Effective Date: September 01, 2020
1. Introduction
1.1-the "BOOSTER" Marketplace (GENESIS LLC) is a trading platform that allows users to offer, sell and buy products. As a trading platform, the BOOSTER marketplace does not own or sell the products listed on this site. The actual contract of sale is concluded directly between buyers and sellers. While the "BOOSTER" marketplace can help facilitate the resolution of disputes between buyers and sellers, the "BOOSTER" marketplace does not control or guarantee: the existence, quality, safety, or legality of the advertised products; the veracity or accuracy of user content or listings; the ability of sellers to sell items; the ability of buyers to pay for items.; or that the buyer or seller will actually complete the transaction or return the item.
1.2-this agreement ("agreement"), the privacy Policy of the marketplace "BOOSTER" (available at www.2booster.com/privacy-policy-en), as well as all policies posted on our sites set terms and conditions on which the marketplace "BOOSTER" offers you access to our sites, services, applications, and tools and their use (collectively the "services"). This Agreement is concluded between you as a user of our services (hereinafter referred to as the "user") and 2booster.com (the "BOOSTER" marketplace). All rules and privacy Policy of the "BOOSTER" marketplace are included in this User agreement. You agree to comply with all of the above when accessing and using our services.
1.3-please note that this User agreement contains provisions governing the resolution of claims that you and the "BOOSTER" marketplace have against each other (see disclaimer of warranties; limitation of liability and legal disputes below). It also contains an arbitration Agreement that will require you to submit claims you have against the BOOSTER marketplace to binding and final arbitration.
1.4-acceptance of the agreement. By accessing or using the site, you hereby agree to accept the terms and conditions set forth in this Agreement as a user. You agree to comply with the terms of this Agreement with respect to your access to or use of this site, as well as any further updates, modifications, additions or changes to this site. If you do not accept all the terms of this Agreement, please do not use this site. You may not use the site and may not accept the terms of this Agreement if (A) you are not of legal age to enter into a binding contract, or (B) you are a person who is prohibited from using the site under the laws of the United States or other countries, including the country in which you reside or from which you use the site. Before proceeding, you must print or save a local copy of this agreement for your records.
1.5-amendments. The BOOSTER marketplace may make changes to this agreement and / or the site policy at any time, with or without notice, by posting the amended and revised agreement or policy on the site. The amended and revised agreement and / or policy will take effect immediately upon publication. BOOSTER's posting of the amended and revised agreement or policy and your continued use of the Site will be deemed acceptance of the amended terms. This agreement and the site policy may not be changed in any other way, except in writing by an authorized official of the "BOOSTER" marketplace.
2. Definitions
2.1-Personal Data. Any information related to an identified or identifiable individual.
2.2 Content of the "BOOSTER" marketplace. Information, text, images, video clips, directories, files, databases, or offers available on or through the site are hereinafter referred to as "BOOSTER marketplace content"."
2.3-Registered User. Each user who fills out the registration form on the site provides information about the user (for example, name, address, phone number, Fax number, email address, etc.) is a registered user ("registered user") of the "BOOSTER"marketplace. The "BOOSTER" marketplace creates an account ("account") for each registered user on the site, and each registered user will be assigned an alias.
2.4-Third-Party Content. Some materials of the "BOOSTER" marketplace displayed on the site are provided or published by third parties, hereinafter referred to as"third-party content".
2.5-Rights Of Third Parties. Third-party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights that affect or relate to the materials or information displayed on the site, including, but not limited to, personal and privacy rights, and that affect or relate to products offered or displayed on the site, are hereinafter referred to as " third-party rights."
2.6-Operational Risks. The risks that users assume when using the Site or conducting transactions are considered "transactional risks". Operational risks include risks of liability or damage of any kind in connection with the use of the Site. These risks include, but are not limited to:
a) misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, non-compliance with technical requirements, defective or dangerous products, illegal products, delay or non-fulfillment of delivery or payment terms, miscalculations in cost, breach of warranty and breach of contract.
b) the risks that the production, import, distribution, offering, demonstration, purchase, sale and/or use of products or services offered or displayed on the site may violate or may be claimed to violate the rights of third parties, as well as the risk that users may incur protection costs or other expenses in connection with third parties ' assertions of third-party rights or in connection with any claims by any party that they are entitled to protection or damages in connection with third-party claims, claims or claims
C) risks that consumers, other buyers, end users of products or other persons claiming to have suffered damage or harm related to the product originally obtained by users of the site as a result of sales transactions in connection with the use of the site may suffer damage and/or claim claims arising from their use of such products.
