Welcome to bosstalks.com, which is owned and operated by HIGHER MASTERY VENTURES LLC, a Wyoming limited liability company, (referred to as “BOSS TALKS,” “the Organization,” “We,” or “Us”) of Sherman Oaks, California in the United States of America.
The following terms and conditions (“Terms of Use” or “Terms”), govern your access or use of any online service location (e.g., bosstalks.com and all related digital properties) that posts a link to these Terms (“Sites” and “Apps”). It also applies to your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through a website or application, any subscription services we offer, and/or that post or link to these Terms (collectively, with the Sites and Apps, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise.
THESE TERMS GOVERN YOUR ACCESS AND USE OF THE SERVICE WHETHER AS A VISITOR, GUEST, SUBSCRIBER, OR A REGISTERED USER WITH A PROFILE OR ACCOUNT.
ACCEPTANCE OF THE TERMS OF USE
By using the Service, you accept these Terms of Use and the terms and conditions of our Privacy Policy.
Please read the Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service
CHILDREN’S PRIVACY AND USE OF OUR SERVICE
Our Service is not intended for nor targeted toward children under the age of thirteen (13). We do not knowingly collect personal information as defined by the United States Children’s Online Privacy Protection Act (“COPPA”) from children under the age of thirteen (13), and if we learn that we have collected such information, we will delete the information in accordance with COPPA. If you are a child under the age of thirteen (13), you are not permitted to use the Service and should not send any information about yourself to us through the Service. If you are a parent or guardian and believe we have collected information in a manner not permitted by COPPA, please contact us via email at hello@bosstalks.com
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting BOSS TALKS using the below information:
BOSS TALKS
Attention: Compliance Officer
14622 Ventura Boulevard
Suite 2022
Sherman Oaks, California 91403
(310) 594-8700
hello@bosstalks.com
When you contact us detailing where the content or information is posted and attesting that you posted it. BOSS TALKS will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that BOSS TALKS does not control.
The Service is offered and available to users who are 13 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with BOSS TALKS and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Service.
CHANGES TO THE TERMS OF USE
BOSS TALKS may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Service, which may also be always found by visiting bosstalks.org/terms.
Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESS AND SECURITY
BOSS TALKS reserves the right to withdraw or amend this Service, and any service or material we provide through the Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users with a profile.
You are responsible for:
- Making all arrangements necessary for you to have access to the Service.
- Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.
- To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to the use of any interactive or social features of the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
- If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your profile and account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
BOSS TALKS reserves the right to access individual users’ accounts or profiles for technical and administrative purposes and for security reasons. The information obtained in such a manner will not be processed or made available to third parties unless required by law.
BOSS TALKS also reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
ACCOUNT INFORMATION
By setting up or registering with the Service, you agree to receive notices and information about your account and related updates electronically. You must have the ability to receive and retain electronic communications before you accept these Terms of Use and in order to create a BOSS TALKS subscription account. Electronic communication will be the primary or sole form of communication to notify you about account updates, sessions, privacy changes, and information about your BOSS TALKS Service. if you are a user or subscriber to the Service, you must enter a valid and active email address at the time of registration in order to receive the aforementioned notifications about your account. Failure to do so as well as any consequences that arise because of not maintaining a valid or active email address with your BOSS TALKS account will be your sole responsibility. We reserve the right to provide information about your account or our service by non-electronic means, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BOSS TALKS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:
You may store files that are automatically cached by your browser for display enhancement purposes. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Service.
- Use any illustrations, photographs, video or audio sequences or any graphics without prior written permission from BOSS TALKS.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service
- You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
If you wish to make any use of material on the Service other than that set out in this section, please address your request to hello@bosstalks.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service breach of the Terms of Use, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Organization. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
SUBSCRIPTION SERVICES
Access to certain services and benefits provided through the Service is limited to authorized subscribers only. Subscriptions are available by paid monthly or annual subscription plan or package (“Subscription Services”).
PAYMENT FOR SUBSCRIPTION SERVICES
All payments made to the Organization to access paid Subscription Services must be made from a payment source on which you are the named Account holder. We currently only accept payments made by a major credit or debit card (i.e., VISA, MasterCard, DISCOVER or American Express).
