Terms & Conditions
BOOSTzer (“we,” “our,” or “us”) owns and operates this website, as well as other affiliated websites (collectively, the “Site” or “Sites”). Through these Sites, we connect consumers with cash home buyers, real estate investors, home improvement professionals, and other providers of goods and services (collectively, “Partners”). These Partners may offer or facilitate access to cash home purchase offers, real estate investing services, home improvement services, and a variety of other products, services, and marketplaces that align with your expressed interests (collectively, the “Services”).
We may create other websites that have the same or similar content as the Site and, in that event, those websites will also be governed by these Terms & Conditions; all references to the "Site" in these Terms & Conditions will also apply to any other websites. By accessing and using the Sites, you agree to and accept these Terms & Conditions, as well as our Privacy Policy and any additional terms, conditions and policies published on our Sites (collectively, the "Agreement"). Capitalized terms used but not defined herein shall have the same meaning as in the Site's Privacy Policy, which are fully incorporated herein by reference. If you do not agree to and accept the terms of the Agreement in their entirety, you do not have permission to visit and/or use any of the Sites.
Mandatory Arbitration.
THIS AGREEMENT REQUIRES DISPUTES TO BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
You may opt out of this Arbitration Agreement within 30 days of your first use of the Site by sending a written request to 217 Broadway, Suite 712, New York, NY 10007 or by emailing contact@boostzer.com. (We will retain opt-out requests for verification purposes for the duration of the applicable statute of limitations.)
These Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent and/or the Partners who are third-party beneficiaries of the mandatory arbitration provision. Thus, for example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims that you may have regarding any telemarketing or SMS/text messages that you receive are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on one of our Sites; and (2) you may opt-out by filing a claim in Small Claims court provided the requirements described below are met.
How the Site Works.
The Sites and Services provide users with (i) information about selling a home for cash, connecting with real estate investors, and related Services; and (ii) the opportunity to get connected with potential Partners who may respond with cash offers, quotes, or other proposals that align with your expressed interests. Partners that can provide you with offers may not respond until they obtain additional information from you.
To be eligible to be connected with a Partner, you must provide accurate, truthful and complete contact information including your e-mail address, full name, postal address, telephone number, and relevant property details. Complete any survey or intake to see if you may qualify for any of the promoted Partner’s products or services. We'll ask you to provide your prior express written consent to be contacted by telephone and/or text message by one of the Partners listed in the consent disclosure. If you provide consent, one of the Partners will call you and/or send you text messages at the number you provide and help you identify whether you qualify for one or more of the products or services offered.
You do not need to consent to be called or texted to use the Sites. If you don't want a Partner to call you, you can always decline to provide your consent and call our team at 1-800-347-6567. If none of our representatives are available you may be connected with another of the Partners.
We may provide information on the Sites on other goods and services we offer and provide other content (collectively, "Other Content") that you might find of value. (The foregoing activities we provide may also be referred to collectively as "Services.")
Compensation Disclaimer.
We may be compensated (i) if you provide your consent, including your prior express written consent, to be contacted by a Partner; or (ii) if you respond to an advertisement, quote or offer for a product or service from one of the Partners; or (iii) if you respond to an advertisement found on the Site. We are not a real estate brokerage, lender, or insurer, and we do not make any decisions in connection with the underwriting, financing, or purchase of any property. Any compensation from Partners or other advertisements is payment for our Services. Your use of the Site and/or Services constitutes your agreement with this compensation arrangement.
Partners will provide information on various products or services for which you may qualify. You should rely on your own judgment in deciding which available product or service best suits your needs and financial means. The applicable Partner is solely responsible for its products and services, and you agree that we shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services. You understand that Partners may keep your request information and any other information provided by us or received by them in the processing of your request, whether you are qualified for their services or if you obtain services from them. You agree to notify the Partner directly if you no longer want to receive communications from them. We are not responsible for any errors or delays in responding to a request or referral form caused by incorrect contact information provided by you or other technical problems beyond our reasonable control.
