Boost Your Score Terms of Use

Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the desktop and mobile versions of the Boost Your Score website located at www.boostyourscore.com and any other websites operated by BYS, LLC. and its subsidiaries and affiliates that link to these Terms of Use, as well as the Boost Your Score mobile application (the “Application” and collectively, the “Site”). The Site is the property of BYS, LLC. a Missouri corporation doing business as Boost Your Score, and its affiliates and subsidiaries (“BYS” or “we” or “us”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site after we have posted revised Terms of Use signiﬁes your acceptance of such revised Terms of Use.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, computer code, and other materials displayed on, downloaded from, or otherwise made available through the Site (collectively, the “Content”), including the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, are owned by BYS, LLC. or its licensors and are protected by copyright, trademark, trade dress, and other intellectual property laws.

You may use the Site and the Content solely for your personal, non-commercial use and only as expressly permitted by these Terms of Use. No portion of the Site or the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without BYS’s express prior written consent.

Except as expressly provided in these Terms of Use, BYS does not grant you any express or implied rights to the Content, and all rights not expressly granted are reserved by BYS and its licensors. The use of any Content, except as expressly permitted under these Terms of Use, may constitute a violation of intellectual property rights and other applicable laws and may result in civil or criminal penalties.

Your Use of the Site

You may use the Site, the Application, and any services or functionality made available through them (collectively, the “Services”) only for lawful purposes and in accordance with these Terms of Use.

Permitted Uses

Subject to the provisions in these Terms of Use, you may use the Services for non-commercial purposes to: (i) learn about the Services; (ii) open accounts to participate in the Services; (iii) select a Service or Services; (iv) access and print or download copies of the current version of these Terms of Use and other documentation relating to the Services; and (v) make such other use of the Site, the Application, and the Services as we may expressly permit from time to time. Subject to these Terms of Use and as long as you comply with these Terms of Use, BYS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site, the Application, and the Services in accordance with these Terms of Use, and for no other purpose. All rights, title and interest in and to the customer interface and Content, including any software, on or through the Services shall belong to us, including all modiﬁcations thereof and enhancements thereto. The Content and customer interface made available from, on or through the Site, the Application, or the Services may not be copied, modiﬁed, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) and may not be used for any other purposes.

Prohibited Uses

You may not use the Site, the Application, or the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the ﬁnancing of terrorism, the commission of fraud or market manipulation, or the harassing or making disparaging comments to any customer of the Services. We reserve the right to take preventative or corrective actions to protect ourselves and our customers. Your use of the Site, the Application and the Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site, the Application, and the Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, the Application, and the Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your afﬁliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another customer’s account without permission, or solicit another customer’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the Application, or the Services; (f) “frame” or “mirror” any portion of the Site, the Application, or the Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Application, or the Services; (h) harvest or collect information about or from other customers of the Site, the Application, or the Services; (i) use the Site, the Application, or the Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site, the Application, or the Services, nor breach the security or authentication measures on the Site, the Application, or the Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the Application, or the Services, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi- level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of BYS, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of BYS; (o) use or distribute any Content, including Content that has been veriﬁed or conﬁrmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of these Terms of Use.

You further agree that you will not use the Site, the Application, or the Services in any manner that:

Violates any applicable law or regulation, including consumer protection, privacy, data-security, anti-money laundering, and financial-services laws.
Infringes or misappropriates any intellectual property or proprietary right of BYS or any third party.
Collects, stores, or uses personal information about other users of the Site, the Application, or the Services.
Attempts to gain unauthorized access to any portion of the Site, the Application, the Services, other user accounts, or any computer systems or networks connected to the Site, through hacking, password mining, or any other illegitimate means.
Probes, scans, or tests the vulnerability of the Site, the Application, or the Services or any network connected to the Site, the Application, or the Services, or breaches the security or authentication measures on the Site, the Application, or the Services or any network connected to the Site, the Application, or the Services.
Uses any deep-link, page-scrape, robot, spider, scraper, crawler, automated device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Site, the Application, or the Services, or the Content, or to reproduce or circumvent the navigational structure or presentation of the Site, the Application, or the Services, or any Content, or to obtain any materials, documents, or information through any means not purposely made available through the Site.
Takes any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the Application, or the Services or any connected systems or networks.
Uses any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, the Application, or the Services, any transaction being conducted through the Site, the Application, or the Services, or any other person’s use of the Site, the Application, or the Services,.
Reverse engineers, decompiles, disassembles, decodes, or otherwise attempts to derive the source code or underlying ideas or algorithms of any portion of the Site, the Application, or the Services.
Uses the Site, the Application, or the Services, to develop, train, or improve any artificial intelligence, machine learning, scoring, risk modeling, or analytics system, whether for commercial or non-commercial purposes, without BYS’s express prior written consent.
Uses the Site, the Application, or the Services for competitive analysis, benchmarking, or to develop a product or service that is competitive with any BYS product or service.
Forges headers or otherwise manipulates identifiers in order to disguise the origin of any message transmitted to or through the Site, the Application, or the Services, or impersonates any person or entity.

