Boss Champions

Terms Of Use Agreement

Last Updated: September 25, 2023

Welcome to getBOSSnow.com, the website and online and/or mobile service of Best Outsource Staff Solutions (“BOSS,” “we,” or “us”). This page explains the terms by which you may use our online services, and the website provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), whether or not you are a registered user of our Service. Users of our Service must also agree to our Acceptable Use Policy. BOSS reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

BOSS intends for its website and mobile app to be accessible to all those who are interested in its services and in conformance with the standards established by the World Wide Web Consortium and applicable law. If you have any problem accessing our website or mobile app, please let us know by emailing more@getbossnow.com

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 10.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 10.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 10.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

Best Outsource Staff Solutions LLC, a subsidiary of Titan Group Unlimited LLC, provides this service to you, subject to the following Terms of User Agreement (“TOU”) that may be updated by us from time to time without notice to you. In addition, you shall be subject to the operating rules/policies applicable to the membership plans on getBOSSnow.com which may be posted from time to time. Best Outsource Staff Solutions may also offer other services/plans on this website or different services on other platforms governed by different Terms of Service AS MAY BE APPLICABLE.

getBOSSnow.com (“BOSS”, “we”, or “us”) through this web site (the “Site”) provides information, recommendations, and Virtual Assistant services (the “Services”). The term ‘Remote’ to indicate anything that can be handled through the Internet, phone, email, or other digital means.

The terms, conditions, and guidelines associated with the use of the Services, the Site, and any content (collectively, the “Content”) available on the Site are set forth in this Terms of User Agreement (“TOU”). Please read this TOU carefully before you use the Services or the Site. By using the Services or the Site you (“you” or “your,” or “Client” or “User” as appropriate) agree to abide by the terms, conditions, and guidelines set forth in this TOU.

Except as is provided in the BOSS privacy policy, BOSS reserves the rights, at any time, to modify, alter, or update this TOU from time to time without prior notice. Such changes will be effective on the date that such modified TOU is posted on the Site, which is located at Terms of use. Use of the site or services after such changes have taken effect constitutes acceptance of all changes.

Please also note that if BOSS determines at any time that you have abused or violated any of these terms, conditions, and guidelines, BOSS reserves the right to terminate your access to the Site and Services immediately without notice.

By using the Website, you warrant that you have read and reviewed this TOU and that you agree to be bound by it. If you do not agree to be bound by this TOU, you may leave the Website immediately. BOSS only agrees to provide use of this Website and Services to you if you assent to this TOU.

By using this Website, you also warrant that you have read and reviewed the Terms and Conditions as applicable to the Monthly Membership Plans and agree to be bound by it. In the event of a custom quote for Business Services or Specialized Services, you agree to be bound by the terms and conditions of the specific contract for that service entered into between you and BOSS. You agree to provide your assent to such terms and conditions over and above and in addition to the TOU mentioned herein.

1. Our Service

1.1 Eligibility

This is a contract between you and BOSS. You must read and agree to these terms before using the BOSS Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with BOSS, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 (or under 16 in Europe) is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by BOSS.

Some requests may not be made via the Service by users under 18 or 21 years of age, as applicable. In certain instances, BOSS may require you to provide proof of identity to create your account, or to access or use the Service, and you acknowledge and agree that you may be denied access or use of the Service if you refuse to provide such proof.

The Services and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a services agreement with BOSS or one of its distributors. Without limiting the foregoing, the Services and the Site are not available to individuals under the age of eighteen (18). If you do not qualify, you may neither use the Services nor the Site.

1.2 Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. BOSS reserves all rights not expressly granted herein in the Service and the BOSS Content (as defined below). BOSS may terminate this license at any time for any reason or no reason.

1.3 User Name, Password, and Security

Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to BOSS with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. Your failure to maintain accurate, complete, and up-to-date account information may result in your inability to access and use the Service or our termination of this Agreement. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify BOSS immediately of any breach of security or unauthorized use of your User Account. BOSS will not be liable for any losses caused by any unauthorized use of your User Account.

