Boost has established this website to facilitate Boost's provision of transportation and associated services for children ("Boost Services").
Boost values the privacy of our users and others who visit and use BoostbyBenz.com and its associated products and services (the "Boost Site") (collectively or individually, "Users"). This statement governs information you provide to us or that we learn from your use of the Boost Site and tells you how we may collect, use, and in some instances share this information.
We have implemented procedures to avoid collecting, using or disclosing personal information of children under 13 years of age without the consent of their parent or guardian. We limit the collection of personal information about children under 13 on our Site to that which is reasonably necessary to enable them to participate in the activities that we offer on our Site.
What Information Does Boost Collect From Me?User Provided Information: You may provide to Boost what is generally called "personally identifiable information" when you register your child for services, including your name, email address, postal mailing address, home/mobile telephone number, fax number, credit card number and billing information ("User PII"). Submission of this information is part of completing registration of your child for Boost's Services ("the Boost Registration Process").
"Cookies" Information : When you visit the Boost Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer. Boost may use both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Boost Site. These persistent types of cookies can be removed, but each web browser is slightly different, so please look through your browser "Help" file to learn the best way to modify persistent cookies. Please note that disabling cookies may prevent you from accessing some of the features of the Boost Site.
"Automatically Collected" Information: When you visit the Boost Site or open one of our HTML emails, we may record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons." This "automatically collected" information may include your Internet Protocol address ("IP Address"), web browser type, the web pages or sites that you visit just before or just after the Boost Site, the pages you view on our site, and the dates and times that you visit.
What Information Does Boost Collect About My Child?You will also provide personally identifiable information regarding your child ("Child's PII"), including your child's name, birth date, photograph, postal mailing address, and home/mobile telephone number, when you complete the Boost Registration Process.
If you, as your child's parent/guardian, decide that you do not wish to consent by completing the Boost Registration Process, you may decline completing the registration forms and consent. Should you, as your child's parent/guardian initially consent to their child's registration by completing the Boost Registration Process, you can cancel that consent at any time and request deletion of your child's personal information by emailing such a request to Boost at MissionControl@BoostbyBenz.com.
Boost does not knowingly collect information from children except as provided by parents to use the transportation services provided by Boost ("Boost Services"). YOU MUST BE 18 YEARS OF AGE TO ACCESS THE BOOST WEBSITE AND PROVIDE ANY INFORMATION ABOUT YOURSELF.
Review of Information Provided About a Child: If you want to review the information you have provided about your child at the Boost Site, you may send an email to MissionControl@BoostbyBenz.com. When making a written request to review such information, please be sure to include your email address and telephone number where we can reach you. To protect your child's privacy and security, we will take reasonable steps to verify your identity before granting you access to the personal information that you provide and we maintain about your child.
How Does Boost Use Information That Is Provided?Child's PII: When you, as your child's parent/guardian, submits your child's personal information as specified above, it will be used only for the purpose of providing Boost Services.
User PII and Information: Boost uses the information that we collect to provide you all of the features and services offered on the Boost Site. If you provide your email address, we will use it, without further consent, to inform you of major site updates and for promotional and marketing purposes for Boost products and services.
Boost may use all of the information that we collect from Users to understand usage trends and practices to improve the Boost Site, and to create new features.
Boost may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Boost Site; (b) provide custom, personalized advertisements, content, and information; (c) monitor the effectiveness of our marketing campaigns.
When Does Boost Disclose Information?Boost neither rents nor sells User PII or your Child's PII. The disclosure of information described below applies only to User PII.
For limited purposes, Boost may disclose both User PII and automatically collected information to affiliated companies or other businesses or persons to process such information on our behalf, such as to provide website hosting, maintenance and security, to offer features on the Boost Site, to assist us in improving the Site, and to create new features. Boost ASSUMES NO RESPONSIBILITY FOR THE ACTIVITIES OF SUCH THIRD PARTY PROVIDERS.
We may also share automatically collected and other aggregate non-personally-identifiable information with certain third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Boost Site.
We will not share User PII with other third-party organizations for their marketing or promotional use without User consent or except as part of a specific program or feature for which Users opt in to participate.
What About the Safety of My Profile and Account?To use Boost's Services, you will be required to establish a User Profile, including the creation of a username and password. Once you have done so, you have access to your personal information and you may amend or delete your information at any time.
YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR PASSWORD AND THE ACCOUNT INFORMATION STORED IN YOUR USER PROFILE.
