Terms Of Use

Welcome to our website brought to you by Boost Oxygen LLC and its corporate affiliates ("boost oxygen," "we" or "us"). These terms of use (the "terms") are a legal contract between you and Boost Oxygen LLC.. The terms explain how you are permitted to use (i) the websites located at the url: www.boostoxygen.com, (ii) the other Boost Oxygen websites (each, a "site") where these terms are posted and (iii) the services associated with the sites ("services"). By using a site or any service, you are agreeing to all of these terms; if you do not agree with any of these terms, do not access or otherwise use any site, any services made available through the sites or any information contained on the sites.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BOOST OXYGEN. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Changes

Boost Oxygen may make changes to the content and Services offered on the Sites at any time. Boost Oxygen can change, update, or add or remove provisions of these Terms from time to time. We will inform you of any modifications to these Terms by posting the modified terms of use on the applicable Site(s) and, if you have registered with us (as described below), by describing the modifications to these Terms in an email that we will send to the address associated with your account in our records. By using any Site after Boost Oxygen has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Sites.

General Use.

By using a Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Boost Oxygen if the Minor breaches any of these Terms. Our Sites are not targeted toward, nor intended for use by, anyone under the age of 13. If you are not at least 13 years old, you may not use our Sites at any time or in any manner or submit any information to Boost Oxygen or the Sites.

Boost Oxygen provides content through the Sites that is copyrighted and/or trademarked work of Boost Oxygen, Boost Oxygen's third-party licensors and suppliers, or other users of the Sites (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Boost Oxygen hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Sites solely for your personal use. Except for the foregoing license, you have no other rights in the Sites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Using the Site and the Services.

You need not register with Boost Oxygen to simply visit and view the Sites and use many of the Services available on the Sites. However, Boost Oxygen may from time to time require you to register for an account with Boost Oxygen in order to access certain password-restricted areas of a Site and to use certain Services and Materials offered on and through a Site.

If account registration is offered and you desire to register for an account with Boost Oxygen, you must submit information through the account registration page on the Site (as applicable), which may include your e-mail address, name and mailing address. You may also have the ability to provide additional optional information about yourself, which is not required to register for the account, but may be helpful to Boost Oxygen in providing you with a more customized experience when using the Site or the Services they provide. Once you have submitted your account registration information, Boost Oxygen shall have the right to approve or reject the requested account, in Boost Oxygen's discretion. If your account is approved, you will be permitted to log in to the applicable Site(s) or Service(s) using the password you select.

You may also be provided with the ability to register for an account on the Site using your existing account and log-in credentials through certain Third-Party Sites (as defined below) such as Facebook.

You are responsible for maintaining the confidentiality of your Boost Oxygen password and any Third-Party Site password used to access our Sites and/or Services (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords, or do anything else that might jeopardize the security of your Passwords. You agree to notify Boost Oxygen if any of your Passwords are lost or stolen, if you are aware of any unauthorized use of your Passwords or if you know of any other breach of security in relation to any Site. All the information that you provide when registering for an account and otherwise through the Sites must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.

Purchases.

If applicable, you agree to pay all fees or charges associated with your use of the Sites or purchases made on the Sites pursuant to any Boost Oxygen billing terms in effect as shown on the applicable product or payment pages. If you do not pay on time or if Boost Oxygen cannot charge your credit card or other applicable payment method for any reason, Boost Oxygen reserves the right to either suspend or terminate your access to any or all of the Sites and/or your account, and terminate these Terms. You are expressly agreeing that Boost Oxygen is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Sites and that fees will be billed to your credit card or other Boost Oxygen-approved payment method. If the product or service you have purchased involves a subscription or recurring payments, you agree that Boost Oxygen may charge your credit card or other Boost Oxygen-approved payment method thereafter at regular intervals for the term of the recurring payments. Except as otherwise set forth in these Terms or separate product purchase terms on a Site, all fees and charges are non-refundable. If you have a balance due on any account, you agree that Boost Oxygen may charge such unpaid fees to your credit card or other payment method, or otherwise bill you for such unpaid fees.

All prices displayed on the Sites are quoted in U.S. dollars. Shipping and handling fees and applicable sales/use tax will be added by Boost Oxygen as necessary. Boost Oxygen reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you, and to restrict delivery to addresses within the United States. Boost Oxygen reserves the right to limit the number of items ordered and to refuse services to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Boost Oxygen shall have the right to refuse or cancel any order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if a credit card has already been charged for the purchase and the order is cancelled, Boost Oxygen shall promptly credit the credit card account in the amount of the incorrect price.

Electronic Communications.

By using a Site and/or the Services, you consent to receiving electronic communications from Boost Oxygen. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Boost Oxygen. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy.

Please review Boost Oxygen's Privacy Policy, available at THIS LINK (the "Privacy Policy") which explains how we use information that you submit to Boost Oxygen.

Links to Third-Party Sites.