By providing BOSS your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by emailing us at more@getbossnow.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password and for any use of our Services with your username and password. You agree not to share your username or password with anyone. You agree to immediately notify BOSS of any unauthorized use of your username and Password or any other breach of security related to the Site. BOSS will not be liable for any loss or damage arising from your failure to adequately safeguard your username and/or password or to otherwise comply with this section.

1.4 Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the BOSS servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that BOSS grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

1.5 Changes to the Service

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

1.6 Disputes with Other Users

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. BOSS shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. Our Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “BOSS Content”), and all intellectual property rights related thereto, are the exclusive property of BOSS and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any BOSS Content. Use of the BOSS Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BOSS under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, BOSS does not waive any rights to use similar or related ideas previously known to BOSS, or developed by its employees, or obtained from sources other than you.

3. Paid Services

3.1 Billing Policies.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. BOSS shall have no liability for your interactions with other Users, or for any User’s action or inaction.

3.2 No Refunds.

You may cancel your User Account, or any Requests, at any time; however, you are not entitled to any refunds for cancellation. BOSS provides refunds in its sole discretion.

3.3 Solicitation of Assistants.

Notwithstanding anything to the contrary, you agree that you shall not, directly or indirectly, for yourself or on behalf of another person or entity, without the express prior written consent of BOSS, solicit or otherwise induce, influence, or encourage to terminate its relationship with BOSS, or employ or engage as an independent contractor any Assistant; provided, however, that BOSS shall consent to such solicitation upon payment to BOSS by you of a fee of no less than Three Thousand U.S. Dollars ($3,000.00) per assistant, to be paid to BOSS within ten (10) days of the earlier of (i) notice to BOSS of such desire to solicit an Assistant or (ii) the actual hiring or engagement of such Assistant by you. This Section 3.3 shall survive any termination or expiration of this Agreement.

3.4 Free Trials.

We may offer free trials to a particular Service. We will automatically bill your payment method on the later of the day your free trial ends or the day you start your paid Service, and on each recurring billing date thereafter, subject to Section 3.5. You will not receive a notice that your free trial has ended and that payment for your paid Service is due. If you wish to avoid charges to your payment method, you must cancel your paid Service prior to midnight Pacific Time on the last day of your free trial period. If you cancel your paid Service during a free trial, cancellation may be effective immediately.

3.5 Automatic Renewal of Service Fees.

IF YOU SIGN UP FOR PAID SERVICE, THE CORRESPONDING FEES AT THE RATE AND FREQUENCY SET FORTH IN YOUR USER ACCOUNT AND/OR AS OTHERWISE SET FORTH BY US WILL AUTOMATICALLY RENEW ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL SUCH PAID SERVICE. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SETTINGS PAGE OR IN WRITING AND SENT TO MORE@GETBOSSNOW.COM AND WILL BE EFFECTIVE IN THE BILLING PERIOD FOLLOWING THE BILLING PERIOD YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR PAID SERVICE AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SERVICE FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

3.6 Payment Information; Taxes.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

3.7 California Residents.

The provider of the Service is Best Outsource Staff Solutions, LLC., 1001 Bishop St. #2685A, Honolulu, HI 96813. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

3.8 Links to Third-Party Sites

Some of the links on the Site may allow you to leave getBOSSnow.com website. Third-party sites to which the Site may link (“Third-Party Linked Sites”) are not in any way under BOSS’s control, and BOSS does not assume any responsibility or liability for any information, content, communications, services, goods, or other materials available on such third-party linked sites or for any changes or updates to such sites. BOSS does not intend links contained on the Site to be referrals to, or endorsements of, any Third-Party Linked Site or the entities that operate them, and such links are provided for convenience only.

4. Requests & Tasks

Each request (task) must be submitted by phone, email, chat, any other mutually accepted digital means or through BOSS’s dashboard access. Please send your requests individually; this means that each communication you have with your assistant should contain only one, defined, task. You’re more than welcome to submit multiple tasks at one time, but we ask that you send a separate email for each. This ensures the fastest possible turnaround for each task.

