Terms & Conditions
Last Updated: May 2024
Please read these terms and conditions ("terms and conditions", "terms") carefully before using boomrng.us website (“website”, "service") operated by boomrng LLC ("us", 'we", "our").
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CONDITIONS OF USE
By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly. boomrng LLC only grants use and access of this website, its products, and its services to those who have accepted its terms.
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AGE RESTRICTIONS
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. boomrng LLC assumes no responsibility for liabilities related to age misrepresentation.
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INTELLECTUAL PROPERTY
You agree that all materials, products, and services provided on this website are the property of boomrng LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the boomrng LLC’s intellectual property in any way, including electronic, digital, or new trademark registrations.
You grant boomrng LLC a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.
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USER ACCOUNTS
As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are responsible for (1) maintaining the confidentiality of your username and password and for notifying us immediately if you become aware of any actual or suspected unauthorized use, (2) all uses of your username or password, (3) all activity, including purchases, conducted under your Account , and (4) providing accurate information in connection with your Account. You may terminate your Account at any time by contacting info@boomrng.us and we will delete your account as soon as possible. If you decide to terminate your Account, we will delete your information, so be sure to export or print any contact information that you wish to retain before you terminate your Account. We reserve the right to retain a copy of your Account information for a limited period if we determine in good faith that it may be appropriate to do so to comply with legal process, law enforcement, or law, to protect our property or rights or the rights or safety of any third party, to address suspected illegal activity, and for similar reasons we determine in good faith are appropriate.
You may not use someone else’s name, or post, upload or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in boomrng’s sole discretion). We may, in our sole discretion, suspend, disable, or delete your Account (or any part thereof) or block or remove any content that you submit, for any lawful reason, including if we determine that you have violated these Terms or that your conduct or content may damage our reputation or goodwill. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. You may not allow others to use your Account or share your Account with others except as otherwise provided herein. You agree to notify us immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. In the event your Account is for any reason shared with or used by anyone other than you, you shall be responsible for informing any such user of these Terms and ensuring compliance with the same. You are solely responsible for any and all use of your Account and although we will not be liable for your losses caused by any unauthorized use of your Account or use by anyone other than you, you may be liable for the losses of boomrng or others due to such uses. You agree that boomrng, in its sole discretion, may terminate or suspend your use of the Application at any time and for any or no reason in its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Account. Accessing the Account after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that we shall not be liable to you or any third party for any termination or suspension of your access to the Account. We may block your email address and Internet protocol address to prevent further registration and/or submission of information and content. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, all terms of these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Upon termination, all licenses granted by boomrng will terminate. In the event of Account deletion for any reason, information and content that you submitted may no longer be available. We shall not be responsible for the loss of such information or content.
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SERVICES AND PRODUCT FULFILLMENT
Purchased services or product(s) delivery timelines are generally agreed upon by boomrng LLC and the individual or company requesting the service(s) or product(s). When a product is purchased and requires shipping, allow for 1-2 business days but may from time to time take longer. Items shipped directly to recipients with first class stamps will arrive in approximately 3 to 5 business days from the date of order. Bulk products shipped directly to customers (box of cards) will arrive in approximately 1 to 5 business days, depending on the method of shipping chosen (overnight vs. standard). Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
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PURCHASE & PAYMENT TERMS
boomrng accepts major U.S. credit cards (Visa, MasterCard, American Express, and Discover) and online payments through PayPal and Venmo. Billing occurs at the time of or shortly after your transaction. You agree that you will only use your own digital payment account/credit card or have express permission to use another person’s digital payment account/credit card.
You agree that you will pay for all services and products you purchase and that boomrng may charge your digital payment account/credit card for any services and products purchased and for any additional amounts (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees to boomrng.
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Your total price will include the price of the services(s) and product(s) plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase. All prices posted on the Applications are subject to change without notice.
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APPLICABLE LAW
By using this website, you agree that the laws of the State of Tennessee, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between boomrng LLC and you, or its business partners and associates.
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DISPUTES
Any dispute related in any way to your use of this website or to services and products you purchase from us shall be arbitrated by state or federal court State of Tennessee and you consent to exclusive jurisdiction and venue of such courts.
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ARBITRATION AGREEMENT; CLASS WAIVER; JURY WAIVER
YOU AND BOOMRNG ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF BOOMRNG PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
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INDEMNIFICATION
You agree to indemnify boomrng LLC and its affiliates and hold boomrng LLC harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
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LIMITED LIABILITY
boomrng LLC is not liable for any damages that may occur to you as a result of your misuse of our website.
boomrng LLC reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between boomrng LLC and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
CHANGES TO THESE TERMS
boomrng reserves the right to change any of these Terms, or any policy or guideline of the Applications, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Terms. Any changes will be effective immediately upon posting on the Applications. Your continued use of the Applications following the posting of changes will constitute your acceptance of such changes. We encourage you to review these Terms whenever you visit one of our Applications.
NOTICES
boomrng LLC may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Applications. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must contact us by email to boomrng, Limited Liability Company by emailing info@boomrng.us.
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QUESTIONS
For any questions or comments you may have about these Terms, please contact us at: info@boomrng.us