Volley Boast, LLC
Site Terms and Conditions of Use
info@vbstage2023.wpengine.com | (+1) 250-412-5679 | www.volleyboast.com
© 2021, Volley Boast, LLC. All rights reserved
Last Revised: 01.26.2021 | Rev. 1.0
Welcome to the Volley Boast website located at www.volleyboast.com (the “Site”), which is
the property of Volley Boast, LLC (“Volley Boast” or the “Company”). Volley Boast provides
this website to you subject to the following Terms and Conditions of Use (the “Terms of Use”).
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT
USE THE SITE.
- Terms subject to Change. Volley Boastreserves the right, at any time in its sole
discretion, to change, modify, add or remove portions of these Terms of Use. Your continued
use of the Site following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with these Terms of Use, Volley Boast grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site. - Content; Restrictions on Use. (a) All text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code
(collectively, “Content”), including but not limited to the design, structure, selection,
coordination, expression, “look and feel” and arrangement of such Content, contained on the
Site is owned, controlled or licensed by or to Volley Boast, and is protected by trade dress,
copyright, patent and trademark laws, and various other intellectual property rights and
unfair competition laws.
(b) Except as expressly provided in these Terms of Use, no part of the Site and no 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, Web site or other medium for publication or distribution or for any
commercial enterprise, without Volley Boast’s express prior written consent.
(c) You may use information on Volley Boast products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by Volley Boast for
downloading from the Site, provided that you (1) not remove any proprietary notice language
in all copies of such documents, (2) use such information only for your personal, noncommercial informational purpose and do not copy or post such information on any
networked computer or broadcast it in any media, (3) make no modifications to any such
information, and (4) not make any additional representations or warranties relating to such
documents. - Permitted Use of the Site. (a) You may not use any “deep-link”, “page-scrape”,
“robot”, “spider” or other automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy or monitor any portion of the
Site or any Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Site or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through the Site.
Volley Boastreserves the right to bar any such activity.
info@vbstage2023.wpengine.com | (+1) 250-412-5679 | www.volleyboast.com
© 2021, Volley Boast, LLC. All rights reserved
Last Revised: 01.26.2021 | Rev. 1.0
(b) You may not attempt to gain unauthorized access to any portion or feature of the Site, or
any other systems or networks connected to the Site or to any Volley Boastserver, or to any
of the services offered on or through the Site, by hacking, password “mining” or any other
illegitimate means.
(c) You may not probe, scan or test the vulnerability of the Site or any network connected to
the Site, nor breach the security or authentication measures on the Site or any network
connected to the Site. You may not reverse look-up, trace or seek to trace any information on
any other user of or visitor to the Site, or any other customer of Volley Boast, including any
Volley Boast account not owned by you, to its source, or exploit the Site or any service or
information made available or offered by or through the Site, in any way where the purpose is
to reveal any information, including but not limited to personal identification or information,
other than your own information, as provided for by the Site.
(d) You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or Volley Boast’s systems or
networks, or any systems or networks connected to the Site or to Volley Boast.
(e) You agree not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Site or any transaction being conducted on the Site, or with
any other person’s use of the Site.
(f) You may not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal you send to Volley Boast on or through the Site or any
service offered on or through the Site. You may not pretend that you are, or that you
represent, someone else, or impersonate any other individual or entity.
(g) You may not use the Site or any Content for any purpose that is unlawful or prohibited by
these Terms of Use, or to solicit the performance of any illegal activity or other activity which
infringes the rights of Volley Boast or others. - Products and Services; Other Terms and Conditions. (a) Additional terms and
conditions provided elsewhere on the Site apply to purchases of products or services and to
specific portions or features of the Site, all of which terms are made a part of these Terms of
Use by this reference. You agree to abide by such other terms and conditions, including
where applicable representing that you are of sufficient legal age to use or participate in such
service or feature. If there is a conflict between these Terms of Use and the terms posted for
or applicable to a specific portion of the Site or for the purchase of any product orservice
offered on or through the Site, the latter terms shall control with respect to your use of that
portion of the Site or the specific product or service.