5. Prohibited Uses

As a user of the Services or the Site, you agree to use the Services and the Site only for lawful purposes. Use of the Services or the Site for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site to:

  • Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization.
  • Harass others by “mail-bombing” or “news-bombing”, using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or threaten, harass, defame, embarrass, or distress any person or group.
  • Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent, reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services, not to violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user, or network.
  • Use “auto-responders,” “cancel-bots,” or other similar mechanisms that generate excessive network traffic.
  • Post or send any unlawful, harmful, defamatory, slanderous, pornographic, obscene, vulgar, or similarly tortious or otherwise objectionable material.
  • Post, send, or relay any any unsolicited advertising 
  • Post or send any chain letters or pyramid schemes 
  • Post or send any fraudulent or misleading offers of products, items, loans, or other services 
  • Post any misleading, inaccurate or fraudulent information 
  • Post any junk e-mails 
  • Post any duplicative or unsolicited messages 
  • Harvest or otherwise collect information about others, including e-mail addresses, without their specific consent 
  • Create a false identity or forged e-mail address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message 
  • Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means.

6. Use of Client Information, Documents, Property, and Materials

You may provide BOSS with information and access to content, images, and licensed software and equipment to enable us to provide services. BOSS warrants that all your information, documents, property, and materials will be used exclusively in connection with the performance of the Services under this TOU and not for any other purpose. It is the Client’s responsibility to inform BOSS if any information shared needs to be treated as confidential and how to handle such information. You must ensure that the information or any property or materials provided by you does not violate any applicable laws or infringement of intellectual property rights.

If you recommend your BOSS assistant to use any content or images from paid/copyright sources, you are responsible for purchasing such content/images before the BOSS assistant uses them to provide the required service. You must ensure that all appropriate permissions/licenses/consent to use such content or images have been obtained and there are no violations of copyright laws.

If you recommend us to use any licensed software to provide services, you must ensure that you hold the valid license for it and that our use of the software is within the scope of the licensing terms and conditions.

7. Service Warranty

BOSS is responsible for the quality of the work it delivers and commits to making all reasonable efforts to deliver quality deliverables, on a ‘best-effort’ basis only, unless the inability to deliver as agreed is attributable to reasons beyond BOSS’s control. All information provided is based on freely available online information and there is no warranty on any of the information, tasks, or projects delivered to the Client.

8. Ownership of Intellectual Property

BOSS acknowledges that all documents, work product, and other materials that are delivered to Clients under this TOU (“deliverables”) shall be deemed as “works-made-for-hire” and the authorship shall belong exclusively to the Client. Except as provided otherwise in this TOU, each party retains sole and exclusive ownership of all data, documents, results, ideas, discoveries, know-how, methodologies, inventions, reports, and works of authorship, whether or not patentable or subject to copyright, which may be made, written, conceived or reduced to practice by them or any third-party, and any derivative works of such intellectual property created after the effective date; provided that such derivative work (a) does not arise from the confidential information of the other party; and/or (b) is not created specifically for the other party.

BOSS is, and shall remain, the sole and exclusive owner of all right, title, and interest in and to all documents, data, know-how, methodologies, software, and other materials, including computer programs, reports, and specifications, provided by or used by BOSS in connection with performing the Services, in each case where it was developed or acquired by BOSS prior to the commencement or independently of this Agreement (collectively, the “Pre-Existing Materials”), including all Intellectual Property Rights therein. Any pre-existing confidential information belonging to BOSS, included in any deliverable, shall remain the exclusive property of BOSS. To the extent that BOSS incorporates any of its own information into the deliverables, BOSS hereby grants to Client, royalty-free, non-exclusive, non-transferable license to make, use, sell, copy, distribute, display, perform, transmit, such BOSS information in connection with the deliverables, unless informed otherwise.

9. Proprietary Rights

Software: You acknowledge and agree that the Service and any software used in connection with the Service (“Software”) contain proprietary rights and confidential information that is protected by applicable intellectual property and other associated laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the web interface or via email/telephone/chat or other mutually acceptable digital means that may be provided by BOSS for use in accessing the Service.

