BOOMERANG ELITE

Terms & Conditions


BOOMERANG ELITE LTD. TERMS AND CONDITIONS OF USE

Boomerang Elite LTD. Neue Rothofstr
13-19 Frankfurt,
HE 60313

LAST UPDATED: July 22nd, 2018
PREAMBLE:
Please read these Terms and Conditions of Use (the "Terms of use" or "Agreement") carefully before using this website. By using any of the websites, goods or services associated with http://boomerangelite.com/ , you agree to be bound by this Agreement, including but not limited to http://boomerangelite.com/ and any other sites that link to these terms of use.
The preamble as well as the Privacy Policy (link here) are an integral part of this agreement;

1. Rules of Conduct

    • 1. This Site at http://boomerangelite.com/ is fully controlled and operated by Boomerang Elite LTD. By accessing or using this website, any pop-ups, internal links, any pages with the same or similar URLs, or any other website owned or operated by Boomerang Elite LTD., you agree to these Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use the Site and you must stop using it immediately;
    • 2. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" tab at the top of this Agreement. You should always check this Agreement prior to using Boomerang Elite LTD.'s websites. Your continued use of Boomerang Elite LTD.'s websites following the posting of changes to this Agreement will mean that you accept those changes. Boomerang Elite LTD. will take all reasonable measures to give users notice of a Terms of Use modification. These Terms of Use apply to the websites, mobile apps, applications and other interactive features, goods, products or services that post a link to these Terms of Use (known henceforth as "Products".);
    • 3. Boomerang Elite LTD. is referred to in these Terms of Use as "Boomerang Elite", "we" or "our." "You," "your," "user" refer to any person or entity using the Boomerang Elite websites;
    • 4. These Terms of Use govern your use of the website, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Products, or through any third-party website that links to them ("Linked Services"), and regardless of whether you are a registered user, client, customer, guest, or independent sales representative;
    • 5. We expect users of the Boomerang Elite websites to respect the law, the rights and dignity of others and to conduct themselves as a reasonable person would do if accessing a similar website. While using the Boomerang Elite websites, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Boomerang Elite websites is conditioned on your compliance with the Terms of Use in general and the rules of conduct set forth in this section. Failure to comply with these Terms of Use or rules of conduct may result in termination of your access to the Boomerang Elite websites pursuant to Section 12 below;

2. Ownership of Intellectual Property

    • 1. All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Boomerang Elite;
    • 2. All Material is protected, without limitation, pursuant to European and foreign copyright, trademark and intellectual property laws. Boomerang Elite hereby grants you a personal, non-exclusive, non-assignable and non transferable license to use and display, for noncommercial and personal use only, one copy of any material that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated provided that you maintain all copyright and other notices contained in such Material;
    • 3. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Boomerang Elite. Use of Boomerang Elite's Material is only permitted with their express written permission;
    • 4. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws;

3. User Content and Activities

    • 1. When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, comment, testimonial, feedback, message, image, video, text, or other material ("User Content") to Action Fractions or to a Boomerang Elite website, you grant Boomerang Elite and any Boomerang Elite employee, associate, director, contractor, affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Boomerang Elite, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content;

4. Registration, Usernames and Passwords.

    • 1. You may be required to register with Boomerang Elite in order to access certain areas of the Boomerang Elite websites. With respect to any such registration, we may refuse to grant you access or registration, notably, for any of the following reasons :
      • 1.1. Improper use of a username or email address that belongs to or is already being used by another person. Such actions may be construed as impersonating another person;
      • 1.2. Violation of intellectual property or other rights of any perso
      • 1.3. Use of an offensive username or email address
      • 1.4. any other reason at our sole and unfettered discretion;
    • 2. You are responsible for maintaining the confidentiality of any password you may use to access the Boomerang Elite websites and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Boomerang Elite websites, to any third party;
    • 3. You are fully responsible for all business, payments, and other interactions with the Boomerang Elite websites that occur in connection with your username;
    • 4. You agree to immediately notify Boomerang Elite of any unauthorized use of your password or username or any other breach of security related to your account, your username or the Boomerang Elite websites, and to ensure that you "log off" and exit from your account with the Boomerang Elite websites (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations;

