BoomslangIT.com is owned and operated by Boomslang IT, LLC (“Boomslang IT”, “we”,”our”,”us”). By using this Website, you agree to the terms and conditions stated in this User Agreement (“Agreement”). You acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement, and that this Agreement is a legal contract between you and Boomslang IT. If you do not agree to this Agreement, you should not use BoomSlangIT.com.
This Agreement is effective as of May 1st, 2017.
Boomslang IT strives to make your experience on this Website as enjoyable as possible, but does not make any warranties that the Website will be perfect in every way, at all times. You accept BoomSlangIT.com “as-is” and choose to use it at your own risk. BoomSlangIT.com may suffer outages in service, and may contain inaccurate, inappropriate, or possibly offensive material, and we assume no responsibility or liability for such occurrences.
The information you may see on BoomSlangIT.com (“Website”) may provide pricing, shipping, listing, and related information, but you agree that we are only reposting the information provided from other users, not directly providing it, and it is up to you to decide how to use the information in your buying and selling decisions. Boomslang IT does not have control of the information posted by buyers and sellers, and does not guarantee that the information will be accurate, safe, legal, or otherwise reliable. As the provider of a marketplace (“Marketplace”), your agreement to buy or sell from a third party on Boomslang IT is not a guarantee by Boomslang IT that the buyer can and will buy, the seller can and will sell, or that the information provided by either buyer or seller is accurate.
By entering this Agreement, you represent that you are at least 18 years old, and have the ability to form legally binding contracts, both with Boomslang IT and with buyers and sellers on BoomSlangIT.com
In addition, while using Boomslang IT’s services, you agree that you will not:
(1) Break the law;
(2) Post content or items that are inappropriate or encourage others to violate the law;
(4) Engage in price manipulation or collaborate with others to drive up the price of items;
(5) Post false, misleading, inaccurate, or deceptive information about any product;
(6) Engage in harassing, defamatory, or libelous behavior;
(7) Post spam;
(8) Distribute viruses or other malicious software, whether embedded within the Website or in the products you offer for sale;
(9) Attempt to interfere with the Boomslang IT servers to impair or incapacitate them;
(10) Infringe on the intellectual property rights of others, including Boomslang IT;
(11) Attempt to commercialize any aspect of Boomslang IT.com or the information provided by the Website, other than engaging in the authorized selling of your items in the Marketplace; or
(12) Represent that you are more than eighteen years old when you are not.
You agree that you will make every reasonable effort to complete your transactions, whether you are a buyer or seller. Boomslang IT reserves the right to suspend or terminate user accounts, at Boomslang IT’s sole discretion, if it determines that a user is not meeting a minimum standard of performance in relation to transactions.
In order to activate your account, you agree to provide Boomslang IT with a verified PayPal account. PayPal is the exclusive method of payment for Marketplace transactions, and accounts that Boomslang IT determines have not been confirmed within a reasonable amount of time will be canceled. You grant us permission to interact with PayPal to confirm that your PayPal account is genuine.
In addition to unconfirmed accounts, Boomslang IT reserves the right to cancel accounts that it determines have been inactive for an extended period of time. Boomslang IT also reserves the right to cancel any account at any time for any reason, or for no reason.
In addition to providing the Marketplace, registered Boomslang IT accounts will have access to a forums page, but Boomslang IT is under no obligation to provide forums. Boomslang IT reserves the right, without notice, to stop providing the forum service at any time. You agree, as a part of this Agreement, to follow the Forum Rules, which can be found here. The Forum Rules are incorporated as a part of this Agreement by reference, as though they were laid out in detail in this section.
Boomslang IT’s fees are available on the Boomslang IT Fees page. These fees may change, and Boomslang IT will post any upcoming changes to the Website at least 14 days in advance of the change taking effect. Boomslang IT may also run promotional pricing at times, and is not under any obligation to provide you notice of when these promotions will take place.
In order to list an item on Boomslang IT, you are required to have a verified PayPal account linked to your account. You agree to pay all taxes, fees, and any other costs associated with Boomslang IT’s services at the time they are due. If your payment method fails, we reserve the right to restrict your account, and collect fees in any legal way. If we incur additional costs collecting your past-due fees, you agree to compensate us for those expenses, including reasonable attorney’s fees. You also agree that if you are late in paying a fee to Boomslang IT, we have the right to assess a late fee in addition to any other amounts owed.
