relationship with a Professional, Venue and Customer, the BOSS CYBERNETICS resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a event project with a Professional, Venue and Customer who you learned about through the BOSS CYBERNETICS Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Professional, Venue and Customer. You must participate and use good faith efforts to resolve problems through the BOSS CYBERNETICS resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Professional or Venue without a good faith basis for doing so. You agree that BOSS CYBERNETICS is not responsible for the accessibility or unavailability of any Professional, Venue or Customer or for your interactions and dealings with a Professional, Venue or Customer.
You acknowledge and agree that BOSS CYBERNETICS may monitor and/or record any communication between you and BOSS CYBERNETICS.
USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on BOSS CYBERNETICS, including but not limited to:
Photographs or Images, Comments, Questions and/or Answers, any other content (known collectively as "Content") is the sole and exclusive property of BOSS CYBERNETICS, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your request.
Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Grant of License. You hereby grant BOSS CYBERNETICS and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the BOSS CYBERNETICS and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
Representation of Ownership and Right to Use Content. By posting or providing any Content to BOSS CYBERNETICS, you represent and warrant to BOSS CYBERNETICS that you own or have all necessary rights to use the Content and grant to BOSS CYBERNETICS the rights granted below. The forgoing representation includes but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
Content Guidelines. BOSS CYBERNETICS reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any BOSS CYBERNETICS owned or operated websites or apps if BOSS CYBERNETICS determines (in its sole discretion) that such content contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
References to illegal activity.
Language that violates the standards of good taste or the standards of this Site.
Statements that are or appear to be false.
Comments that disparage BOSS CYBERNETICS.
With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "Contract has not been signed").
Comments concerning a different Professional, Venue or Customer.
Information not related to work requested in the event request.
If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a professional that has performed services for you pursuant to your applicable event request.
Professionals Profiles: BOSS CYBERNETICS allows Professionals to post profiles about themselves and their business on the BOSS CYBERNETICS website or apps. BOSS CYBERNETICS does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Professional. BOSS CYBERNETICS therefore makes no representations or warranties regarding any information posted by a Professional and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of BOSS CYBERNETICS. BOSS CYBERNETICS believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the BOSS CYBERNETICS network. BOSS CYBERNETICS does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that BOSS CYBERNETICS checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third-party sources.
DISCLAIMER: BOSS CYBERNETICS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
AFFILIATE SERVICE PROFESSIONAL, VENUE PRE-SCREENING. While we will not match you with a professional or Venue from our affiliates, we may display to you service professionals or Venues from our affiliates. These service professionals have NOT been screened by BOSS CYBERNETICS.
BOSS CYBERNETICS will only display 3rd party professionals that have an overall rating of above average from member reviews;
Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
RATINGS & REVIEWS ARE NOT ENDORSED BY BOSS CYBERNETICS.COM
All Ratings and Reviews of a Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of BOSS CYBERNETICS. BOSS CYBERNETICS disclaims any and all representations or warranties with regard to the Ratings and Reviews. BOSS CYBERNETICS does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
ARTICLES AND OTHER CONTENT
BOSS CYBERNETICS provides certain content relating to event planning ("Articles"), on the BOSS CYBERNETICS website or apps, and via mobile applications owned and operated by BOSS CYBERNETICS. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional or Venue.
LINKS TO THIRD PARTY SITES
The links in the BOSS CYBERNETICS website or apps will let you leave BOSS CYBERNETICS'S Website. The linked sites are not under the control of BOSS CYBERNETICS and BOSS CYBERNETICS is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. BOSS CYBERNETICS is not responsible for webcasting or any other form of transmission received from any linked site. BOSS CYBERNETICS professionals are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BOSS CYBERNETICS of the site. We do not recommend ever leaving the BOSS CYBERNETICS site for any third party site as any exchange on the BOSS CYBERNETICS site is secure.
THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
BOSS CYBERNETICS respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at info@BOSSCYBERNETICS.com.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the BOSS CYBERNETICS server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of BOSS CYBERNETICS. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the BOSS CYBERNETICS website or apps or any other BOSS CYBERNETICS owned, operated, licensed or controlled site. Elements of the BOSS CYBERNETICS or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, code, sound or image from any BOSS CYBERNETICS website may be copied or retransmitted unless expressly permitted by BOSS CYBERNETICS. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm, or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. BOSS CYBERNETICS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BOSS CYBERNETICS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE BOSS CYBERNETICS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOSS CYBERNETICS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
YOU AGREE TO INDEMNIFY BOSS CYBERNETICS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE BOSS CYBERNETICS SERVICES IN CONNECTION WITH THE BOSS CYBERNETICS WEBSITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A PROFESSIONAL, VENUE OR CUSTOMER, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
The exclusive means of resolving any dispute between you and BOSS CYBERNETICS or any claim or controversy arising out of or relating to use of this Website and/or BOSS CYBERNETICS'S services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against BOSS CYBERNETICS any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
By using the Website and/or BOSS CYBERNETICS'S services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and BOSS CYBERNETICS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against BOSS CYBERNETICS may be commenced only in the federal or state courts located in Guilford County, North Carolina. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms and Conditions, and any dispute between you and BOSS CYBERNETICS, shall be governed by the laws of the state of North Carolina without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
You acknowledge and agree that the BOSS CYBERNETICS Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and BOSS CYBERNETICS'S sole obligation to you or any third party for any claim arising out of your use of the BOSS CYBERNETICS Services or the BOSS CYBERNETICS or apps, is that you are free to discontinue your use of the BOSS CYBERNETICS Services or the BOSS CYBERNETICS or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BOSS CYBERNETICS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT BOSS CYBERNETICS SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF BOSS CYBERNETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of BOSS CYBERNETICS'S successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of BOSS CYBERNETICS to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely in the State of North Carolina and between North Carolina residents. You agree to submit to jurisdiction in North Carolina and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Guilford County, North Carolina. These Terms and Conditions constitute the entire agreement between you and BOSS CYBERNETICS and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
© 2018 BOSS CYBERNETICS, Inc. All rights reserved.