Termination

10. Termination without cause:

  1. a) Monthly Subscription plan: Under these plans, the user may terminate the plan without cause with a prior 30 days notice via e-mail. b) Adhoc Plans: Under these plans, the termination is effective immediately on the date of completion of the project or as per the duration of the plan where it is task-based. Termination with cause:
  2. a) The user may terminate the plan in the event BOSS fails to perform any task as may be required to be performed to the quality standards as may be reasonably acceptable and such failure is not fixed within 30 days from the date of intimation to BOSS by the user. b) BOSS may at its sole discretion terminate the services and access to this site at any point in time without prior notice if the user violates the terms and obligations under this TOU or c) BOSS reserves the right to terminate the engagement with immediate effect if the user is offensive or uses abusive language with his/her Virtual assistant or with any member of the virtual service team that attends to the task of the user. Event of Termination: In the event of termination, General Disclaimer, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws, and General Terms Sections set forth in this TOU shall still survive.

11. Payment terms:

The payment of monthly subscription charges for the first month after signup should be made within the same month of providing the services and thereafter in advance before the 5th of every month on a continuing basis until termination. The subscription amount is always collected in advance for the month.

Wherein the user opts for a monthly subscription plan, the Terms and Conditions associated with the respective plans shall apply in addition to this TOU. Wherein the user opts for a custom or adhoc project plan or a tailored business support plan based on a quote, then the terms and conditions of such a proposal shall prevail in addition to this TOU.

In the event if the user decides to opt out of the service within 7 days of the start date (an Assistant being assigned) for any reason whatsoever, pro-rata charges shall apply based on usage or the number of days lapsed whichever is higher and the balance shall be refunded as per the Refund Policy.

No waiver of notice period or refunds shall be allowed in case you decide to opt out of the service post the 7-day look-up period from the start date.

Credit Card: BOSS has kept in place reasonable technical, administrative, and organizational processes and procedures to protect Client credit card information. However, it is your responsibility to ensure that the Credit card details are shared securely with BOSS. This means that you have to upload/update the credit card details only through your BOSS dashboard secure access assigned on the BOSS website and not via email or phone or any other digital means.

12. Non-solicitation Provision

You acknowledge that BOSS invests substantially in recruiting, training, and development of its employees, consultants, and independent contractors and that BOSS has a legitimate interest in earning a reasonable return on those investments.

You also acknowledge that BOSS has agreements with BOSS assistants that protect this interest by requiring that BOSS assistants obtain BOSS’s prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with any BOSS client to whom they were assigned in the past or present.

To the fullest extent permitted under applicable law, you agree that during your membership and for a period of twelve (12) months immediately following the termination of your relationship with BOSS for any reason, whether voluntary or involuntary, with or without cause, you shall not directly or indirectly solicit for employment or engagement any BOSS assistant who is assigned to you at that time or who was assigned to you within the six months preceding termination of your relationship with BOSS to leave his or her employment with BOSS and to work for you in any engagement directly or indirectly.

Should any solicitation by you become a substantial factor resulting in a BOSS assistant leaving BOSS and accepting an engagement with you directly or indirectly without BOSS’s consent, you agree to pay BOSS liquidated damages reasonably calculated to compensate BOSS for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year salary of the BOSS assistant prior to the solicitation. Payment of the foregoing fee will not preclude BOSS from seeking any other remedies against the Client, whether under this Agreement, at law, or in equity.

13. Sub-contracting

BOSS shall be entitled to perform any of the obligations undertaken by it through its employee, associates, consultants, or through suitably qualified and skilled sub-contractors/vendors. Any act or omission of such other associates or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of BOSS.

14. Data Rights and Protection

In our mission to ethically and lawfully serve our Clients, BOSS has the following policies in place to adhere to international and domestic laws:

(i) Obtaining Consent: Our terms of use are designed to be as understandable and straightforward as possible. Our valued Clients have the ability to give and rescind consent at any time. 

(ii) Timely Breach Notification: In the event of a data breach, BOSS will notify our associated data controllers and Clients within 72 hours. The notification will outline the nature of the breach, the impact, and the actions taken to remedy the situation. 

(iii) Right to Be Forgotten: If a Client discontinues their relationship with BOSS, the Client can request that his or her personal data be wholly erased from our records. Client Responsibilities and Obligations

(i) Restricted services: BOSS assistants are not permitted to support any illegal, unethical, uncomfortable, or immoral activity. Hence, Clients should not request assistance with such tasks. 

