Terms of Use for Boomer Virtual LLC DBA Scale Up with Courtney

Effective Date: April 24, 2025

Last Updated: April 24, 2025

1. Introduction

Welcome to the website of Boomer Virtual LLC, doing business as Scale Up with Courtney (“we,” “our,” or “us”), located at https://scaleupwithcourtney.com (the “Website”). These Terms of Use (“Terms”) govern your access to and use of the Website, including all content, features, and services offered through it, such as virtual assistant services, tech support, system setups and builds, SEO services, marketing services, and our SMS messaging program (“Scale Up with Courtney Client Communication”).

By accessing or using the Website, you (“User,” “you,” or “your”) agree to be bound by these Terms and our Privacy Policy

If you do not agree with these Terms, you must not use the Website.

2. Eligibility

The Website is intended for users who are at least 18 years old and reside in the United States. By using the Website, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms.

3. Use of the Website

3.1 Permitted Use

You may use the Website for lawful purposes, such as:

Browsing information about our services (virtual assistant, tech support, system setups, SEO, and marketing).Submitting inquiries or signing up for services via contact forms.Opting into our SMS program (“Scale Up with Courtney Client Communication”) for transactional messages, as described in our Privacy Policy.Accessing resources or content we provide (e.g., blogs, guides, or service descriptions).

3.2 Prohibited Use

You agree not to:

Use the Website for any illegal, unauthorized, or harmful purpose.Attempt to gain unauthorized access to the Website, servers, or associated systems.Transmit viruses, malware, or any code that could disrupt or damage the Website.Copy, modify, distribute, or reproduce Website content without our prior written consent.Engage in spamming, phishing, or other abusive activities via forms or communications.Use automated tools (e.g., bots, scrapers) to extract data from the Website without permission.Interfere with the Website’s functionality or impose an unreasonable load on our servers.

4. Intellectual Property

All content on the Website, including text, images, logos, designs, and software (collectively, “Content”), is owned by or licensed to Boomer Virtual LLC and protected by copyright, trademark, and other intellectual property laws. You may not:

Reproduce, distribute, modify, or create derivative works of the Content without our written permission.Use our trademarks, such as “Scale Up with Courtney,” without prior authorization.

You are granted a limited, non-exclusive, non-transferable license to access and view the Content for personal, non-commercial use, subject to these Terms.

5. User Content

If you submit content to the Website (e.g., via contact forms, inquiries, or testimonials), you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content for business purposes, such as responding to inquiries or promoting our services. You represent that:

You own or have the right to submit such content.The content does not violate any laws or third-party rights.

We reserve the right to remove or refuse any user content at our discretion.

6. Services and SMS Program

6.1 Services

Our Website facilitates access to our services, including virtual assistant support, tech support, system setups and builds, SEO, and marketing services. Service engagements are subject to separate agreements or contracts, which will govern the specific terms of service delivery.

6.2 SMS Program

By opting into our SMS program, “Scale Up with Courtney Client Communication,” via a web form, you agree to receive transactional messages (e.g., project updates, appointment reminders). SMS use is governed by our Privacy Policy and complies with A2P 10DLC regulations. You may opt-out by texting “STOP” to our 10DLC number.

7. Third-Party Links and Services

The Website may contain links to third-party websites or services (e.g., HighLevel for SMS delivery). We are not responsible for the content, policies, or practices of these third parties. Your interactions with third-party sites are at your own risk, and you should review their terms and privacy policies.

8. Disclaimers

The Website and its Content are provided “as is” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee: The accuracy, completeness, or timeliness of Website Content.Uninterrupted or error-free access to the Website.The security of information transmitted via the Website.

9. Limitation of Liability

To the fullest extent permitted by law, Boomer Virtual LLC, its affiliates, officers, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website, including but not limited to:

Loss of data, profits, or business opportunities.

Errors or interruptions in Website functionality.

Unauthorized access to your information.

Our total liability for any claim related to the Website shall not exceed $100.

10. Indemnification

You agree to indemnify and hold harmless Boomer Virtual LLC, its affiliates, officers, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from:

Your violation of these Terms.Your use or misuse of the Website.Your infringement of any third-party rights.

11. Termination

We may suspend or terminate your access to the Website at our discretion, with or without notice, if you violate these Terms or engage in activities that harm the Website or other users. Upon termination, your right to use the Website ceases, but provisions such as Intellectual Property, Disclaimers, Limitation of Liability, and Indemnification shall survive.

12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Website shall be resolved in the state or federal courts located in Lexington County, South Carolina, and you consent to the jurisdiction of such courts.

13. Changes to These Terms

We may update these Terms to reflect changes in our practices or legal requirements. Updates will be posted at

https://scaleupwithcourtney.com/terms

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