Terms & Conditions

Updated as of July 2, 2024

Welcome to our consulting services! By engaging with our services, you agree to comply with and be bound by the following terms and conditions. These terms outline the rules and regulations for the use of our consultancy offerings, including the scope of services, payment terms, confidentiality, and limitations of liability. We aim to provide you with high-quality, professional advice and support tailored to your needs. Please read these terms carefully before proceeding, as they form a legally binding agreement between you and our consulting firm. If you have any questions or need further clarification, do not hesitate to contact us.

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between OPTIMIZE YOUR BIZ, LLC, a limited liability company doing business as BOOSTING YOUR BIZ organized under the laws of the state of Washington (“Boosting Your Biz”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Boosting Your Biz website: https://www.boostingyourbiz.com (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Boosting Your Biz shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Boosting Your Biz for services rendered shall remain and continue to be an ongoing obligation owed by Client to Boosting Your Biz.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Boosting Your Biz and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Boosting Your Biz and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Boosting Your Biz express prior written permission. Boosting Your Biz reserves all rights in the Website, Content and Marks.

2. Ownership of Materials

Notwithstanding Boosting Your Biz’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Boosting Your Biz to become the owner of a Project, in whole or in part, rather than Client, Boosting Your Biz irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.Client warrants that any and all materials provided to Boosting Your Biz as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Boosting Your Biz always reserves the right to share the Client's design work publicy (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Boosting Your Biz and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Boosting Your Biz will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.So long as Boosting Your Biz has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Boosting Your Biz on behalf of the Client. Further, Client agrees to refrain from the following:Make any unauthorized use of the Website;Retrieve data or content for the purposes of creating or compiling a database or directory;Circumvent, disable, or otherwise interfere with security-related features on the Website;Engage in unauthorized framing or linking of the Website;Trick, defraud or mislead Boosting Your Biz or other users;Interfere with, disrupt or create an undue burden on the Website or Boosting Your Biz networks or servers;Use the Website in an effort to compete with Boosting Your Biz;Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of Boosting Your Biz employees, independent contractors or agents providing services through the Website;Delete the copyright or other rights notice from any Content;Copy or adapt the Website’s softwareUpload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;Disparage, tarnish or otherwise harm Boosting Your Biz;Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

6. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Boosting Your Biz and Boosting Your Biz is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Boosting Your Biz shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Boosting Your Biz for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

7. Management and Oversite

Boosting Your Biz reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. DesignJoy further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Boosting Your Biz, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Boosting Your Biz and shall be designed to protect Boosting Your Biz’s rights and property.

8. Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Boosting Your Biz does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Boosting Your Biz without parental consent, Boosting Your Biz shall delete that information as soon as reasonably practical.

9. Returns and Refunds

At Boosting Your Biz, we are committed to providing exceptional consulting services through our flexible, on-demand monthly subscription tiers: Basic, Standard, and Pro and as such reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. We understand that there may be instances where issues arise, and we strive to handle these situations fairly and transparently.

  • Issue Resolution: If you are not satisfied with our services, we encourage you to contact us to discuss your concerns. Our team will do their best to resolve any issues to your satisfaction before considering a refund.

  • Refund Policy: Generally, we do not issue refunds. However, if it is determined that a refund is necessary during the first month of your subscription, please contact us. We will review your request on a case-by-case basis to determine the appropriate course of action.

  • Ownership of Materials: If a refund is issued during the first month, all materials and work produced by Boosting Your Biz will remain the property of Boosting Your Biz. You will not be permitted to use these materials in any way.

  • Refund Fee: If a refund is deemed appropriate, a fee of 25% of the remaining billable period will be deducted from the refund amount. This fee covers the costs incurred for the initial setup and work performed.

  • Subscription Cancellation: After the first month, you can cancel your subscription at any time. However, refunds will not be issued for any unused portion of the current billing period.

  • Subscription Pause: Boosting Your Biz offers the flexibility to pause your subscription if needed. During the pause period, your subscription will be temporarily suspended, and you will not be billed. You can resume your subscription at any time without losing your place or any previous work done.

  • Legal Actions: Boosting Your Biz reserves the right to take appropriate legal actions if there is a breach of this refund policy.

10. Modification

Boosting Your Biz reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Boosting Your Biz reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

11. Termination

  • By Client: The Client may terminate this Agreement at any time by pausing or canceling their subscription through the Boosting Your Biz platform. No refunds will be issued for any unused portion of the current billing period.

  • By Boosting Your Biz: Boosting Your Biz reserves the right to terminate this Agreement or pause/cancel the Client's subscription at any time, with or without cause. No refunds will be issued for any unused portion of the current billing period.

  • For Cause: Either party may terminate this Agreement immediately if the other party breaches any material provision of this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice of the breach. In such cases, the Client agrees to pay for all services rendered up to the date of termination.

  • Insolvency: Either party may terminate this Agreement if the other party becomes insolvent, makes an assignment for the benefit of creditors, or has a receiver appointed or files for bankruptcy.

Upon termination by either party, all obligations of confidentiality, intellectual property rights, and non-solicitation will remain in effect as stated in this Agreement.

12. Connection Interruptions

Boosting Your Biz does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Boosting Your Biz control. Client agrees that Boosting Your Biz shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

13. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington without regard to conflict of law principals.

14. Litigation

Any legal action of whatever nature shall be brought in the state courts of Thurston County, Washington or in the United States District Court for the District of Washington. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

15. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Boosting Your Biz disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Boosting Your Biz makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Boosting Your Biz assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Boosting Your Biz secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Boosting Your Biz does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.

16. Limitations of Liability and Indemnification

Boosting Your Biz and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website.Client agrees to defend, indemnify and hold harmless, Boosting Your Biz and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Boosting Your Biz reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Boosting Your Biz hereunder. Client agrees to cooperate with the defense of such claims.

17. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Boosting Your Biz shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Boosting Your Biz from any such loss or corruption.

18. Electronic communications, transactions and signatures

Client hereby consents to receive electronic communications from Boosting Your Biz and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Boosting Your Biz or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

19. Showcasing Design or Project Artifacts Work

Boosting Your Biz reserves to right to share design or project artifacts work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Boosting Your Biz, which in turn would void the right of Boosting Your Biz to share or discuss Client's work publicly.

20. Referrals

Referral tracking and payouts are handled through our third-party partner, Rewardful.com.

21. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Boosting Your Biz. Failure of Boosting Your Biz to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Boosting Your Biz.

22. Contact Information

For any questions or complaints regarding the Website, please contact Boosting Your Biz at: hello@boostingyourbiz.com