Additional Terms and Conditions

Additional terms, conditions, and policies may apply to certain features, tools, or portions of the Site, the Application, and the Services, including any promotional programs, referral programs, educational resources, or other similar offerings. All such additional terms are incorporated into these Terms of Use by this reference. You agree to comply with any such additional terms, including, where applicable, representing that you meet any eligibility requirements to access or use a particular feature or Service.

If there is a conflict between these Terms of Use and the terms specific to a particular feature, portion of the Site or the Application, or Service, the specific terms will control with respect to your use of that feature, portion of the Site or Application, or Service.

Accounts, Passwords, and Security

Certain features or Services offered through the Site or the Application may require you to create an account. You are responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any other information associated with your account, and for all activities that occur under your account.

You agree to notify BYS immediately of any unauthorized access to, or use of, your account or password, or any other breach of security. You may be held responsible for losses incurred by BYS or others due to someone else using your account or login credentials if you fail to keep your account information secure.

You may not use another person’s account or login credentials at any time without the express permission of the account holder. BYS is not responsible for any loss or damage arising from your failure to comply with these obligations.

Privacy

The BYS Privacy Policy applies to your use of the Site, the Application, and the Services, and its terms are incorporated into these Terms of Use by this reference.

To review the BYS Privacy Policy, please visit https://www.BoostYourScore.com/privacy-policy.

Links to Third-Party Sites

The Site and the Application may contain links to third-party websites or resources (“Linked Sites”) that are provided for convenience only. BYS does not control, endorse, or assume any responsibility for the content, products, services, or information offered on or through any Linked Sites. Your use of Linked Sites is subject to the terms and conditions and privacy policies applicable to those sites, and you are solely responsible for evaluating your interactions with them.

Third-Party Offers

The Site may include pages that reference, display, compare, link to, or otherwise describe credit cards or other third-party financial products or services (collectively, “Third-Party Offers”). Information relating to Third-Party Offers, including but not limited to annual percentage rates (APRs), annual fees, promotional terms, rewards, eligibility requirements, credit score assumptions, and other pricing or product features is provided to BYS by third parties and is subject to change at any time without notice. While BYS strives to present accurate and current information, BYS does not warrant or guarantee the completeness, timeliness, or accuracy of any Third-Party Offer information.

Displayed rates, fees, and terms may reflect the lowest available pricing and may vary depending on the applicant’s creditworthiness and other issuer criteria. Users must review the actual terms and disclosures provided by the issuer at the time of application. The issuer’s terms will control in the event of any discrepancy.

BYS is not a lender, creditor, or financial advisor and is not responsible for decisions made based on information provided on the Site. Users should verify all terms directly with the issuing bank or product provider and consider consulting with qualified financial professionals before applying for or using any credit product.

Disclaimers

BYS DOES NOT PROMISE THAT THE SITE, THE APPLICATION, THE SERVICES, OR ANY CONTENT, OR FEATURES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, THE APPLICATION OR THE SERVICES WILL PROVIDE ANY SPECIFIC RESULTS. THE SITE, THE APPLICATION, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION MADE AVAILABLE IS SUBJECT TO CHANGE WITHOUT NOTICE.