Our Site and the Services advertised herein may not be available in all states, and the availability may change from time to time without notice. The information provided by us whether on the Site or discussed during any call does not represent a guarantee of a cash offer, closing, or any specific payment. We do not guarantee that the terms or rates offered and made available by Partners are the best terms or highest offers available in the market. A Partner's offer may be subject to market conditions, approval, and qualifications.
Telemarketing and Text Messages.
Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act ("TCPA"), you consent to receive telephone calls, including calls delivered via automated technology and text and SMS messages to the telephone number(s) that you provided to us and to the Partners listed in the consent disclosure.
You are not required to provide this consent to obtain access to the Services through the Sites and your consent simply allows us and the applicable Partners to contact you through these means. If you provide consent, any of the Partners named in the consent may send you SMS messages from their short codes or long codes. Message Frequency Varies. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for help. (The mobile carriers are not liable for delayed or undelivered messages.) You may also revoke your consent to be contacted by any reasonable method, including verbal or written request, at any time, and such revocation will apply to us and all Partners listed in the consent disclosure. We will promptly communicate your revocation to all Partners to whom your information was provided.
No Representations or Warranties.
The products, Services, and Other Content on the Sites including information, documents, graphics, and images are provided by us and the providers of the goods or services and content (collectively, "Other Content Providers") and could include inaccuracies, typographical errors, or other errors. We make no commitment to update or correct any errors on the Sites.
You also understand and agree that the Site and the Services may, at times, be inaccessible or inoperable for any reason, including: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs, or administrative reviews which we may undertake from time-to-time; or (c) causes beyond our control or which are not foreseeable by us. We will not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS & CONDITIONS OR ON THE SITES, NEITHER WE NOR THE OTHER CONTENT PROVIDERS NOR ANY OF THE PARTNERS MAKE ANY SPECIFIC PROMISES ABOUT THE SITES, THE AVAILABILITY OF PRODUCTS OR SERVICES, A USER'S ABILITY TO SELL A HOME OR RECEIVE AN OFFER, OR THE SERVICES. WE PROVIDE THE SITE, SERVICES AND OTHER CONTENT "AS IS" AND "AS AVAILABLE." SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; THESE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES; PROVIDED, THAT NOTHING IN THESE TERMS & CONDITIONS AFFECTS ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE CONSUMER PROTECTION LAWS THAT CANNOT BE WAIVED.
Changes.
We reserve the right at any time to change or discontinue any aspect or feature of the Site and the right to modify the Terms & Conditions applicable to users at any time. Such changes, modification, additions, or deletions shall be effective immediately upon posting on the Site. When we post changes to these Terms & Conditions or our Privacy Policy, we will revise the "Last Modified" date at the top of the applicable document. Accordingly, you should periodically check the Site so you can familiarize yourself with any changes. Any use by you of the Site or Services following such posting constitutes acceptance of such changes.
Privacy Policy; Confidentiality.
Our Privacy Policy contains Terms & Conditions that govern our collection and use of the information you provide us or that we obtain through your use of our Site and the Services and our respective rights relative to that information. Please review our Privacy Policy before you use our Site. Our Privacy Policy explains in detail how we share your information with Partners and other third parties, including for marketing purposes, consistent with your consent. Your use of the Site indicates your agreement to our Privacy Policy.
As provided for in the Privacy Policy, we cannot guarantee your confidential use of the Site. We will not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality from your use of the Site.
Eligibility.
The Site is intended for United States residents who are age 18 or older. Some Services may only be available to users within specific age ranges or geographic areas as determined by the applicable Partner. The Site, Services, and Other Content are available for use only by residents of the United States, physically located in the United States; accessing the Site from certain locations may be illegal and prohibited. You agree not to access the Site, Other Content or use the Services where prohibited by law. We do not represent that all content, materials and services on our Site are appropriate or available for use in geographic locations outside the United States. We are not responsible for your compliance with local laws or other applicable laws.