2.7-user. For the purposes of this Agreement, a " User "is any person who accesses the site for any purpose, regardless of whether the specified user has registered on the" BOOSTER " marketplace as a registered user. The user includes any person using this site and any legal entity that may be represented by such person under actual or apparent authority.
2.8-seller. Is any individual or legal entity listed as a Seller on the Product page that is the owner of the corresponding Product.
2.9-Boostcoin. a private virtual currency intended for converting other currencies on the "BOOSTER" marketplace, with further withdrawal to the seller's account at the exchange rate of the country in which the seller is located. Virtual currency Boostcoin is used only on the "BOOSTER" marketplace and the website 2booster.com, and is not related in any way to other currencies similar in name. The Boostcoin virtual currency is backed by a currency - the Russian ruble, in the coefficient of 1 ruble = 1 Boostcoin. In the event of a decrease, increase, collapse, devaluation or default of the Russian ruble, the BOOSTER marketplace (Genesis LLC) does not compensate for any losses. When the seller requests to withdraw money, the amount in Russian rubles will be transferred to his account specified in his personal account, and the seller's bank will already convert the transferred amount in Russian rubles into the currency of its country, at its own currency exchange rate. If the seller's bank takes a commission for the conversion, then there should be no claims or legal proceedings against the "BOOSTER" marketplace, since for our part we send an amount equal to the seller's request.
3. Using the "BOOSTER" marketplace
3.1-General provisions. Users may use this site solely for their own personal or internal purposes. Each user agrees that they must not copy, reproduce, or download any of the content of the BOOSTER marketplace for the purpose of reselling or re–distributing the content of the BOOSTER marketplace, mass mailing (via email, wireless text messages, physical mail, or otherwise), conducting business that competes with the BOOSTER marketplace, or otherwise making commercial use of the BOOSTER marketplace content. Systematic search of the "BOOSTER" marketplace content from this site to create or compile, directly or indirectly, a collection, compilation, database, or catalog (whether using robots, spiders, automatic devices, or manual processes) without the written permission of the "BOOSTER" marketplace is prohibited. In addition, it is prohibited to use the content of the "BOOSTER" marketplace for any purposes not expressly permitted by this Agreement.
3.2-messages or information sent by the user through the communication systems provided by the "BOOSTER" marketplace, as well as emails, faxes, letters to recipients or instant messages sent to addresses obtained from information received from the site, must not contain any materials described in the provisions of section 5.4.
3.3-no user should take any actions aimed at undermining the integrity of computer systems or networks used by the "BOOSTER" marketplace or any other user, and no user should attempt to gain unauthorized access to such computer systems or networks.
3.4-your privacy and personal data are very important to us. Any personal data that you provide to us will be processed in accordance with our privacy policy, which explains what personal data we collect from you, how and why we collect, store, use and share such data, your rights in relation to your personal data, and how to contact us and regulatory authorities if you have a request or complaint about the use of your personal data.
3.5 - we use the necessary cookies for the operation of our site. Cookies are small text files placed on your device (such as a computer, smartphone, or other electronic device) when you use our website. The necessary cookies provide basic functionality, such as security, network management, and availability. You can disable them by changing your browser settings, but this may affect the operation of the website.
3.6-we would also like to set additional Analytics and advertising cookies that will allow us to tailor the best products and services for you. For example, third-party cookies provided by Google Analytics, Google Ads, Google Tag Manager, Yandex Metrica, Reddit, Facebook help us improve our website by collecting and communicating information about how you use it. These cookies collect information in an anonymous form.
3.7-Rights Of Third Parties. As a condition of your access and use of the site, you agree that you will not use our services to violate the rights of third parties in any way. The "BOOSTER" marketplace, under appropriate circumstances, terminates the accounts of users who are repeat violators of the rights of third parties. In addition, the BOOSTER marketplace reserves the right to terminate any user's account if the BOOSTER marketplace believes that the user's behavior is detrimental to the interests of the BOOSTER marketplace, ITS employees, Directors, affiliates, or other users, or for any other reason at the sole and absolute discretion of the BOOSTER marketplace, with or without reason.
4. Registered user
4.1-confidentiality. By becoming a registered user, you agree to be guided by our privacy policy. You also agree to the inclusion of your personal data in our database and allow the "BOOSTER" marketplace to share such information with other users in accordance with the purposes set out in this Agreement.