BYS DOES NOT GUARANTEE THAT ANY FILES OR DATA YOU DOWNLOAD OR OBTAIN THROUGH THE SITE OR THE APPLICATION OR THE SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BYS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

BYS IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR THE APPLICATION OR THE SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, THE APPLICATION, THE SERVICES, ANY LINKED SITES, AND ANY SERVICES OR CONTENT ACCESSED THROUGH THEM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE APPLICATION, THE SERVICES, OR ANY CONTENT IS TO STOP USING THE SITE AND THE APPLICATION AND THE SERVICES.

The foregoing disclaimer applies to any damages, losses, or injuries resulting from failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access, alteration, or use.

BYS may, at any time and without notice: (1) modify, suspend, or terminate operation of or access to the Site or the Application or the Services; (2) modify or change any portion of the Site, the Application, the Services; and (3) interrupt operation of the Site or the Application or the Services as needed to perform maintenance or updates.

Limitation of Liability

Except where prohibited by law, in no event will BYS be liable to you for any indirect, consequential, incidental, exemplary, or punitive damages, including lost profits, arising out of or in connection with your use of the Site, the Application, or the Services, even if BYS has been advised of the possibility of such damages.

If, notwithstanding any other provision of these Terms of Use, BYS is found liable to you for any damages arising out of your use of the Site or the Application or the Services, BYS’s liability shall not exceed the greater of (1) the total fees, if any, paid by you to BYS for access to the Site or Application in the six (6) months preceding the date the claim first arose, or (2) one hundred U.S. dollars ($100). Some jurisdictions do not allow limitations of liability, so this limitation may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless BYS, its affiliates, and its and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or the Application or the Services, your violation of these Terms of Use, or your violation of any rights of a third party.

Governing Law; Dispute Resolution

All matters relating to your access to or use of the Site or the Application, including any dispute or claim arising out of or relating to these Terms of Use, will be governed by and construed in accordance with the laws of the State of Missouri and the laws of the United States, without regard to any conflict of laws principles that would result in the application of the laws of another jurisdiction.

You agree that any legal action or proceeding arising out of or relating to your use of the Site or the Application shall be brought exclusively in the state or federal courts located in Jackson County, Missouri. You consent to the personal jurisdiction of and venue in those courts and waive any objection to jurisdiction or venue in those courts, including any claim that such forum is inconvenient.

Any claim or cause of action arising out of or relating to these Terms of Use must be brought within one (1) year after the claim or cause of action accrues; otherwise, such claim or cause of action is permanently barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party in any dispute shall be entitled to recover its reasonable attorneys’ fees and costs.

Before initiating litigation, the parties agree to attempt in good faith to resolve the dispute informally. If the dispute is not resolved within thirty (30) days, either party may submit the dispute to non-binding mediation. If mediation does not resolve the dispute, each party is free to pursue any rights or remedies available under applicable law.

Terms of Use Violations

BYS may disclose information about you, including your identity, if we determine that such disclosure is necessary in connection with an investigation or complaint regarding your use of the Site or the Application, or to identify, contact, or take legal action against anyone who may be causing injury to, or interfering with, BYS’s rights or property or the rights or property of other users or visitors.

BYS reserves the right to disclose any information that we believe is necessary to comply with applicable law, regulation, legal process, or governmental request. We may also disclose information when permitted by law, including for purposes of fraud prevention or security monitoring.

You acknowledge and agree that BYS may preserve communications or data transmitted through the Site or the Application and may disclose such information if required by law or if we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that content or communications violate the rights of others; or (4) protect the rights, property, or safety of BYS, our employees, users, or the public.

You agree that BYS may, in its sole discretion and without prior notice, suspend or terminate your access to the Site or the Application if we determine that you have violated these Terms of Use or any other agreement or policy governing your use of the Services. Suspension or termination may also occur for reasons including, but not limited to: (1) requests from law enforcement or regulatory authorities; (2) your request to delete or close your account; (3) discontinuation or substantial modification of the Site or the Application; or (4) unexpected technical or security issues.

If BYS initiates legal action against you due to your violation of these Terms of Use, BYS is entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief available. BYS will not be liable to you or any third party for termination of your access to the Site or the Application under this section.

Void Where Prohibited

BYS administers and operates the www.boostyourscore.com Site from its location in Kansas City, Missouri USA. Not all features, products or Services discussed, referenced, provided or offered through or on the Site or the Application are available to all persons or in all geographic locations. BYS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.