(b) Volley Boast’s obligations, if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided, and nothing in these Terms of
Use should be construed to alter such agreements.
info@vbstage2023.wpengine.com | (+1) 250-412-5679 | www.volleyboast.com
© 2021, Volley Boast, LLC. All rights reserved
Last Revised: 01.26.2021 | Rev. 1.0
(c) Volley Boast may make changes to any products or services offered on the Site, or to the
applicable prices for any such products or services, at any time, without notice. The materials
on the Site with respect to products and services may be out of date, and Volley Boast makes
no commitment to update the materials on the Site with respect to such products and
services. - Accounts, Passwords and Security. (a) The use of the Volley Boast Portal Service and
certain features or services offered on or through the Site may require you to open an
account (including setting up a Volley Boast ID and password). You are entirely responsible
for maintaining the confidentiality of the information you hold for your account, including
your password, and for any and all activity that occurs under your account as a result of your
failing to keep this information secure and confidential. You agree to notify Volley Boast
immediately of any unauthorized use of your account or password, or any other breach of
security. You may be held liable for losses incurred by Volley Boast or any other user of or
visitor to the Site due to someone else using your Volley Boast ID, password or account as a
result of your failing to keep your account information secure and confidential.
(b) You may not use anyone else’s Volley Boast ID, password or account at any time without
the express permission and consent of the holder of that Volley Boast ID, password or
account. Volley Boast cannot and will not be liable for any loss or damage arising from your
failure to comply with these obligations. - Privacy. By using the Site, you acknowledge and agree that Internet transmissions are
never completely private or secure. You understand that any message or information you
send to the Site may be read or intercepted by others, even if there is a special notice that a
particular transmission (for example, credit card information) is encrypted. - Links to Third Party Sites. This Site may contain links to other independent third-party
Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under Volley Boast’s control, and Volley Boast is not
responsible for and does not endorse the content of such Linked Sites, including any
information or materials contained on such Linked Sites. - Disclaimers. (a) VOLLEY BOAST DOES NOT PROMISE THAT THE SITE OR ANY
CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR
THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE
SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “ASAVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE
WITHOUT NOTICE. VOLLEY BOAST CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU
DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. VOLLEY BOAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. VOLLEY BOAST DISCLAIMS ANY AND ALL LIABILITY
FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR
info@vbstage2023.wpengine.com | (+1) 250-412-5679 | www.volleyboast.com
© 2021, Volley Boast, LLC. All rights reserved
Last Revised: 01.26.2021 | Rev. 1.0
RELATED TO YOUR USE OF THE SITE AND/OR ANY VOLLEY BOAST SERVICES. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE
REMEDY AGAINST VOLLEY BOAST FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS
TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF
THE BARGAIN BETWEEN THE PARTIES.
(b) The above disclaimer applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence
or any other cause of action.
(c) Volley Boast reserves the right to do any of the following, at any time, without notice: (1)
to modify, suspend or terminate operation of or access to the Site, or any portion of the Site,
for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable
policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as
necessary to perform routine or non-routine maintenance, error correction, or other changes. - Limitation of Liability. (a) IN NO EVENT WILL VOLLEY BOAST BE LIABLE TO YOU
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS,
OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF VOLLEY BOAST HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, VOLLEY BOAST
IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, VOLLEY BOAST’S
LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF (1) THE TOTAL OF ANY SUBSCRIPTION
OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE SITE PAID IN
THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST VOLLEY BOAST
(BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY VOLLEY BOAST PRODUCTS), OR (2)
US$200.00. - Indemnity. You agree to defend, indemnify, and hold harmless Volley Boast, its
affiliates and licensors, and each of their respective employees, officers, directors,
managers, members, shareholders, predecessors, successors in interest, agents and
representatives from and against any claims, damages, losses, liabilities, costs, and
expenses (including reasonable attorneys’ fees) arising out of or relating to any thirdparty claim concerning: (a) your use of the Site (including use by your employees, agents
and other representatives); or (b) your breach of these Terms of Use or violation of
applicable law. You will reimburse Volley Boast for reasonable attorneys’ fees, as well
as our employees’ and contractors’ time and materials spent responding to any third
party subpoena or other compulsory legal order or process associated with third party
claims described in (a) and (b) above at their then-current hourly rates.
info@vbstage2023.wpengine.com | (+1) 250-412-5679 | www.volleyboast.com
© 2021, Volley Boast, LLC. All rights reserved
Last Revised: 01.26.2021 | Rev. 1.0 - Violation of these Terms of Use. (a) Volley Boast may disclose any information we
have about you (including your identity) if we determine that such disclosure is necessary in
connection with any investigation or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing injury to or interference
with (either intentionally or unintentionally) Volley Boast’s rights or property, or the rights or
property of visitors to or users of the Site, including Volley Boast’s customers. Volley Boast
reserves the right at all times to disclose any information that Volley Boast deems necessary
to comply with any applicable law, regulation, legal process or governmental request. Volley
Boast also may disclose your information when Volley Boast determines that applicable law
requires or permits such disclosure, including exchanging information with other companies
and organizations for fraud protection purposes.
