UBOOST CANCELLATION POLICY

You may deactivate your account at any time, however points purchased and not used are not eligible for a refund.

How do I cancel my account?

Do not send an email, make a phone request, or send a letter or other communication to cancel your account, as these methods will not be adequate or proper. Instead, log into your account, find the account menu and click on “my settings”. Then, click on the deactivate link.

UBOOST TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE UBOOST WEBSITE OR ANY SERVICES.

By using the uBoost.com websites (“Service”) or any services of uBoost, Inc., you are acknowledging that these terms and conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and agreeing to be bound by the following terms and conditions (“Terms of Service”). If you do not agree to these Terms of Service, you may not use the uBoost website or any related services.

uBoost, Inc. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below may result in the immediate termination of your account. While uBoost, Inc. prohibits such conduct and content on the Service, you understand and agree that uBoost, Inc. cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You agree to provide, maintain and update true, accurate, current and complete information about yourself. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information.
3. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.
4. You are responsible for maintaining the security of your account and password. uBoost, Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
6. If you are using a free account you are not permitted to block ads.
7. One person or legal entity may not maintain more than one free account.
8. You may not use the uBoost website or the Service for any illegal or unauthorized purpose. You must not, in the use of the uBoost website or the Service, violate any laws in your jurisdiction (including, but not limited to, copyright or trademark laws).
9. You agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the uBoost website or the Services.
10. You agree to exit from your account at the end of each session.

Points

1. uBoost Points are only available to registered uBoost account holders.
2. uBoost Points can only be redeemed for items in the account holder's rewards catalog.
3. Awarded points are non-transferrable and expire 3 years from the date they are awarded.
4. Unissued/unredeemed points in student or administrator accounts are non-refundable under any circumstances.
5. The administrator may reclaim up to 50% of a student's outstanding balance strictly for the purposes of correcting inaccuracies. Only bonafide adjustments addressing inaccurate point award transactions are acceptable.
6. In order for students to redeem/administrators to award points, the administrator account must be in good standing with no bills more than 30 days past due.
7. Please note, we reserve the right to make changes to this policy at any time without prior notice or liability.

Payment, Refunds, Upgrading, and Downgrading Terms

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. Points may be pre-purchased and expire 3 years from the date they are deposited into your account. Points are non-refundable. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes imposed on uBoost, Inc.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. Downgrading your Service may cause the loss of content, features, or capacity of your Account. uBoost, Inc. does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email, phone request, letter or other communication to cancel your account is not considered cancellation. You can only cancel your account at any time by clicking on the deactivation link in “my settings”, which can be found in the “My Account” menu.
2. If you cancel the Service, your cancellation will take effect immediately.
3. uBoost, Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other uBoost, Inc. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. uBoost, Inc. reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. uBoost reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the uBoost Site http://www.uboost.com/ or the Service itself.
3. uBoost, Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright, Content Ownership, and Intellectual Property

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
2. uBoost does not pre-screen content, but uBoost, Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
3. All information, materials, functions and other content on the uBoost website are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the uBoost Sites or delete our content or features at any time, in any way, for any or no reason.
You may not decompile, reverse engineer, disassemble or otherwise reduce any software related to the uBoost website or our Services to a human-readable form.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis, without warranties of any kind. To the fullest extent permitted under applicable law, we disclaim all warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility and noninfringement. Without limiting the foregoing, uBoost, Inc. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) any errors or defects in the uBoost website or the Service will be corrected, or (vi) the uBoost website or servers that make any content available are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of the Service.
2. Technical support is only provided to paying account holders and is only available via email.
3. You understand that uBoost, Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, uBoost, Inc., or any other uBoost, Inc. service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by uBoost, Inc.
6. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any uBoost, Inc. customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. You expressly understand and agree that uBoost, Inc. shall not be liable under any circumstances (including negligence) for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, personal injury (including death), property damage of any nature whatsoever, or damages for loss of profits, goodwill, use, data or other intangible losses (even if uBoost, Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the uBoost website or the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service, even, in any of the above cases, we have been advised of the possibility of any such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed $200 or the amount paid by you, if any, (whichever is less) for accessing the Services. Moreover, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control.
12. The failure of uBoost, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and uBoost, Inc. and govern your use of the Service, superceding any prior agreements between you and uBoost, Inc. (including, but not limited to, any prior versions of the Terms of Service).
13. The Terms of Service shall be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out or relating to the Terms of Service shall be filed, and that venue properly lies, only in state or federal courts located in the city and county of Honolulu, Hawaii, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
14. If any provision of the Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE UBOOST WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
15. Questions about the Terms of Service should be sent to support at support@uboost.com.