4.2 - despite section 4.1, the "BOOSTER" marketplace may refuse registration and refuse to issue an account and associated username and password to any user for any reason or for no reason at all.
4.3-the "BOOSTER" Marketplace may suspend or terminate the registered user's account at any time if:
a) by the sole and absolute definition of the "BOOSTER" marketplace, any violation of the provisions of this Agreement occurs by the registered user; or
b) the "BOOSTER" marketplace has reasonable grounds to suspect that the information provided by the registered user is untrue, inaccurate, or not up-to-date or complete; or
C) the BOOSTER marketplace believes that the user's behavior is detrimental to the interests of BOOSTER, ITS employees, Directors, affiliates, or other users; or
e) for any other reason at the sole and absolute discretion of the "BOOSTER"marketplace.
4.4-the transfer of the account, username and password is prohibited. A registered user may not sell, attempt to sell, offer to sell, give, assign, or otherwise transfer an account, Username, or password to third parties without the prior written consent of the "BOOSTER"marketplace. The "BOOSTER" marketplace may suspend or terminate the account of a registered user or the recipient of a registered user in the event of a sale, offer for sale, gift, assignment or transfer in violation of this section.
5. Placement on the "BOOSTER" marketplace
5.1-you must be a registered user and pass moderation to post information on the site using the tools provided by the site.
5.2-no relations of the trading Agency are created between any user and the "BOOSTER" marketplace, its branches, Directors, officers or employees due to the display of the "BOOSTER" marketplace of any user information on the site.
5.3-each user hereby represents, warrants and agrees to:
a) that any information provided by the User for display on the site is true, accurate, up-to-date and complete; and
b) that it will maintain and promptly change all information so that it is true, accurate, up-to-date and complete.
5.4-prohibited behavior. Each user hereby declares, warrants, and agrees that the information provided by the "BOOSTER" marketplace for display on the site must not:
a) contain fraudulent information or make fraudulent offers of goods, or involve the sale or attempted sale of counterfeit or stolen goods or goods the sale and/or sale of which is prohibited by applicable law, or otherwise facilitate other illegal activities;
b) be part of a scheme to deceive other users of the site or for any other illegal purposes;
c) relate to the sale of products or services that violate or otherwise promote or encourage the violation or violation of any third party rights;
d) violate any applicable laws, regulations, or regulations (including, but not limited to, those governing export controls, consumer protection, unfair competition, anti-discrimination, or false advertising);
e) be defamatory, defamatory, unlawfully threatening or unlawfully harassing;
f) be obscene, contain or suggest any pornography or sex-related products or any other content that otherwise promotes sexually explicit material or is otherwise harmful to minors;
(g) promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
h) contain any material that constitutes unauthorized advertising or harassment (including, but not limited to, spam);
I) request business from any users in connection with commercial activities that compete with the "BOOSTER"marketplace.
j) contain any computer viruses, Trojan horses, worms, or other destructive devices and codes that may damage, interfere with, intercept, or expropriate any software or hardware system, data, or personal information;
(k) directly or indirectly refer to or include descriptions of goods or services prohibited by this Agreement; or
l) otherwise create any liability for the BOOSTER marketplace, ITS employees, Directors, or its affiliates.
5.5-Rights Of Third Parties. Each user hereby represents, warrants, and agrees that they have obtained all necessary third-party copyrights, trademarks, trade secrets, or patent licenses and permissions, as well as such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including, but not limited to, personal and privacy rights), for any materials or information, which it places on the site or provides the "BOOSTER" marketplace or allows the "BOOSTER" marketplace to display. Each user hereby represents, warrants and agrees that it is solely responsible for ensuring that any materials or information that it posts on the site or provides the "BOOSTER" marketplace or permits the "BOOSTER" marketplace to display does not violate any third-party rights or is posted with the permission of the owner(s) of such rights. Each user hereby represents, warrants, and agrees that they have the right to produce, offer, sell, import, and distribute the products that they offer and display on the site, and that such production, offer, sale, import, and / or distribution of these products does not violate any third-party rights.
5.6-issuing a license. Each user hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through several levels), assignable license to the BOOSTER marketplace and its affiliates to display and use all information provided by such User in accordance with the purposes set forth in this agreement, as well as to exercise the rights that you hold in relation to such materials or information, including, but not limited to, copyright, publicity and database rights, in any media, known or unknown at the present time.
