Terms & Conditions
Welcome to Boomerang the trade name for 2point0, Inc., and/or its affiliates (“Boomerang”) we appreciate your business. The following Agreement sets forth the terms and conditions of use.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING THE LEGALLY BINDING RELATIONSHIP YOU ARE ENTERING INTO WITH BOOMERANG AND DESCRIBES YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THIS AGREEMENT MAY BE MODIFIED OR AMENDED FROM TIME TO TIME, AND IS A BINDING CONTRACT BETWEEN YOU (“YOU”) AND BOOMERANG.
You, is understood to be that person identified in your user account. You agree that all information entered by You is accurate, truthful, and correct and that Boomerang may rely on that information provided in all respects and assumes no liability for errors or omissions. You agree to keep your information current at all times. It is Your responsibility to maintain the security of your account, a password will be chosen by You which is unique to You and You agree not to share Your user name or password or allow anyone else to access Your account. If you suspect that the security of Your account has been compromised, or someone else has gained access to your user name, password or account, You agree to inform Boomerang immediately. Unless and until Boomerang has been notified by You that the security of Your account has been compromised, You agree that all activity conducted by Your account is performed by You or with Your consent and You are responsible for any obligations undertaken through Your account.
The entity You are contracting with is 2point0, Inc., d/b/a Boomerang located at 186 County Road U, Suite 208, River Falls WI, 54022.
DESCRIPTION OF BOOMERANG
Boomerang is a virtual marketplace designed to provide users the ability to advertise and shop for goods and services in exchange for Boomerang Dollars or “Boomerangs” as well as US Dollars or “Cash” (hereafter “The Services”). As a marketplace, Boomerang does not own, control or sell any of the products, goods or services contained within the Boomerang website. The actual contract for sale is directly between the buyer and seller. Boomerang does not have any control over, and does not make any representations or guarantees regarding the existence, quality, safety, legality, truth or accuracy of the content listed, the ability of seller to sell the item or the ability of buyer to pay for the item, or that a buyer or seller will actually complete a transaction or fulfill an obligation.
In addition to offering items for Cash, the Boomerang Marketplace users may also trade items in exchange for Boomerangs and the symbol used to differentiate Boomerangs from Cash is ⟫$. Buyers may also earn incentives, bonuses or rewards in Boomerangs from time to time. Although Boomerangs shall not be considered as having any intrinsic value, a security or legal tender by either Boomerang or users of Boomerang’s Site, and may not be converted to cash, unless approved by Boomerang or consistent with the policies, rules or procedures of Boomerang, IT IS EXPRESSLY UNDERSTOOD THAT FOR ALL PURPOSES OF VALUATION, ONE BOOMERANG DOLLAR IS EQUIVALENT TO ONE DOLLAR OF UNITED STATES CURRENCY.
For Consumers, Boomerangs are recognized by the IRS as a price reduction. These rules may be different for Businesses and all parties should refer to their own professionals for tax or legal advice. The reporting of transactions in Boomerangs to the IRS is strictly Your responsibility. At no time will Boomerang be responsible to pay any sales tax, excise tax, income tax, user tax or any other tax on behalf of You. You are responsible for calculation and payment of all taxes.
USE OF BOOMERANG
You may be allowed to post photos, text, comments, descriptions, questions, ratings, purchases, links, audio, music, images, pictures, graphics, logos, designs and other works and intellectual property (collectively “Content”) to various locations on the Boomerang website. You warrant and agree that You are solely responsible for such Content and have all rights necessary to post such Content and grant Boomerang rights in Your Content as described in this Agreement.