When you list an item on the Marketplace, you agree to comply with our Seller’s Rules and Policies. You are solely responsible for the information you provide, and you agree that you will provide accurate information about your listings. This includes price, shipping method and cost, ending time, item location, item quality, and item availability.
Depending on server traffic conditions, it may take several hours for your listing to appear on the Marketplace. Boomslang IT does not guarantee the exact posting time or listing duration of any item listed. While Boomslang IT will provide the ability to search for items, we do not guarantee that your item will be listed in every search result, even ones that you think it should; search results may also be affected by the type of browser being used.
You agree to only post items that are appropriate for Boomslang IT, and we reserve the right to remove any postings that we decide do not meet our standards (as listed in the Sellers’ Rules and Policies). This includes multiple postings of the same item, if we decide that you are manipulating our search engine to generate an inappropriately higher frequency of your item(s) in the results.
When you click on the purchase option and confirm the purchase of a listing, you agree that:
(1) You will comply with the Buyers’ Rules and Policies as listed on the Boomslang IT website;
(2) You are required to have a verified PayPal account linked to your Boomslang IT account;
(3) You are responsible for reading all of the information provided by the seller;
(4) You acknowledge that you are entering into a binding legal contract to purchase the item;
(5) You and the Seller are responsible for the transfer of ownership between parties – Boomslang IT is not;
(6) You will follow the Dispute Resolution Policy to resolve any disputes, if needed; and
(7) You will obey the rules set out in the Boomslang IT’s Buyers’ Rules and Policies.
Sellers may choose to allow returns refund of the item price, minus the BoomSlang IT service fee. Sellers can determine how long they will accept returns, up to 30 days from the date that payment was processed. If a buyer decides to return an item, the buyer will be responsible for any return shipping, and will be responsible for returning the item in the same condition that it was received. When the seller receives the item and confirms that the item is in the same condition as when it was shipped to the buyer, the seller will notify BoomSlang IT and a credit for the purchase price, minus the BoomSlang IT service fee that was collected upon purchase.
In order to process a return, all communication between the buyer and seller must be done through the BoomSlang IT website. If issues arise during the refund process, BoomSlang IT may help resolve any issues, but is under no obligation to do so. This refund policy is separate from the PayPal Guarantee program, and buyer and seller agree that they are responsible for compliance with all conditions and terms of the PayPal Guarantee. BoomSlang IT does not guarantee that this Return Policy will not conflict with PayPal’s purchase protection program, and You expressly agree that it is Your responsibility to determine whether use this Return Policy or a PayPal policy.
The Website may contain images, text, video, audio, and other content supplied to us by third parties that are protected by copyright laws, both in the United States and internationally. You keep the rights to your content when you post it on the Website, but you grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, which includes for our financial gain.
You agree that, by posting content to the Website, you actually own the rights to what you are posting, and that your posts do not violate international or domestic intellectual property rights laws. We respond to properly formatted Digital Millennium Copyright Act takedown notices, and our procedures are outlined in more detail on the Forum Policy, and are adopted by this Agreement as well.
Boomslang IT is not intended for users under the age of thirteen years old, and does not knowingly collect information from users under the age of 13.
We do not endorse, expressly or by implication, any content posted on the Webs by users, and we assume no liability for any user content you submit to the Website.
Abusing Boomslang IT.com
To the extent that the law allows it, Boomslang IT expressly disclaims all warranties, representations and conditions, whether express or implied, including warranties of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute (such as a state’s consumer protection statutes). Boomslang IT is not responsible for any loss, whether monetary, goodwill, reputation, or any special, indirect, or consequential damages arising out of or related to your use of Boomslang IT.com, even if you advise us that you reasonably foresee the possibility of any such damage occurring. You expressly disclaim that you are placing any reliance on any representation made by Boomslang IT. Some jurisdictions do not allow these disclaimers, so they may not apply to you. In the event that Boomslang IT is found to be liable under any legal theory of recovery, whether to you or a third party, Boomslang IT’s limit of liability to you is Fifty Dollars ($50.00).