5. Purchase

    • 1. If you wish to purchase any goods or service or to make a payment via a Boomerang Elite Website, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, your credit card verification or other security codes, the expiration date of your credit card, your billing address and your shipping information;
    • 2. Any such information provided through the Boomerang Elite Websites will be treated by Boomerang Elite in accordance with this Agreement, the Privacy Policy, and any other agreement you may have with Boomerang Elite. Verification of information may be required prior to the acknowledgment or completion of any purchase;
    • 3. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any purchase;
    • 4. Boomerang Elite reserves the right, with or without prior notice:
      • 4.1. to change goods or service descriptions, images and references;
      • 4.2. to limit the available quantity of any good or service;
      • 4.3. to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion;
      • 4.4. to prevent or prohibit any user or customer from making any or all purchases; and
      • 4.5. to refuse to provide any user or customer with any good or service;
      • 4.6. Price and availability of any good or service offered through the Boomerang Elite Websites are subject to change without notice, and Boomerang Elite shall not be responsible for errors in the prices or descriptions of such products or services;
      • 4.7. Refunds and exchanges will be subject to Boomerang Elite's refund and exchange policies then in effect;

6. General Disclaimer, Warranties, and Limitation of Liability

    • 1. The Boomerang Elite websites and services are provided on an "as is," "as available," and "with all faults" basis and without warranties of any kind, either express or implied. Use of Boomerang Elite websites, Products, goods and services are at your risk and peril;
    • 2. To the fullest extent permissible under applicable law, Boomerang Elite and its directors, employees, managers, officers, agents, representatives, vendors, independent sales representatives, and third party licensors of content sold through Boomerang Elite (collectively the "Boomerang Elite parties") specifically make no representations, warranties, or endorsements of any kind, whether express or implied, as to (a) the Product (b) the goods; (c) the services; (d) Boomerang Elite content; (e) user content; and/or (f) security associated with the transmission of information to Boomerang Elite or via the Products, goods, or services;
    • 3. In addition, the Boomerang Elite Parties disclaim all warranties, express, implied, or statutory, including, but not limited to, warranties of fitness for a particular purpose, of merchantability, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus;
    • 4. Without limiting the foregoing, the Boomerang Elite parties specifically do not warrant that the Product, goods, or services will be error-free, that defects will be corrected or that the Products, services, goods, or the server, network or other software and equipment that makes them available are free of viruses or other harmful components;
    • 5. Boomerang Elite does not make any representations or warranties regarding the content of its Products, goods, websites or services, or regarding the results of the use of the website, Products, goods or services in terms of their completeness, correctness, accuracy, reliability, usefulness or otherwise, unless specifically set out on the services;
    • 6. The resources and information on boomerangelite.com are available merely as informational resources and should not be considered substitutes for one's own research or for consulting a professional;
    • 7. In using Boomerang Elite websites, you specifically agree not to use, claim or submit as your own any portion of the help materials. You further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems, professionals in the related field, or instructors of applicable courses;
    • 8. You acknowledge that your use of the website, products, goods, or services are at your sole risk. Boomerang Elite does not warrant that your use of the website, products, goods or services is lawful in any particular jurisdiction;
    • 9. By accessing or using the website, products, goods, or services, you represent, declare and hereby warrant that your activities are lawful in every jurisdiction where you access or use the website, products, goods or services. Boomerang Elite is not responsible for the user content, accuracy or opinions expressed in user content posted or provided by third parties on the services or linked services, and such services are not necessarily investigated, monitored or checked for accuracy or completeness by Boomerang Elite;
    • 10. Inclusion of any linked website or feature on the services does not imply approval or endorsement of the linked website or feature by Boomerang Elite. In addition, Boomerang Elite is not responsible for, and specifically disclaims any responsibility or liability to any person or any entity for any damage (whether actual, consequential, punitive or otherwise), injury, loss, claim, or liability or other cause of any kind or character based upon or resulting from any user content or by any of the equipment or programming associated with or utilized in the website, goods, services or linked services.
    • 11. Posts and linked services created and posted by users on, through or in connection with the website, goods, or services may contain links to other websites or services. Boomerang Elite takes no responsible for, is not responsible for, and specifically disclaims any responsibility or liability for or from these websites or services;
    • 12. Boomerang Elite takes no responsibility for third party advertisements or linked services that are posted on, through or in connection with the website, goods, services, or linked services, nor do we take any responsibility for the goods or services provided by these third parties;
    • 13. Under no circumstances will Boomerang Elite be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the goods, services or linked goods and services, attendance at a Boomerang Elite event, from any user content posted on or through the services or linked services, or from the conduct of any users of the services, whether online or offline;
    • 14. Boomerang Elite is not liable for any losses, damages, injuries or prejudices either direct, indirect; previsible or imprevisible; bodily, moral or material in any nature from any goods, services or websites associated with us;
    • 15. All disclaimer chapters in this Terms of Use shall survive any expiration or termination of your relationship with Boomerang Elite;

