boocoo auctions
Terms and Conditions

Ranger Data Technologies, Inc. d/b/a BOOCOO Auctions (“boocoo”) offers you (“you” or “User”) access to this website (“Auction Site”) based upon the terms contained in this Terms of Use Agreement (“Agreement”). This Agreement between boocoo and you is also for the benefit of the boocoo media partner through which you are accessing the Auction Site.

Registration: You may browse Auction Site for free and without registering. To use our services, you must register. Auction Site follows a registration procedure. When you register at Auction Site, you will be asked to choose a username and password. You are responsible for all activity that occurs under your Auction Site account. Registration is not available to those who cannot form a legal contract, minors under 18 years of age, or to those whose account has been temporarily or permanently suspended. You cannot sell, transfer or assign your Auction Site account. Each User is responsible for the confidentiality of his or her username and password. Users agree not to disclose any username or password to a third party or to use the username or password of another User. In the event a User’s account is breached or accessed by someone other than the User, the owner of the breached account must contact boocoo immediately via email. boocoo reserves the right to cancel the account of any User that violates the Agreement. boocoo reserves the right to refuse registration or access to boocoo auctions to anyone, at anytime, in its sole discretion.

Eligibility: To use or visit Auction Site, you must be 18 years of age or older and must be a United States resident. If you are younger than 18 or live outside the United States, you must not use or visit Auction Site. If you are not legally competent to enter into a binding contract, you must not use or visit Auction Site.

Feedback: boocoo cannot and does not confirm the accuracy of information provided by Users, including any identifying information. Auction Site has a feedback system so that potential buyers can view a seller’s sales history. BEFORE ENTERING INTO A TRANSACTION, USERS SHOULD INVESTIGATE THE USER WITH WHOM YOU ARE DEALING, including contacting the User directly with any questions or concerns about the listed item or transaction.

ALL USERS ARE RESPONSIBLE FOR THEIR LISTINGS, FEEDBACK AND FEEDBACK RATINGS. YOU AGREE NOT TO HOLD BOOCOO RESPONSIBLE, AND BOOCOO EXPRESSLY WAIVES ALL LIABILITY, FOR USER PROVIDED CONTENT AND INFORMATION, INCLUDING ALL INACCURACIES, ERRORS, ACTIONS OR INACTIONS, ITEMS THAT THEY LIST OR ALLEGEDLY FAKE ITEMS.

User Representations and Restrictions: Each User is responsible for the content that he or she posts or uploads to Auction Site. You represent and warrant that in using Auction Site:

1. the information contained in your listings is valid, truthful and accurate and you shall maintain the accuracy of such information;
2. you shall abide by all applicable civil and criminal laws;
3. you will not fail to deliver items purchased from you in the ordinary course;
4. you will not fail to deliver payment for items purchased by you in the ordinary course;
5. you will not manipulate the price or listing of any item posted by another User;
6. you will pay all fees owed to boocoo and will not circumvent or manipulate our fee structure or billing process;
7. you own or have a license for any information uploaded to or listed by you on Auction Site;
8. you will not post or display any offensive language, nudity, or content designed or intended to incite violence, criminal conduct, post any banned items such as weapons or other contraband, or engage in any other conduct that constitutes patent infringement, trademark infringement and/or copyright infringement or that negatively impacts the ability for other users to use the Auction Site (including engaging in any forums on the Auction Site);
9. you will not engage in any of the following:
   • posting, providing, transmitting, or otherwise making available any junk mail or spam.
   • posting, uploading, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
   • posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange NASDAQ Stock Market.
   • collecting, storing, or posting of personal data about or of other users.
   • soliciting of any kind.

You may notify boocoo of any infringing content on the Auction Site by following the steps set forth in the Take Down Policy.

Risks of Transaction: Auction Site provides a venue where Users may buy, sell or negotiate the purchase and sale of goods with other Users in accordance with these terms. boocoo only provides a service and does not participate in any transaction between Users who use Auction Site. Users assume all risks involved in every transaction. boocoo does not control or guarantee the quality, safety, authenticity, or legality of any listing or item sold. boocoo does not control or guarantee the truth or accuracy of any listings, or that every transaction will be completed. boocoo does not transfer legal ownership of items from the buyer to the seller.

FOR EVERY AUCTION SITE TRANSACTION, PLEASE USE CAUTION, COMMON SENSE AND SAFE TRADING PRACTICES.

BOOCOO EXPRESSLY WAIVES ALL LIABILITY AND ASSUMES NO RESPONSIBILITY FOR THE CONTENT POSTED BY USERS OF AUCTION SITE. BOOCOO WILL NOT MONITOR AUCTION SITE FOR ILLEGAL, INFRINGING OR INAPPROPRIATE CONTENT.

boocoo reserves the right (but has no obligation) to reject, refuse or delete any content that, in the sole discretion of BOOCOO, may be illegal, offensive or violate the rights of any person or entity OR THE AGREEMENT (i.e. content including, but not limited to: offensive language, nudity, violence, criminal conduct, SALES OF WEAPONS OR CONTRABAND, patent infringement, trademark infringement and/or copyright infringement).

Fees: Joining Auction Site and browsing items is free, however boocoo charges for its services. You shall pay for all royalties, fees, and any other monies owing any person or entity by reason of anything posted by you on Auction Site. boocoo charges the following fees for its services:

• A final value fee;
• A listing enhancement fee (optional)

Payment for all fees you owe boocoo in a particular calendar month will be invoiced to you on the first business day of the next month. You should promptly report any discrepancies in an invoice to boocoo at (877) 855-5175. The invoiced amount will be charged to the credit card you have on file with boocoo 5 to 7 calendar days after receipt of your invoice.

For details on current fee amounts please visit the Fees page.

“Transaction Fees” subject to sharing with boocoo’s media partners are defined as the fees listed above minus any and all third party charges such as credit card transaction fees.

Term: The Agreement, and any amendments, shall govern your relationship with boocoo and use of Auction Site for the period of time that you use Auction Site and shall survive beyond the end of your use.

Changes: By using Auction Site, you accept and agree to be bound by each of the terms contained in the Agreement, which may be modified in accordance with this section. Non-material changes may be made by boocoo at any time. boocoo will notify Users in advance of any material change to this Agreement and require that you accept the amended Agreement. Your access and use of Auction Site after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended.

Privacy: For information on privacy please view our privacy policy.

Links: If you use the links to third party sites, including without limitation those to our media partners, you will leave Auction Site. boocoo does not control the linked sites nor is it responsible for the content of any third party linked site, or of any other links contained in such third party site. boocoo provides links to you solely for your convenience, and the inclusion of any link is not an endorsement by boocoo of the site or its contents. boocoo expressly disclaims any responsibility and all liability for any other party's linking to this site or in which any part of this site has been hyperlinked.

Intellectual Property: Each party’s pre-existing trademarks, copyrights, trade secrets or other intellectual properties (collectively, “Properties”) belongs to it, and use by the other party inures to the owner’s benefit. Nothing in this Agreement gives any User title or permanent interest in the owner’s Properties. By listing an item on Auction Site, you provide to boocoo a non-exclusive, perpetual, royalty-free license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and distribute the information and Properties in that posting, including all images. You recognize that unauthorized use of boocoo’s intellectual property would cause boocoo irreparable injury, and that boocoo may seek injunctive relief and other legal remedies against any unauthorized use of its intellectual property. boocoo owns all Auction Site content, including but not limited to all intellectual property created or developed specifically in connection with Auction Site (“Work Product”). You shall immediately assign, transfer and convey, and hereby do assign, transfer and convey to boocoo all right, title and interest, including copyrights, in and to all Work Product, and will execute all documents that we may request to confirm your assignment.

Warranties: boocoo will provide the Auction Site services in a professional manner and according to acceptable industry standards. We provide third party services to you “as is” and “as available” without warranty. Each party shall comply with all applicable federal, state and local laws pertaining to the use of Auction Site. boocoo makes no representation as to the completeness and accuracy of the information contained in Auction Site. This information may be incomplete, may contain errors or may become out of date.

BOOCOO EXPRESSLY WAIVES ALL other express or implied warranties including but not limited to warranties of merchantability, integration, performance, fitness for a particular purpose, accuracy and non-infringement, as well as warranties arising out of course of dealing or performance or usage of trade.

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOCOO SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE (INCLUDING ANY FORUMS) OR ANY LINKED THIRD PARTY SITES. IN PARTICULAR, BOOCOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE OR TORT.

Indemnification: You agree to indemnify, release and hold harmless boocoo and its respective officers, directors, shareholders, members, employees, agents, heirs, successors in interest, representatives, parents, subsidiaries, affiliates, licensors and content providers from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable legal fees, that may be incurred or suffered by boocoo arising out of third party claims related to: (a) your obligations under this Agreement, (b) a material breach of this Agreement, (c) your use of Auction Site or (d) any violation of any law, rule or regulation related to your use of Auction Site.

