Terms and Conditions

READ THE FOLLOWING CAREFULLY BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN) ACCESS OR USE ABOOSTABOVE.COM (THE “SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED (THE “SERVICE”). BY CLICKING THE “I ACCEPT” BUTTON OR BY YOUR CONTINUED USE OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU ARE 13 YEARS OLD OR YOUNGER, PLEASE HAVE YOUR LEGAL GUARDIAN SUBMIT AN EMAIL TO SUPPORT@ABOOSTABOVE.COM GRANTING YOUR PERMISSION TO COMPLETE THE ONLINE ASSESSMENT AND SUBMIT OTHER PERSONALLY IDENTIFIABLE INFORMATION (“PII”) TO BOOST SPORT PERFORMANCE AND LEADERSHIP. IN THIS AGREEMENT PII MEANS NAME, EMAIL ADDRESS, GENDER, PHONE NUMBER AND AGE.

The Agreement Governs Your Use of the Service.

The Agreement governs the relationship between you and Boost Sport Performance and Leadership (the “Company”). All supplemental terms and rules issued by Boost that apply to the Service, including those regarding social networking and other features, form an integral part of this Agreement and are incorporated herein by this reference.

In this Agreement, Company means Boost Sport Performance and Leadership, an Oklahoma limited liability company. In this Agreement, “you” refers to both you and/or your child. If you have any questions relating to the Service, they can be sent to the attention of our Customer Service by email to support@aboostabove.com . The publication of electronic mail addresses is to facilitate communications relating to the Service and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

You understand and agree that the Service is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.

By accepting this Agreement, you agree that you will not:

1.     Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Service, disclose your, or another person’s PII;

2.     Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company;

3.     Download or copy any Content (defined below), except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;

4.     Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Content except as expressly authorized in this Agreement;

5.     Outside the Service, sell, advertise or post information granted to you through the Service by setting up an Account and paying your membership fee;

6.     Probe, scan or test the vulnerability of the Service or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Service, Company’s systems or networks, or any systems or networks connected to the Service or Company.

The Service is evolving and may result in changes to the Agreement.

You understand that the Service is an evolving one. Company may require that you accept updates to the Service. Company reserves the right to change, modify, add or remove portions of this Agreement, at any time, for any reason, with or without notice to you, or to do any of the following:

1.     Modify, suspend, limit or terminate operation of, or access to, any portion of any feature or function of the Service and/or any of its applicable policies or terms, including hours of availability;

2.     Change any fees or charges that may be related to your use of the Service;

3.     Change the equipment, hardware or software required to access the Service;

4.     Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction or other changes.

Any changes to the Agreement will be effective immediately upon notice, which Company may provide by any means, including, without limitation, by electronic posting. You agree to check this Agreement periodically for the new provisions that govern the Service. Your continued use of the Service following the posting of changes will mean that you accept and agree to them.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we use your personal information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

To access the Service, you must complete an online assessment.

The online assessment on the Site requires you to provide the following personal information:

1.     First and Last name

2.     Valid email address

3.     Phone number

4.     Sport and position

5.     Age

6.     Gender

In addition, the free assessment requires that you answer questions that are meant to measure your aptitude in key areas such as motivation, focus, leadership and mental characteristics. The purpose of the assessment is to provide a baseline measurement for Company’s coaches to build a training profile.

All content offered on the Site and by Company is the sole property of Company

All content offered by Company on the Site and through the Service, including, but not limited to, the free assessment, any resources you receive through a representative of Company, and all logos, slogans, and taglines (collectively and individually, the “Content”), are protected by trademark and copyright laws.

You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, in any way exploit such Content or distribute it in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Company expressly permits in this Agreement. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Service, and further legal action.

Indemnification

You agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of this Site, including information made available to you through this Site or the violation of this Agreement, including any breach of your covenants or agreements hereunder.

Limitation of Liability

Company provides the Service on a commercially reasonable basis and does not guarantee that you will be able to access or use the Service at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location.

To the fullest extent permitted by law, the Service is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Service, Site or Content with which it is linked. Company does not warrant that the Service will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Service, or access thereto, at any time without notice. To the extent that you communicate with Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreement apply to any information provided to you through such sources.

Company does not warrant that the Service or the servers that make the Service available will work with any particular hardware or software systems or configurations.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.

Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Termination and Survival

Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of this Agreement, including but not limited to those addressing privacy and content ownership, shall survive and remain in effect after such event. Furthermore, the following sections of this Agreement shall survive any termination or discontinuance of the Service or your access to it.

If you wish to terminate your Account, you may do so by emailing support@aboostabove.com .  Upon our acceptance of your request, your account and any personal information will be deleted (except for that information that we are required to keep in compliance of any applicable laws).

This Agreement is governed by the laws of the State of Oklahoma

Company administers and operates the Service from Oklahoma City, Oklahoma. This Agreement is governed by and construed in accordance with the laws of the State of Oklahoma, without reference to its choice of law principles. The venue for any dispute will be Oklahoma City, Oklahoma. THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.

Entire Agreement

This Agreement (including all agreements and policies referenced herein) constitutes the entire agreement between you and Company with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Company other than that of independent contractors. This Agreement may not be assigned by you.

Company’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Company of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement.