By accessing and using the Service, you, our esteemed Customer, enter into an Agreement with Revved Digital LLC,, its affiliates, and subsidiaries (namely, TourBoost by Revved Digital). Together, we establish a steadfast partnership committed to delivering exceptional service. These Terms and Conditions of Use serve as a binding agreement that governs your use of the Service.

Introduction:

By accessing the website https://trytourboost.com/ (referred to as the “Site” or “Website”), submitting information, or using the Service, you agree to these Terms. You also consent to the collection, use, and disclosure of information as described in these Terms and our Privacy Policy, which is part of these Terms.

The Company provides a platform for website development and hosting. We reserve the right to revise these Terms, including the Privacy Policy, at our sole discretion and at any time. It is your responsibility to stay informed of the current Terms when accessing or using the Site.

We will notify you of any significant changes via email to the address you provide during sign-up. Please check your inbox and ensure our messages aren’t directed to the spam folder. You will be considered notified upon email delivery confirmation, and your continued use of the Services after any changes to this Agreement indicates your acceptance of such changes.

These Terms shall govern the use of any new features that enhance or augment the current Services, including the release of new Company Services.

General Terms

To use our Service, you must be at least eighteen (18) years old and have the authority to enter into these Terms. Please ensure compliance with applicable laws, including copyright laws. You are prohibited from reproducing, selling, or exploiting any part of the Service without written permission.

The Service may involve unencrypted transfers and technical adaptations. Do not transmit any harmful code. Do not interfere with the proper functioning of the Service.

We reserve the right to monitor, terminate, or suspend your Account without notice for violation of these Terms or if it poses a risk to the Company. Termination or suspension is at our discretion and we are not responsible for any losses or expenses.

The Service may utilize third-party features and hosting partners. By using the Service, you agree to indemnify the Company for any losses arising from your data, use, or violation of these terms.

Please note that not all customization requests may be feasible due to resource constraints or desired delivery timeframes.

Privacy Laws

By using our Service, you acknowledge and understand that any personal information, emails, and customer data you provide to us or collect through your use of our Service have been obtained lawfully in accordance with applicable privacy laws, including the General Data Protection Regulation (GDPR). We want to emphasize that it is your responsibility to comply with privacy laws, and we cannot be held accountable for any failure on your part. Rest assured that we are committed to using the data we collect solely for the purposes outlined in our Privacy Policy. Our utmost priority is to ensure the security of your data and fulfill our obligations in that regard.

Term & Termination

This Agreement becomes effective upon placing an order for Services and remains in force until terminated. Either party may terminate this Agreement immediately by providing written notice to the other party. This Agreement terminates if either party fails to fulfill a significant obligation outlined herein and does not rectify the breach within twenty (20) days of receiving notice.

The Company may terminate this Agreement under the following circumstances: if the Customer fails to make any required payments; if the Customer hinders the Company’s ability to perform the Services or fails to cooperate; if the Customer includes adult, illegal, immoral, or improper material on their website; if the Customer includes material that infringes on third-party intellectual property rights on their website.

Service & Hosting Terms

Upon payment of the Initial Fee, we will set up and customize the website based on the Customer’s specifications. Once the initial customization is complete and the site has been transferred to the Customer’s primary domain, they will have the ability to update and manage their website’s content through their administrative dashboard. Please note that the customized website will only be hosted on our servers and cannot be transferred to a third-party hosting provider. Additionally, we do not support the installation of third-party plugins or products on our network. If the Customer wishes to use third-party features, they will need to install them on their own. However, we can provide options for embeddable third-party scripts on the front end, although we cannot guarantee their functionality.

For custom-designed websites, we will closely collaborate with the Customer through three (3) rounds of revisions without any additional fees. However, if there are changes to the project scope or if work needs to be redone, such as a logo change or a substantial modification to the original agreed-upon scope, we reserve the right to charge additional fees for the labor involved. For a comprehensive list of work that falls outside the scope of our site setup process and the schedule of labor rates, please refer to Appendix A and B.

Please be aware that we do not actively monitor the content of our Customer’s websites. However, it is crucial for the Customer to ensure that their customized website does not include any content that infringes upon the intellectual property of others, such as copyrighted text, copyrighted images, and trademarks.

Our hosting service includes 400Mb (megabytes) of storage space for text, documents, and pictures. Uptime checks are allowed under the following conditions:

1. Maximum of 1 uptime “check” request per 5 minutes, per site
2. ALL uptime checks MUST use the URL: https://mydomain.org/am-i-up
3. NO OTHER URLs are permitted for uptime checks
4. Uptime checks that do not meet these requirements may be throttled or blocked. Throttled checks may incorrectly appear as downtime in your uptime check.
5. Uptime checks and bots MUST NOT set a Cache-Control header to bypass cache.