Release: In the event that a User has a dispute with one or more Users, you hereby release boocoo and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, damages (including direct and consequential) of every kind and nature, known or unknown, disclosed and undisclosed, arising out of or connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542.

Termination: boocoo may immediately terminate this Agreement if:

1. you breach this Agreement;
2. boocoo terminates or suspends its business;
3. boocoo becomes subject to bankruptcy or insolvency proceeding under Federal or state statute;
4. becomes insolvent or subject to direct control by a trustee, receiver or similar authority;
5. has wound up or liquidated, voluntarily or otherwise; or
6. you are involved in conduct that boocoo reasonably believes is likely to damage boocoo’s Properties or goodwill.

Dispute Resolution: All irresolvable, material differences or disputes which may arise between you and boocoo concerning this Agreement shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Southfield, Michigan, and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. You and boocoo agree that:

1. arbitrators will be selected with expertise in the area in dispute;
2. punitive damages or other remedies not permitted under this Agreement will be allowed;
3. each party will pay an equal share of the arbitrator’s fees and expenses and bear its own attorneys’ fees, witness fees, and other costs of arbitration; and
4. the arbitration decision will be jointly-submitted for enforcement in Oakland County Circuit Court, Pontiac, Michigan or in U.S. District Court for the Eastern District of Michigan, Detroit, Michigan.

Users are responsible for resolving disputes with other Users. boocoo has no obligation to review or determine the merit of any complaint. boocoo reserves the right to review disputes and/or complaints at its sole discretion.

General

These Terms and Conditions constitute the entire agreement between you and boocoo and supersede all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. 

boocoo will not be liable in any amount to you should its Agreement performance be prevented, restricted or interfered with by circumstances or events beyond its reasonable control (“Force Majeure Event”), provided that boocoo attempts to resume performance promptly at the end of the Force Majeure Event.

This Agreement will be governed by and construed under Michigan law without regard to its conflict of laws principles.

boocoo may assign this Agreement.

As of August 13, 2010, if you don’t receive your item, or if it’s not as described, boocoo ASSURANCE will cover your purchase price, plus original shipping charges. See the details below.

How does boocoo ASSURANCE work?
First, make an attempt to work things out with the seller. Remember kindergarten, when we were taught how to work things out with others? Here’s a great opportunity to practice this some more! We encourage buyers to work directly with sellers before opening a case as this is often the fastest and easiest way to resolve problems.

Still need assistance

If your complaint is still outstanding 30 days after the auction close, follow the instructions below on how to file a claim. Fill out the claim form, print it and mail it along with the required documentation to the Claims Administrator. 

• Claims must be postmarked within 60 days of the auction close date to be considered.
• Payment or denial notification on completed claims will be processed within 30 days of receipt.
• Maximum claim amount is $300 per claim.
• Each claim is subject to a $25 deductible.

What does boocoo ASSURANCE cover?
boocoo ASSURANCE covers items purchased on boocoo with eligible payment methods that are not received or not as described (misrepresented) in the listing. Items that are prohibited or restricted are not covered. Remember, boocoo ASSURANCE doesn't cover fraudulent charges or “buyer’s remorse”. Items are covered for 60 days from the close of auction. You must pay for the item in one lump sum for it to be covered. The maximum amount that can be claimed is $300, and all claims are subject to a $25 deductible.

What about the sellers?
For “item not received” cases, sellers are protected from losing a case if they ship within their stated handling time and provide proof of delivery. Proof of delivery is tracking information from a shipping company that clearly displays:

• the delivery status of the item as "delivered"
• the date of delivery (which reflects that the seller shipped within the stated handling time)
• the recipient's address, displaying at least the city/state or ZIP code (or the equivalent) of the address listed in either the boocoo order details page or the PayPal transaction details page, and
• for items $250 or more, proof of the recipient's signature to confirm delivery is required.

For "item not as described" cases, sellers may protect themselves from losing a case if they provide clear documentation that the item was described accurately and consistently throughout the listing and all associated communication. For example, cases may be resolved in the seller's favor when the seller provides documentation that:

• the buyer complains that the item is used, not new, and the listing and all associated communication clearly and consistently describes the item as used, or
• a defect in the item was correctly described by the seller, or
• the item was properly described, but the buyer didn't want it after they received it, or
• the item was properly described but did not meet buyers' expectations, or
• the item has minor scratches and was listed as used condition.

Do I need to send the item back to the seller?
If you've opened an "item not as described" case for a purchase covered by boocoo ASSURANCE, then you must send the item to the boocoo claims department, along with your claims form and other required documentation. Please send the item and required documentation using a shipping method that includes a tracking number and/or delivery confirmation.

