Effective Date: October 7, 2020
TERMS OF USE
These terms of use ("Terms of Use") are provided on behalf of Boost Finance
and its affiliates (collectively, "we", "us", "our" or "Boost Finance").
BY USING WWW.BOOSTFINANCE.COM, INCLUDING ANY PAGES THEREOF (THE "SITE"), YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE
TERMS OF USE, REGARDLESS OF WHETHER YOU ARE A REGISTERED USER OF OUR
PRODUCTS OR SERVICES (EACH "SERVICE" COLLECTIVELY, REFERRED TO AS
"SERVICES"). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT
ACCESS OR USE THE SITE OR SERVICES.
If there is any inconsistency between these Terms of Use and another
agreement you enter into that is applicable to a Service offered on the
Site, then the other agreement will take precedence as it applies to the
Service.
CHANGES TO THESE TERMS OF USE
We reserve the right, in our sole discretion, to modify these Terms of Use
at any time. Changes to these Terms of Use will become effective immediately
upon the posting thereof. Please review these Terms of Use often to keep
yourself apprised of any changes. Your continued use of the Site following
the posting of changes will constitute your acceptance of the revised Terms
of Use.
ELIGIBILITY
This Site is intended solely for users who are 18 years of age or older and
legal residents of the United States, and any registration or use of the
Site by anyone under 18 or not a legal resident of the United States is
unauthorized and in violation of these Terms of Use. BY USING THE SITE, YOU
REPRESENT YOU ARE 18 OR OLDER, A LEGAL RESIDENT OF THE UNITED STATES AND
THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE
TERMS OF USE. Services are not available in all states, and your eligibility
for a Service is subject to final determination by Boost Finance. If you
violate any of these Terms of Use, or violate any other agreement with us,
we may terminate your registration and/or prohibit you from using or
accessing our Services or the Site.
REGISTRATIONS AND APPLICATIONS
You may be presented with the opportunity to register for an account and
apply for a loan through the Site. When you register for an account or apply
for a loan, you agree to provide current, complete, and accurate information
about yourself. If any information you provide is untrue, inaccurate, not
current, or incomplete, we have the right to reject or cancel your account
registration, reject any application you have submitted, terminate any
agreement we have with you, and restrict your future use of the Site and our
Services. We reserve the right to decline any application for a loan.
YOUR ACCOUNT
To access our Services, you will be required to register and create an
account on the Site. You may not disclose your username or password to any
third party. If you learn of any unauthorized use of your username, password
or account, please contact us immediately. We are not liable for any harm,
damages or charges related to any authorized or unauthorized use of your
username, password or account.
YOUR CONTENT AND INFORMATION SHARING
By providing information or content on the Site, including, but not limited
to, any comments, reviews, feedback, suggestions, images, information or
other content (collectively, "User Content"), you represent and warrant that
you are the owner of or have the required rights and licenses to provide
such information or content. You further agree to, and hereby grant us a
non-exclusive, transferable, sub-licensable, royalty-free, world-wide
license to use the User Content, subject to the privacy provisions described
herein. We have the right to review, delete, edit, modify, reformat,
excerpt, or translate any of your User Content. We have the right to use
your name as provided with your User Content or as set forth in your
account. You are solely responsible for the content and information you make
available through or in connection with our Services
All the User Content posted on the Site or privately transmitted through the
Site or via other means in connection with our Services is the sole
responsibility of the person from which that content originated. We will not
be responsible for any errors or omission in User Content nor any loss or
damage that results from any User Content transmitted or made available on
the Site or through the use of the Services.