Our Sites may be linked to other websites or applications that are not Boost Oxygen sites or applications, including, without limitation, social networking, blogging and similar websites through which you are able to log into a Site or Mobile Application using your existing account and log-in credentials for such third-party sites, websites or applications from which you may purchase Boost Oxygen products, and websites or applications with content that you may find interesting (collectively, "Third-Party Sites"). Certain areas of a Site or Mobile Application may allow you to interact and/or conduct transactions with such Third-Party Sites and/or allow you to configure your privacy settings in your Third-Party Site account to permit your activities on our Site to be shared with your contacts in your Third-Party Site account. In certain situations, you may be transferred to a Third-Party Site through a link, but it may appear that you are still on our Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions of use than are found on our Sites, and you further acknowledge and agree that, in such cases, your use of such Third-Party Sites is governed by such third-party privacy policies and terms and conditions of use. Boost Oxygen provides links to Third-Party Sites to you as a convenience, and we do not verify, make any representations about, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT BOOST OXYGEN WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, FOR YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, PRODUCTS, SERVICES OR BUSINESS PRACTICES OF ANY THIRD PARTY. Unless specifically stated on our Site, we do not endorse any such Third-Party Sites, the products, services, or materials found there, or any results that may be obtained from using them.

Submissions.

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post, create or otherwise generate or make available on or through any of our Sites or Services (each a "Submission"). You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in the Boost Oxygen Privacy Policy, you agree that any Submission provided by you is provided on a non-proprietary and non-confidential basis. You hereby grant to Boost Oxygen, its affiliates, successors and assigns and any customer, vendor, service provider, licensor or licensee of Boost Oxygen or other person, in each case as authorized or permitted by Boost Oxygen (collectively "Business Partners," and together with Boost Oxygen, its affiliates and any of their licensees, the "Licensees") a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the Sites and/or the Services or the marketing, advertising and promotion of Boost Oxygen's goods and services. Said uses may include, but are not limited to, posting a Submission on any website or social media site, transmitting the Submissions to consumers via e-mail and reproducing, displaying the Submissions on computers and mobile devices or reproducing your Submissions in print. To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights or rights of attribution and integrity in your Submissions, if any, against any Licensee. Any Licensee may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Boost Oxygen agrees to use any personally identifiable information contained in any of your Submissions in accordance with Boost Oxygen's Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions you provide.

When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require Boost Oxygen to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities.

When using the Sites, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on a Site.
• Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive. Boost Oxygen reserves the right to (a) terminate access to your account and/or your ability to post to the Sites (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Boost Oxygen determines is inappropriate or disruptive to a Site or to any other user of the Site and/or Services. Boost Oxygen may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Boost Oxygen's discretion, Boost Oxygen will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or the Internet.

Unauthorized use of any Materials contained on the Sites may violate certain laws and regulations.

You agree to indemnify and hold Boost Oxygen and any other Licensee and their respective officers, directors, employees and agents harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Boost Oxygen or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand relating to or arising out of your use of any Site (including any Service available through such Site), the use of a Site by any person using your user name and/or Password (including without limitation, your participation in the posting areas), your Submissions or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

The trademarks, logos, and service marks displayed on the Sites (collectively, the "Trademarks") are and remain the registered and/or common law marks of Boost Oxygen, our affiliates, our licensors or our partners in the United States and other countries and are protected by United States and international trademark laws.

Unless otherwise specified in these Terms, all information and screens appearing on the Sites, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Boost Oxygen, our affiliates, our licensors or our partners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Trademark or copyrighted material is strictly prohibited without the express written consent of the owner.

Intellectual Property Infringement.

Boost Oxygen respects the intellectual property rights of others, and we ask you to do the same. Boost Oxygen may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a Site, please provide Boost Oxygen's designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Boost Oxygen to locate the material.
• Information reasonably sufficient to permit Boost Oxygen to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Boost Oxygen's agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:

Legal Department
Boost Oxygen LLC
125 Old Gate Late
Milford, CT 06460
203-331-8100
info@boostoxygen.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a Digital Millennium Copyright Act ("DMCA") Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Boost Oxygen's designated agent that includes all of the following information:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Boost Oxygen may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Boost Oxygen reserves the right, in its sole discretion, to terminate the account or access of any user of our Sites and/or Services who is the subject of repeated DMCA or other infringement notifications.

Disclaimer of Medical Liability.

YOU UNDERSTAND AND AGREE THAT THE SITES, SERVICES AND ANY MATERIALS DO NOT PROVIDE MEDICAL ADVICE. RELIANCE ON ANY INFORMATION PROVIDED IS SOLELY AT YOUR OWN RISK. THESE SITES, SERVICES AND ANY MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION PROVIDED IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT PRESENTED ON THE SITES. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. AS SET FORTH MORE FULLY BELOW, Boost Oxygen WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM THESE THE SITES, SERVICES AND ANY MATERIALS.

Disclaimer of Warranties.

