Closing Boost Terms of Service

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER closingboost.com. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.




The use of www.ClosingBoost.com (hereafter “Website”), which is owned and maintained by Leadseen Inc (“Closing Boost,” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.




THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND Closing Boost. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY Closing Boost, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.




THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.




Closing Boost reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://www.ClosingBoost.com/terms-or-service. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.




Table of Contents




1. Website Use


2. Website User Conduct and Restrictions-License Terms


3. Our Privacy Statement and Your Personal Information


4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts

5. Client Responsibilities


6. Order Placement and Acceptance


7. Refunds for Hard Goods


8. TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

9. SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

10. Account Suspension and Termination


11. Shipping Fees


12. Products, Services, and Prices Available on the Website


13. DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY


14. Your Responsibilities in Running Your Business


15. Optional Order “Round Ups” for Charitable Donations and Potential Tax Implications


16. Commission Program and Independent Closing Boost Affiliate Program


17. Testimonials, Reviews, and Pictures/Videos


18. COMPLIANCE WITH THE LAW, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS


19. DISCLAIMERS OF OTHER WARRANTIES


20. LIMITATIONS OF LIABILITIES


21. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER


22. Closing Boost’s Additional Remedies


23. Indemnification


24. Notice and Takedown Procedures; Copyright Agent


25. Third-Party Links


26. Termination


27. No Waiver


28. Governing Law and Venue


29. Force Majeure


30. Assignment


31. Electronic Signature


32. Changes to the Agreement


33. Your Additional Representations and Warranties


34. Severability


35. Entire Agreement


36. Contacting Us




SECTION 1 – WEBSITE USE




The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.




SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS


All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Closing Boost trademark and logo are proprietary marks of Closing Boost, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Closing Boost.




Subject to your continued strict compliance with all Terms, Closing Boost provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.


If you purchase a subscription to Closing Boost software over the Website, Closing Boost provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Closing Boost; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Closing Boost; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.




You agree not to use or attempt to use the Website or any software provided by Closing Boost, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Closing Boost. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:




A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Closing Boost’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Closing Boost or any third party;




B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Closing Boost’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.




C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.




D. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Closing Boost, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.




E. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including without limitation multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, see www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing), promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.




In addition to the foregoing, Closing Boost requires you to follow these best practices when sending electronic communications:




• Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).


• Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).


• Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.


• Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications, and include a link to such privacy policy in your electronic communications.


• Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.


• Include in each electronic communication your valid physical mailing address or a link to that information.


• Do not send electronic communications to addresses obtained from purchased or rented lists.


• Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.


• Do not routinely send electronic communications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).


• Do not engage in spamming.


• Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.


• Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.


• Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.


• Do not send to lists of addresses that are programmatically generated or scraped from the Internet.


• Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.


• Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, see www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing), direct to consumer pharmaceutical sales, and payday loans.




You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Closing Boost or otherwise.




SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION




We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed at https://leadseen.com/privacy-policy. Closing Boost reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.




SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS


As a Closing Boost user, you will be required to create an account with Closing Boost. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Closing Boost user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Closing Boost under your user account. You agree to immediately notify Closing Boost of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Closing Boost is not liable, and you will hold Closing Boost harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.



SECTION 5 - Client Responsibilities

You are responsible for maintaining a sufficient account balance to avoid interruptions in service. It is your obligation to ensure that valid payment methods are provided and kept up to date to cover all associated costs.

You agree not to use the platform for sending unsolicited communications, including cold texting or emailing, to individuals or entities who have not provided explicit consent to receive such messages. All communications conducted through the platform must comply with applicable laws, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

You are solely responsible for ensuring compliance with all applicable laws, regulations, and industry standards related to your use of the platform, including:

Using only opted-in lists for text messaging and email campaigns.

Checking your contact lists against the National Do Not Call Registry (DNC) and applicable state or local DNC lists prior to sending communications.

Maintaining records of consent from all recipients of communications sent through the platform.Ensuring that all text messaging or emailing campaigns comply with TCPA, CAN-SPAM, and similar laws.

Even if we assist in implementing or facilitating your campaigns, you assume full responsibility for compliance with all applicable laws and regulations.


SECTION 6 – ORDER PLACEMENT AND ACCEPTANCE


If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@ClosingBoost.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.




All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.




Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.




