TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE GOVERN YOUR ACCESS AND USE OF OUR SERVICES AND THIS WEBSITE. BY ACCESSING OR USING OUR SERVICES OR THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND TO ANY ADDITIONAL GUIDELINES, RESTRICTIONS, OR RULES THAT MAY BE POSTED IN CONNECTION WITH SPECIFIC SECTIONS OR SERVICES OF THIS SITE.


ALL SUCH ADDITIONAL POSTED GUIDELINES, RESTRICTIONS, OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS SITE AND TO THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. YOU SHOULD REVIEW THESE TERMS OF USE EACH TIME YOU ACCESS THIS SITE.


YOU ALSO AGREE THAT WE MAY PROVIDE ALL LEGAL COMMUNICATIONS AND NOTICES TO YOU ELECTRONICALLY BY POSTING THEM ON OUR WEBSITE OR, AT OUR ELECTION, BY SENDING AN E-MAIL TO THE E-MAIL ADDRESS YOU PROVIDED TO US WHEN YOU REGISTERED FOR OUR SERVICES OR ON THIS WEBSITE. YOU MAY WITHDRAW YOUR CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY BY CONTACTING CUSTOMER CARE. HOWEVER, IF YOU WITHDRAW YOUR CONSENT TO RECEIVE OUR COMMUNICATIONS ELECTRONICALLY, YOU MUST DISCONTINUE YOUR USE OF YOUR ACCOUNT.


These Terms of Use (“TOU”) create an agreement between IBOOST, LLC. (“Company” or “we” or “us” or “our”) and the party set forth in the related order form (“Customer” or “you”) which is incorporated herein by reference (together with any subsequent order forms submitted by Customer, the “Order Form”) and applies to the purchase of our services, as more particularly set forth below, ordered by Customer on the Order Form (collectively, the “Services”). By accessing, using the Services and/or using this Website, you agree to adhere to these TOU. If you do not agree to these TOU, please do not access or use the Website or the Services.


  1. Our Services.

    We, together with our affiliates, operate the www.iboost.com website (the “Website”) and are a provider of a wide range of electronic products, including, but not limited to, business cards, QR codes, and other electronic products that can be designed and downloaded online.

  2. Rights For Limited Use.

    The Website and its contents are the copyrighted property of Company, and/or its subsidiaries or affiliates or the copyrighted property of parties from whom Company has licensed such property. “Content(s)” includes, but is not limited to, text, data, photographs, graphics, fonts, software tools, images, stitch files, or any of these elements in combination as a design for products available on the Website or otherwise and any other information that appears on the Website. Any attempt to use, copy, distribute, or publish the Contents of this Website, other than expressly permitted in these TOU, is strictly prohibited.

  3. Registration. For any required registration to set up an account, you agree to:
    1. provide accurate, current, and complete information;
    2. maintain and keep your information accurate, current, and complete; and
    3. not impersonate any person or entity.

    We reserve the right to terminate your access to and use of the Services if any information provided by you is untrue, inaccurate, not current, or incomplete. Our use and disclosure of any information you provide us is governed by our Privacy Policy. All activity conducted in connection with your account will be your responsibility.

  4. Use of Services and Website. By visiting and/or using the Services or the Website you agree not to:
    1. Utilize the Website in connection with any illegal or unauthorized activity.
    2. Utilize the Website to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.
    3. Utilize the Website to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
    4. Utilize the Website in connection with any disruptive or abusive activity.
    5. Utilize the Website to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or SPAM.
    6. Utilize the Website to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or SPAM.
    7. Utilize the Website in any manner that might subject the Company to unfavorable regulatory action, subject the Company to any liability for any reason, or adversely affect the Company’s public image, reputation or goodwill.
    8. Utilize the Website in any other manner to interrupt or interfere with the Internet usage of other persons.
  5. Submission of Customer Content.
    1. We cannot, and do not, check any submission for spelling, grammar, or any other errors. It is your sole responsibility to ensure that all materials submitted for printing are formatted correctly and contain the desired information. By uploading or otherwise submitting any material through the Website, you represent and warrant that:
      1. You own or otherwise possess all necessary rights with respect to your submissions;
      2. Your submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party; and
      3. You hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a submission to use such individual’s likeness, or if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us with a copy of any such consents, releases and/or permission upon our request).
      4. We may request that you submit evidence of your ownership of or right to use your submissions. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to suspend the shipping of an order or service relating to such content, and/or share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
    2. By submitting any content to us, you agree to not:
      1. Upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on the Website or otherwise that are unlawful, unauthorized, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
      2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
      3. Upload, download, post, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party. By uploading any content, you represent and warrant that you have the lawful right to license, reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
      4. Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
      5. Upload, download, post, email or otherwise transmit 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.
      6. Upload, download, post, email or otherwise transmit false or misleading information.
    3. You acknowledge that Company and its designees shall have the right (but not the obligation), at any time, in their sole discretion to reject or remove any content submitted to Company. Upon submission, you acknowledge that Company may review the submitted content, for adherence to our guidelines and compliance with the terms and conditions set forth in these TOU. Without limiting the foregoing, Company and its designees shall have the right to remove any submitted content that violates these TOU or is otherwise objectionable to Company. You agree that you must evaluate, and bear all risks associated with, the use of any submitted content, including any reliance on the accuracy, completeness, or usefulness of such submitted content. You acknowledge and agree that you are responsible for the creation and compilation of your submitted content, and that neither Company nor any other party involved with the production of any product incorporating such submitted content assumes that responsibility. Company’s production of any product depicting your submitted content does not indicate that Company approves of the submitted content, that the submitted content conforms with all applicable laws, or that you are absolved of any liability or harm arising from the use of the submitted content.
    4. You acknowledge and agree that Company may preserve submitted content and may also disclose submitted content and related details pertaining to your account, including but not limited to your name and email address, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these TOU; (iii) respond to claims that any submitted content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Company, its affiliates, its users and the public.
    5. You understand that the technical processing and operation of the Website and delivery of the Services, including your submitted content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
    6. You agree that you are responsible for actions and communications undertaken under your account. Company takes no responsibility and assumes no liability for any submitted content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Company and its affiliates, and their directors, officers, and employees for losses, damages and injuries which are based on or relate to communications, submitted content or materials on the Website. You agree to indemnify and defend Company and its affiliates and their directors, officers, and employees from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of these TOU. If you have to indemnify Company, Company will have the right to control the defense, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without Company’s express written permission.
    7. Art and Graphic Requirements.
      1. Resolution & Color Settings. All uploaded artwork and graphics must be provided in a minimum of 300 dpi and in CMYK format. Company will not be held responsible for any distortions of image or color when these requirements have not been met.
      2. Blacks. Full color jobs that contain large solid areas of black ink should set the black up as CMYK black (60, 40, 40, 100). Company will not be liable for printing a consistent, solid and vibrant black if artwork is not set up to this specification. Please note that rich black should not be used for text.
      3. Bleed. You must include 1/8” bleed on all sides for designs which have content extending to the trim line. You must exclude important content from the safe zone, defined by the inner 1/8 margin to the trim lines.
  6. Use Of Information Submitted.