You will indemnify and hold Boomslang IT (and our officers, agents, and employees) harmless from any claim or demand, including reasonable attorney’s fees, made by any third party that arises out of or relates to your breach of this Agreement, or your violation of any law or rights of a third party. While this applies to all uses of Boomslang IT.com, you expressly agree to the indemnity provided in this section for buying and selling items through Boomslang IT.com.
Agreement to Arbitrate
You and Boomslang IT agree that any and all disputes or claims that arise out of, or are in any way related to this Agreement or previous versions of this Agreement, your use of Boomslang IT’s services, the Forums, or any products bought or sold through the Boomslang IT Marketplace shall be resolved through final and binding arbitration. The Federal Arbitration Act, as interpreted and applied by the courts of the State of Texas governs the enforcement of this Agreement to Arbitrate.
NO CLASS ACTION, NO CONSOLIDATION
YOU AND BOOMSLANG IT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST EACH OTHER ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING, UNLESS YOU AND BOOMSLANG IT AGREE OTHERWISE. YOU AND BOOMSLANG IT FURTHER AGREE THAT THE ARBITRATION MAY NOT JOIN OR CONSOLIDATE CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF A CONSOLIDATED OR CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING, UNLESS YOU AND BOOMSLANG IT OTHERWISE AGREE. THE ARBITRATORS AWARD WILL ONLY BE AN AWARD FOR THE INDIVIDUAL WHO BROUGHT A CLAIM, AND ONLY TO THE EXTENT THAT IT PROVIDES RELIEF TO THAT INDIVIDUAL’S CLAIM(S). NO RELIEF AWARDED SHALL AFFECT OTHER USERS.
If a court determines that this provision is unenforceable, then only the claim before that court will be severed from arbitration and may be brought in court, subject to you or Boomslang IT’s appeal of the decision. Every other claim will be arbitrated. The arbitrator shall decide all issues besides whether this paragraph is enforceable, the claim is subject to arbitration, or the scope of this Agreement to Arbitrate.
What is Arbitration?
Arbitration is less formal than a lawsuit in court. Instead of a judge or jury, one or more neutral third parties (an “Arbitrator”) presides over the case, and judicial review of the Arbitrator’s decision is limited. The Arbitrator still analyzes the User Agreement in the same way a court would, except that a court may still decide whether an issue can be arbitrated, the scope of our agreement to arbitrate, and whether our Agreement to Arbitrate is enforceable. All other issues are decided by the Arbitrator.
The Arbitrator will follow the rules of the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules, as modified by the Agreement to Arbitrate in this contract. The AAA rules allow for more than one neutral party, so any reference to “Arbitrator” in this Agreement could also mean a panel of more than one arbitrator.
If you or Boomslang IT want to arbitrate a claim, notice is required to the other party. We will notify you at the mailing address you provide at registration, and you agree that this address is valid for the purposes of sending you a notice of arbitration, and you agree that you are responsible for keeping this address up to date. Your notice to us should be addressed to Richie & Gueringer, P.C. Re: Boomslang IT LLC Arbitration Requests, 100 Congress Ave, Suite 1750, Austin, Texas 78701. The notice must provide us with a description of the problem, a factual basis for bringing the claim, and what kind of relief you are seeking.
If, after 30 days, you and Boomslang IT are unable to reach a resolution, either party may initiate arbitration proceedings by contacting the AAA. All forms, rules, and other information may be found on the AAA website, . If you send in a request to AAA, you must provide us with a copy by mailing Richie & Gueringer, P.C. Re: Boomslang IT LLC Arbitration Requests, 100 Congress Ave, Suite 1750, Austin, Texas 78701. Boomslang IT will mail you its request to AAA at the current mailing address on file.
All arbitration hearings will take place in Bexar County, Texas. Either you or Boomslang IT may request that the arbitration proceedings occur by telephone/video conference or based solely on written submissions, but it is the Arbitrator’s discretion to decide whether an in-person hearing is required.
The arbitrator decides the substance of all claims in accordance with Texas law, and will honor all claims of privilege recognized by law. While the arbitrator is not bound by prior arbitration rulings that involved different users, the arbitrator is bound by prior arbitrations involving the same Boomslang IT user to the extent required by law. An Arbitrator’s award is final, binding, and judgment on the award rendered may be entered into any court with jurisdiction over you or Boomslang IT.