While using or accessing The Services in any manner, You will not:
- Post Content that is false, misleading or untrue;
- Post Content that violates this Agreement or causes harm in any way to any third party;
- Post Content that contains personally identifiable information of any third party;
- Download any material that contains software viruses or any other computer code, robot, spider, scraper or other automated means designed to access, interrupt, destroy, mine, communicate with or limit the functionality of any computer or telecommunications equipment or software;
- Post mature content that is not appropriate for the general public;
- Post Content that is threatening, hateful, racially or ethnically offensive, depicts nudity, pornography or violence or anything else that may be considered offensive;
- Breach or circumvent any laws, third party rights or Our systems, policies or determinations of your account status;
- Use the Service if you are not able to form legally binding contracts (You represent that you are older than age 18), or are temporarily or indefinitely suspended from use Our site, services, applications or tools;
- Fail to meet your financial obligations;
- Fail to pay for an item purchased by You, unless the seller has materially failed to accurately describe the item, a clear typographical error is made, or You cannot contact the seller within a reasonable amount of time;
- Fail to deliver an item sold by You, unless the buyer has materially failed to meet their obligations or You cannot contact the buyer within a reasonable amount of time;
- Post false, inaccurate, misleading, defamatory, or libelous content;
- Transfer your Boomerang account to any other party without Boomerang’s consent;
- Distribute or post Content containing spam, unsolicited or bulk electronic communications, or other solicitations which are not authorized by Boomerang;
- Copy, modify, or distribute Content from Our Service or Boomerang’s copyrights and trademarks;
- Harvest or otherwise collect any personally identifiable information about users, including email addresses, without their consent;
- Use any Content, Services, trademarks, copyrights, patents or infringe in any way of Boomerang without express written permission of Boomerang and any other appropriate third party, as applicable;
Violation of any of the above may result in immediate disciplinary action against You, including termination of your account. Further, You agree that You will indemnify Boomerang, Affiliates, Partners, Employees, Officers, Directors, Agents or anyone acting on its behalf, for all claims resulting from Your Content.
PROPRIETARY INTERESTS IN CONTENT AND SUBMISSIONS
The ownership of Your copyrights trademarks and any other intellectual property in any Content You post to the Boomerang site continue to be Your proprietary interest, subject to the nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right granted by You to Boomerang to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media to the exclusive commercial benefit of Boomerang and without acknowledgment or compensation to You. You grant Boomerang and its sublicensees the right to use the name that You submit in connection with the Content, if they so choose. You represent and warrant that you control the right or otherwise own all of the rights, title and interest to the Content You post; that the Content is accurate; that the Content does not violate this agreement; that the Content does not cause injury or damage to any other party; and that You will indemnify and defend Boomerang from any and all claims which may arise resulting from the Content that You supply. Boomerang reserves the right, but has no obligation, to monitor, edit or remove any activity or Content posted by You. Boomerang takes no responsibility and assumes no liability for any content posted by You or any other third party.
PROPRIETARY RIGHTS AND OWNERSHIP OF BOOMERANG
All materials, content, text, graphics, icons, images, software and trademarks of Boomerang are the property of Boomerang or its partners or affiliates, subsidiaries, parent companies or other entities with which it may merge, or otherwise acquire or sell, in whole or in part and are protected by all relevant intellectual property laws and other proprietary rights (including but not limited to copyright, trademark, trade dress, and patent laws) and any other applicable laws. Boomerang grants You a limited and revocable license to use the Boomerang Site for its intended purpose as defined by Boomerang from time to time and subject to the terms of this Agreement or any other policy or procedure of Boomerang.
BOOMERANG MARKETPLACE LISTING, PURCHASING AND PRICING
When Listing an item for sale, You agree to comply with the terms of this Agreement, all other policies and procedures and that:
- You are responsible for the accuracy and Content of the item offered;
- Your listing may not be immediately searchable by keyword or category for up to 24 hours;
- Boomerang reserves the right to alter, modify, edit or amend any listing or to place it in any category in which Boomerang determines in its sole discretion to create a marketplace which is easy for users to navigate and find what they are shopping for, as a result, a listing may not appear in a search result or category regardless of the listing or search choices made by users of Boomerang;
- You agree to sell items at prevailing prices and that over-pricing is a violation of Boomerang policy, which shall be determined at the sole discretion of Boomerang;
- All Fees of Boomerang are due, payable and fully earned by Boomerang upon the buyer’s completion of their commitment to purchase an item;
- Boomerang reserves the right to manage, modify, suspend, revoke or refuse any listing it deems to be duplicative, unacceptable, a violation of this Agreement or otherwise not appropriate for the Boomerang Marketplace;
- You are responsible for determining if sales tax on your item is appropriate and for payment of all sales tax to the proper taxing authority.