What About My Child's Personally Identifiable Information?Boost requires your consent as a parent to enroll your child in Boost's Services and by providing your Child's PII, you are providing consent for Boost to use this information in order to provide Services to you and your child. No part of the Boost Site is directed to persons under 13, and Boost will never knowingly request any PII directly from any person under 13.
If you are under 13 years of age, you may not access the Boost Site or provide personally identifiable information, and please do not access the Boost Site for any purpose.
How Will You Protect and Secure My and My Child's Personally Identifiable Information?Boost limits the number of employees who have access to the databases that contain personal information, and Boost employees are advised of the importance of confidentiality. In addition, it is our policy to never send full credit card numbers via email.
We designed the Boost Site to accept orders only from browsers that permit communication through Secure Socket Layer (SSL) technology. Browsers that do not meet this requirement will be prevented from completing the Boost Registration Process. While we implement the above security measures on our Websites, you should be aware that 100% security is not always possible.
If Boost learns of a security breach with regards to User or your Child's PII, then we may attempt to notify you so that you can take appropriate protective steps. By using the Boost Site or providing User PII and Child's PII to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Boost Site. Boost may post a notice on the Boost Site if a security breach occurs. If this happens, you will need a web browser enabling you to view the Boost Site, and Boost may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us via email at MissionControl@BoostbyBenz.com with your request specified in the body of the email.
What if Boost Merges With or Is Sold to Another Entity?If Boost should ever file for bankruptcy or have its assets sold to or merge with another entity, information Boost receives from you through the Boost Site is a Boost asset and may be transferred. You acknowledge that such transfers may occur, and that any acquiror of Boost may continue to use your User PII and your Child's PII as set forth in this policy.
International UsersIf you are visiting the Boost Site from a location outside of the United States, your connection will be through and to servers located in the United States, your completion of the Boost Registration Process will be accepted and processed in the United States, and information that you provide will be processed and maintained by us in our Web servers and internal systems located within the United States.
I hereby acknowledge that I have voluntarily applied to use concierge and transportation services for my child(ren) including, but not limited to, the motor vehicle transportation of my child(ren) to and from school and to after-school activities (hereinafter referred to as "Services") provided by Mercedes-Benz Research & Development North America, Inc. dba Boost℠. Through my use of the Services, my child(ren) will participate in the Services.
In consideration of the Services of Mercedes-Benz Research & Development North America, Inc. dba Boost℠, their agents, owners, affiliates, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Boost"), I, for myself and my Child participating in the Services, hereby agree to release and discharge Boost, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as follows:
1. Acknowledgment of Risk: I recognize the fact that there are dangers, inherent and otherwise, which may or may not be expressed in this document, by virtue of the fact that Boost's Services involve motor vehicle transportation. These dangers include, but are not limited to serious injury, disability, or death and I understand that no amount of care, caution, instruction or expertise can eliminate these dangers. I also recognize the fact that using Boost's Services involves physical movement. As is the case with all physical activity, risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.
2. Assumption of Risk: In recognition of the known and unknown risks of the above activities, I confirm that my Child is physically and mentally capable of participating in Boost's Services and riding in a motor vehicle. I understand that if my Child's mental or physical condition changes after the execution of this release such that s/he is not capable of participating in Boost's Services or riding in a motor vehicle, I am obliged to inform Boost immediately. On behalf of myself and my Child who is participating, I expressly agree and promise to accept and assume all of the risks existing in my use and my Child's participation in Boost's Services, including the risks of injury or death. My use of Boost's Services for my Child is purely voluntary, and I elect for my child to participate in spite of the risks.
3. Release Provision: As lawful consideration for being permitted by Boost to use its Services, I understand and agree that I am assuming full responsibility for any and all death, illness, injury, disability, and property damage and/or loss that I or my Child may suffer or cause, in connection with any and all activities in which I use at Boost or under Boost's supervision, or use of Boost vehicles, including, but not limited to death, illness, injuries or property damages and/or loss arising from, among other things, (a) negligence or carelessness on the part of Boost, including, but not limited to, negligent supervision, negligent rescue operations, dangerous or defective equipment or property owned, maintained or controlled by Boost, or because of liability without fault, even if caused by the actions or omissions of others, and/or (b) equipment, facilities, and other hazards or conditions.
I understand that this release includes all claims against Boost arising from its ordinary negligence, but that it does not include claims arising from Boost's gross negligence.