Payment of arbitration costs, including filing, administration, and the Arbitrator’s fees will be paid according to the AAA rules. If an arbitrator determines that your claim was frivolous, you agree that you will reimburse Boomslang IT for its costs, including attorneys fees, that it incurred because of your claim.
With the exception of the NO CLASS ACTION, NO CONSOLIDATION section, if any other provision in this Agreement to Arbitrate is determined to be unenforceable, the surviving portions of this Agreement to Arbitrate will still apply.
IF YOU ARE A NEW USER, YOU MAY REJECT THE AGREEMENT TO ARBITRATE, BUT ONLY IF YOU MAIL US YOUR WRITTEN NOTICE (THE “OPT-OUT NOTICE”). YOU MUST SENT THE OPT-OUT NOTICE WITHIN 30 DAYS OF REGISTERING FOR YOUR ACCOUNT AND ACCEPTING THE USER AGREEMENT FOR THE FIRST TIME. THE OPT-OUT NOTICE IS ONLY EFFECTIVE IF YOU MAIL IT TO RICHIE & GUERINGER, P.C. RE: BOOMSLANG IT LLC ARBITRATION OPT-OUT NOTICE, 100 CONGRESS AVE, SUITE 1750, AUSTIN, TEXAS 78701.
We have provided the Opt-Out form . The form must be signed by you and be completely filled out, including your name, full mailing address, user ID(s) and email addresses linked to the accounts that you intended to opt-out of the Agreement to Arbitrate. You agree that you are solely responsible for sending the Opt-Out Notice within the 30 day deadline. This method is the only way to opt out of arbitration, and even if you opt out, the remaining parts of the Agreement, including choice of Texas law and the forum selection clause of Bexar County, Texas, will still apply to you.
Future amendments and how it affects the Agreement to Arbitrate
You agree that any future amendments to the User Agreement, including an amendment to the Agreement to Arbitrate will be effective from the date that the amendment is effective, and will not be retroactive to any prior version of the User Agreement or the Agreement to Arbitrate.
You agree that Boomslang IT has the right to amend the User Agreement, including the Agreement to Arbitrate. If your claim arose under a previous version of the User Agreement and Agreement to Arbitrate, then the previous version will be used to determine your rights under that claim. All claims that arise after any future amendment will be subject to the terms of the future amendments to the User Agreement or Agreement to Arbitrate. If you do not agree with any amendment, you may close your account within 30 days of the effective date of the amended terms, and you will not be bound by those amended terms.
Choice of Law and Venue
If the Agreement to Arbitrate does not apply to you for any reason, you agree that all claims must be resolved by a court located in Bexar County, Texas, unless you and Boomslang IT agree otherwise in writing. You agree to submit to the jurisdiction of the courts located within Bexar County, Texas, and that Texas law shall govern all disputes between you and Boomslang IT. You agree to reimburse Boomslang IT for its costs, including attorney’s fees, if you file a lawsuit anywhere other than Bexar County, Texas and Boomslang IT successfully obtains an order from that court transferring the claim to Bexar County, Texas. This reimbursement provision does not apply to any lawsuits filed outside of Bexar County, Texas after obtaining the written agreement of Boomslang IT to do so.
Boomslang IT will send you notices at the email address you use for registration to the Website. All legal notices for Boomslang IT.com should be sent to Registered Agents Inc., 700 Lavaca St., STE 1401, Austin, TX 78701.
Entire Agreement. The terms of this Agreement, along with other terms and policies posted on Boomslang IT.com are the entire agreement between you and Boomslang IT. They supersede any prior agreements, and any conflicting ones.
Survival. If this User Agreement is terminated, the Fees, Content, Disclaimer of Warranties, Indemnity, Agreement to Arbitrate, and Choice of Law and Venue Sections survive such termination.
No Waiver. If Boomslang IT decides not to enforce a term of this Agreement, it is not a waiver of the term, and Boomslang IT reserves to enforce its rights at a later time.
Severability. If anything in this Agreement is determined to be unenforceable, the remainder of the Agreement will survive.
Amendment. Boomslang IT expressly reserves the right to make changes to this Agreement, and may do so by amending the terms of this Agreement and posting the upcoming Amended Agreement to the Website. Any updates will take effect 30 days after the update has been posted to Boomslang IT.com, and will become effective on that date. This Agreement can only be modified in writing, and requires the mutual agreement by you and Boomslang IT. We may require that you accept an Amended Agreement in order to continue using Boomslang IT.