(ii) Assistants’ Supervision: BOSS will assign an assistant to the Client based on a skill set match with the services required by the Client. The assigned BOSS assistant acts under the direction of the Client. 

(iii) Credentials: While BOSS has put in place reasonable technical, administrative, and organizational processes and procedures to protect Client data, it is the Client’s responsibility to ensure the security of the credentials shared with the BOSS assistant to perform tasks. This may include implementing controls such as user role-based access, restrictions, limiting information view, and access duration. 

(iv) Breach of legislation/guidelines: BOSS provides services to the Client as per the instructions received, and it is the responsibility of the Client to collect necessary consent from individuals whose information is disclosed to BOSS. Under no circumstances shall BOSS be liable for any breach arising due to the failure of obtaining consents from such other individuals, including third parties, as per the guidelines set in applicable legislation like GDPR, CCPA, or any other applicable laws. 

15. Independent Contractor

BOSS is and will remain as an independent contractor in its relationship with the Client. Nothing in this TOU is intended to, or should be construed to create a partnership, agency, joint venture, or employment relationship between BOSS and the Client.

16. Force Majeure

BOSS shall not be held liable or considered to have defaulted under or breached this TOU for any failure or delay in fulfilling any obligation under this TOU when caused by circumstances beyond its reasonable control and without the fault or negligence of BOSS. These circumstances, referred to as “Force Majeure events,” may include, but are not limited to, acts of God, floods, fires, earthquakes, wars, acts of terrorism, explosions, strikes, breakdowns in telecommunications, power outages or shortages, actions by governmental authorities such as changes in laws, regulations, orders or requirements, severe weather conditions, civil disorders, natural disasters, fires, pandemics and quarantines, and general strikes in Philippines, UK, South America, Nigeria, Dubai, Columbia, United States of America..

17. Indemnity

You agree to indemnify, defend at your own expense, and hold harmless BOSS, its telecommunications providers, service providers, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from or relating to:

(i) Your use of the Services and/or the Site, including any data or content transmitted or received by you,

(ii) Any content you post, e-mail, transmit, or relay to BOSS or through the use of the Services or the Site, 

(iii) Any negligence or willful misconduct by you, your employees, associates, or representatives, 

(iv) Any online accounts and profiles created as per your instructions on various online web portals/websites or mobile applications, 

(v) Use of your login credentials to access the portals/websites/apps referred by you for your business/personal purposes. The data available on the referred websites will be used by BOSS as per your instructions, 

(vi) Use of your login credentials to access the portals/websites/apps referred by you for your business/personal purposes. The data available on the referred websites will be used by BOSS as per your instructions, 

(vii) Your violation of the TOU, our violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;

(viii) Your alleged infringement of any intellectual property, copyright, trade secrets, moral rights, or other proprietary rights of any person or entity.

(ix) Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;

(x) your violation of any applicable law, rule or regulation; 

(xi) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; 

(xii) your willful misconduct; or 

(xiii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

18. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOSS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BOSS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY REQUESTS WILL BE MET SATISFACTORILY OR AT ALL; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

BOSS DOES NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF ANY ASSISTANT, NOR THAT ANY SUCH ASSISTANT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

FURTHER, BOSS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BOSS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOSS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL BOSS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOSS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF REQUESTS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY ASSISTANT. IN NO EVENT SHALL BOSS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BOSS HEREUNDER OR $100.00, WHICHEVER IS GREATER. 

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

WITHOUT LIMITING THE FOREGOING, BOSS DOES NOT WARRANT OR GUARANTEE THAT ASSISTANTS ARE TRAINED WITH ANY SPECIFIC SKILLS. YOU ACKNOWLEDGE AND AGREE THAT MANAGEMENT OF ASSISTANTS IN PERFORMANCE OF REQUESTS IS YOUR SOLE RESPONSIBILITY OF THE USER, AND BOSS IS NOT LIABLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATING TO, ANY AND ALL ACTS OR OMISSIONS OF ASSISTANTS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

In the event of a breach of this TOU by BOSS, BOSS’s aggregate and cumulative liability for damages for all causes related to this TOU shall not exceed the amount of fees received from the Client for the service in the applicable service request in the three-month period preceding the event giving rise to the claim.