7. Disclaimer with regards to independent Sales representatives

    • 1. If you are an Boomerang Elite Independent Sales Representative, you acknowledge and agree that your use of Boomerang Elite websites is subject not only to this Terms of Use, but also to the terms and conditions contained in your Boomerang Elite Independent Sales Representative Agreement and the Boomerang Elite Privacy Policy;
    • 2. Boomerang Elite Independent Sales Representatives are independent third party contractors of Boomerang Elite and are not otherwise affiliated with Boomerang Elite. Boomerang Elite is not responsible or liable for the statements, acts or omissions of an Independent Sales Representatives, whether through or in connection with Boomerang Elite websites, goods, services, or otherwise.
    • 3. Without limiting the foregoing, you acknowledge and agree that Boomerang Elite has no control over, and is not responsible or liable for, any representation, text, images, or other information or materials posted by an Independent Sales Representatives regardless of the support of such material, whether oral, written, paper, electronic, online or otherwise;
    • 4. Boomerang Elite has not taken any steps to confirm the accuracy or reliability of any Independent Sales Representative Content, representations, or other materials communicated by an Independent Sales Representative to you, and Boomerang Elite makes no representations or warranties as to the security of any communications between you and any Independent Sales Representatives undertaken using Independent Sales Representative Content (for example, email or any social media links posted by Independent Sales Representatives);
    • 5. All Boomerang Elite Independent Sales Representatives must complete a course before they can begin their third party contract work. This training includes, notably, what representations they are allowed to make whether orally, written, electronically or online according to the laws and regulations of their particular jurisdiction. Any unlawful or prohibited representations whether orally, written, electronically, online or otherwise by an Independent Sales Representative are expressly and unequivocally prohibited by Boomerang Elite. Boomerang Elite is not responsible or liable in any way shape or form for said aforementioned representations made by an Independent Sales Representative regardless of support, form, medium, or presentation;
    • 6. Subject to provisions of this Section 7, each Independent Sales Representative has not been advised, consulted or directed to make any type or representations whatsoever by Boomerang Elite;
    • 7. Independent Sales representatives are not agents, employees, associates, representatives, counselors or mandatories of Boomerang Elite;
    • 8. Each Independent Sales representative that decides to perform third party contract work with Boomerang Elite declares that they are permitted to perform such work in their applicable jurisdiction. Boomerang Elite is not responsible or liable in any way shape or form if said work is prohibited or performed in an unlawful fashion in a particular jurisdiction;
    • 9. Boomerang Elite is not liable in anyway whatsoever if an Independent Sales representatives decides not to adhere to the laws and regulations of Europe, their applicable jurisdiction, these Terms of Use, the Privacy Policy, their Independent Sales Representative Agreement or any other bilateral agreement between Boomerang Elite and the Independent Sales representative;