ONLINE PRIVACY POLICY FOR UBOOST, INC.

Last updated March 2008 - This Privacy Policy applies to our online practices only and does not apply to any other information collected by us through any other means.

The following policy applies to uBoost's website located at http://www.uboost.com/

uBoost.com is a website devoted to making academic achievements rewarding and fun while respecting the importance of your personal information. uBoost, Inc. ("uBoost"), located at 737 Bishop St #3180, Honolulu,Hawaii 96813 is the operator of uBoost.com and can be reached by email at privacy@uboost.com regarding any questions relating to the online collection of data via uBoost.com. Please read this privacy statement to learn more about the types of information uBoost collects from you while you are online, how the information is used, who it is shared with, and how you may modify such information.

uBoost, Inc. is committed to protecting the privacy and security of its online visitors. This policy statement provides all of our visitors with an overview of the measures we have taken to provide a safe environment for everyone. By visiting the uBoost site or using the uBoost Services, you are agreeing to this policy.

How We Collect Information

Parents, Guardians, Family and Students

uBoost encourages participation and involvement in the uBoost program. During the registration process a user may be asked to provide his or her name, address, email address, parent/guardian's email address, birth date and grade of the student, school the student attends and gender. Users may also be asked to supply their own user names and passwords. In the event a child under the age of thirteen seeks to register on uBoost.com, uBoost.com will ask for the email address of the child's parent or guardian for the purpose of providing notices to the parent or guardian regarding uBoost's collection practices and requesting consent from the parent or guardian.

The information collected from teachers, parents, guardians, family and students will be used to build engagement around the educational process, to provide a more customized user experience, to implement reward redemption programs, and to fulfill specific requests by users. Other services include tracking students' participation, achievement and academic performance in the uBoost program, and creating performance reports for each student that may be shared with teachers and parents.

uBoost will collect no more personally identifiable information from children than is reasonably necessary for them to participate in this online program.

Teachers

Teachers provide uBoost with the first names, last names and grades of their students and may provide the email addresses of the students' parents or guardians when the teachers enroll their classes in the uBoost program. Teachers' classes/students are linked to the teacher that provided the information. In addition, uBoost may collect the teacher's first and last name, address, email address, age, gender (optional), grade he/she teaches, and the number of participating students in his/her class.

Third Party Curriculum Providers

Third party curriculum providers provide uBoost with user names and passwords of students that such providers have independently collected or assigned pursuant to their own privacy practices, including performance data to support the functionality of our rewards program.

Types of Information We Collect and Why

Personally Identifiable Information

We collect personally identifiable information from our visitors 13 years old or older only when such visitors voluntarily submit such information. uBoost will collect no more personally identifiable information from children than is reasonably necessary for them to participate in an online program.

We do not collect personally identifiable information from children under the age of 13 without first obtaining verifiable parental consent, unless we use such information for one or more of the following reasons: (1) to obtain parental consent or to provide parents with notice; (2) to respond directly on a one- time basis to a child's specific request; (3) to respond more than once to a child's specific request along with providing parental notice of such use; (4) to protect the safety of a child; or (5) to comply with legal requirements. The consent and notification process mentioned above gives parents the ability to let us know if they do not want us to make further use of the personally identifiable information we have collected from their child. uBoost is compliant with the Federal Trade Commission's Children's Online Privacy Protection Act of 1998 (COPPA). Please visit the Federal Trade Commission's website for more information.

We consider the following, among other things, to be personally identifiable information: first and last name, e-mail address, street address, and phone number. We may request such personally identifiable information from children in connection with our surveys and incentive fulfillment activities; requests for suggestions; visitors' requests for products or services; or requests for additional information, so that we can fulfill incentive orders. Unless we indicate otherwise, personally identifiable information collected from visitors to uBoost.com will be used solely by uBoost, Inc. and will not be sold or otherwise transferred to third parties.