Our commitment to you is a guaranteed 99% website uptime every month. You can rest assured that any scheduled maintenance time of fewer than five hours per month will not be included in the downtime calculation.

While we do not provide email hosting solutions, we are here to help you configure and ensure the functionality of your existing email setups on your customized website. If you need assistance configuring your emails on third-party servers, please note that there may be temporary downtime for your email service. By proceeding, you agree to hold us harmless for any such events.

Additionally, we reserve the right to display a link, including a linked image, to our websites, including but not limited to: https://trytourboost.com/.

Disclaimer & Warranties

The Company does not provide any guarantee regarding the accuracy, completeness, reliability, currentness, or error-free nature of the Service or any information provided, regardless of its source. The Company disclaims all liability for any inaccuracies, errors, or omissions in the Service. The Service and any third-party software and services are provided “as is,” without any warranties whatsoever. The Company and such third parties explicitly disclaim all express, implied, and statutory warranties to the fullest extent permitted by law, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. This includes any warranties regarding the security, reliability, timeliness, and performance of the software or service and such third-party software or services.

You acknowledge that it is your responsibility to keep a backup copy of any content you upload or transmit through the Service, and the Company will not be held liable for any content loss.

You are prohibited from uploading or transmitting through the Site any material that violates or infringes upon the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. This includes any material that contains harmful formulas, recipes, or instructions, or that encourages conduct that would constitute a criminal offense or give rise to civil liability, or that violates any law.

Any testimonials or examples shown on the Company’s Website are merely illustrative and do not guarantee any specific outcomes. The Company does not make any representations regarding the future results that may be achieved through the use of the Service.

Intellectual Property Rights

The hosting of the company website is limited exclusively to our company’s servers. The customer is not authorized to transfer the website to another hosting provider. The company retains all intellectual property rights, including copyrights, for the website, even if this agreement is terminated. Prior written consent is required for any use or modification of the intellectual property. This agreement does not transfer ownership or rights to any intellectual property of the company to the user, unless specifically stated.

All data, text, and images uploaded by the customer onto the website remain the customer’s property. You confirm that all content you upload and/or transmit through the service is lawfully owned by you. You acknowledge that you have the copyright or proper permissions for all content and images uploaded and/or transmitted through the service. The company disclaims liability for any copyright claims against your content. If you believe that material on our site infringes on your copyright(s), please notify us by submitting a Digital Millennium Copyright Act (DMCA) notice. Upon receipt of a valid notice, we will investigate, remove the material, and make a good faith effort to contact the user who uploaded the material via email.

Disclaimer of Warranties

The Company ensures that its Services will be carried out by highly skilled professionals in accordance with industry standards. This Agreement, along with any reports, opinions, deliverables, work products, documents, or other materials, does not include or imply any additional representations, express or implied warranties, or guarantees. Moreover, there is no assurance regarding the effectiveness or value of any website, customized website, or hosting service.

This section sets forth the exclusive warranties provided by the Company for the Services and related work products. These warranties explicitly supersede all other warranties, whether express or implied, including but not limited to fitness for a particular purpose, merchantability, non-infringement, title, or any others. The Company does not guarantee the placement of the customer’s website on search engines.

The Company exclusively offers services to its customers. All software, information, content, materials, files, databases, archives, techniques, programs, or any other tools or data used for the creation and utilization of the customized website services and hosting service remain the sole property of the Company and will not be transferred to customers. Customers may only utilize the services of the Company within the Company’s servers and infrastructure.

Limitation of Liability

By utilizing the Site or Services, you acknowledge and agree that we shall not be held liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages. This includes damages arising from any performance failure, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure. Moreover, we are not accountable for any loss of revenue, anticipated profits, business, savings, goodwill, or data, or for any third-party theft, destruction, unauthorized access, alteration, or use of your information or property. This applies regardless of our negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. Kindly note that our liability is subject to the fullest extent permitted by law and may be limited in states that do not allow the exclusion or limitation of liability for damages. Our cumulative liability to you shall not exceed the total fees you paid to us in the twelve (12) months prior to the action. Be assured, we have considered the possibility of damages and have optimized our approach accordingly.

Third Party Resources

The Site and/or Service may include links to websites and resources provided by third parties. Please note that we are not responsible or liable for the availability, accuracy, content, or policies of these third-party websites or resources. The inclusion of any links does not imply endorsement or affiliation with the Company. It is your sole responsibility to use these websites or resources at your own risk, and we assume no liability for any consequences that may arise.

Release of Claims

Under no circumstances shall the Company be held liable to any party for any form of direct, indirect, special, incidental, or consequential damages arising from the use of or reliance on our Service. By accepting these terms, you release the Company from any and all claims, including those pertaining to personal or business disruptions, misapplication of information, or any other losses, circumstances, or concerns.