Your use of the Sites and Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Boost Oxygen, and they may include inaccuracies or typographical or other errors. Boost Oxygen does not warrant the accuracy or timeliness of the Materials contained on the Sites. Boost Oxygen has no liability for any errors or omissions in the Materials, whether provided by Boost Oxygen, our licensors or suppliers or other users.

BOOST OXYGEN, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE SERVICES, OR ANY MATERIALS, OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, THE SERVICES, THE MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BOOST OXYGEN DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

BOOST OXYGEN SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITES  OR ANY SERVICES, OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITES. IN NO EVENT SHALL BOOST OXYGEN BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BOOST OXYGEN KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

Boost Oxygen controls and operates the Sites from its offices in the United States of America, and the Services and Materials may not be appropriate or available for use in other locations. If you use a Site and/or Services outside the United States of America, you are solely responsible for following applicable local laws.

Feedback.

If you send or transmit any communications, ideas, comments, questions, suggestions, or related materials to Boost Oxygen, whether through our website or by letter, email, telephone, or otherwise (collectively, "Feedback"), including, without limitation, suggesting or recommending new products, features or functionality or changes to a product, a Site, any Services, or any Materials, all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Boost Oxygen is free to use, without any attribution or compensation to you (other than compensation that Boost Oxygen may in its sole discretion provide), any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Boost Oxygen is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. To the extent the foregoing assignment of rights, title and interest in and to your Feedback is prohibited by applicable law, you hereby grant Boost Oxygen and any other Licensee a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, and to develop, manufacture, have manufactured, license, market, and sell, directly or indirectly, products and services using such Feedback.

Dispute Resolution and Arbitration; Class Action Waiver.

Please read this carefully. It affects your rights.

Most customer concerns can be resolved quickly and to a customer's satisfaction by contacting us at info@boostoxygen.com. This "Dispute Resolution and Arbitration; Class Action Waiver" provision (this "Provision") facilitates the prompt and efficient resolution of any disputes that may arise between you and Boost Oxygen. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes (as defined below) between you and Boost Oxygen shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys' fees).

For the purpose of this Provision, "Boost Oxygen" means Boost Oxygen LLC, its subsidiaries and affiliates, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Boost Oxygen regarding any aspect of your relationship with Boost Oxygen, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Boost Oxygen's licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND BOOST OXYGEN EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Boost Oxygen an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Boost Oxygen LLC, 125 Old Gate Lane, Milford, CT 06460. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Boost Oxygen does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Boost Oxygen may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). You may opt out of this Provision by mailing written notification to Boost Oxygen LLC, 125 Old Gate Lane, Milford, CT 06460, Attention: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Boost Oxygen through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Boost Oxygen. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or Boost Oxygen may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award - The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing, but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration - You or Boost Oxygen may initiate arbitration in either New Haven County, Connecticut, or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Boost Oxygen may transfer the arbitration to New Haven County, Connecticut, in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs – Boost Oxygen will pay all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Boost Oxygen specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into this Agreement you and Boost Oxygen are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Boost Oxygen might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Boost Oxygen or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Boost Oxygen makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Boost Oxygen to adhere to the language in this Provision if a dispute between us arises.

Mobile Terms of Service

The Boost Oxygen mobile message service (the "Service") is operated by Boost Oxygen LLC (“Boost Oxygen”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Boost Oxygen’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Boost Oxygen through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this service in order to make any purchases, and your consent is not a condition of any purchase with Boost Oxygen. Your participation in this program is completely voluntary.

We do not charge for the SMS/text messaging service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the SMS/text messaging service at any time. Text the single keyword command STOP to (844) 972-1901 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Boost Oxygen mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For support or assistance with our SMS/text messaging service, text HELP to (844) 972-1901 or email info@boostoxygen.com.

We may change any short code or telephone number we use to operate the SMS/text messaging service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the SMS/text messaging service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number that is functionally able to transmit and receive SMS/text messages and voice communications. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information transmitted or received through the SMS/text messaging service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS/text messaging service. For the avoidance of doubt, this includes any network failures or other error by third-parties that limit your transmission or receipt of SMS/text messages.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

General.

Boost Oxygen prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Boost Oxygen, may result in immediate termination of your access to the Sites without prior notice to you. The Federal Arbitration Act, Connecticut state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Sites or the Services will be heard in the courts located in New haven County in the State of Connecticut. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Boost Oxygen's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Boost Oxygen and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Boost Oxygen about the Sites and/or any Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

California Consumer Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Sites and Services are provided by Boost Oxygen LLC, 125 Old Gate Lane, Milford, CT 06460. If you have a question or complaint regarding the Sites, please contact us at info@boostoxygen.com. You may also contact us by writing Boost Oxygen LLC, 125 Old Gate Lane, Milford, CT 06460, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Contact Us.

If you have any questions about these Terms, you can reach us by email at info@boostoxygen.com or by mail at Boost Oxygen LLC, 125 Old Gate Lane, Milford, CT 06460, Attention: Customer Service.