When Buying an item, You agree to comply with the terms of this Agreement and all other policies and procedures and that:
- You are responsible for reading the full item description and contacting the listing party with any questions or concerns prior to making any commitment to purchase;
- You are entering into a legally binding contract with the listing party for the item as described;
- In the event an item is subject to an applicable Statute of Frauds provision, you are entering into a non-binding transaction representing a buyer’s serious interest in acquiring the item listed, however does not create a formal contract between the buying party and the listing party until further affirmative actions are taken by the parties;
- Boomerang is not a party to any contract between parties and does not transfer legal ownership of any item listed from the seller to the buyer;
- All Fees of Boomerang are due, payable and fully earned by Boomerang upon the buyer’s completion of their commitment to purchase an item;
- Unless buyer and seller agree otherwise, the Uniform Commercial Code shall apply to all transactions for the transfer of ownership and all other interactions between the buyer and seller.
Except where otherwise noted, the Pricing of an item represents the full retail price of the item as suggested by the listing party in accordance with industry standards, the listing parties’ own valuation of the item, or the estimated fair market value for a comparable item offered elsewhere. A seller’s pricing may be stated in Boomerangs, United States Dollars or a combination of both and may be modified, amended or negotiated between a buyer and a seller at any time prior to a buyer making a commitment to purchase the item. A seller may accept any offer from any buyer at any time, even though the seller may be in negotiations with multiple buyers concurrently, up until the time a commitment to purchase the item is processed through the Boomerang marketplace at which point a binding contract is entered into between the parties and all other offers to purchase or sell are deemed rejected or withdrawn.
Boomerang is not responsible for the quality, timely delivery, warranties, or any other disputes, claims or problems which may arise with respect to items contracted for between users. You should exercise the same diligence in entering into a Boomerang transaction as any other transaction for cash. Boomerang assumes no liability for any damages of any kind which may result from a Boomerang transaction and/or the use of items or Content on the Site. Please see Disclaimer of Warranties and Limits of Liability in this Agreement for further details.
Boomerang does not make any representations or guarantees with respect to the quality or volume of business which a user may experience from use of Our Site.
User agrees and understands that sales tax, tips and gratuities, shipping and postage charges are collected by the seller in either cash or Boomerangs at the sole discretion of the seller. Seller remains solely responsible for payment of sales tax to the appropriate tax authority.
The Fees Boomerang charges for using our Services are listed on Our Fee Schedule and Invoicing page. We may change Our fees from time to time by posting the changes on Our Site 14 days in advance, but with no advance notice required for temporary promotions.
We require a payment method on file when using Our Site and that You will pay all fees and applicable taxes associated with our Services when due. If your payment method fails or your account is past due, we may collect fees owed to Us using any appropriate and lawful collection mechanism, including but not limited to, charging other payment methods or sources on file with Us, retaining collection agencies and legal counsel. In addition You will be subject to late fees. Information about Your account may also be reported to credit bureaus, and as a result late payments, missed payments, defaults on Your account may affect Your credit report.
COMMUNICATION AND NOTICES
Boomerang may communicate with You regarding the Services by electronic communication, including sending electronic mail to the email address You provided during registration of Your account; by posting notices or communications on Our Site and communicating with you via authorized third parties (i.e., Facebook, Twitter, Instagram, etc.) You agree that we may communicate with you by means of electronic communications regarding this Agreement, notice or disclosures regarding the Site, payment authorizations, and any other matter related to Your use of Boomerang Site or Marketplace.
You also agree that we may communicate with You through traditional methods such as telephone and United States Postal Services at the address and telephone numbers You have provided. You understand that by providing a telephone number, you consent to us contacting you at that number through direct calling or text services if applicable and that You are solely responsible for any charges that you may incur as a result of Our communication with You at the number You provided.
There are features of the Boomerang Site that may be accessible via mobile carriers and smart phones, (“Mobile Services”). Boomerang does not currently charge for these Mobile Services, however, Your own mobile carrier may charge for normal messaging, data and other rates and fees will still apply.