All advertised prices are in, and all payments shall be in, U.S. Dollars.




SECTION 7 – REFUNDS FOR HARD GOODS




If you have purchased a “hard good” (for example, a book or other tangible product) from Closing Boost or any related brands, you may request a limited refund if you comply with the following conditions:




1. You must request a refund in writing by contacting support@ClosingBoost.com;


2. Your request for a refund must be made within thirty (30) days of your purchase;


3. You must return the hard goods to Closing Boost immediately, according to the shipping and other instructions you will receive by email after requesting a refund;


4. The hard goods must be returned to Closing Boost in like-new, or re-sellable condition, as determined in Closing Boost’ sole, reasonable discretion.




To request a refund, email support@ClosingBoost.com.




SECTION 8 - TRIAL OFFER, MONEY BACK GUARANTEE, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION




Where we offer you a free trial of Closing Boost, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the Website at the time you register. Free trial subscriptions are only available to new subscribers of Closing Boost and for the limited periods as set out on the Website. Previous subscribers or those subscribers who have already benefited from a free trial subscription to Closing Boost do not qualify for a further free trial period.




If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 5 business days before your free trial period ends by submitting a cancellation request to us via our support email address support@ClosingBoost.com. If you do not contact us at least 5 business days before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full Closing Boost monthly membership subscription rate provided at the time of enrollment each month until you cancel. Closing Boost can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.



Where we offer a money back guarantee this only applies for customers that do not fully utilize the Closing Boost platform. If you have used the system and added 5 or more contacts within a 30 day period the money back guarantee does not apply. If you have a snapshot uploaded or any customer work undertaken on your account then you waive your right to a money back guarantee.



If you wish to cancel your Closing Boost subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address support@ClosingBoost.com. For monthly subscriptions (including subscriptions for services) , we require at least ten (10) business days’ notice of cancellation by email. If you provide such notice less than ten (10) business days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Closing Boost; Closing Boost in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.

If payment does not go through for any reason or you initiate a chargeback your account will be immediately suspended while this issue is resolved. You will not be entitled to any refund for any lost time during this resolution period. Once payment is confirmed it can take up to 5 business days for your account to be resumed. We are not responsible for any lost business during this time.




SECTION 9 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT




A Closing Boost user is responsible for paying all sums due to Closing Boost in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Closing Boost user to use any of the services available through the service provided by Closing Boost does not relieve the Closing Boost user of their payment obligations under these Terms.




Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).




IF YOU ARE A Closing Boost USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO Closing Boost, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING SUPPORT@ClosingBoost.COM AT LEAST TEN (10) BUSINESS DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.




Closing Boost reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Closing Boost starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.




In addition to any Fees, Closing Boost may also charge applicable value added or other tax.

There are usage fees included inside the platform. Examples of these include SMS, phone, email, premium workflow actions, content AI, conversational AI and more. These are billed through a pre-paid wallet. You can change the card on file and the auto top up amount at any time inside your account. You can see itemized billing inside your account. For a more detailed breakdown of charges please reach out to support@closingboost.com. Should you cancel your ClosingBoost account, all itemized transaction details are lost. Should you need this information, please login to your account and save any details you might need prior to cancelling your account.



SECTION 10 - Account Suspension and Termination

In the event of any payment failure or if your account balance reaches zero, we reserve the right to suspend your account immediately. Notification of such suspension will be sent to your registered email address. Access to your account and its associated features will remain disabled until all outstanding balances are settled.

Certain services provided, including but not limited to phone numbers and messaging capabilities, incur ongoing monthly costs. Upon account suspension due to non-payment:

- Phone Numbers: Assigned phone numbers may be permanently terminated. Recovery of such numbers cannot be guaranteed.

- A2P Messaging Services: Associated A2P registrations may be deleted. Re-registration will require a new setup, and you will be responsible for any associated costs.

To reactivate your account after suspension, you must:

- Settle all outstanding balances in full.

- Pay any additional fees associated with reactivating services, including but not limited to phone numbers or A2P messaging registrations. These fees are your responsibility and must be paid prior to reactivation.

SECTION 11 – SHIPPING FEES




Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.




SECTION 12 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE




Products, services, and prices are generally posted at the following URL, but are subject to change: https://www.ClosingBoost.com/. Closing Boost reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.




Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Closing Boost to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Closing Boost services, and unless you terminate your subscription as provided herein, you agree that Closing Boost may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.