RESTRICTIONS ON USE
You agree to abide by all applicable laws and regulations in your use of the
Site and our Services. In addition, you agree that you will not do any of
the following:
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register for more than one account, or register for an account on behalf
of an individual other than yourself or on behalf of any group or
entity;
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post or otherwise make available content, or take any action on the
Site, that may constitute libel or slander or that infringes or violates
someone else's rights or is protected by any copyright or trademark, or
otherwise violates the law;
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post or otherwise make available content that in our judgment is
objectionable, such as content that is harmful, threatening,
inflammatory, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or otherwise objectionable, or which restricts or
inhibits any other person from using or enjoying the Site, or which may
expose us or our users to any harm or liability of any type;
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post or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, or any other form of
solicitation;
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use the information or content on our Site to send unwanted messages to
any other user;
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impersonate any person or entity, or falsely state or otherwise
misrepresent yourself, your age or your affiliation with any person or
entity;
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post or otherwise make publicly available on the Site any personal or
financial information of any third party;
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solicit personal information from anyone under 18 or solicit passwords
or personally identifying information for commercial or unlawful
purposes;
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use the Site or our Services in any manner that could damage, disable,
overburden or impair the Site;
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harvest or collect any information, including email addresses or other
contact information, of our users from the Site by electronic or other
means, including via the use of automated scripts; or
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post or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment.
INTELLECTUAL PROPERTY PROPRIETARY RIGHTS; COPYRIGHTS; TRADEMARKS
All software, design, text, information, data, databases, images,
photographs, illustrations, audio clips, video clips, artwork, graphic
material, or other copyrightable elements (collectively, "Content"), other
than User Content (as defined above), are the property of
Boost Finance
and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners
or other respective owners and are protected, without limitation, pursuant
to copyright laws. No Content (other than your own User Content) may be
reproduced, modified, used to create derivative works, displayed, performed,
published, distributed, disseminated, broadcast or circulated to any third
party without our express prior written consent.
"Boost Finance" and all related logos (collectively, "the Trademarks")
constitute our trademarks or service marks. Other company, product, and
service names and logos used and displayed on this Site may be trademarks or
service marks owned by us or others. You may not use, copy, display,
distribute, modify or reproduce any of the trademarks found on the Site
unless in accordance with written authorization by us. The use of any of the
Trademarks as part of a link to or from any site is prohibited unless we
provide advance written approval. In addition, all page headers, custom
graphics, button icons, and scripts are our service marks, trademarks,
and/or trade dress. You may not copy, imitate, or use them without our prior
written consent. Any questions concerning any Trademarks, or whether any
mark or logo is a Trademark, should be referred to us via
CustomerService@BoostFinance.com.
All right, title and interest in and to the Website, any content thereon,
our products and services, the technology related to our products and
services, and any and all technology and any content created or derived from
any of the foregoing is our or our licensors' exclusive property.
COPYRIGHT COMPLAINTS
If you believe that any material on the Site infringes upon any copyright
that you own or control, you may send a written notification to us via
CustomerService@BoostFinance.com.
In your notification, please:
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confirm you are the owner, or authorized to act on behalf of the owner,
of the copyrighted work that has been infringed;
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identify the copyrighted work or works you claim has been infringed;
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identify the material that you claim is infringing or is the subject of
infringing activity and that is to be removed; please include
information reasonably sufficient to permit us to locate the material;
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provide your contact details, including an email address; and
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provide a signed statement that the information you have provided is
accurate and that you have a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent or the law.
LINKS TO THIRD PARTY WEBSITES
We are not responsible for the information practices employed by sites
linked to or from our website. In most cases, links to third-party websites
are provided solely as pointers to information on topics that may be useful
to our users. Since third-party websites may have different privacy policies
and/or security standards governing their sites, we advise you to review the
privacy policies and terms and conditions of these sites prior to providing
any personal information. IN NO EVENT WILL BOOST FINANCE BE LIABLE FOR ANY
HARM, DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY THIRD-PARTY WEBSITE.
WEBSITE PRIVACY POLICY
This Website Privacy Policy explains our views and practices concerning
privacy and how they may pertain to you as a user of our Site. Our Website
Privacy Policy only applies to our website practices and users of the Site.
Our practices and policies with respect to the collection and use of
information provided by customers and applicants can be found by clicking
here.
When you visit our Site, we may collect certain information from you: (1)
data you voluntarily provide to us; and (2) tracking data as you navigate
our Site.
INFORMATION YOU PROVIDE TO US
We collect and use personal information you voluntarily provide to us
through the Site. The following are some examples of when you would provide
information to us: completing an online form, registration form or survey;
creating or modifying your account; requesting information from us;
purchasing Services from us; or contacting us. Such information may include
name, address, email address, home, work, and/or mobile telephone number,
gender, date of birth, Social Security number, driver’s license or other
government ID number, bank account number, income and other financial
information. It is your choice whether you provide such information;
however, if we do not receive certain information, you may not be able to
use or be eligible for all of our Services.