5.7-deleting the material. BOOSTER marketplace reserves the right, in its sole and absolute discretion, to remove any materials posted on the site, including materials that IT believes are illegal, may result in liability of BOOSTER marketplace, violate this Agreement, or are otherwise considered inappropriate.
5.8-BOOSTER Marketplace reserves the right to fully cooperate with government agencies, private detectives and / or affected third parties in the investigation of any alleged criminal or civil offenses. In addition, the BOOSTER marketplace may disclose the identity and contact information of any user if requested to do so by a government or law enforcement Agency, an affected third party, a subpoena, or any other legal action, and the BOOSTER marketplace is not responsible for damages or any other consequences thereof. The user also agrees that they will not bring any.
6. Transactions between buyers and sellers
6.1-General provisions. The BOOSTER marketplace provides an electronic web platform for exchanging information between buyers (the" buyer") and sellers (the" seller") of goods and services.
6.2-users are solely responsible for all terms and conditions of transactions conducted on, through, or as a result of using the site, including, but not limited to, terms of payment, refund, warranty, delivery, insurance, fees, taxes, ownership rights, licenses, penalties, permits, processing, transportation, and storage.
6.3-the BOOSTER Marketplace does not represent the seller or buyer in specific transactions, nor does IT act as an agent for either the seller or the buyer. BOOSTER marketplace does not control and is not responsible for the quality, safety, legality or availability of products or services offered for sale on the site, the ability of sellers to complete a sale, or the ability of buyers to complete a purchase. Users are hereby aware that they may be dealing with other users acting under false pretenses. The "BOOSTER" marketplace uses several methods to verify the accuracy of the information that our users provide to us when registering on the site. However, since checking users on the Internet is difficult and problematic, the "BOOSTER" marketplace cannot and does not confirm the assumed identity of each user. We recommend that you use the various tools available on the site, as well as common sense
7. Fees
7.1-seller's fees. The fees we charge for using our services are listed on our merchant fees and payments page. The BOOSTER marketplace may change its fees from time to time by posting changes on the site 30 days in advance, but without prior notice required for temporary promotions.
7.2-duties of the buyer. The fees we charge for processing payments are published on our buyer payments page. The BOOSTER marketplace may change its fees from time to time by posting changes on the site 30 days in advance, but without prior notice required for temporary promotions.
7.3-miscellaneous. Users must have a payment method when selling or purchasing on the "BOOSTER" marketplace, and users must pay all fees and applicable taxes related to our services by the payment deadline. If your payment method does not work or your account is overdue, we may collect the fees due using other collection mechanisms. (This includes charging other payment methods with us, as well as withholding collection agencies and legal consultants). In addition, users will be subject to late payment fees. Also listed below are paragraphs 8.2 and 8.3 for fines, deposits, and indemnification obligations related to violations of this User Agreement.
8. Disputes between users
8.1-the BOOSTER Marketplace acts as an arbiter. If any user has a dispute with any other user regarding a transaction on the site, such user agrees to submit the dispute to the support of the BOOSTER marketplace as an arbitrator for a final and binding decision. To allow the "BOOSTER" marketplace to conduct investigations fairly and reasonably, users agree to refrain from going to court while the warrant is still open or pending. Users who seek the intervention of third parties (with the exception of state investigative agencies) will be considered as interference in the investigation process and an attempt to impose a decision in their favor.
8.2-obligation to pay damages. If the seller is obligated to compensate the buyer or the "BOOSTER" marketplace, the seller authorizes the "BOOSTER" marketplace to remove the amount of compensation (in the same or another currency) from the seller's account on the "BOOSTER"marketplace. The "BOOSTER" marketplace can place the refund amount on the seller's account. If the seller does not provide the "BOOSTER" marketplace with a valid payment method, we may collect the outstanding amounts using other collection mechanisms, including withholding from collection agencies.
8.3-fines. In rare cases, when the "BOOSTER" marketplace determines that a dispute between users is caused by a violation of this User Agreement by the user, the violating user authorizes the "BOOSTER" marketplace to charge a fine against the user's payment method in the amount of up to $200.00. In addition, the "BOOSTER" marketplace may suspend or block the User's account and / or require a Deposit of up to $300.00 to activate the User's account.
