TERMS AND CONDITIONS – UPDATED FEBRUARY 2, 2021
Boomer X Classics, LLC, hereinafter “Boomer X”, use a digital services platform to connect buyers and sellers and prospective buyers and sellers, hereinafter “Buyers”, “Sellers” and collectively the “Users”. Sellers use our digital service platform, hereinafter the “Platform”, to list products and Buyers attempt and/or purchase listed products. Please review the following Terms & Conditions Agreement and Privacy Policy and if you do not accept and agree to be bound legally by the terms of use, please do not use or access this Platform.
Boomer X is NOT an Auto Dealer, does NOT buy or sell products and does NOT negotiate the sales of products on its Platform. Boomer X does NOT inspect any products listed on its Platform and Boomer X does NOT legally own any of the items listed on its Platform.
Intellectual Property Ownership
Boomer X and its licensors, where applicable, shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Boomer X Platform, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform, the Boomer X technology or the Intellectual Property Rights owned by Boomer X. The Boomer X name, the Boomer X logo, and the product names associated with the Platform are trademarks of Boomer X or third parties, and no right or license is granted to use them.
Hold Harmless
Users agree to release Boomer X (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from any and all damages, losses, liabilities, costs or expenses, arising out of any dispute between Users and any other third party relating to the use of the Platform.
Users agree to indemnify and hold Boomer X (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense, including, without limitation, costs and reasonable attorneys’ and accounting fees, from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any User or third party relating to the use of the Platform and its associated content.
Third Parties
Boomer X may use 3rd party plugins and other embedded third-party integrated components on its Platform, but is not responsible for the contained content on any third-party links or content thereof.
Boomer X may also participate in third-party marketing opportunities, whereby when Users click on certain third-party links, Boomer X may earn a commission.
Arbitration Clause
Any dispute or controversy arising under or in connection with the use of this Platform shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Mojave County, Arizona and in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction; the expense of such arbitration shall be borne by the User.
Changes to the Terms of Use
Boomer X reserves the right to change the Terms of Use from time to time. Changes made will be logged at the beginning of the Terms of Use and Users’ continued use of the Platform will constitute as acceptance of any such changes.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.
User Content
Subject to Boomer X’s Privacy Policy, User agrees that Boomer X may use, copy, modify, display and distribute any information, data, materials or other content User provides to us for the purpose of using the Platform, and you hereby give us a license to do so. By submitting content, you represent that you have the right to license such content to us for the purposes set forth in this Agreement.
Responsible Use
Users shall use the Platform for lawful purposes and in accordance with applicable law. Boomer X is prohibited from storing, distributing, transmitting or posting through or to the Platform any unlawful material or any material that is obscene, hateful, profane, racist, sexually explicit, harmful to minors, or that may, in Boomer X’s opinion, be harmful to Boomer X. Boomer X may remove or modify any such material without notice or liability at any time in Boomer X’s sole discretion.
Payments
Users agree to pay any applicable fees in connection with the Platform and the Users’ intent to purchase products. Certain products that incur fees, if applicable, may be subject to additional terms and conditions presented to you at the time of purchase.
Users will accept and agree to third party payment processing terms of use, separate from Boomer X, regarding any and all payments made through third party payment processing services, if applicable.
All information that Users provide the Platform must be accurate, complete, and current. Users agree to pay all charges incurred by the use of their credit card, debit card, or other payment method committing to purchase a product on the Platform. Users also agree to pay any applicable taxes, if any, relating to the purchase of the product.
Products listed on the Platform are listed in U.S. dollars.
No Refunds
All Purchases made by Users are between Buyers and Sellers.
Seller Acknowledgement
If a User submits a product to the Platform, they are considered a Seller. The Seller is responsible for any information relating to the submitted product and has a responsibility to conduct all tasks required by a Seller, all the through the final sales process.
Buyer Acknowledgement
If a User purchases a product from the Platform, Buyer assumes all legal responsibility for all applicable government fees and/or taxes associated with the purchase.
Boomer X does not inspection the products submitted to the Platform and relies solely on the Seller to provide as much information about the product as possible. Buyers agree that Boomer X is not associated with the Seller and that the any issues that may arise will be handled between the Users.
Term and Termination
These Terms of Use apply to Users as soon as you access the Platform and will remain in effect until they are terminated.
Boomer X may, in its sole discretion, terminate User use of the Platform and/or its associated Platform Credentials without prior notice and for any reason or no reason. Users may also terminate their Platform Credentials at any time. Termination, suspension, or cancellation of this Agreement or Users’ access rights to the Platform shall not affect any right or relief that may be entitled by law to Boomer X. Upon such termination, suspension, or cancellation, all rights granted to Users will automatically terminate and immediately revert to Boomer X and shall survive in perpetuity.
Entire Agreement
These Terms of Use constitute the entire agreement between the parties, with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
Contact Information
Should you have any questions about the Terms of Use, please contact Boomer X Classics, LLC at:
Boomer X Classics, LLC
1550 Corona Drive, LHC 86403
928-302-2247
info@boomerxclassics.com