20. Governing Law, Arbitration, And Class Action/Jury Trial Waiver

20.1 Governing Law. You agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 10.2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Holiday, Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Pasco County, Flordia is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

20.2 Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BOSS. This Section 10.2(the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and BOSS that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with BOSS, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.

If you are a new BOSS user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing BOSS at more@getbossnow.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at more@getbossnow.com and attempt to resolve the dispute with us informally. In the unlikely event that BOSS has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. JAMS may be contacted atwww.jamsadr.com, where the Rules are also available. The arbitration will be conducted in Pasco County Flordia, unless you and BOSS agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and BOSS agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this Section shall be deemed as: preventing BOSS from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

20.1 Governing Law. You agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 10.2 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Holiday, Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Pasco County, Flordia is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

20.2 Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BOSS. This Section 10.2(the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and BOSS that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with BOSS, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.

If you are a new BOSS user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing BOSS at more@getbossnow.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at more@getbossnow.com and attempt to resolve the dispute with us informally. In the unlikely event that BOSS has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. JAMS may be contacted atwww.jamsadr.com, where the Rules are also available. The arbitration will be conducted in Pasco County Flordia, unless you and BOSS agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and BOSS agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this Section shall be deemed as: preventing BOSS from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

20.3 Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND BOSS AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER BOSS USERS. YOU AND BOSS FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BOSS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

21. Further Documentation

If additional TOU, Service/Task requests, or SLAs are needed to enforce the intent of this document, both parties agree to execute such provisions as and when the need arises.

22. Dispute Resolution

Any disputes arising out of or related to the TOU should first be addressed through discussion and negotiation between the user and a senior management member at BOSS. If the parties cannot reach a resolution within thirty (30) days, the dispute shall be referred to Arbitration. Each party will bear their own costs related to the arbitration. There shall be one arbitrator. The place of arbitration shall be Florida, US, and the proceedings shall be conducted in English. The arbitration award will be binding on both parties.

23. Governing Laws and Jurisdiction

This TOU and any disputes arising out of it shall be governed by and interpreted according to the laws of United States of America, without regard to conflict of law principles. The parties agree to submit to the exclusive jurisdiction of the courts in Florida, US, for any disputes arising out of this TOU.

This Agreement is personal to the user and is non-transferable. You may not assign your rights or obligations to any third party.

24. General Terms

If any provision of the TOU is found to be contrary to law, that provision shall be interpreted in a manner that reflects the parties’ intentions as closely as possible, with all other provisions remaining in full force and effect. A failure by BOSS to exercise or enforce any right or provision of the TOU does not constitute a waiver of that right or provision. The TOU represents the entire agreement between the parties concerning the subject matter and supersedes all prior understandings or agreements, whether oral or written. Any waiver of any provision of the TOU must be explicitly made in writing and signed by BOSS.

25. Acknowledgment

By using our Service, you consent to the collection, use and storage of your information by us in the manner described in this Privacy Policy. We reserve the right to make changes to this Privacy Policy from time to time. If this Privacy Policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

Your Comments Are Appreciated

26. Acknowledgment

This document is an electronic record under the Information Technology Act, 2000 and the amended provisions related to electronic records in various statutes as amended by the Information Technology Act, 2000. This document does not require any physical or digital signatures. By accepting this TOU digitally, you agree to the terms and conditions outlined in this TOU and provide your assent to it.

27. Notice

All notices must be in writing and can be made through e-mail, fax, or U.S. mail. Notices are considered to be given 24 hours after an e-mail is sent (provided it is not returned to the sender), or 3 days after being deposited in U.S. mail. Notices to you will be sent to the address provided during registration, while notices to BOSS must be sent to the address specified below (please insert the appropriate address for BOSS).

The Titan Group Unlimited LLC,

1001 Bishop St. #2685A

Honolulu, HI 96813

more@getbossnow.com

info@nettiworld.com

Attn.: Chief Operating Officer

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