Headings. Headings in this Agreement are for convenience and reference only.
Authority to Bind Your Company. If you use Boomslang IT to register your company, you represent that you have the authority to bind your company to this User Agreement.
No Partnership. No agency, partnership, joint venture, employee-employer relationship, or franchise relationship is created or intended by this User Agreement.
Buyer’s Rules and Policies
Boomslang IT will facilitate your transactions, but it is ultimately your responsibility to ensure that you are providing accurate, current information to receive any items you purchase from the Boomslang IT Marketplace. These policies further our goal of providing a reliable marketplace by (1) promoting transactions that follow local laws, (2) minimize your risk, (3) maintain a fair marketplace, (4) encourage repeat use of the marketplace as a satisfying place to obtain goods, and (5) protect the trademarks and copyrights of others.
Rules for buying and paying:
1) You must have accurate contact and shipping information. It is the buyer’s sole responsibility to verify that the information provided for messages and shipping is accurate.
2) Every time you click on and confirm the purchase of an item, you are entering into a binding contract to purchase the item and you’re committing to pay for it.
3) You are responsible for reading the item description. If the item you receive is not what you wanted, but it is what was described, then you will not be able to use the dispute resolution services to try to obtain a refund.
4) Only offer to buy what is offered. Like sellers, you are on the Boomslang IT marketplace to buy items here, and not somewhere else. Any effort on your part to avoid selling fees will not be tolerated.
Each listing will describe whether the Seller accepts returns for the item listed, along with the maximum amount of time after purchase that an item can be returned. If you, as a Buyer, decide to return an item for any reason not covered by the PayPal Protection program, you agree to use BoomSlang IT’s message system to process the return by communicating with the Seller. You agree that you will promptly mail the item to the Seller at your expense, and you understand that it is your responsibility to ensure that the item is mailed within the deadline to return an item. Upon receipt of Seller’s confirmation that the returned item was received in the same condition as when it was sent to you, BoomSlang IT will issue a credit to the Buyer’s PayPal account in the amount of the purchase price minus the difference of the BoomSlang IT service fee. By using this return policy, you understand and agree that BoomSlang IT is entitled to collect its service fee on your returned item, and you will not receive a full refund of the purchase price.
Customer-Driven Dispute Resolution
Before you initiate a formal dispute, you should contact the seller to see if you can reach a resolution with the seller. Do not contact other buyers, or use the Forums to try to interfere with a seller’s other listings. Be courteous, professional, and civil, and it may go a long way towards working out a dispute.
Boomslang IT provides a rating system to establish buyers’ and sellers’ reliability within the Marketplace. This system should not be manipulated by either buyers or sellers to get more out of a transaction than was advertised. Threatening to give a poor rating to make a buyer or seller do more than what was described in the listing will not be tolerated.
If you think that someone is violating the buyer or seller’s rules, visit the “Contact Us” page and provide us with a detailed description of the violation. Include as much detail as you can to assist us in identifying and correcting the problem. If you are reporting a violation, we will take it seriously, which means that we will also take it seriously if you are reporting someone to harass them. Depending on the situation (the seller’s history, the nature of the violation, etc.), we may take action, but are under no obligation to do so. If we take action, we will do so without notifying you. There will be no follow-up report given to you about any violations you report.
Incorporation into the User Agreement:
This document is a part of the User Agreement, and is subject to all of its terms and conditions.
Seller’s Rules and Policies:
General listing guidelines: Boomslang IT specializes in computer components, peripherals, and accessories for gaming enthusiasts. All listings should be related, in some way, to one of these categories. For example, a chair with built in speakers or haptics would be an appropriate listing on Boomslang IT, but your couch would not be. In addition to the category requirement, the following kinds of items and listings are not allowed on Boomslang IT:
• Illegal, or illegally obtained items (including torrented software);
• Items which encourage illegal activity (i.e. instructions on how to obtain illegal copies of software or how to compromise the security of a server);
• Items depicting adult-themed content, or contain nudity or pornography;
• Items which you do not actually have in your possession;
• Counterfeit items, or items that would enable duplication of copyrighted material;
• Offensive material, including hateful material relating to race, gender, religion, age, sexual preference, or political preference;
• Devices related to gambling, including slot machines;
• Mailing lists, or other personal information;
• Software containing viruses, malware, trojans, or any other malicious code;
• Electronically delivered gift cards and/or gift codes;
o At our discretion, we may allow listings for gift cards under $500 for which you have in your actual possession, but reserve the right to cancel any gift card auction for any reason.