Equipment.
You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for your use of the Site, including telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use the Site and/or the Services.
Proprietary Rights.
The Site, Other Content, and the Services are made available for your personal, non-commercial use only and you agree not to copy, duplicate, display, transmit, distribute, modify, reverse engineer, or prepare derivative works of all or any portion of the foregoing for any purpose. Portions of the Site are proprietary to us and/or the Other Content Providers or other third parties and are protected by intellectual property laws and treaties, including copyright, trademark, service mark, trade secret and/or patent laws and we reserve all our rights and the rights of the Other Content Providers and other third parties. Some of the services and content on the Site are provided by the Other Content Providers and other third parties and are proprietary to these parties.
The names of Partners, companies and products that we do not own and that are mentioned or advertised on the Site may be the trademarks of their respective owners. Any use of the protected services and/or content belonging to us or third parties without the express written permission of the owner thereof is strictly prohibited. You may not use the Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the search results and reformat and display them or mirror the Site home page or search results pages on your website; provided, that these restrictions do not apply to content you lawfully own and submit to the Site (if any).
Site Links and Third-Party Sites.
The Site contains ads that may link you to an advertiser’s website and other links to third-party websites which are independent of the Site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in the product information and any other linked website. We do not endorse any product or linked website or products or services described therein and are not responsible for and disclaim all liability for these third-party websites. You should review the Terms & Conditions and privacy policies applicable to these third-party websites.
Fraudulent & Abusive Activity Prohibited.
We strictly prohibit fraudulent and abusive activity relating to access to and use of the Site and the Services, including the provision of consent for telemarketing calls, text messages and commercial email. In accessing the Site, or any other activities, products or Services offered by or through the Site, you represent and warrant that: (a) all information you supply is yours, has been voluntarily submitted, is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of these terms, and (c) you will not circumvent or attempt to circumvent any provision of these Terms & Conditions or any security feature on the Site or engage in any activity that interrupts or attempts to interrupt the Site's operation, and (d) you will not take any action that is intended to or does materially harm the goodwill or reputation of BOOSTzer through false, misleading, or unlawful statements or conduct. We may take action, up to and including legal action, if we deem that a user is exhibiting patterns of fraud and abuse.
Voice Recording and Monitoring Consent.
You agree and consent that we may record or monitor oral or voice communications, utterances, and conversations or commands made by you during any calls you make to us as permitted by 18 U.S.C. §§ 2511 et seq., Cal. Penal Code § 632 et seq., and other state laws that regulate call monitoring and recording. By calling us, you expressly consent and grant it the right to record or monitor and use this information for the purposes set out in the Privacy Policy. We are under no obligation to monitor or record the Services for accuracy, completeness, or quality.
Choice of Law.
You agree that these Terms & Conditions constitute the agreement between you and us and shall be construed and governed in accordance with the laws of the State of New York, regardless of the conflicts of law provisions of the jurisdiction where you live or in any other jurisdiction. However, you may be entitled to the protections of the mandatory laws of your state of residence.
Arbitration/Dispute Resolution.
IMPORTANT: THIS AGREEMENT REQUIRES THAT MOST DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
Nothing in this Arbitration/Dispute Resolution provision limits your right to file a complaint with any federal, state, or local government agency that is authorized by law to hear such complaints.
You may opt out of this Arbitration/Dispute Resolution provision by sending written notice of your decision within thirty (30) days of the date you first register on the Site. To obtain our mailing address for your opt-out notice, email contact@boostzer.com. Opting out will not affect other provisions of this Agreement.
You agree to arbitrate any and all claims arising out of or related to the Agreement. If you have a dispute concerning any aspect of the Agreement, including without limitation, a telemarketing call or SMS/text message that you received from us or one of the Partners, you should first contact customer support on the Site or email contact@boostzer.com. We will attempt to help you resolve the matter to your satisfaction within thirty (30) days of our receipt of a customer support request. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, if we can't otherwise satisfactorily resolve your dispute, or if you choose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/. If the AAA Consumer Arbitration Rules require a different venue, that venue shall govern, prevail, and control.