How to File a Claim
The Buyer must make every possible attempt to rectify the situation with the Seller, prior to filing a claim. If the dispute is still unresolved after thirty (30) days, the Buyer (claimant) should begin the claim process. The claimant should download, print and fill out the claim form (below). The claim form should be mailed, with required documentation, to the Claims Administrator within sixty (60) days of the close of the auction. If the claim is for misrepresentation, the claimant must send the item (at the claimant's expense) to the Claims Administrator.

Claims not postmarked within 60 days of the Buyer’s auction close date will be declined.

Payment or denial notification on completed claims will be processed within 30 days of receipt.

boocoo ASSURANCE Terms and Conditions

Definitions

• Close of Auction - The auction close date specified by the auction site.
• Covered Item - A completed boocoo auction item, other than an excluded item (see exclusions below).
• Fraudulent Transaction - The Buyer sends money to the Seller for purchase of the Covered Item(s), in good faith, and the Seller claims to have sent the Item(s) described in the auction and cannot or will not produce proof of shipment.
• In Good Standing - means that the Buyer and the Seller have a feedback rating defined by the participating organization and have not been disqualified from buying or selling on the auction site.
• Material Misrepresentation - The Buyer sends money to the Seller, in good faith, for purchase of the Covered Item(s) and the description of the Item(s) (features, benefits, condition, shape, color, material) or, any other important aspect of the Item(s) is materially different than that of the Item(s) received by the Buyer and would be recognized as so by a reasonable and prudent person.

Details

Amounts paid under this program only apply to transactions involving Buyers and Sellers that are both registered and in “Good Standing” with auction site at the Close of Auction and only in matters involving Fraudulent Transactions or Material Misrepresentation.

All claims must be reported to and postmarked to the administrator within sixty (60) days of the Close of the Auction, and are subject to a $25 deductible. The maximum claim is $300 per claim.

This coverage is void if the claimant has concealed or misrepresented any material fact or circumstance concerning this coverage or the item that is the subject of the claim, or in case of any fraud or false representations regarding the claim.

Exclusions (also refer to Terms and Conditions on boocoo.com)

• Anything that is not allowed to be sold on boocoo.com;
• Items whose sale violates the boocoo terms of use;
• A person or entity other than the Buyer;
• Losses for which no premium has been paid;
• Items illegal under the laws of the applicable states;
• Explosives, consumables, perishables, animals, or illegal substances;
• Unlicensed sales of guns and weapons;
• Sales of pornographic materials;
• Items which infringe on the intellectual property of another;
• Items which the Buyer damages through modification or alteration (including but not limited to cutting, rewiring, sawing, or shaping);
• Services (including but not limited to the performance or rendering of labor or maintenance, repair or installation of products, goods or property, or professional advice of any kind);
• Loss caused by or resulting from inherent product defects;
• Loss arising from illegal activity or acts of God (including but not limited to flood, hurricane, and earthquake);
• Property while in the care, custody or control of a common carrier (any land, water, or air conveyance operated under a license for the transportation of passengers for hire);
• Loss resulting from Mysterious Disappearance; lost or ite ms to the wrong address.

If you have any questions about the boocoo ASSURANCE program please contact us.

TAKE DOWN POLICY

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to 37 C.F.R. §201.38 and §512 of the Digital Millennium Copyright Act, 17 U.S.C. §512(c), you may notify Ranger Data Technologies, Inc. d/b/a BOOCOO Auctions (“boocoo”) of an infringing work by submitting the following information in writing to our designated agent:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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 list of such works at that site.
3. 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 boocoo to locate the material.
4. Information reasonably sufficient to permit boocoo to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted.
5. 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.
6. 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.

DMCA COUNTER-NOTIFICATION PROCEDURE (FOR COPYRIGHTED WORKS ONLY)

After boocoo removes or disables a listing or forum posting because it contains material that constitutes copyright infringement, the seller may provide a statutory counter-notification to boocoo pursuant to the DCMA and request that the listing be restored. Your counter-notification must be in writing and can be sent to webmaster@rangerdata.com, or by fax or regular mail to boocoo designated agent. The counter-notification must contain the following information:

1. Your physical or electronic signature
2. A description of the item that was removed
3. The item number or URL of the item before it was removed
4. 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 item to be removed or disabled
5. Your name, address and telephone number
6. A statement that you consent to the jurisdiction of the federal district court where your address is located, and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

You may be found liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity does not infringe the copyrights of others. If you are unsure whether certain material may infringe another’s copyright or other intellectual property or legal rights, you should consult an attorney.