TERMS OF USE

This Site is provided by THE BOSTON GROUP LLC and may be used for information purposes only.

EFFECTIVE: 07/25/2020

These Terms are effective as of the Effective Date above. If you have not reviewed the Terms of Use applicable to a Service since the Effective Date, please review these updated Terms carefully before using any Service.

We may change these Terms in the future, so we encourage you to review periodically the Terms of Use applicable to each Service you use. The most current version of the applicable Terms of Use (along with its effective date) will be linked from each of the “Services”. If you do not agree with any changes to these Terms, your sole remedy is not to use the “Services”. If you continue to use the “Services” after we change these Terms, you accept all changes.

 

Privacy Policy; Additional Terms

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the “Services”, and you consent to our use of data in compliance with the Privacy Policy.

Additional terms may apply to your use of certain “Services”. We will provide these terms to you or post them on the “Services” to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular “Service”, the additional terms will control. Sweepstakes, contests, and promotions on the “Services” may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.

 

Registration and Access Controls

If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted “Services” unless you are above the required age. In no case are persons under the age of thirteen (13y/o) permitted to use the “Services”.

You are responsible for maintaining the confidentiality of your user account login names and passwords and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.

 

Intellectual Property; License

The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the “Services” (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and The Boston Group,LLC., its affiliates and properties, The Boston Group, LLC., its affiliates and properties will retain all right, title, and interest in and to the “Services” and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the “Services” and Content. You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 4 or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the “Services” or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the “Services” or Content; license or sublicense any part of the “Services” or Content; or in any way exploit any part of the “Services” or Content. In addition, except as provided in Section 4 or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

 

Viral Distribution

We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.

 

Commercial Licenses

You must obtain our written permission for commercial use of the Content or the “Services”. If you wish to license Content from the “Services”, please contact us at The Boston Group, LLC. 5411 Williams Drive, Suite 303, Georgetown TX 78633

 

Legal Complaints

The Boston Group respects intellectual property rights. If you believe that Content on the “Services” infringes your copyright, please contact us. If you have a legal complaint other than a copyright claim, please contact us in writing: The Boston Group, LLC. 5411 Williams Drive, Suite 303, Georgetown TX 78633

 

User Submissions

Some of the “Services” may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the “Services”. When you provide User Submissions, you grant to The Boston Group, LLC. and its affiliates, partners and properties a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable, license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the “Services”:

The User Submission may still exist in our backup copies, which are not publicly available. If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.

We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions. Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others. You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to The Boston Group, LLC. the license above and that your User Submissions do not violate any section of the Privacy Notice.

 

Third-Party Content

We may provide third party content (including advertisements) or link to third party websites on the “Services”. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their “Services”. In certain instances, you may be able to connect and/or link your account to certain third party social media sites (“Social Media Sites”), including, without limitation, Facebook and Twitter. BY CONNECTING OR LINKING YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE SOCIAL MEDIA SITE (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA SITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT CONNECT OR LINK YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE.

 

Acceptable Use

Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:

• Access the “Services” using any interface other than ours;
• Maintain any link to the “Services” that we ask you to remove, in our sole discretion;
• Frame the “Services” or Content, make the “Services” or Content available via in-line links, otherwise display the “Services” or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between The Boston Group or its affiliates, properties and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
• Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
• Advertise or promote goods or “Services” without our permission (including, without limitation, by sending unsolicited email);
• Remove, modify, disable, block or otherwise impair any advertising in connection with the “Services”;
• Interfere with others using the “Services” or otherwise disrupt the “Services”;
• Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the “Services”;
• Transmit, collect, or access personally identifiable information about other users without the consent of those users and The Boston Group, its affiliates and properties;
• Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the “Services”;
• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
• Remove, avoid, interfere with, or otherwise circumvent any access control measures for the “Services” or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
• Access any portion of the “Services” that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

If you violate this Section 9 , The Boston Group may terminate your access to the “Services” without notice, and take any other actions or seek any remedies permitted by law.

 

Access to “Services” and Accounts

We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

• Change or discontinue the “Services”;
• Change how we offer and operate “Services”
• Remove Content from the “Services”

 

Indemnification

You will defend, indemnify and hold harmless The Boston Group,LLC., its affiliates, properties and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “The Boston Group Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the “Services” (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). The Boston Group retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 10 without The Boston Group’s prior written approval.

 

Disclaimers; Limitation of Liability

THE BOSTON GROUP PARTIES DO NOT WARRANT: (1) THAT THE “SERVICES”, ANY OF THE “SERVICES”’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE “SERVICES” OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE “SERVICES” OR INFORMATION AVAILABLE THROUGH THE “SERVICES” WILL CONTINUE TO BE AVAILABLE. THE BOSTON GROUP PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE BOSTON GROUP PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT.

THE “SERVICES”, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE “SERVICES”, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOUR ACCESS TO AND USE OF THE “SERVICES” (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK.

IF YOU ARE DISSATISFIED WITH THE “SERVICES”, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE “SERVICES”. THE BOSTON GROUP PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

THE BOSTON GROUP PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE “SERVICES” (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE “SERVICES” (INCLUDING THEIR FUNCTIONS AND CONTENT), THESE TERMS OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE BOSTON GROUP PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE BOSTON GROUP PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO THE BOSTON GROUP FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE BOSTON GROUP PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE “SERVICES” OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, OR OTHER CONTENT OWNED OR CONTROLLED BY THE BOSTON GROUP PARTIES.

 

Governing Law, Venue, and Jurisdiction

These Terms and all claims as between you and us arising from or related to your use of the “Services” will be governed by and construed in accordance with the laws of the State of Texas, except Texas conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to jurisdiction in the state and federal courts in Austin, Texas. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the “Services” or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

 

Disputes; Arbitration

If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the “Services” or these Terms (a “Claim”), and the Claim is not resolved by calling our customer service department at 737-808-0845, you and we each agree to resolve such Claim through an individual binding arbitration or through an individual action in small claims court in the U.S. county (or parish) of your residence or in Austin, Texas. Class arbitrations and class actions are not permitted, and your Claim may not be consolidated with any other person’s claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This Section 13 shall survive termination of these Terms or any subscription that you may have to any of the “Services”.

Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to The Boston Group a written notice of your claim or we must send a written notice of our claim to you (“Notice”). Your Notice must (1) be sent by certified mail; (2) be addressed to: Corporate Headquarters of The Boston Group at 5411 Williams Dr., Suite 303, Georgetown Texas 78633 (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after our receipt of Notice is received, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.

Any such arbitration shall be administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rules”). Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at http://www.adr.org . In circumstances in which the Rules provide for an in-person hearing, such hearing will take place in Austin, Texas.

 

Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the “Services” where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the “Services”, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the “Services”, or as otherwise described in the Privacy Policy.

If you do not agree to these Terms, you should immediately stop using the “Services”.

If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. This terms will survive any termination of your access to the “Services”, whether we terminate your access or you voluntarily discontinue your use.