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Subscription Services. Any attempt to defraud the Service using credit cards or other methods of payment will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account and profile. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
The Organization may use third party electronic payment processors and/or financial institutions (collectively, “ESPs”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that Organization may share your personal information, including information about your financial accounts, with such ESPs for this purpose and give such instructions on your behalf in accordance with your requests as submitted on the Service. You agree to be bound by the terms and conditions of use of each applicable ESP and in the event of a conflict between these Terms and the ESP’s terms and conditions, then these Terms shall prevail.
To provide continuous service, the Organization automatically renews all paid subscriptions, as it relates to any paid subscription services offered by the Service. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew monthly and a 1-year subscription will renew on an annual basis). By making a purchase through the Service, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically or if you wish to terminate automatic renewal at any time, please contact us at hello@bosstalks.com.
Please note that any access to the Subscription Services may be interrupted because of a canceled or expired credit/debit card or due to revocation of your billing authorization, which the Organization has no control over. It is your responsibility to maintain updated payment methods to continue accessing the Service and the Subscription Services.
When you make a purchase via the Service or sign-up for any paid subscription access, you will receive an email receipt. For paid subscriptions, you may cancel at any time before your subscription renews at the next billing. Upon cancellation, you will not be charged further starting from the date of cancellation. All cancellations and requests for refunds must be made by emailing hello@bosstalks.com.
TRADEMARKS
BOSS TALKS and all related names, logos, product and service names, designs and slogans are trademarks of the Organization or its affiliates or licensors. You must not use such marks without the prior written permission of the Organization. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
PROHIBITED AND UNLAWFUL USE OF THE SERVICE
You may use the Service only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Service:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. or attempt to impersonate the Organization, or Organization employee; any educational institution, school, or official of an educational institution or school; another user or any other person or entity (including, without limitation, by using e-mail addresses or profile names associated with any of the foregoing).
- To impersonate or attempt to impersonate the Organization, a Organization employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or profile names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Organization or users of the Service or expose them to liability.
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
- Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service. This includes the prohibited use of any automated scripts to unlock profiles, scrape the Service, or to access any subscription-based content.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with proper functionality of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with Service functionality.
If you observe any user of the Service to be in violation of any of these prohibited uses, please let us know by clicking here.
USER CONTENT
Parts of our Service may permit you to submit reviews, newsfeeds, articles, ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, or other content, including Personal Information for public availability (collectively, “User Content”). Any User Content you post or otherwise share within the Service, including but not limited to content you add to your profile or other user profiles or in one-on-one messages with other users or persons, will be considered non-confidential and non-proprietary. By providing any User Content on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right, including the right to sublicense to third parties, to use, reproduce, fix, adapt, modify, translate, reformat, create derivatives works from, publish, sell, license, sublicense, transfer, rent, lease, transmit, publicly perform, publicly display, distribute, or provide access to electronically broadcast, display, perform, enter into computer memory; and the right to use and practice such User Content online or offline in any media format (currently existing or hereinafter developed) as well as modified and derivative works thereof for any purpose, and may or may not attribute it to you.
Please keep in mind that if you share User Content, others can access and share it with third parties. BOSS TALKS is not responsible for the privacy, security, accuracy, use, or misuse of any User Content that you disclose or receive from third parties via our Service.
All User Content must comply with the Content Standards set out in these Terms of Use.
In sharing or posting any User Content, you represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All your User Content does and will comply with these Terms of Use.
- You understand and acknowledge that you bear full responsibility for any User Content you submit or contribute, and you, not the Organization, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Service.
MONITORING, ENFORCEMENT & TERMINATION
BOSS TALKS has the right to take any of these actions at its sole discretion and with or without notice to you or any other user or party:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Organization.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
- Terminate or suspend your access to all or part of the Service for any or no reason, with or without notice, including without limitation, any violation of these Terms of Use. You agree that BOSS TALKS shall not be liable to you or any third party for any such suspension or termination.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.
YOU WAIVE AND HOLD HARMLESS THE ORGANIZATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ORGANIZATION ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE ORGANIZATION/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You understand and acknowledge that BOSS TALKS does not review all material, including but not limited to User Content or content provided by third parties, before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. BOSS TALKS shall assume no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
BOSS TALKS CONTENT STANDARDS
These content standards apply to any and all User Content and use of all Interactive Services including, but not limited to, social media features of the Service. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, gender identity, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering, advertising, or promotion of any commercial product/service.