An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us—and only those Partners directly involved in the specific transaction or communication giving rise to the dispute—arising out of or related to the Agreement. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your particular claim or dispute, and any claim that all or any part of the Agreement, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online. To obtain our mailing address, contact us at contact@boostzer.com.
Either party may submit the dispute for resolution by arbitration at a location reasonably convenient to both parties. If either party files for arbitration, it will be conducted in accordance with the then current AAA Consumer Arbitration Rules. If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.
Class Action Waiver.
The arbitration provision contained in these Terms & Conditions does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.
Exceptions to Mandatory Arbitration.
Nothing in this Arbitration/Dispute Resolution provision limits your right to file a complaint with any federal, state, or local government agency that is authorized by law to hear such complaints.
There are two narrow exceptions to mandatory arbitration:
First, you may opt-out of the Arbitration/Dispute Resolution provision as described in the “Mandatory Arbitration” Section above. To obtain our mailing address, contact us at contact@boostzer.com.
Second, you may choose to pursue your dispute or claim in Small Claims Court rather than by arbitration but only if your dispute or claim qualifies for Small Claims Court in a location where jurisdiction and venue over both you and BOOSTzer is proper.
Other than these two exceptions, you must arbitrate any claims as provided above.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, THE APPROVED RECIPIENTS OR ANY SERVICE PROVIDER USED BY US TO PROVIDE THE SUBJECT SERVICE.
Limitation of Liability.
WHEN PERMITTED BY LAW, WE, THE OTHER CONTENT PROVIDERS, PARTNERS, AND OTHER THIRD PARTIES WILL NOT BE RESPONSIBLE FOR INJURIES OR ILLNESS DUE TO USE OF GOODS OR SERVICES OFFERED OR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, THE OTHER CONTENT PROVIDERS, APPROVED RECIPIENTS AND OTHER THIRD PARTIES, FOR ANY CLAIMS UNDER THESE TERMS & CONDITIONS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF (a) $500; OR (b) THE TOTAL AMOUNT YOU PAID TO US TO USE THE SITE, APPLY FOR COMPENSATION IN ANY SETTLEMENT, USE OF ANY OF THE OTHER CONTENT OR PURCHASE ANY GOODS OR SERVICES OFFERED ON THE SITE, AND APPLIES ONLY TO DIRECT DAMAGES ACTUALLY INCURRED; PROVIDED, HOWEVER, THAT NOTHING IN THIS LIMITATION SHALL EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, WE AND THE OTHER CONTENT PROVIDERS, APPROVED RECIPIENTS AND OTHER PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Indemnification.
You agree to indemnify, hold harmless and defend us, our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) these TERMS & CONDITIONS and/or any breach or alleged or threatened breach by you; (b) your use of the Site or other content or materials or services transmitted or received by you; (c) any unacceptable or objectionable use of the Site by you; (d) any negligent or willful misconduct by you, including engaging in fraudulent or abusive activity.
Integration and Conflicting Terms; Severability.
These Terms & Conditions and the Privacy Policy as referenced herein constitute the complete and exclusive agreement between you and us with respect to use of the Site and supersedes any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between you and us concerning the use of the Site. These Terms & Conditions and the Privacy Policy shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Privacy Policy shall govern, prevail, and control over the Terms & Conditions.
Any provision of these Terms & Conditions, which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms & Conditions in that jurisdiction without in any way invalidating the remaining provisions of these Terms & Conditions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
Contact Us.
If you have any questions, comments, complaints, or suggestions regarding the Terms & Conditions or the Site, please contact us here.
BOOSTzer
217 Broadway, Suite 712
New York, NY 10007
1-800-347-6567
contact@boostzer.com