TRACKING INFORMATION
We and our service providers may use cookies, web beacons and various other
technologies to track your use of our Site and improve your web experience.
The tracking information may include your internet protocol (IP) address,
geographical location, browser type and version, operating system, referral
source, length of visit, page views and website navigation paths, as well as
information about the timing, frequency and pattern of your use of the Site.
"Cookies" are small, unique strings of code. When you visit our Site, we or
one of our service providers may place or recognize a unique cookie on your
browser. These cookies enable us to improve the quality of our Site, store
your user preferences, gather analytics about our web traffic and provide
you with relevant ads and content. You can adjust your browser to reject or
delete cookies, but this may prevent proper working of our Site.
Additionally, we and our service providers may use web beacons to compile
information about usage of the Site. "Web beacons" are electronic images
that recognize certain types of information on your computer, such as
cookies, when you view a particular website tied to the web beacon. For
example, an email we send to you may contain a web beacon. A web beacon
helps us understand the time and date that a user opened an email and when
the user used a link within the email to visit our Site, allowing us to
collect analytics about our traffic, customize our Services, and send you
ads about our Services. You can disable web beacons by turning images "off"
in your email settings.
We may use service providers’ cookies to track and analyze Site usage,
provide you with interest-based advertising or evaluate advertising
performance. For example, we may use Google Analytics and Google Analytics
Advertising Features, including Google Display Network, to provide these
services. These services use cookies. You can find out more information
about how Google uses data when you visit our Site by clicking
here.
You can opt-out of Google Analytics by clicking
here. You can opt-out of Google
Analytics Advertising Features through your Google account Ads Settings and
turning off Ads Personalization.
We use a service provider, Hotjar, in order to better understand our users’
needs and to optimize our Site and Services. Hotjar is a technology service
that helps us better understand our users’ experience (for example, how much
time they spend on which pages, which links they choose to click, what users
do and do not like, etc.), and this enables us to build and maintain our
Site and Services with user feedback. Hotjar uses cookies and other
technologies to collect data on our users’ behavior and their devices. This
includes a device's IP address (processed during your session and stored in
a de-identified form), device screen size, device type (unique device
identifiers), browser information, geographic location (country only), and
the preferred language used to display our Site. Hotjar stores this
information on our behalf in a pseudonymized user profile. Hotjar is
contractually forbidden to sell any of the data collected on our behalf.
INTEREST-BASED ADVERTISING
"Interest-based advertising," or online behavioral advertising, uses your
online browsing activities to provide you with relevant ads. Third party
service providers use cookies and other tracking technologies to collect
tracking information about your online activities as you visit our Site and
other third-party websites, which enables the service providers to predict
the types of advertisements that are more likely to be of interest to you.
We may use these services to provide relevant advertising to you on our Site
and other third-party websites.
Currently, our Site does not recognize if your browser sends a "do not
track" signal to indicate your choice of not receiving interest-based ads.
You can learn more about or opt out of interest-based advertising by
visiting:
www.aboutads.info/choices; and
http://www.networkadvertising.org/choices.
This opt out is a cookie, so if
you clear your browser’s cookies, you will need to opt out again. Also, you
will continue to see ads, but such ads will not be based on your online
browsing activities.
HOW WE USE AND SHARE THE INFORMATION
We share and use the information collected for multiple reasons, including,
but not limited to:
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We use personal information you provide to us for our business purposes
and to enhance your experience on our Site;
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We use contact information you provide to us to send you information
about our company and marketing and promotional material from us,
affiliates or partners;
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We use tracking information to track your use of the Site and improve
your web experience, to monitor and improve the Site and our Services
and for statistical analysis;
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We may use third parties to assist us in the proper administration of
our Site and business. These third parties are required to keep any
personal information confidential and may not use the information for
any purpose other than to carry out the services they are performing for
us;
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We may disclose information to law enforcement or other governmental
officials as we deem necessary to comply with the law;
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We may share with third parties non-personally identifiable information
about Site usage and traffic in order to provide interest-based
advertising, analyze Site usage and evaluate advertising performance;
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If we ever go through a merger, acquisition, or sale of all or a portion
of our assets, your personal and non-personal information will likely be
among the assets transferred. We will require the acquiring company to
uphold the material terms of this privacy policy.