- Solicit donations, funds, contributions, or monies.
- Give the impression that they emanate from or are endorsed by BOSS TALKS, without the express written permission of the Organization or any other person or entity, if this is not the case.
- Share any information or content that includes any personally identifiable information (“PII”) including, but not limited, driver’s license numbers, social security numbers, passport numbers, bank account information, credit/debit card information, security codes, password/passcodes, addresses, telephone numbers, education records, personal health record, credit reporting, financial documents of any kind, and/or any other information that would be reasonably construed as personal or private – whether you are entitled to share the information or not.
If you believe any user of the Service to be in violation of our Content Standards, please let us know immediately by writing hello@bosstalks.com.
USER CONTENT AND COPYRIGHT INFRINGEMENT
If you believe that any User Content violates your copyright, please contact us immediately by email at hello@bosstalks.com or by mail at this address:
BOSS TALKS
Attention: Compliance Officer
14622 Ventura Boulevard
Suite 2022
Sherman Oaks, California 91403
(310) 594-8700
hello@bosstalks.com
It is the policy of the Organization to terminate the user accounts and profiles of repeat infringers.
RELIANCE ON INFORMATION PRESENTED ON THE SERVICE
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Organization. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
REASONABLE USE OF BOSS TALKS
Our Services are designed to provide a single paid subscriber with the ability to network with other subscribers and access informative content. Each individual user must have their own subscription. Subscriptions can never be shared with others, including but not limited to, other family members, friends, etc. Further, any transfer of a subscription from one individual user to another individual is not allowed unless prior authorization has been received in writing from BOSS TALKS. Any such transfer shall be granted at BOSS TALKS’ sole discretion.
It is also understood that BOSS TALKS has the sole discretion to suspend or discontinue services to any subscriber at any time, with or without notice, in the event BOSS TALKS determines the subscriber is using the Service excessively or in an unreasonable manner and/or impacting the ability of other users from accessing the Services.
VIDEO RECORDING OF COACHING & MENTORING SESSIONS
For safety and quality assurance purposes as well as a value-added service, BOSS TALKS records certain educational presentations, interviews, and other content presented on the Service. As a condition of using the Service, you consent to such recording. You also consent to BOSS TALKS using such recordings for future training, quality control, and product enhancement purposes.
CHANGES TO THE SERVICE & CONTENT
We may update the content and features on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material. BOSS TALKS also has the right, at its sole discretion, to adjust its pricing and features of any of its services at any time with or without notice.
INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICE
All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy which you can view here.
PREMIUM SERVICE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through our Service or other transactions associated with the BOSS TALKS PRIME, unlimitedtutoring.com, and other related products and services available through the Service are governed by these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
REFUND & CANCELLATION POLICY
All BOSS TALKS paid service packages and subscriptions will be billed in advance on a monthly or annual basis, based on the plan or package a subscriber selects. All subscription fees whether monthly or annual are non-refundable and no refunds will be issued. We do not offer prorated refunds for cancelled subscription plans. There will be no refunds or credits for partial months or partial years of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions can be made.
All subscriptions are recurring and will automatically renew unless cancelled prior to the date the renewal date of each paid monthly or annual subscription.
LINKING TO THE SERVICE AND SOCIAL MEDIA FUNCTIONALITY
You may link to our Service or any applicable component thereof (e.g. BOSS TALKS.org or unlimitedtutoring.com), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Service may provide certain social media features that enable you to:
- Link from your own or certain third-party Services to certain content on this Service.
- Send e-mails or other communications with certain content, or links to certain content, on this Service.
- Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party websites or services.
- You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any Service that is not owned by you.
- Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or digital platform. Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Use.
- The Service from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
BOSS TALKS may disable all or any social media features and any links at any time without notice in its sole discretion.
LINKS FROM OUR SERVICE TO THIRD PARTY WEBSITES AND SERVICES
If the Service contains links to other sites and resources provided by third parties such as websites, landing pages, applications, etc., these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites or services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.