By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to Your mobile device, and that certain information about your usage of the Mobile Service may be communicated to us. In the event You change or deactivate Your mobile telephone number, You agree to promptly update your User Account information on the Boomerang Site to ensure that Your messages are not sent to the person that acquires your old number. In the event the person that acquires your old number brings a claim for us, You agree to defend and indemnify Boomerang for any damages or claims sought by such person.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
BOOMERANG FEATURES PRODUCTS, GOODS, SERVICES, ITEMS, CONTENT AND MATERIALS WHICH ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, BOOMERANG EXCLUDES ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, TO THE EXTENT PERMITTED BY LAW, BOOMERANG, ITS AFFILIATES, PARTNERS OR SUBSIDIES AND ANY EMPLOYEE, DIRECTOR, OFFICER OR AGENT ACTING ON ITS BEHALF, ARE NOT LIABLE, AND YOU AGREE TO NOT HOLD BOOMERANG RESPONSIBLE FOR ANY DAMAGE OR LOSSES INCLUDING BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE EXTENT ALLOWED BY LAW AND REGARDLESS OF ANY OTHER TERM IN THIS AGREEMENT, BOOMERANG LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO BOOMERANG DURING THE TIME PERIOD OF EIGHT (8) WEEKS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM OR THE SUM OF $100.00.
BOOMERANG DOES NOT WARRANT THE SERVICES, PRODUCTS, CONTENT OR OTHER ITEMS MADE AVAILABLE TO YOU THROUGH THE BOOMERANG SITE OR MARKETPLACE, THAT SERVERS OR ELECTRONIC COMMUNICATIONS SENT TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOU ARE USING THE BOOMERANG SITE AND MARKETPLACE AT YOUR OWN SOLE RISK.
THE BOOMERANG SITE AND MARKETPLACE MAY CONTAIN INACCURACIES, MISTAKES, TYPOGRAPHICAL ERRORS OR OTHER WRONG INFORMATION. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO VERIFY ALL INFORMATION CONTAINED ON THE BOOMERANG SITE AND MARKETPLACE AND ACT ACCORDING TO YOUR OWN INFORMATION AND JUDGMENT.
Any dispute which may arise between You and Boomerang, including, without limitation, claims for enforcement, breach or violation of duties or rights under these terms shall be governed by and determined under the Law of the State of Wisconsin, without regard to conflict of laws principles.
Any dispute which may arise between You and Boomerang, including, without limitation, claims for enforcement, breach or violation of duties or rights under these terms shall be governed by and determined under the Law of the State of Wisconsin, without regard to conflict of laws principles. You hereby irrevocably consent to having such disputes resolved by binding arbitration. The American Arbitration Association rules and procedures shall be applied, which are available at www.adr.org or by calling 1-800-778-7879 and all hearings shall be conducted in St. Croix County, Wisconsin.
We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. Any relief awarded may only be awarded in favor of the individual party seeking relief and only to the extent necessary to provide relief to that party’s individual rights under this Agreement. Any relief awarded cannot affect other Boomerang users.
You may elect to Opt-Out of this Agreement to Arbitrate by mailing us a written Opt-Out Notice if such notice is post-marked no later than 30 days after the date You accept this Agreement for the first time. You must mail the Opt-Out Notification to Boomerang ATTN: Legal Dept. Re: Opt-Out Notice, 186 County Road U Suite 208, River Falls, WI 54022.
DISPUTE RESOLUTION BETWEEN USERS AND RELEASE
By using the Boomerang Site and Marketplace, You fully understand and agree that Boomerang shall have the right, but not the obligation to resolve disputes between Users relating to the site and Boomerang’s resolution of a particular dispute does not create an obligation to resolve any other dispute, and Boomerang’s resolution of a dispute will be final with respect to Boomerang.
As a condition of creating a User Account with Boomerang or otherwise using Boomerang Site and/or Marketplace, if You have a dispute with one or more users, You release Boomerang, its Affiliates, Partners, Employees, Officers, Directors, Agents or anyone acting on its behalf, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, You expressly waive any protections, statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
You will indemnify and hold Boomerang, its Affiliates, Partners, Employees, Officers, Directors, Agents or anyone acting on its behalf, harmless from any claims or demand, including reasonable legal fees, made by any third party due to or arising from Your breach of this Agreement, Your improper use of Boomerang’s Site or Marketplace or Your breach of any law or the rights of any third parties.