Once you apply or become a customer of any of our Services, the collection
and use of information provided by you will be governed by the practices and
policies found
here.
CHILDREN'S PRIVACY
We do not knowingly collect or retain personal data about children. Our Site
nor our Services are intended for use by anyone under the age of 18. If you
are under the age of 18, do not provide any personal information.
SECURITY
We use industry standard physical, technical and administrative safeguards
to protect the personal information you provide to us. We take reasonable
precautions to protect against unauthorized access to our systems and to
prevent personal information from being disclosed to unauthorized parties.
However, no method of transmission over the Internet, or method of
electronic storage, is completely secure. Therefore, we cannot guarantee
absolute security.
CONTACT CONSENT
It is your choice whether to submit contact information to us. If you submit
contact information, you are consenting to being contacted by us, partners
or third-party service providers via written notices, email messages, text
messages or telephone at any address or telephone number, including mobile,
provided to us. You consent to calls and text messages using an automatic
telephone dialing system, an artificial or prerecorded voice message system,
or text messaging system, and you consent to having your calls monitored and
recorded. You may change your contact preferences by contacting us at
888.313.4858 or
CustomerService@BoostFinance.com.
NO WARRANTY; ERRORS; DISCLAIMERS
The Site and our Services are provided "as is" and without any
representation or warranty, whether express, implied or statutory. Any
estimates or examples that we provide on the Site may be different than
actual amounts. You agree that we may promptly correct any error that we
discover, including any error in calculating your loan rates. If the error
results in your receipt of an incorrect interest rate, APR or fee, we will
notify you and provide you with the correct rate. You agree to provide any
additional consent necessary to correct any errors that occur.
ALTHOUGH WE WILL USE REASONABLE EFFORTS TO PROVIDE AN ACCURATE SITE AND/OR
SERVICES, ALL ASPECTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND
"AS AVAILABLE". WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
CONTRACTORS, THIRD PARTY SUPPLIER, THIRD-PARTY SERVICE PROVIDERS, OR
SUCCESSORS OR ASSIGNS THEREOF (COLLECTIVELY, THE "PARTIES") DISCLAIM ANY AND
ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, THE SITE, SERVICES, ANY DOCUMENTATION PROVIDED OR MADE
AVAILABLE TO YOU, AND ANY OTHER PRODUCTS AND RELATED MATERIALS AND/OR
SERVICES PROVIDED TO YOU BY ANY OF THE PARTIES, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTIES: (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY
PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM
INTEGRATION, AND WORKMANLIKE EFFORT; (II) THE QUALITY, ACCURACY, TIMELINESS
OR COMPLETENESS OF THE SITE OR SERVICES OR ANY ASPECT THEREOF; (III) THOSE
ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE;
(IV) THE SITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR
PROMISE BY ANY PARTY; AND (V) THAT ACCESS TO OR USE OF THE SITE AND/OR
SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE.
ANY RELIANCE UPON THE SITE AND/OR SERVICES IS AT YOUR OWN RISK AND THE
PARTIES MAKE NO WARRANTIES. THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER
TERM IN THESE TERMS OF USE.
LIMITATION OF LIABILITY
YOU AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS AND YOUR USE
OF THE SERVICES IS AT YOUR OWN RISK. NEITHER WE, NOR ANY THIRD PARTY
INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE AND/OR SERVICES, HAS
OR WILL HAVE ANY RESPONSIBILITY FOR ANY CONSEQUENCES RELATING, DIRECTLY OR
INDIRECTLY, TO ANY ACTION OR INACTION THAT YOU MAY TAKE BASED ON THE SITE
AND/OR SERVICES, OR ANY ASPECT THEREOF.