(b) You acknowledge and agree that Volley Boast may preserve any transmittal or
communication by you with Volley Boast through the Site or any service offered on or
through the Site, and may also disclose such data if required to do so by law or Volley Boast
determines 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 any such data violates
the rights of others, or (4) protect the rights, property or personal safety of Volley Boast, its
employees, users of or visitors to the Site, and the public.
(c) You agree that Volley Boast may, in its sole discretion and without prior notice, terminate
your access to the Site and/or block your future access to the Site if we determine that you
have violated these Terms of Use or other agreements or guidelines which may be associated
with your use of the Site. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable harm to Volley
Boast, for which monetary damages would be inadequate, and you consent to Volley Boast
obtaining any injunctive or equitable relief that Volley Boast deems necessary or appropriate
in such circumstances. These remedies are in addition to any other remedies Volley Boast
may have at law or in equity.
(d) You agree that Volley Boast may, in its sole discretion and without prior notice, terminate
your access to the Site, for cause, which includes (but is not limited to) (1) requests by law
enforcement or other government agencies, (2) a request by you (self-initiated account
deletions), (3) discontinuance or material modification of the Site or any service offered on or
through the Site, or (4) unexpected technical issues or problems.
(e) If Volley Boast does take any legal action against you as a result of your violation of these
Terms of Use, Volley Boast will be entitled to recover from you, and you agree to pay, all
reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to
Volley Boast. You agree that Volley Boast will not be liable to you or to any third party for
termination of your access to the Site as a result of any violation of these Terms of Use. - Governing Law; Dispute Resolution. You agree that all matters relating to your access
to or use of the Site, including all disputes, will be governed by the laws of the United States
info@vbstage2023.wpengine.com | (+1) 250-412-5679 | www.volleyboast.com
© 2021, Volley Boast, LLC. All rights reserved
Last Revised: 01.26.2021 | Rev. 1.0
and by the laws of the State of Texas without regard to its conflicts of laws principles. You
agree that the federal and state courts sitting in Harris County, Texas will have exclusive
jurisdiction over any claim, or dispute or controversy (whether in contract, tort or
otherwise) against Company, its agents, employees, successors, assigns or affiliates
arising out of or relating to your access to and use of the Site. You agree and consent to
the jurisdiction of the state and federal courts in Houston, Harris County, Texas, and
waive any objection that such courts are an improper or inconvenient venue or forum
for such disputes. Unless otherwise prohibited by law, we and you each agree to waive
the right to trial by jury and any such trial will be tried exclusively as a bench trial before
the judge of the court in which the matter is pending at the time of trial. - Void Where Prohibited. Volley Boast administers and operates
the www.volleyboast.com Site from its location in Houston, Texas USA. Although the Site is
accessible worldwide, not all features, products or services discussed, referenced, provided or
offered through or on the Site are available to all persons or in all geographic locations, or
appropriate or available for use outside the United States. Volley Boast 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. Any offer for any feature, product or service made on the Site is
void where prohibited. If you choose to access the Site from outside the United States, you
do so on your own initiative and you are solely responsible for complying with applicable local
laws. - Miscellaneous. (a) You may not use or export or re-export any Content or any copy or
adaptation of such Content, or any product or service offered on the Site, in violation of any
applicable laws or regulations, including without limitation United States export laws and
regulations.
(b) These Terms of Use contain the entire agreement and understanding between you
and Volley Boast with regard to your use of the Site, and any and all other written or oral
agreements or understandings previously existing between you and Volley Boast with respect
to such use are hereby superseded and cancelled. No provision of these Terms of Use may
be waived, modified, altered or amended except by a written instrument signed by
Volley Boast. Volley Boast’sfailure to insist on or enforce strict performance of these Terms
of Use shall not be construed as a waiver by Volley Boast of any provision or any right it has to
enforce these Terms of Use, nor shall any course of conduct between Volley Boast and you or
any other party be deemed to modify any provision of these Terms of Use. Volley Boast will
not accept any counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. If any covenant, term or provision of these Terms of Use is
deemed to be contrary to law, that covenant, term or provision will be deemed
separable from the remaining covenants, terms and provisions and will not affect the
validity, interpretation or effect of the remainder of these Terms of Use. These Terms of
Use do not expressly or implicitly provide any third party with any remedy, claim,
liability, reimbursement, cause of action, or other right or privilege. When reference is
made in these Terms of Use to a Section, such reference shall be to a Section of these
info@vbstage2023.wpengine.com | (+1) 250-412-5679 | www.volleyboast.com
© 2021, Volley Boast, LLC. All rights reserved
Last Revised: 01.26.2021 | Rev. 1.0