    You hereby agree that we are free to use any suggestions, comments, information, reviews, feedback, postings, materials, photographs, artwork, ideas, or any other content contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose. Any such content that you submit will be owned by us (other than Personally Identifiable Information, which is governed by our Privacy Policy), and you hereby transfer any intellectual property rights in such ideas and suggestions to us.

  7. Product Specifications.

    We conduct product development and sourcing on a continuous basis, and therefore reserve the right to alter or amend the specifications any product at any time. We display the color of our printed products as accurately as possible, but cannot guarantee that how it is displayed on your computer screen will precisely match the color of the delivered product.

  8. Disclaimer of Warranty.

    Customer agrees to use all Services and any information obtained through or from Company, at Customer’s own risk. Customer acknowledges and agrees that Company exercises no control over, and accepts no responsibility for, the submitted content of the information passing through Company’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF COMPANY, ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN “COMPANY PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. COMPANY IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY COMPANY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of these TOU.

  9. Limitation of Liability.
    1. IN NO EVENT SHALL COMPANY OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM COMPANY OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE CONTENT, SERVICES OR WEBSITE.
    2. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section shall not apply to Customer’s indemnification obligations.
    3. Notwithstanding anything to the contrary in these TOU, Company’s maximum liability under these TOU for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
    4. These limitations of liability in this Section reflect an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with these TOU. The terms of this section shall survive any termination of these TOU.
  10. Indemnification.

    Customer agrees to indemnify, defend and hold harmless Company and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services; (ii) your breach of these TOU; (iii) any suit, claim, or demand arising from or relating to any Submitted content or other related material; or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of these TOU.

  11. Miscellaneous.
    1. Independent Contractor. Company and Customer are independent contractors and nothing contained in these TOU places Company and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
    2. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to these TOU, the formation of these TOU or the breach of these TOU, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Arizona. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these TOU. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN MARICOPA COUNTY, ARIZONA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
    3. Headings. The headings herein are for convenience only and are not part of these TOU.
    4. Entire TOU; Amendments. These TOU, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these TOU constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between these TOU and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Company, the terms and conditions of these TOU shall control. No additional terms or conditions relating to the subject matter of these TOU shall be effective unless approved in writing by any authorized representative of Customer and Company. These TOU may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these TOU may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company’s web site.
    5. Severability. All rights and restrictions contained in these TOU may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these TOU illegal, invalid or unenforceable. If any provision or portion of any provision of these TOU shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
    6. Electronic Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery. By registering on the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You will receive electronic notifications from us to inform you of various stages of progress for your order. In addition, we may email you periodically to inform you of limited time offers, sales, and promotions. You may unsubscribe from these emails by clicking on the link on the bottom of the email.
    7. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of these TOU shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
    8. Assignment; Successors. Customer may not assign or transfer these TOU or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under these TOU, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. These TOU shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
    9. Limitation of Actions. No action, regardless of form, arising by reason of or in connection with these TOU may be brought by either party more than two (2) years after the cause of action has arisen.
    10. Counterparts. If these TOU are signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If these TOU are signed electronically, Company’s records of such execution shall be presumed accurate unless proven otherwise.
    11. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under these TOU (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
    12. No Third-Party Beneficiaries. Except as otherwise expressly provided in these TOU, nothing in these TOU are intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft?, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in these TOU as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of these TOU with respect to its products or services against Customer as if it were a party to these TOU.
    13. Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with these TOU without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
    14. Marketing. Customer agrees that during the term of these TOU Company may publicly refer to Customer, orally and in writing, as a customer of Company. Any other public reference to Customer by Company requires the written consent of Customer.
    15. Questions & Contact Information. Questions or comments about the Website may be directed to us at info@iboost.com.

Last Modified: February 20, 2013