8.4-release. If you have a dispute with one or more users, you agree to indemnify and hold harmless BOOSTER and ITS officers, Directors, employees, agents, affiliates and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages, including, but not limited to, any actual, special, incidental or consequential damages of any kind and nature, known or unknown, arising out of or in any way related to such dispute. By entering into this release, you expressly waive any protection (whether legal or otherwise) that would otherwise limit the scope of this release, including only those claims that you may know or suspect exist in your favor at the time of your consent to this release.
9. Disclaimer of warranties; limitation of liability
9.1-THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE BOOSTER MARKETPLACE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, OBLIGATIONS AND CONDITIONS ARE HEREBY EXCLUDED.
9.2-BOOSTER MARKETPLACE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR RELEVANCE OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. BOOSTER DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTION, IMPORT, DISTRIBUTION, OFFERING, DEMONSTRATION, PURCHASE, SALE, AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT INFRINGE ANY THIRD PARTY RIGHTS; AND BOOSTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
9.3-any material uploaded or otherwise obtained through the site is at the discretion and risk of each user, and each user is solely responsible for any damage to their computer system or loss of data that may occur as a result of downloading any such material. No advice or information, oral or written, received by any user from the "BOOSTER" marketplace or through the site creates any warranty not expressly stated in this document.
9.4-Force Majeure. Under no circumstances will the BOOSTER marketplace be liable for any delays, disruptions or disruptions to the content or services provided through the site, directly or indirectly caused by acts of nature, forces or causes beyond its reasonable control, including, but not limited to, Internet, computer, telecommunications or any other equipment failures, power failures, strikes, labor disputes, riots, riots, civil unrest, shortage of labor or materials, fires, floods, storms, explosions, acts of God, wars, government actions, decisions of national or foreign courts or tribunals, or non-performance of obligations by third parties.
9.5-each user hereby agrees to indemnify and hold harmless the BOOSTER marketplace, its affiliates, Directors, officers and employees from any losses, claims, obligations (including legal costs based on full compensation) that may arise, directly or indirectly:
a) from the use of the site by such User, including, but not limited to, the display of such User's information on the site;
b) from violation by such User of any of the terms and conditions of this Agreement;
c) against the violation by such User of any representations and warranties made by the user of the "BOOSTER" marketplace, including, but not limited to, those set out in sections 5.3, 5.4 and 5.5 above.
d) as a result of any claims made by third parties claiming rights or other third parties related to the products offered or displayed on the site.
9.6-BOOSTER Marketplace and ITS affiliates, Directors, officers and employees are not liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption, loss of information), whether as a result of contract, negligence, tort, strict liability or otherwise, or any other damages resulting from any of the following::
a) use or inability to use the site;
b) any defect in goods, samples, data, information or services purchased or received from the user or a third party service provider thro
10. Intellectual property rights the marketplace "BOOSTER»
10.1-General provisions. GENESIS LLC is the sole owner or legal licensee of all rights to the website and content of the BOOSTER marketplace. The website and content of the "BOOSTER" marketplace contain trade secrets and intellectual property rights protected by worldwide copyright and other laws. All ownership, title and intellectual property rights to the site and content of the BOOSTER marketplace remain with the BOOSTER marketplace, ITS affiliates, or licensors of the BOOSTER marketplace content, as appropriate. All rights not otherwise claimed under this Agreement or the "BOOSTER" marketplace are hereby reserved.
10.2-trademarks and service marks. "BOOSTER" marketplace, " 2booster.com and related icons and logos are registered trademarks or service marks of GENESIS LLC in various jurisdictions and are protected by applicable copyright, trademark, and other proprietary laws. Unauthorized copying, modification, use or publication of these marks is strictly prohibited.
11. Notice to users
11.1 all notices or user requirements take effect, if delivered personally, sent by courier, registered mail, Fax or email to the last known mailing address, Fax, or e-mail provided by the user of the marketplace "BOOSTER", or by posting such notice or requirement in the public area of the website for free. A user notification is considered received by such User if and when:
A. the "BOOSTER" Marketplace can demonstrate that a message, whether in physical or electronic form, was sent to such a user.
b. immediately after the "BOOSTER" marketplace places such notification in the public part of the site, which is available for free.
12. Notification of claims for violations of intellectual property rights and copyrights in accordance with the law of the country.