GEOGRAPHIC RESTRICTIONS & INTERNATIONAL USE
BOSS TALKS servers and operations are based in the United States of America. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF ANY AND ALL WARRANTIES
You understand that we cannot and do not guarantee or warrant that files, content, applications, etc. available for downloading from the internet or the Service will be free of viruses or other destructive code. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ORGANIZATION NOR ANY PERSON ASSOCIATED WITH THE ORGANIZATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE Organization NOR ANYONE ASSOCIATED WITH THE ORGANIZATION REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BOSS TALKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AS IT RELATES TO ANY PORTION OF THE SERVICE.
BOSS TALKS MAKES NO REPRESENTATIONS OR WARRANTIES AS IT RELATES TO EFFECTIVENESS AND/OR RESULTS YOU WILL EXPERIENCE THROUGH YOUR USE OF THE SERVICE.
BOSS TALKS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, FITNESS, VIABILITY, REPUTATION, SAFETY, EFFECTIVENESS, AND OR QUALITY OF ANY OF THE EDUCATIONAL INSTITUTIONS, ACADEMIC PROGRAMS, AND/OR OTHER PROGRAMS YOU ARE INFORMED ABOUT AND/OR INTRODUCED TO BY ANY PART OF THE SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BOSS TALKS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, CONSULTANTS, AND THEIR OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR BOSS TALKS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, MOBILE DEVICES, MOBILE APPLICATIONS, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT, THIRD-PARTY OR OTHERWISE, OR ANY OTHER EVENTS WHATSOEVER. WITHOUT LIMITING THE FOREGOING, BOSS TALKS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICE, PRODUCTS OR WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BOSS TALKS DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless BOSS TALKS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, consultants contractors, agents, licensors, suppliers, successors and assignors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.
DISPUTE RESOLUTION AND GOVERNING LAW
- Binding Arbitration. Any claims and disputes arising under or relating to your use of the Service, Privacy Policy, and these Terms of Use (except as otherwise provided in PERSONAL INFORMATION TRANSFERRED FROM THE EU AND SWITZERLAND TO THE U.S section of our Privacy Policy) are to be settled by binding arbitration, exclusively to take place in Los Angeles County, California, U.S.A.. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Any arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
- Federal Arbitration Act. You and BOSS TALKS agree that these terms of use evidence a transaction involving interstate commerce. notwithstanding the provision in the terms of use below with respect to applicable substantive governing law, any arbitration conducted relating to any claims and disputes arising under or relating to your use of the service, privacy policy, and these Terms of Use shall be exclusively governed by the Federal Arbitration Act (9 U.S.C. SECS. 1-16).
- Class Action Waiver. You and BOSS TALKS agree that any arbitration shall be limited to the claims and disputes between BOSS TALKS and you individually. TO THE FULL EXTENT PERMITTED BY LAW: (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND C) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS OR DISPUTES TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER MEANS.
- Governing Law. BOSS TALKS is a service of HIGHER MASTERY VENTURES, LLC., a Wyoming limited liability company. As such, the laws of the State of Wyoming, U.S.A. shall exclusively govern these legal notices and any dispute arising, directly or indirectly, from Your use of this site or the BOSS TALKS digital platform, without regard to conflicts of law principles. By using the Service, you and BOSS TALKS agree that the laws of the State of Wyoming, U.S.A. shall exclusively govern any claims and disputes between you and BOSS TALKS; including but not limited to any claims or disputes that arise as it relates to our Privacy Policy.
- Consent to Jurisdiction & Venue. Any challenges to the enforceability of binding arbitration, or should arbitration be deemed unenforceable by a final, non-appealable decision by a court of competent jurisdiction, such challenges, claims or disputes shall be exclusively instituted and adjudicated in the United States District Court for the Central District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California sitting in Los Angeles County only; and any appellate court from any thereof. You and BOSS TALKS irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to bring any such action, litigation, or proceeding exclusively in the United States District Court for the Central District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California sitting in Los Angeles County only. You and BOSS TALKS agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Notwithstanding the above, BOSS TALKS retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERIBILITY
No waiver of by the Organization of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and BOSS TALKS with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.
FOR ADDITIONAL INFORMATION
This Service is operated by the BOSS TALKS, a division of HIGHER MASTERY VENTURES, LLC., Wyoming limited liability company. All notices of copyright infringement claims and all other feedback, comments, requests for technical support and other communications relating to the Service should be directed to hello@bosstalks.com.
Thank you for using our Service.