8. Warranties made by User

    • 1. If you are a Boomerang Elite website user, you acknowledge and agree that your use of Boomerang Elite websites is subject not only to this Terms of Use, but also to the terms and conditions contained in any agreement between you and us, and the Boomerang Elite Privacy Policy;
    • 2. The User warrants and is fully aware that Boomerang Elite and Boomerang Elite Parties do not and cannot give investment advice, that Boomerang elite is not investment venture, advisor, fund, broker-dealer or agent, that Boomerang Elite and Boomerang Elite Parties do not perform any investment transactions, and that Boomerang Elite websites do not give investment advice and do not advise you to buy or sell securities;
    • 3. The User warrants and is fully aware that there is no expectation or promise of profit in any way shape or form when they decide to access our websites, or purchase a good or service from Boomerang Elite or Boomerang Elite Parties;
    • 4. The User warrants and is fully aware Boomerang Elite strictly prohibits and does not condone any investment advice, expectation of profit, or promise of profit to be given by Boomerang Elite Parties;
    • 5. The User warrants that they understand and comprehend :
      • 5.1. what are Application-specific integrated circuit (ASIC) machines, cryptocurrency, digital assets, blockchain, distributed ledger technology, cryptocurrency mining, hash power, hash rates, cryptocurrency wallets, Bitcoin (BTC), Ethereum, and all other major cryptocurrencies;
      • 5.2. how finance, fintech, markets, accounting, and investments work; that they have done investments in the past; that they understand economics;
      • 5.3. How software development, programming, and coding work as well as understand different coding languages and methods;
    • 6. The User warrants that
      • 6.1. any information or material that they provide in connection with your use of the Boomerang Elite websites is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete;
      • 6.2. They you are at least fourteen (14) years old;
      • 6.3. the use of the information or material that you supply does not violate this Terms of us
      • 6.4. if you have provided contact information, Boomerang Elite may contact you for your opinions, in connection with the business of Boomerang Elite and for other matters related to the operations of Boomerang Elite;

9. Disclaimer with regards to Boomerang Elite

    • 1. Boomerang Elite is not an advisor, an agent, an underwriter, a dealer, an investment dealer, a distributor, an investment fund, a mutual fund, a mutual fund dealer, scholarship fund dealer, exempt market dealer, a restricted dealer or a non-redeemable investment fund as the terms are defined by the Securities Act of Frankfurt, Germany (V-1.1).
    • 2. Boomerang Elite does not sell or dispose of a security by onerous title; participate as a trader in any transaction in a security through the facilities of an exchange or a quotation and trade reporting system; receive by a registrant of an order to buy or sell a security; transfer or give in guarantee of securities of an issuer from the holdings of a control person in connection with a debt.
    • 3. Boomerang Elite is a marketing firm that sells ASIC machines

10. Indemnification

    • 1. You will indemnify and hold the Boomerang Elite and Boomerang Elite Parties harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"):
      • 1.1. your use of, inability to use, or activities in connection with the Boomerang Elite Websites;
      • 1.2. any violation of this Agreement or any other Boomerang Elite terms, conditions or policies by you or through any account you may have with any Boomerang Elite Websites;
      • 1.3. any business between Boomerang Elite, Boomerang Elite Parties, and User;
      • 1.4. any allegation that any Submission or other materials that you make available through the Boomerang Elite Websites infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or
      • 1.5. your violation of any rights of any Boomerang Elite Websites visitor, user, or customer, or any other third party; and you agree to reimburse Boomerang Elite or Boomerang Elite Parties on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s);

11. Representation

    • 1. Natural persons who agree to these terms of Use on behalf of legal persons declare that they are fully authorized and empowered to enter into this Contract, and that the performance of the obligations under this Contract will not violate or infringe upon the rights of any third-party, or violate any agreement between the Parties and any other person, firm or organization or any law or governmental regulation;

12. Termination and Enforcement

    • 1. This Agreement is effective until terminated by Boomerang Elite;
    • 2. You agree that Boomerang Elite, at its sole discretion, may terminate your access to or use of the Boomerang Elite Websites, at any time and for any reason, including without limitation if we believe that you have violated, failed to comply, or acted inconsistently with the letter or spirit of these Terms of Use;
    • 3. Upon any such termination, your right to use the Boomerang Elite Websites will immediately cease. You agree that any termination of your access to or use of the Boomerang Elite Websites may be effected without prior notice and that we may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files;
    • 4. You agree that Boomerang Elite shall not be liable to you or any third party for any termination of your access to the Boomerang Elite Websites or to any such information or files, and shall not be required to make such information or files available to you after any such termination;
    • 5. Boomerang Elite reserves the right to takes steps that we believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the Boomerang Elite Websites and/or a third party claim that your use of the Boomerang Elite Websites is unlawful or violates such third party's rights);