12.1-the "BOOSTER" Marketplace responds to notices of alleged copyright infringement in accordance with the requirements of the copyright law
13. Legal dispute
13.1 - you and the BOOSTER marketplace agree that any claims or disputes under law or equity that arise or may arise between us in connection with this or previous versions of the BOOSTER marketplace user agreement, your use of or access to the site, services, or any products or services sold or purchased through the BOOSTER marketplace sites, services, applications, or tools will be resolved in accordance with the provisions set out in this section of legal disputes. Please read this section carefully. This affects your rights and will have a significant impact on how claims that you and the BOOSTER marketplace have against each other are resolved.
13.2-Applicable Law. You agree that the laws of the state of California, regardless of the principles of conflict of laws, will govern this User agreement and any claims or disputes that have arisen or may arise between you and the "BOOSTER" marketplace, unless otherwise specified in the user agreement.
13.3-agreement on negotiation and arbitration. In the event of any dispute, claim, question or disagreement arising out of or related to this Agreement, the parties to this Agreement shall make every effort to resolve the dispute, claim, question or disagreement. To this end, they consult and negotiate in good faith with each other and, recognizing their mutual interests, try to reach a fair and equitable solution that satisfies both parties. If they do not reach such a decision within 60 days, upon notification by one of the parties to the other party, all disputes, claims, questions or differences will be finally settled by arbitration administered by the American arbitration Association. You and the BOOSTER marketplace agree that any disputes or claims that have arisen or may arise between you and the BOOSTER marketplace related in any way to this or previous versions of the user agreement, your use of or access to the BOOSTER marketplace services, and any products or services sold, offered, or purchased through the BOOSTER marketplace services will be resolved exclusively through final and binding arbitration conducted by the American arbitration Association, and a decision on the decision of, the decision made by the arbitrator(s) may be made in any court having its jurisdiction.
13.4-in no case shall an arbitration award initiated in accordance with this clause exceed the greater of a) the amount of a specific disputed transaction, b) the amount of disputed fees not exceeding the total amount of fees paid by the user of the "BOOSTER" marketplace 12 months before the action giving rise to liability, or C) $ 100.
13.5-costs. Each party shall bear its own costs and expenses, as well as an equal share of arbitration and administrative fees.
13.6-confidentiality. Except as provided by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration proceeding under this agreement without the prior written consent of both parties.
13.7-prohibition of class and representative actions and non-Individualized assistance. YOU AND THE BOOSTER MARKETPLACE AGREE THAT EACH OF US MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS OTHERWISE AGREED BY YOU AND THE BOOSTER MARKETPLACE, THE ARBITRATOR MAY NOT COMBINE OR JOIN CLAIMS OF MORE THAN ONE PERSON OR PARTY, NOR MAY HE OR SHE OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION. IN ADDITION, THE ARBITRATOR MAY AWARD AN EXEMPTION FROM LIABILITY (INCLUDING MONETARY, JUDICIAL, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY REQUESTING AN EXEMPTION, AND ONLY TO THE EXTENT NECESSARY TO SECURE AN EXEMPTION BASED ON AN INDIVIDUAL CLAIM(CLAIMS) OF THIS PARTY. ANY RELIEF RECEIVED CANNOT AFFECT OTHER BOOSTER USERS.
13.8-consent to jurisdiction. If it is determined that the above arbitration agreement does not apply to you or to a specific claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and the BOOSTER marketplace must be resolved exclusively by a state or Federal court.
14. General information
14.1-this agreement, the privacy Policy of the BOOSTER marketplace and all policies posted on our sites constitute the entire agreement between the User and the BOOSTER marketplace regarding access to and use of the site, superseding any previous written or oral agreements regarding the same subject matter of this Agreement.
14.2-the BOOSTER Marketplace and the user are independent contractors, and no Agency, partnership, joint venture, employee–employer relationship, or franchisor–franchising relationship is intended or created by this Agreement.
14.3-the failure of the BOOSTER marketplace to exercise or enforce any right or provision of the terms of this Agreement does not constitute a waiver of such right or provision.
14.4-if any provision of this Agreement is found to be invalid or unenforceable, such provision will be deleted and will not affect the validity and applicability of the remaining provisions of this Agreement.
14.5-the user agrees that there should be no third party beneficiaries in this Agreement.
14.6-the headings are for reference purposes only and do not in any way define, limit, interpret or describe the scope or scope of such section.
15. PRIVACY, PERSONAL INFORMATION PROTECTION AND PERSONAL DATA PROCESSING POLICY
15.1. Detailed information about privacy and personal information protection is provided here.
15.2. Detailed information about the personal data processing policy is provided here.