TERMINATION AND EFFECT OF TERMINATION
You agree that Boomerang may at any time without notice or cause refuse service, terminate any rights granted herein, terminate Your account and/or cancel orders or portion of orders in its sole discretion, including without limitation, if Boomerang determines that any user conduct violates applicable law or is harmful to the interests of Boomerang. In such instances of conduct by you that violates applicable law, a breach of this Agreement or any policy of Boomerang or if your conduct is harmful to the interests of Boomerang, any Boomerang dollars that you may have accumulated will be forfeit by you and your Boomerang account balance will be reduced to zero. In the event that you have USD in your account and your account is terminated as a result of conduct by you that violates applicable law, a breach of this Agreement or any policy of Boomerang or if your conduct is harmful to the interests of Boomerang, your account balance will be suspended until such time as damages caused by you are determined and such damages will be deducted from your account, if any USD remains after such deduction, said amount will be returned to you. If Boomerang is required to provide notice of termination or cancellation by law, such notice may be provided by posting it on the Site or by sending a communication to any address, email or otherwise, that You have provided in our records. You will still be liable for any breaches of this Agreement or any obligations incurred prior to the termination of the Agreement. Continued use of the Site by You after termination will constitute Your agreement to the terms of this Agreement and those posted on the Site.
Those rights granted to Boomerang under the terms of this Agreement which would naturally extend beyond the termination of this Agreement between You and Boomerang shall survive such termination.
BOOMERANG SOFTWARE USAGE TERMS
You may not, and You will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the Software, whether in whole or in part, or create any derivative works from or of the Boomerang Software.
In order to keep Boomerang Software up to date, we may offer automatic or manual updates to Our Software at any time and without notice to you.
POLICIES, SEVERABILITY AND GENERAL
If any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be stricken from this Agreement and not have any effect on the validity or enforceability of the remaining provisions.
Headings are for reference only and do not limit the scope or extent of such section. Our failure to enforce or act with respect to a breach by You or others does not constitute a waiver of our right to act with respect to that breach or similar subsequent breaches. We do not guarantee we will take action against all breaches of this Agreement or enforce the terms of this Agreement similarly against all parties and reserve the right to use our sole, personal discretion and judgment in enforcing this Agreement against You.
We may amend this Agreement at any time by posting the amended terms on the Boomerang Site. Our right to amend this Agreement includes the right to modify, add to, or remove terms in this Agreement. Except as stated otherwise in this Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, We may also ask you to acknowledge Your acceptance of the Agreement then in effect through an electronic click through. You agree and acknowledge that You have reviewed this Agreement each and every time you are requested to accept this Agreement through an electronic click through and that We may have changed the terms and conditions of this Agreement since any prior electronic click through acceptance by You.
The policies and procedures posted on the Boomerang Site or Marketplace may be changed from time to time. Changes take effect when they are posted on the Boomerang Site or Marketplace.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended to be created by this Agreement.
- The Type of Personal Information Boomerang Gathers About Users and the nature in which that information is collected.
- A description of What Boomerang Does With The Information It Collects and the circumstances in which the information may be used by Boomerang and others.
- A description of How Boomerang Secures Information About You and what you can do to protect Your own information.
- That Users May Not Collect Information About Other Users; Unauthorized Content and directions to take if you believe there has been a violation.
- Directions on How You Can Access, Review, Change and Opt-Out Your PII.
- Boomerang’s policy regarding Use of Boomerang By Children.
- General Information
TYPE OF PERSONAL INFORMATION BOOMERANG GATHERS ABOUT USERS
When you visit Our website, we will collect various information about you called personally identifiable information (PII), specifically:
INFORMATION YOU PROVIDE TO US
You may browse Our Site without providing any personal information. In order to utilize any of the features contained within Our Site, you will be required to create an account. When you open an account, you provide personally identifiable information, this information does include and/or may include your name, physical mailing address, email address and telephone number and you are no longer anonymous to us. We may also request other PII such as birth dates, gender, personal interests, and family or business information. If you purchase products through Our Site, additional information may be collected such as credit card or bank account information, the types of goods or services purchased, and the date such goods or services were purchased. You may also provide us PII when you register, login, participate in Surveys, perform searches, or participate in a game, promotional offer, or contest. By providing such information to use, You consent that We may transfer and store such information within Our servers and systems.
INFORMATION OTHERS PROVIDE TO US ABOUT YOU
INFORMATION COLLECTED ELECTRONICALLY
When you visit a website, your IP Address is associated with the portal through which you entered the Internet, such as your Internet Service Provider (ISP), your company, or your university. Your IP address is not considered PII, however, this information may be combined with other information to determine the frequency Our Site is being accessed throughout various parts of the Country. We may combine this information with your personally identifiable information.