Data Feedback

Any feedback, suggestions, ideas, or other information that you submit or provide to BYS regarding the Site, the Application, or the Services (“Feedback”) is considered non-confidential and non-proprietary. You acknowledge and agree that BYS may use, copy, disclose, reproduce, modify, license, distribute, and disseminate any such Feedback for any purpose, in its discretion, without any compensation to you and on an unrestricted basis.

Geo-Location Services

BYS may make geolocation-based features or functionality available through the Site. By choosing to opt in or otherwise enabling geolocation functionality, you expressly consent to BYS’s collection, use, processing, sharing, and transfer of your device location information for purposes of delivering location-based features, content, and services, including to third-party service providers who support, host, or facilitate such functionality on behalf of BYS. You may disable geolocation services at any time through your device or browser settings; however, doing so may limit or affect the availability or functionality of certain Site features.

Dispute Resolution

Notwithstanding anything to the contrary in these Terms of Use, the arbitration provisions and any waiver of rights set forth herein do not apply to “Covered Borrowers” as that term is defined under the Military Lending Act, 10 U.S.C. § 987, and its implementing regulation, 32 C.F.R. Part 232, where such provisions are prohibited for Covered Borrowers.

These Terms of Use contain a pre-dispute arbitration clause, which applies to these Terms of Use. By clicking “Agree” and consenting to these Terms of Use, BYS and you agree as follows:

All parties to these Terms of Use are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.

The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.

The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.

Pre-dispute arbitration clause: You understand and agree that all claims, disagreements, disputes or controversies between you and BYS, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, including related to the Services, shall be resolved by final and binding arbitration. Because the Services provided to you by BYS concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. The arbitration shall take place in Kansas City, MO. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with Title 9 of the US Code (United States Arbitration Act) under the AAA’s Commercial Dispute Resolution Procedures as supplemented by the Supplementary Procedures for Consumer-Related Disputes (and as stated therein, if there is a difference between the Commercial Dispute Resolution Procedures and the Supplementary Procedures, the Supplementary Procedures will be used). Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other customers/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.

NO CLASS ACTIONS. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may against BYS in connection with or related to the Services will be resolved individually, without resort to any form of class action.

You and BYS agree that any controversy or claim between You and BYS, or between You and any of the officers, employees, agents, or affiliated companies of BYS, arising out of or relating to these Terms of Use, any of the transactions contemplated under these Terms of Use, any of the Services provided pursuant to these Terms of Use, any of the discussions or negotiations leading up to the making of these Terms of Use, or any relationship that results from any of the foregoing, whether based in contract, or an alleged tort, or on any other legal theory, and whether asserted as an original or amended claim, counterclaim, cross claim, or otherwise, shall be governed by federal law and all applicable substantive laws of the State of Missouri (without regard to its conflict of laws principles). Governing Missouri law may be supplemented as necessary by federal law. You agree that if there is any inconsistency between the terms of these Terms of Use and any applicable law, regulation or rule, the terms of these Terms of Use will prevail to the extent any such law, regulation or rule may be modified by agreement.

To the maximum extent permitted by applicable law, no action, regardless of form, arising out of these Terms of Use may be brought by either party more than two (2) years after the claiming party knew or should have known of the cause of action.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BYS as a result of these Terms of Use or accessing the Services. BYS’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of BYS’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Services or information provided to or gathered by BYS with respect to such use.

Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise speciﬁed in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by conﬁrmed facsimile, or (iv) the ﬁrst business day after sending by email.

Notices to us must be sent in writing to the following address:

BYS, LLC.

6320 Brookside Plaza, Suite 524

Kansas City, MO 64113

or via email addressed to: Easy@BoostYourScore.com

All notices from us to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Site, Application, Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your customer registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an afﬁliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the beneﬁt of the parties, their respective successors and permitted assigns.

Questions

Should you have any questions concerning these Terms of Use, please contact us by email at Easy@BoostYourScore.com or by regular mail at BYS, LLC., 6320 Brookside Plaza, Suite 524 Kansas City, MO 64113. For an online copy of these Terms of Use, please go to https://www.BoostYourScore.com.

Boost Your Score Terms of Use