Indemnification

The Customer shall protect, defend, and hold the Company harmless from any liability, damage, loss, or expenses (including reasonable attorneys’ fees and litigation costs) incurred or imposed on the Company due to any claims made by first, second, or third parties. These claims may arise from the use of any Company Technology or Joint Technology, or from the production, use, or sale of any product, process, or service authorized by the Company under this Agreement. This indemnification covers all legal theories of liability, including but not limited to tort, warranty, or strict liability. The Customer’s obligation to indemnify the Company extends to the Company, its Affiliates, and their Sublicensees.

Governing Law & Dispute Resolution

These Terms (and any additional rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

If any provision of this Agreement is or becomes invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall remain unaffected and in full force and effect.

In the event that a dispute is not resolved through good-faith negotiation between the parties, any controversy or dispute arising from this Agreement will be submitted to the American Arbitration Association. The arbitration shall take place within ninety (90) days from the date of the initial arbitration demand, either in Los Angeles, California or via telephone.

The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process, ensuring that it is completed within the ninety (90) day period.

The written decision of the arbitrators, which will include the payment of costs, including attorneys’ fees, shall be binding and conclusive. It shall not be subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, as a judgment of law or decree in equity, as circumstances may indicate.

Assignment

These Terms apply to and benefit the successors and assigns of the parties involved. You are not allowed to assign, delegate, or transfer these Terms. Any attempt to transfer, assign, or delegate by you will be considered invalid. The Company reserves the right to transfer this Agreement without written permission from the Customer.

ADA Compliance

The Customer acknowledges and agrees to assume full responsibility for complying with the Americans with Disabilities Act of 1990 (ADA). To assist the Customer in achieving ADA compliance, the Company offers an ADA compliance add-on. While the Company endeavors to keep the tool updated with evolving laws and regulations, it is important to note that the add-on does not serve as a substitute for legal advice or guarantee ADA legal compliance.

Ensuring compliance with ADA regulations rests solely with the Customer. By agreeing to these terms, the Customer holds the Company harmless from any liability, legal action, claims, suits, or other issues arising from ADA claims or violations.

Notice

Any notice provided in relation to this Agreement must be in writing and sent by the sender to the recipient’s specified physical or email address as stated in this Agreement. Additionally, the recipient may notify the sender of any updated address for the purposes of this Agreement. Delivery of notices is deemed as follows: if sent by post, it is considered delivered 5 Business Days after posting; if delivered by hand, it is considered delivered on the date of delivery; and if sent by email, it is considered delivered as soon as the sender’s computer receives a report of error-free transmission to the correct email address. Notice to the Company shall be sent to: team@revved.digital, as stated in this clause.

Entire Agreement; Waiver; Headings

This Agreement represents the comprehensive and exclusive understanding between you and the Company concerning the Site and Service. It supersedes any prior or contemporaneous agreements, representations, or understandings between us. The Company’s waiver of any provision in this Agreement does not imply a waiver of any other provision, regardless of similarity, nor shall any waiver be considered ongoing. A waiver is only binding if it is executed in writing by the Company.

The subject headings included in this Agreement are provided for convenience only and do not affect the interpretation or construction of any provision. If you have any questions or concerns about these Terms, please contact us via email: team@revved.digital.

Updated: October 2023.

TourBoost is Operated by Revved Digital

TourBoost by Revved Digital is a suite of marketing, website design, and advertising solutions designed specifically for tour guides and tour operators that is managed by Revved Digital, a marketing agency with a website located at https://revved.digital/. Any questions about this Terms of Service should be addressed to team@revved.digital.

Appendix A: Out of Scope Work

The following is a list of tasks that are considered ‘outside the scope’ of an TourBoost by Revved Digital site setup:

Site Imports or Migrations:

If the client wants to migrate an existing site or its content to the TourBoost by Revved Digital website being created, the Customer and Company must discuss and plan a strategy beforehand. Each migration is unique and may vary in complexity.

301 Redirects:

To ensure a smooth transition when moving from one website host to another, implementing 301 Redirects is considered a Google ‘best practice’. This helps preserve most of the previous site’s SEO value.

Extra Pages / Widgets / Sidebars / Custom Page Formatting:

If the Client requests additional ‘specialty’ pages that require customization within the site, the Company will make an effort to accommodate. However, please note that additional fees may be quoted for high volume requests.

Appendix B: Rates

1. Data Entry: Refers to manual input of data. Rate: $25.00 per hour.
2. General Labor: Relates to non-programming tasks. Rate: $50.00 per hour.
3. Landing Page Customization / Interior Page Design: The overall ‘design’ rate includes customization of landing pages. Rate: $150.00 per hour.
4. Coding / Custom Work Labor: Refers to programming tasks. Rate: $200.00 per hour.
5. Add-ons: Costs vary. Please visit https://trytourboost.com/features/addons/to verify add-on fees.