Our Site may include third party advertising and links to other websites. We do not provide any personally identifiable information to these third party advertisers. These third party advertisers may also collect non-personally identifiable information through technical methods. We may also receive this information from third party advertisers and you should contact these advertisers directly if you have any questions regarding their use of the information they collect.
INFORMATION YOU SHARE ABOUT YOURSELF
Your user name or identification may be displayed on Boomerang’s Site and seen by other users when you post Content on Our Site, enter into a transaction with another user or provide comment or feedback. Other users can see this Content. If you associate your actual name with any Content you post on Our Site, other users will see that as well and may be able to collect personal information about you, your habits on Our Site or purchases that you have made. Other users may also be able to see information about You depending on the selections You made in Your privacy settings.
If you access Our Site from a shared computer, an unsecure internet connection, wireless or mobile device or otherwise, certain information about you may also be visible to other individuals over which Boomerang has no control.
WHAT BOOMERANG DOES WITH THE INFORMATION IT COLLECTS
- In instances where you do business with a buyer or a seller through Our Site, that party will receive personally identifiable information about You. This is necessary so that buyers and sellers of items on Our Site can do business with each other.
- We may contact and share information with credit services or bureaus about your account including information on late payments, missed payments, or other defaults on your account be reflected in Your credit report, or for requests by You for credit or payment terms.
- Other third parties to whom You have explicitly asked us to share information with.
- We may engage other companies or individuals to perform services and functions on our behalf. Examples may include processing credit card purchases, removing duplicative information from customer lists, providing marketing assistance to users, and providing customer service. They have access to PII needed to perform their functions, but may not use it for other purposes.
- We may send promotional offers to users of Our Site to assist other members in finding customers for their items. When we do this, we will not provide that user with your PII. If you do not wish to receive such offers, you may adjust your account settings.
- In instances where Boomerang has been subpoenaed, ordered by a Court or substantially similar legal proceedings, We will comply with such orders. We may also disclose personal information to law enforcement or government officials in instances where We believe in good faith that doing so is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity. Where such a disclosure is done in good faith, You agree to waive any claims You might otherwise have against us and release us from any further liability or damages from such disclosures.
- Other than set forth above, you will be given an opportunity to choose not to share personally identifiable information when information about you might go to third parties.
In order to provide you with a quality experience when using Our Site, we may need to use your personal information in various ways. You agree that we may use your personal information to:
- Provide you access to Our Site and the services and customer support you request;
- Prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities, and enforce our User Agreement;
- Customize, measure and improve our services, content and marketing;
- Contact you to inform you about services available, deliver targeted marketing, updates and promotional offerings based upon your account settings;
- Assist in the credit underwriting process in order to provide you with credit offers and opportunities;
- Compare information for accuracy, duplication and verify it with third parties;
- Contact you at any telephone number using auto-dialed or pre-recorded message calls or texts (SMS) messages;
- Provide you with other services requested by you.
HOW BOOMERANG SECURES INFORMATION ABOUT YOU
We use encrypted software, Secure Sockets Layer (SSL), which encrypts information you provide to us. We reveal only the last four digits of you credit card number when confirming an order, however, it is necessary for Us to provide the entire number of your credit card to the appropriate company for processing payment. Please be aware that no method of security involving transmission over the internet, or methods of electronic storage is 100% secure. You also must take responsibility for your own security, which is why it is of vital importance to log off of your account every time you leave your computer unattended.
Boomerang also provides you with the tools to secure your own information through your ability to select a unique password. Your password is the key to your account, the strength of the password you select will provide you with additional security. You should use a combination of letters, numbers and characters which are unique to the Boomerang Site and do not share this information with anyone. You are responsible for any actions taken through Your account, whether they are performed by you or anyone you have given access to Your account to. If you lose control of Your account or your password, control of your personally identifiable information may also be lost and You are legally responsible for actions done through your account or on your behalf. If You believe Your password has been compromised at any time, for any reason, you should contact Boomerang immediately.