13. GENERAL PROVISIONS

  • Unless otherwise stated in this Agreement, the following provisions shall apply
    • 1. Separate Undertakings The undertakings set forth in this Agreement shall be separate the one from the other and shall be interpreted as such;
    • 2. Reasonableness of the Undertakings the User recognizes that the undertakings assumed by it:
      • 2.1. are reasonable in all respects, including, without limitation, as to their subject matter, scope and duration, given the consideration referred to hereinabove and the operations of each of the Parties up to that time;
      • 2.2. are necessary in order to protect our legitimate interests;
    • 3. Judicial Reduction of the UndertakingIf a court rules that one of the provisions of this agreement is too broad, in particular, but without limitation, as regards its subject matter, scope or duration, the said court shall have the power to reduce any such subject matter, scope or duration to the maximum level the court considers reasonable rather than cancel the said provision, declare it to be unenforceable or suspend the application thereof. In such a case, the provisions in question shall be deemed to have been amended in accordance with the conclusions of the judgment rendered by the court, after the expiry of all appeal deadlines;
    • 4. Discretionary Reduction of the Undertaking We may, at any time and at our entire discretion, reduce the object, scope or duration of any undertaking assumed in our favour by the User, cancel the said provision or suspend the application thereof. However, no presumption of fact or of law affecting the provision not contemplated by such reduction, cancellation or suspension shall be drawn from any such action on the part of the Party in question;
    • 5. Other Agreements: This Agreement is only part of the overall contractual relationship which exists or may exist between us and the User. Accordingly, it does not contain all of the terms and conditions of such contractual relationship;
    • 6. No Defence The existence of any right, claim or recourse on the part of the User arising from any understanding other than that evidenced in this Agreement, shall not, in any manner whatsoever, be a ground of defence, contestation, opposition, set-off or cross-demand with respect to any legal proceeding instituted against the us in order to assert its rights under this Agreement;
    • 7. Severability If all or part of any section, paragraph or provision of this Agreement is held invalid or unenforceable, it shall not have any effect whatsoever on any other section, paragraph or provision of this Agreement, nor on the remainder of the said section, paragraph or provision, unless otherwise expressly provided for in this Agreement;
    • 8. Notices Any notice intended for the User shall be deemed to be validly given if it is in writing and is sent to the primary email address specified in your particular Boomerang Elite account or by placing a prominent notice on our site prior to the change becoming effective.
    • 9. HeadingsThe headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof;
    • 10. No Waiver Under no circumstances shall the failure, negligence or tardiness of Boomerang Elite as regards the exercise of a right or a recourse provided for in this Agreement be considered to be a waiver of such right or recourse.
    • 11. Cumulative Right All rights set forth in this Agreement shall be cumulative and not alternative. The waiver of a right shall not be interpreted as the waiver of any other right;
    • 12. Entire Agreement Subject to the Privacy Policy and any other written agreement between Boomerang Elite and the User, this Agreement constitutes the entire understanding between the Parties. Declarations, representations, promises or conditions other than those set forth in this Agreement shall not be construed in any way so as to contradict, modify or affect the provisions of this Agreement;
    • 13. Number and Gender Where appropriate, the singular number set forth in this Agreement shall be interpreted as the plural number, and the gender shall be interpreted as masculine, feminine or neuter, as the context dictates.
    • 14. No Right to TransferNeither of the Parties may, in any manner whatsoever, assign, transfer or convey its rights in this Agreement to any third Party, without the prior written consent of the other Party;
    • 15. Currency The currency used for purposes of this Boomerang Elite Websites shall be the American Dollar;
    • 16. Governing Law This Agreement shall be construed and enforced in accordance with the laws in force in the city of Frankfurt, Germany, to the detriment of any and all other jurisdictions;
    • 17. Election of Domicile The Parties agree to elect domicile in the judicial district of Frankfurt, Germany, for the hearing of any claim arising with respect to the interpretation, application, performance, term, validity or effects of this Agreement, to the detriment of any and all other domiciles;
    • 18. Joint and Several LiabilityWhenever one of the Users is constituted of two or more persons, these persons shall be jointly and severally liable towards Boomerang Elite;
    • 19. LanguageThe User has expressly agreed to consult Boomerang Elite websites in English and French.