THE PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF USE,
INABILITY TO USE, ACCESS, DEFECTS, FAULTS, OR INTERRUPTIONS OR DELAYS IN THE
OPERATION OR TRANSMISSION OF THE SITE OR SERVICES AND/OR OUT OF ANY
INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE
AND/OR SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE PARTIES BE HELD
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION WITH THE SITE
AND/OR SERVICES, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF
THE FOREGOING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION,
WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR
OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to indemnify, defend and hold the Parties harmless from and
against any and all third party actions, suits, claims and/or demands and
any associated losses, expenses, damages, costs and other liabilities
(including reasonable attorneys' fees), arising out of or relating to your
(and your users') submitted content, use or misuse of any aspect of the
Services or Site, or your violation of these Terms of Use. You will
cooperate as fully as reasonably required in the defense of any such claim
or demand. We and any third party involved in creating, producing or
delivering the Site/Services reserve the right to assume the exclusive
defense and control of any matter otherwise subject to indemnification by
you, at your expense, and you will not in any event settle any such matter
without our prior written consent and any such third party.
ARBITRATION CLAUSE AND WAIVER OF JURY TRIAL PROVISION
YOU AGREE THAT ARBITRATION WILL RESOLVE DISPUTES THAT CANNOT BE RESOLVED IN
A SMALL CLAIMS COURT, PURSUANT TO THE TERMS OF THIS PARAGRAPH. YOU WAIVE
YOUR RIGHT TO HAVE A JURY RESOLVE DISPUTES. YOU WAIVE YOUR RIGHT TO A CLASS
ACTION. YOU ALSO WAIVE YOUR RIGHT TO SEEK A PUBLIC INJUNCTION IF SUCH A
WAIVER IS PERMITTED BY THE FEDERAL ARBITRATION ACT ("FAA"). YOU AND US AGREE
THIS SECTION SATISFIES THE "WRITING" REQUIREMENT OF THE FAA. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE FILED WITHIN ONE
YEAR AFTER SUCH DISPUTE AROSE OR IT WILL BE FOREVER BARRED.
For purposes of this paragraph, "Arbitration" means a way to use a neutral
arbitrator to resolve disputes. The arbitrator can grant relief like a
court. Unlike a court, there is no jury, and there is no class action
litigation. You agree that the arbitrator cannot conduct class arbitration.
The arbitrator’s award is binding and subject to limited appeals under
applicable law. Courts rarely overturn arbitration awards. The term
"disputes" has the broadest possible meaning.
You do not have to arbitrate disputes. Instead, you can litigate
individually in a small claims court. All parties can seek relief in a small
claims court for disputes within the scope of its jurisdiction.
If either party has a dispute, they must notify the other in writing. You
can select the organization administering the arbitration from these two
choices: The American Arbitration Association www.adr.org or JAMS
www.jamsadr.com. We will advance the arbitration association filing
expenses. You pay your attorneys' fees, if any, unless the arbitrator
otherwise orders. If a hearing is needed, it will be held in a reasonable
location, such as the county where you live or as otherwise may be required
by law.
If you obtain an extension of credit and agree to a subsequent arbitration
provision including a jury trial waiver with us, then those terms will apply
to disputes instead of this section. If you do not obtain an extension of
credit or do not agree to a subsequent arbitration provision including a
jury trial waiver governing disputes with us, then this section governs.
The FAA governs this section.
The foregoing provisions do not apply to any legal action taken by Boost
Finance to seek an injunction or other equitable relief for any (or any
potential) damage, loss or cost relating to the Site, Services or Content.
MISCELLANEOUS
These Terms of Use shall be governed in all respects by the laws of the
State of Delaware without regard to its conflicts of law provisions.
Your obligations under these Terms of Use are binding on your successors,
legal representatives and assigns. You may not assign or transfer (by
operation of law or otherwise) your right to use the Site or Services or any
aspect hereunder, in whole or in part, without our prior written consent.
SEVERABILITY
If any provision of these Terms of Use are found to be invalid or
unenforceable, the remaining provisions shall be enforced to the fullest
extent possible, and the remaining provisions of the Terms of Use shall
remain in full force and effect.
QUESTIONS
Please contact us at 888.313.4858 or
CustomerService@BoostFinance.com
with any questions regarding these Terms of Use.