Closing Boost takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.




When ordering products or services, please note that Closing Boost does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. Closing Boost’ descriptions of, or references to, products or services not owned by Closing Boost are not intended to imply endorsement of that product or service, or constitute a warranty by Closing Boost.




SECTION 13 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY




Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.




Closing Boost does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Closing Boost will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to software and tools to create Internet sales funnels and otherwise assist with their respective online offerings. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.




SECTION 14 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS




You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Closing Boost’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Closing Boost if any investigation or lawsuit is threatened or filed against you, whereupon Closing Boost shall have the right to terminate this Agreement without liability. Closing Boost shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). Closing Boost shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Closing Boost as set out in Section 21 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Closing Boost as a result.




SECTION 15 – OPTIONAL ORDER “ROUND UPS” FOR CHARITABLE DONATIONS AND POTENTIAL TAX IMPLICATIONS




Closing Boost, in its sole and exclusive discretion, may provide an opportunity for you and customers of your online business to voluntarily “round up” purchases at checkout by various dollar amounts, such as one, three, five, or ten dollars, to be donated to charitable organizations of Closing Boost’s choosing who meet the US charity requirements under United States law, respectively, that are tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (each, individually, “Charity”). You agree that such “round up” donation amounts shall not be charged as a separate charge to your customer, but shall be included in a single charge for the total purchase price charged to your customer. Closing Boost agrees to keep any “round up” donations in a separate, non-interest bearing account pending contribution of such amounts to the Charity. Any amounts constituting “round up” donations shall be irreversibly transferred to Closing Boost, as agent and nominee for the Charity. You understand and agree that neither you nor your customers shall be entitled to any refund of any “round up” donations, regardless of whether a customer returns any or all items purchased from your online business. You understand and agree that such donations may be subject to sales tax, and that it is your sole and exclusive responsibility to collect and report such tax for sales to your customers. You further understand and agree that “round up” donations may not be tax deductible by you or your customers. You understand and agree that Closing Boost is acting as nominee and agent of the Charity with regards to any “round up” donations and, pursuant thereto, Closing Boost shall transfer such amounts to the Charity as soon as practicable, but in no event later than sixty (60) days after receipt of each donation.




SECTION 16 – COMMISSIONS PROGRAM AND INDEPENDENT Closing Boost AFFILIATE PROGRAM




If you are a Closing Boost’ user who chooses to display a “made with Closing Boost” badge on the bottom of your funnel, you will have the opportunity to receive a commission (“Badge Commission”) when another person (a “Prospect”) creates a Closing Boost account by using your Badge Affiliate Link, the fourteen (14) day trial period expires, the Prospect makes payment, and a “Sale” is registered (each such account is a “Sold Account.”)




The amount of the Badge Commission is currently 50% (this is subject to change with no notice). Once a Commission of $50 (USD) or more is earned, you will need to register with our third-party payment provider to receive payment. This means you will be authorizing third party companies to contact you. You are solely responsible for complying with all tax laws in your respective jurisdiction(s) including, but not limited to, the payment of all required taxes to, and filing of all returns and other required documents with, the applicable governing body(ies).




Closing Boost may offer you an opportunity to become an independent Closing Boost Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Closing Boost accounts that you sell to other users. Closing Boost reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Closing Boost Affiliate Agreement.


For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of Closing Boost. Affiliates have no authority to act on behalf of or bind Closing Boost. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between Closing Boost and each Affiliate.


To find out more information about the Affiliate program and the additional terms that apply, please click here. For avoidance of doubt, all Sections of these Terms and Conditions apply to you in your role as Affiliate, unless expressly provided otherwise.




SECTION 17 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS




Closing Boost is pleased to hear from users and customers and welcomes your comments regarding our services and products. Closing Boost may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Closing Boost’ services or products, in printed and online media, as Closing Boost determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond Closing Boost’ control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Closing Boost a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.




Additionally, Closing Boost reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Closing Boost shall be under no obligation to use any, or any part of, any testimonial or product review submitted.




SECTION 18 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS




As a Closing Boost user and/or Affiliate, whether or not you display a Closing Boost Badge, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.




If you use any messaging software, including any Closing Boost-provided messaging software now existing or which may in the future be created, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Closing Boost from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Closing Boost relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether or not provided by Closing Boost. You further understand and agree that Closing Boost has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Closing Boost DOES NOT WARRANT THAT ANY Closing Boost MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.




COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.




SECTION 19 – DISCLAIMERS OF OTHER WARRANTIES




EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:




THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.




SECTION 20 – LIMITATIONS OF LIABILITIES


We shall not be liable for any loss of data, functionality, or services resulting from the suspension or termination of your account due to non-payment. This includes, but is not limited to:

Permanent loss of phone numbers.

Deletion of A2P messaging registrations.

Any costs incurred for reactivation or re-registration of terminated services.

We are not liable for any errors, omissions, or damages resulting from your use of the platform, including but not limited to any outcomes derived from artificial intelligence (AI) tools or features. You acknowledge that:

- AI-generated outputs, including responses, recommendations, or actions, may not always be accurate or appropriate.

- You are solely responsible for reviewing and verifying any AI-generated outputs before relying on them or taking action based on them.


EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL Closing Boost OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER Closing Boost HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.




IN NO EVENT SHALL Closing Boost’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO Closing Boost FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST Closing Boost OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.




SECTION 21 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER




PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.




THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.




If you have a complaint, dispute, or controversy, you agree to first contact us at support@ClosingBoost.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Lane County, Oregon, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Closing Boost.




Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.




The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.




You and Closing Boost agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Closing Boost expressly waive any right to pursue any class or other representative action against each other.




Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).




This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.


This provision survives termination of your account or relationship with Closing Boost, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.




YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.




SECTION 22 – Closing Boost'S ADDITIONAL REMEDIES




In order to prevent or limit irreparable injury to Closing Boost, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Closing Boost or a third-party, Closing Boost shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Lane County, Oregon restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Closing Boost from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Lane County, Oregon for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.




SECTION 23 – INDEMNIFICATION




To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Closing Boost, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

You agree to indemnify, defend, and hold harmless Closing Boost, its affiliates, and employees from and against any claims, liabilities, damages, losses, or expenses arising out of or related to:

Your use of the platform, including violations of TCPA, CAN-SPAM, or DNC regulations.

Any reliance on AI-generated outputs from the platform.

Any campaigns, communications, or actions conducted through the platform that violate applicable laws or third-party rights.




SECTION 24 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT




If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Closing Boost a notice requesting that Closing Boost remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Closing Boost a counter-notice. Notices and counter-notices should be sent to Closing Boost by e-mail to support@ClosingBoost.com. These Terms fully incorporate by reference the DMCA Policy.




SECTION 25 – THIRD-PARTY LINKS




The Website may contain links to other websites. Closing Boost assumes no responsibility for the content or functionality of any non-Closing Boost website to which we provide a link. Please see our Privacy Statement for more details.




SECTION 26 – TERMINATION




This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Closing Boost or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Closing Boost.




Upon termination, you remain responsible for any outstanding payments to Closing Boost.




SECTION 27 – NO WAIVER




No failure or delay on the part of Closing Boost in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Closing Boost.




SECTION 28 – GOVERNING LAW AND VENUE




This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement, or any matter concerning Closing Boost, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Wisconsin without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Wisconsin, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.




SECTION 29 – FORCE MAJEURE




Closing Boost will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.




SECTION 30 – ASSIGNMENT




Closing Boost may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Closing Boost’ (or its assigns’) express written consent.




SECTION 31 – ELECTRONIC SIGNATURE




All information communicated on the Website is considered an electronic communication. When you communicate with Closing Boost through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.




SECTION 32 – CHANGES TO THE AGREEMENT




You can review the most current version of the Terms at any time at https://www.ClosingBoost.com/terms-of-service. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.




SECTION 33 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES




You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Closing Boost has the right to rely upon all information provided to Closing Boost by you, and Closing Boost may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.




You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Closing Boost of the same within 24 hours. Closing Boost, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Closing Boost without incurring any obligation or liability to you.




SECTION 34 – SEVERABILITY


If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.




SECTION 35 – ENTIRE AGREEMENT




These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Closing Boost and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Closing Boost. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.




SECTION 36 – CONTACTING US




We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to support@ClosingBoost.com.




Notices to you may be made by posting a notice (or a link to a notice) on https://www.ClosingBoost.com/terms-of-service, by email, or by regular mail, at Closing Boost’ discretion.