Non-Personally Identifiable Information and The Use of Cookie, Web Beacons and Other Technology

uBoost wants you to enjoy your experience on uBoost.com and uses certain information about the places you visit on the site and the activities you engage in for its own tracking purposes and to further develop the website. uBoost obtains this information from the browser you use and through the use of cookies, web beacons and other technology. If you choose to configure your browser not to accept cookies, you may still participate in uBoost.com, but uBoost.com may have limited functionality. A cookie is a small piece of information sent by a web server to store on a web browser or a user's hard drive so it can later be read back from that browser or hard drive. uBoost uses both persistent cookies, which may have an expiration date and are saved on a user's computer by the browser, and session cookies, which remain with your browser until the session ends and the browser is closed. uBoost retrieves information from the browser you use, such as the type of browser, the platform it runs on, the date and time of your visit to uBoost.com, the activities you engage in on the site and transaction details such as the number of points you accrue. The cookies and browser information do not contain any personally identifiable information, but may be linked to a user's unique user name. Web beacons are small pieces of data that are embedded in web page images. From time to time, users may have an opportunity to download specific third party software to enhance system performance. uBoost is not responsible for any third party software or information, if any, that such third party software may collect during the downloading process. Please check the privacy statements/policies of the providers of any third party software before downloading such software.

Use of IP Addresses

We collect IP addresses to obtain aggregate information on the use of uBoost.com. An IP address is a number assigned to your computer by a Web server when you are on the Web. When you are on our site, we have a back- end server that logs your computer's IP address. We only use the information we find out from tracking IP addresses in the aggregate, such as how many users entered a specific area of our site, and not to track a specific IP address to identify an individual user. We will use such information to identify a user only if we feel that there are or may be safety and/or security issues or to comply with legal requirements.

Credit Card Information

uBoost may collect credit card information such as the credit card number and expiration date, first and last name, billing address and phone number in connection with offering membership services to users. uBoost adheres to industry standards regarding the collection and use of credit card information and after passing the credit card information to the credit card processor, retains only the last four digits of the credit card number and the expiration date to fulfill your order and process any refunds or reversals.

What Information Might be Shared, With Whom and Why

Information that may be shared by uBoost

1. uBoost will send emails to users regarding administrative matters related to the overall functioning of the uBoost program or website. uBoost will also send emails to parents, guardians or teachers regarding students' academic performance. uBoost may also send you promotional materials that directly promote the use of our websites or the purchase of our products or services. Users may opt out of receiving such emails by contacting uBoost at privacy@uboost.com. Users may also sign up to receive email relating to their interests from uBoost or third parties, but are not required to do so. uBoost will not share personally identifiable information with third parties for the third parties' independent marketing purposes unless a user gives uBoost permission to do so.

2. For users that are participating in the uBoost program via a third party curriculum provider (see Third Party Curriculum Providers section above), uBoost will share information regarding a student's participation, achievement, performance and reward redemption information with such third party curriculum provider.

3. For users that are participating in the uBoost program via a teacher, parent or guardian signing them up, uBoost will share information regarding a student's participation, achievement, performance and reward redemption information with such teacher, parent or guardian.
4. uBoost may post its top academic performers on the home page of uBoost.com or elsewhere on the site. Such information will be accessible to other users of the site.
5. uBoost will share aggregated site usage information regarding the uBoost.com website and program that does not personally identify any individual with curriculum or education providers, entities that provide goods or services for the reward redemption programs, entities that assist uBoost in the overall development and maintenance of uBoost.com, and entities that assist uBoost in organizing and analyzing the aggregated data.
6. uBoost will share and/or transfer all information it has collected, including personally identifiable information, in connection with the sale, merger, transfer, exchange, or other disposition (whether of assets, stock or otherwise) of all or a portion of uBoost or its business, or as the result of other fundamental corporate changes.
6. uBoost may disclose personally identifiable information that it has collected to third parties to comply with court orders or requests from governmental entities or law enforcement agencies, to respond to subpoenas or search warrants, to enforce the Terms of Use, to protect or enforce uBoost's rights and to protect the safety of members of the public and users of the site.
7. For credit card transactions, uBoost will send your credit card information (see Credit Card Information section above) to a credit card processor for pre-authorization and settlement of any transactions via an encrypted session.
8. uBoost may share a user's name and address with fulfillment houses or reward providers for the purpose of fulfilling sweepstakes, contests, promotions and reward redemption programs. These parties provide support for uBoost.com or services and programs provided by uBoost. uBoost only provides these parties with data that is necessary for them to fulfill their obligations and these parties are not allowed to use personally identifiable information except for the purpose of providing these services.
9. Third parties agree to maintain the confidentiality, security and integrity of the personal information they receive from uBoost.
10. Parents may consent to the collection and use of their child's personal information without consenting to the disclosure of the information to third parties.

Who May Receive Information From uBoost and Why

Third Party Curriculum Providers

Third party curriculum providers providing core curriculum for our registrants may receive information regarding student performance and usage data for the purposes of evaluating their programs.