PayPal required: In order to list items on Boomslang IT, you must provide a verified PayPal account.
Avoiding fees: The following actions, whether intentional or not, are prohibited because they act to avoid the payment of fees to Boomslang IT. This list is not exhaustive, and Boomslang IT reserves the right to enforce its rights to cancel and remove any listing, or suspend any account that appears to be an attempt to avoid pay fees.
• Offering to sell outside of Boomslang IT: this includes providing contact information or additional identification that would allow someone to contact you about a sale outside of the Boomslang IT Marketplace;
• Links to a third-party website/contact: in limited situations, you may provide a link to the manufacturers spec sheet, but linking to third-party retailers, your own website, or otherwise providing information to allow a buyer to contact you outside of the Boomslang IT Marketplace is strictly prohibited;
• Boomslang IT
• Additional purchases, payments, or services; your listing should only be for the item(s) sold within the listing itself; requiring other purchases, or offering add-on items outside of the Boomslang IT Marketplace is strictly prohibited; you cannot require that a purchaser signs up for a subscription to any service, nor can you require that the purchaser pay for any additional expenses (such as airfare to deliver an item);
• More than one item – choice of color/size; subject to the Marketplace’s ability to provide options (which may not be available, and Boomslang IT does not promise that it will be an option), you may list multiple varieties of the same brand of item (for example, a 128GB or 256GB hard drive made by the same manufacturer and the same series of hard drives, or USB flash drives made by the same manufacturer whose only difference is color); you may not list multiple brands (i.e. a video card or a power supply) or multiple product tiers (“professional” or “premium” vs. OEM or another “standard” tier);
Pricing Format: The sale price you list includes shipping and insurance, and you should price your items accordingly because you will not be able to charge an additional fee after the item is purchased.
PayPal Protection Compliance: All items sold through Boomslang IT are required to meet PayPal’s Protection Guarantee requirements as they are stated at the time of listing, including insurance, and any applicable signature requirements upon delivery. It is the Seller’s sole responsibility to regularly check PayPal’s requirements and to maintain compliance with any terms that may change from time to time. If Seller fails to meet any PayPal requirement, and that failure results in a loss not covered by PayPal, Seller understands and agrees that Boomslang IT is not responsible for the loss, and Seller will hold Boomslang IT harmless for any loss incurred because of Seller’s failure to comply with PayPal’s Protection Guarantee Requirements.
Returns: Each time a Seller lists an item, the Seller must select whether or not to accept returns that would fall outside of the PayPal Protection program. By allowing Buyers the option to return an item, Seller agrees to use BoomSlang IT’s message system to process the return by communicating shipping instructions and a deadline to mail the item at Buyer’s cost. Seller will promptly communicate with BoomSlang IT once an item has been returned and inspected to confirm that the item is returned in the same condition that it was sent. Upon receipt of Seller’s confirmation, BoomSlang IT will issue a credit to Buyer’s PayPal account in the amount of the purchase price minus the difference of the BoomSlang IT service fee.
Payment: PayPal is the exclusive payment method for Boomslang IT. Because all buyers and sellers are required to have a verified PayPal account, alternate methods for payment are prohibited. This restriction applies to all items, including those that can be picked up locally.
Duplicate listings:. Only one listing per item is allowed; it is an abuse of the Boomslang IT marketplace to post multiple listings for the same item to manipulate search results in your favor. If you are selling items in lots, this rule may not apply if the difference in quantities offered makes a significant difference in who will be purchasing the item (for example, a lot of 2 vs. a lot of 200);
Digital Items Made By You: All digital items, including eBooks and PDFs that you have written for informational purposes, are prohibited.
Seller’s Standards: In order to sell on the Boomslang IT Marketplace, sellers are expected to meet a minimum standard for each transaction. As a seller, you should:
· Ship items on time
· Communicate and respond to buyers, and resolve any buyer issues promptly;
· Only sell items you have in stock;
· If you process returns, you process them quickly and as your return policy states;
· Be professional from listing to delivery of an item;
· Take steps to make sure that your item is delivered as described;
Boomslang IT keeps track of your selling history, and sellers who have multiple occurrences of complaints, late shipping, negative reviews, and other indicators that the seller is not meeting the minimum standard. At Boomslang IT’s discretion, accounts that do not meet the minimum standard will be restricted or closed.