I agree this release constitutes a complete release, discharge and waiver of any and all actions or causes of action (other than those arising from gross negligence), against Boost, arising in connection with my use of Boost's Services. I agree that I, my children, my parents, my heirs, assigns, personal representatives, guardians and estate will not make a claim against, sue, attach the property of, or prosecute Boost, for injury or damage resulting from negligence or other acts, howsoever caused, by Boost, as a result of my use and my Child's participation in the Services. I therefore covenant and agree not to initiate a lawsuit against Boost.
4. Indemnity Clause: To the extent permitted by law, I hereby agree to indemnify and hold harmless Boost from any and all liabilities or claims made by other individuals or entities as a result of any of my or my Child's actions or any failure of any equipment I or my Child uses at, or I bring to, Boost, while I am engaged in using any of Boost's Services, including any litigation, expenses, attorney's fees, loss, liability, damage or cost which may occur as a result of any such claims. Should Boost be required to incur attorneys' fees and costs to enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs.
5. Continuation of Agreement: I understand and agree that this release, to the maximum extent allowed by law, will have the effect of releasing, discharging, waiving, on my own behalf and on behalf of my minor children, survivors, assigns, heirs and estate and forever relinquishing any and all actions or causes of action that I may have or have had against Boost whether under statutory or common law existing now or in the future, whether past, present or future, whether known or unknown, and whether anticipated or unanticipated by me, or arising out of my Child's participation in Boost's Services. I fully understand that I cannot hereafter make further claims or seek any further recovery of any nature whatsoever against Boost, based upon, arising out of, or in connection with my or my Child's use of Boost's Services, and I hereby expressly waive all future unknown claims caused by, or alleged to be caused by, any act or omission by Boost, other than those arising from gross negligence.
6. Release of Owner: Each and every release, waiver and indemnification of Boost provided in this agreement shall also apply, with equal force and effect, as a release, waiver and indemnification of the owner of the property in which the facilities of Boost are located.
7. California Civil Code Concerning Release of Liability for Unknown Claims and Liability for Ones Negligent Acts or Omissions: I am aware of and specifically waive the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." I am aware and specifically waive on my behalf and on behalf of my child, as applicable, any claims which I did not know existed or did not suspect to exist in my favor or Child's favor, as applicable, at the time of executing this release, which if had been known to me would have materially affected me signing this Release of Boost's liability. I am aware of and specifically waive the provisions of California Civil Code § 1714, which provides in pertinent part as follows: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person …"
8. Governing Law, Jurisdiction and Severability of Provisions: This Waiver and Release of Liability shall be governed by California law and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. In the event that I file a lawsuit against Boost, I agree to do so solely in the state of California. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect.
9. Rules: I have read the Boost 'Rules of the Road' with my Child and s/he agrees to abide by them.
10. Photo and Video Release: I understand that Boost may use video cameras and digital photography for promotion of its Services. I agree that Boost may use these recordings in any way including, but not limited to, placement with social media, marketing, and as evidence in any litigation, and I agree to the publication of such recordings in these forums. I further acknowledge that since participation in the programs offered by Boost is voluntary, neither my Child nor I will receive financial compensation. I further agree that participation in any Boost Services confers no rights of ownership whatsoever over any images that may result.
11. Collection of Specified Information: In compliance with the Children's Online Privacy Protection Act, including 2013 amendments thereto, I consent to collection of certain specified information regarding my child, including personal information including full name, home address, birth date, and email address, which will be collected when I enroll my Child for Boost Services.
12. Risks Understood by Child: I have discussed the risk of Boost Services with my Child who understands these risks. I have also discussed the importance of following the Boost 'Rules of the Road.'
13. Entire Agreement: This document constitutes entire agreement between the parties and it cannot be changed or modified except in writing.
BY ELECTRONICALLY SIGNING THIS DOCUMENT (CLICKING SAVE & CONTINUE AND CONFIRMING NAME ON BOOSTBYBENZ.COM), I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY CHILD(REN)'S USE OF BOOST SERVICES, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST BOOST ON THE BASIS OF ANY CLAIM WHICH I HAVE RELEASED HEREIN.
IT IS MY INTENTION TO EXEMPT AND RELIEVE MERCEDES-BENZ RESEARCH & DEVELOPMENT NORTH AMERICA, INC DBA BOOST, AND THEIR AGENTS, OWNERS, AFFILIATES, OFFICERS, VOLUNTEERS, PARTICIPANTS, and EMPLOYEES, FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH .
I HAVE CAREFULLY READ ALL PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND BOOST AND AFFILIATED PARTIES AND I SIGN IT OF MY OWN FREE WILL ON BEHALF OF MYSELF AND MY MINOR CHILD PARTICIPANT IN BOOST'S SERVICES.