Supporting Service Providers

We may use third party service providers to help us operate our business and this Site or administer activities on our behalf, such as financial institutions or credit card companies to authorize and process credit card transactions, and other companies for order fulfillment, delivery, and sweepstakes administration. We may share your identifiable information with these third parties for those limited purposes. For instance, if you participate in a sweepstakes, game, or loyalty program resulting in a prize or reward, we will share your personally identifiable information with our games management and merchandise fulfillment agencies. Such third parties will have access to personal information needed to perform their functions, but may not use it for other purposes.

Strategic Partners

From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with uBoost Inc. We may share non-personally identifiable, personally identifiable or demographic information with such third-party strategic partners: however, we will provide you with the opportunity to either opt into or opt out of such sharing when you set up an account and when you log in after we add a new strategic partner. Because these third parties will use your information in accordance with their own privacy practices, you should check their websites for information regarding their privacy practices.

Other Disclosures

We may also share your identifiable information: (i) as permitted by law, (ii) in the event of a transfer of ownership or assets or a bankruptcy of uBoost, Inc., (iii) where we determine that disclosure of specific information is necessary to comply with the request of a law enforcement or regulatory agency, (iv) to protect the interests or safety of uBoost, Inc., you or other visitors to this Site, (v) to facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (vi) to help to: enforce our Terms of Service; or enforce contest, sweepstakes, promotions, and/or game rules.

Links and Third Parties' Privacy Practices

This Site may contain links to other sites which are not operated by uBoost, Inc. uBoost, Inc. IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH OTHER WEBSITES. uBoost, Inc. recommends that you review the privacy policy of third party websites arrived at from links on this Site. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

Third-Party Advertising Servers

At times, we may use third-party advertising companies to serve ads when you visit our website. These companies may (via cookies, GIFs, or otherwise) use aggregate information (not including your name, address, e-mail address, telephone number, or any other personally identifiable information) about your visits to this and other websites in order to provide advertisements about goods and services that may be of interest to you. We do not share your information with those parties unless you fill out a form on our site and do not indicate that you do not wish uBoost to share your information with third parties. If the form on our site does not have this check box, you will not receive communications from third parties. We do not otherwise allow those companies to collect information about you from our site, and we do not otherwise give those companies the right to collect or use personally identifiable information.

How To Review, Correct, or Delete Personally Identifiable Information

Users may review, correct, or request deletion of their personally identifiable information, and parents may review, correct, or request deletion of their children's personally identifiable information, or refuse further collection or use of their children's personally identifiable information uBoost, Inc., has collected by accessing their user account profile. Security uBoost, Inc. ensures that all personally identifiable information that it receives via the Internet is secure against unauthorized access. This information is kept in a safe and secure system. That means that no eyes but ours will ever see the information that our visitors send to us, unless we indicate otherwise.

We do not collect private information from you unless you authorize such an act by willingly giving us your information when it is requested on the uBoost website. Any information you submit to us, unless otherwise noted, is stored in a secure database. No one other than employees of uBoost, Inc. has access to the information stored in its databases. The private information that you submit voluntarily is not given or shown to any third-party companies or affiliates unless otherwise specified in our privacy policy. We take every reasonable effort to use the latest software and to update our systems to ensure that your information is safe and cannot be viewed by anyone other than authorized personnel of the uBoost, Inc.

You should note that, despite our efforts, no security measures are perfect or impenetrable.

uBoost, Inc. does not release or sell any personally identifiable information about uBoost panel members to any third party for any purpose whatsoever unless otherwise stated at the time of collection.

For Students

Remember to be smart online. Do not give out your full name, e-mail address, home address, telephone number, or any other personal information that would enable someone to contact you either online or off line, without first asking your parent or guardian for permission. Sometimes on our site we will ask you for your first name and e-mail address along with your parents' e-mail. We do this so that we can contact your parents to let them know that you have communicated with us and that we have collected this information from you.

Your Acceptance of These Terms

By using the uBoost website, you accept the conditions of our privacy policy. From time to time, uBoost may update or change its Privacy Statement. uBoost will notify you if it materially changes its practices regarding the collection, use and sharing of personally identifiable information by posting an updated statement on uBoost.com. Your continued access and use of uBoost.com after an updated privacy statement has been posted on uBoost.com constitutes your acceptance of all the changes. Your California Privacy Rights Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@uboost.com or write us at:

uBoost, Inc.

737 Bishop St. #3180

Honolulu, HI 96813

Our privacy standards are very high, and we value our relationship with our uBoost website users. If you have any questions about our privacy policy and security measures, please contact us directly at privacy@uboost.com. We hope that you enjoy exploring our website.