Incorporation into the User Agreement: This document is a part of the User Agreement, and is subject to all of its terms and conditions.
In addition to the marketplace provided by BoomSlangIT.com, we are also providing a forum for users to interact with each other. This Forum Policy provides you with the rules of using this service, its terms, and what we can do if you violate these terms. We want to encourage people to freely share their passion for gaming, computer builds, and showing off their latest projects in a fun, troll-free, spam-free environment. This Forum Policy is intended to promote this idea while respecting the rights of others.
This Forum Policy, as a part of the User Agreement, is a binding contract between you and Boomslang IT, LLC
(“we”, “us”, “our”). By accessing the BoomSlangIT.com forums (the “Forums”), you acknowledge that you have read, understood, and agree to be bound by the terms set in this agreement. If you do not agree, then do not use the Forums.
Our right to limit your access
We can limit your account in a number of ways without advance notice, for any reason, including violations of this agreement, the User Agreement, or any other BoomSlang IT policy. We may, either temporarily or permanently, (1) remove your ability to post to the Forums; (2) suspend all access you have to the Forums; (3) terminate your Forum Account and/or all of your BoomSlang IT accounts; or (4) remove content that you have posted, regardless of whether it violates the Forum Policy or not.
Personal, Legal Use Only
The purpose of the Forums is to create a community of computer gaming enthusiasts, and is intended only for your personal use. You should not use the Forums as an aid to breaking the law, engage in cyber-bullying, trolling, or to drum up business for yourself outside of the BoomSlang IT Marketplace. Additionally, we expect you to respect the intellectual property rights of others; posting copyrighted or other protected material that doesn’t belong to you is expressly forbidden.
No guarantees on the information provided
The information posted on the Forum, whether by other users or by us, is not guaranteed to be reliable. We take no responsibility for any posting, and are not responsible for the decisions you make after reading the Forums. This includes any reviews, opinions, build recommendations, or similar product-related Forum posts. Computer systems are complicated, delicate machines and can fail without the proper research and care. We do not take responsibility for any modifications you do based on and Forum post, and make no warranties, express or implied about any qualities of any product or configuration. You need to do the research on your own and decide for yourself whether a suggestion on the Forum us going to fry your computer.
We will try to monitor and remove posts that contain harmful advice or links, but are under no obligation to do so. We reserve the right to monitor the content posted to the Forums as we see fit, but are under no obligation to actually monitor. Simply put, the content you generate is your responsibility, and deciding whether to click through to another site or follow another user’s advice is strictly your responsibility.
If you decide to click on a hyperlink to another webpage outside of the Forums or BoomSlangIT.com, you agree that do so at your own risk. We are not responsible for the content on other web pages, even if they can be accessed through a link on the Forums.
There are a lot of ways to void your manufacturer’s warranty, and we do not endorse any of them. Your manufacturer’s warranty is a contract between you and your product’s manufacturer. You agree that we are not responsible for any modifications, including any recommended on the Forums by another user or even by us, which would void your manufacturer’s warranty. It is your sole decision whether to make a modification that may increase your performance at the cost of your warranty, and you agree not to hold us responsible for any damage to your computer equipment, or any consequential damage caused by your modifications (for example, catastrophic electrical or fire damage to your computer or anything else that catches on fire with it).
We have a Marketplace, and it isn’t the Forums
The Forums are where you go to exchange ideas about computer components, upgrades, and shared interests; the BoomSlang IT Marketplace is where you buy and sell items through BoomSlangIT.com. YOU AGREE NOT TO USE THE FORUMS TO BYPASS THE BOOMSLANG IT MARKETPLACE. This activity is a serious violation of this agreement and the User Agreement, and will result in the termination of your account and loss of access to all of BoomSlangIT’s services. We reserve the right to modify the provisions of this section to allow posts regarding products that compliment the products offered on the BoomSlangIT Marketplace, but this will be done on a case-by-case basis and is completely at our discretion whether to allow you complimentary products in the future.