USERS MAY NOT COLLECT INFORMATION ON OTHER USERS; UNAUTHORIZED CONTENT
Boomerang does not tolerate Spam, Spyware, or Spoofing. Boomerang users are not allowed or licensed to add other users to email lists, marketing databases or for any other commercial reason, without that users express, written consent. You may not use Boomerang’s message boards, communication tools, feedback applications or the Site in any manner to send spam or other Content which is inconsistent with the Site’s intended purpose or in violation of any Agreement. If you believe you have been contacted by another user in violation of Boomerang’s policies or Agreements, You should contact Boomerang immediately.
HOW YOU CAN ACCESS, REVIEW, CHANGE AND OPT-OUT YOUR PII
You may exercise Your Opt-Out options in several different ways, such as, during the registration process; after registration by adjusting the settings in Your account; by communicating with a Boomerang customer service representative; emails from Boomerang to You will provide you with an “unsubscribe” option; and at other times and locations on Our Site. Regardless of the Opt-Out options You may choose, they will not apply to any specific requests you make to Boomerang; when Your personal information is used for Operational Purposes or Order Fulfillment; disclosure required by law or to help protect the security and safety of Our Site.
Upon Your request, we will close your account. We may remove your personal information from view in our discretion based upon your account activity and in accordance with applicable law. Once you have posted Content on Our Site, it is considered a public posting and you may not be able to make changes to it or remove it. We do retain personal information from closed accounts to comply with law, prevent fraud, collect fees owed, resolve disputes, trouble shoot problems, assist with investigations, enforce our Agreements, and take any other actions otherwise permitted by law.
USE OF BOOMERANG BY CHILDREN
Boomerang is not intended to be used by children. While there may be children’s items on the Boomerang Site or Marketplace from time to time, these items are intended to be purchased by adults who have the ability to enter into binding contracts. If you are under 18 years of age, you may only use Boomerang under the supervision of a parent or guardian.
- A Boomerang Certificate is transferable from one recipient to another in an unlimited manner and may be redeemed by anyone presenting the Certificate for redemption;
- Certificates may be redeemed for purchases made through Boomerang’s website by a user who has a Boomerang user account or directly with a merchant who is a registered Boomerang business account holder;
- The Boomerang business account holder is the issuer of the Certificate while Boomerang provides certain administrative services to its users in order to redeem these Certificates;
- Proceeds from the sale of Certificates are stored in Boomerang business account holder’s Boomerang account;
- Proceeds from the sale of Certificates are stored in your Boomerang account as set forth below:
- Certificate proceeds are initially stored in your Boomerang account and you have access to withdraw such funds at any time upon the purchase of the Certificate, less applicable Boomerang fees as described in your account agreement;
- When a Certificate is redeemed, the funds, less applicable Boomerang fees as described in your account agreement, remain in your Boomerang account until such time as accessed by you or may be left in your account as a reserve to cover other Boomerang fees as described in your account agreement;
- You understand and agree that your Boomerang account, while held in an appropriate financial institution by Boomerang, may not be FDIC insured, may be subject to liens and attachments of others and that Boomerang makes no warranties, guarantees or assumes no duties to act as a fiduciary on your behalf;
- Certificates do not expire, a recipient will be able to redeem the unused value associated with the Certificate, because you have immediate access to Certificate funds, any redeemed Certificate shall be treated as being pre-paid and as having full value as though the funds were actually paid to you directly;
- You acknowledge that you are responsible to comply with all applicable laws in connection with unused Certificate balances;
- Boomerang business account holder may cancel unredeemed Certificates at any time provided that customer is given a refund of the full value of the Certificate in accordance with these terms and conditions and notify the purchaser and, if different, the recipient of such cancellation;
- Certificates do not expire, unused value of a Certificate will remain to recipient until spent and remain in effect until the balance of such Certificate is zero;
- If Boomerang business account holder’s account is closed or terminated in accordance with the terms of the Conditions of Use Agreement, the remaining balance of any Certificate still within the control of Boomerang will be credited to Certificate holder’s Boomerang account, Boomerang business account holders that have had funds released to them at the time of closure or termination will remain fully liable for the value of the unused portion of the Certificate;
- All Certificate purchases are final and non-refundable;
- Boomerang business account holders shall not charge users any fees in connection with the use, maintenance or redemption of Certificates, however, Boomerang will charge appropriate fees in association with transactions according to Boomerang business account holder’s standard fees;
- Boomerang business account holders shall provide customer support for any purchases made with Certificates in the same manner as any purchases made in cash.