From time to time we use affiliate links for related products or services. We are the only ones allowed to so, and if we do, we are not responsible for the products provided by the affiliates. You agree that you are not allowed to provide your own affiliate links without our express written permission.
The Forum may contain images, text, video, audio, and other content supplied to us by third parties that is protected by copyright laws, both in the United States and internationally. You agree not to use any of the content posted to the Forum for any commercial purpose, except as permitted by the fair use doctrine or by our express written consent.
You keep the rights to your content when you post it on the Forums, but you grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, which includes for our financial gain.
You agree that, by posting content to the Forum, you actually own the rights to what you are posting, and that your posts do not violate international or domestic intellectual property rights laws.
You agree that you will not use the Forums to distribute spam, harass people, introduce malicious code, or post anything on the Forums that would make it difficult for us to maintain the Forums, or would limit the access of others due to your content.
We do not endorse, expressly or by implication, any content that appears on the Forum, and we assume no liability for any user content you submit to the Forum.
Copyright Takedown Notices
We will respond to any genuine requests under the Digital Millennium Copyright Act (“DMCA”) to remove user content that may be infringing on the rights of someone else.
A properly formatted DMCA request is required under 17 U.S.C. § 512, and needs to contain the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all DMCA requests to our registered agent at:
Registered Agents Inc.
700 Lavaca St.
Austin, TX 78701
If someone sends us a DMCA Takedown Notice, we will notify you through the Forum messaging system to inform you that your content has been removed.
The DMCA allows you to file a counter-notice with us if you believe that your content was wrongfully taken down from a DMCA request. You will need to provide us with the following, in writing, mailed to the Registered Agent:
(A) Your physical or electronic signature.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
When we receive your counter-notice, we will forward it to the person who sent us the original DMCA Takedown notice and tell them that we will restore your content in the next 10 days. We will restore your content if we do not receive notice from the party who filed the complaint that they are filing an action in court to enjoin you from posting the material. After that time period passes, we will, at our sole discretion, decide whether to restore your content.
If a user habitually posts content that requires our DMCA Takedown procedure, we may elect to close that user’s account permanently.
You agree to hold BoomSlang IT, its officers, employees, and agents harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorney’s fees and costs, arising out of or related to your access to the Forums or to BoomSlangIT.com, your violation of the User Agreement or Forum Agreement, and/or your violation of the rights of any third party.
You agree to use BoomSlangIT.com and the Forums “as-is” and without any warranties of any kind, to the extent that the disclaimer of warranties is allowed by law. BoomSlang IT, its officers, employees, and agents disclaim any and all warranties merchantability, fitness of a particular purpose, non-infringement of proprietary rights, or any other warranty, express or implied. You agree that you are not relying on any representation made by BoomSlang IT, its officers, employees, and agents, and that you are solely responsible for any damage to your computer, mobile device, or any other device you use to access BoomSlang IT and the Forums. We do not guarantee that BoomSlang IT or the Forums will always work. Some jurisdictions do not allow these disclaimers, so they may not apply to you. In the event that BoomSlang IT is found to be liable under any legal theory of recovery, whether to you or a third party, BoomSlang It’s limit of liability to you is Fifty Dollars ($50.00).
You agree not to hold us liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages arising out of or related to this Forum Policy, the User Agreement, or your use of BoomSlangIT.com or the Forums.
You agree to release BoomSlang IT, its officers, employees, and agents from and claims, demands, or damages, of every kind and nature, whether known or unknown, disclosed or undisclosed, occurring in the future or in the past, arising in law or in equity that are in any way related to your use of BoomSlangIT.com or the Forums.
The headings in this agreement are not controlling, and are only in place for your convenience.
Entire Agreement, Governing Law, No Waiver, Survival
The terms of this agreement, along with other terms and policies posted on BoomSlangIT.com are the entire agreement between you and BoomSlang IT. They supersede any prior agreements, and any conflicting ones. The Agreement is governed by the laws of the State of Texas, and are to be performed entirely within Bexar County, Texas. You agree that any claim against BoomSlang IT that arises out of or relates to this Agreement must be brought in a court located in Bexar County, Texas. If BoomSlang IT decides not to enforce a term of this Agreement, it is not a waiver of the term, and BoomSlang IT reserves to enforce its rights at a later time. If anything in this Agreement is determined to be unenforceable, the remainder of the Agreement will survive.