Terms of Service
Welcometo the BOFA marketplace service! Please read these Terms of Service (the“Agreement”) carefully. Your use of the Service (as defined below)constitutes your consent to this Agreement.
This Agreementis between you and BOFA-TECH Solutions (“Company” or “we”or “us”) concerning your use of (including any access to) our BOFA marketplace PWA (PROGRESSIVE WEB APPLICATION ), and also our BOFA marketplace website currently located at https://bofamarketplace.com/(together with any successor site(s), the “Site”).
This Agreement refers to the App and Site (together with any materials and services available therein) as the “Service.” Please note that this Agreement hereby incorporates by reference any additional terms and conditions posted by Company through the Service, or otherwise made available to you by Company.
BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT (WHICH IS 18 IN MOST STATES), OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT, AND THAT YOUR PARENT OR GUARDIAN HAS AGREED TO BE LIABLE FOR YOUR ACTS AND OMISSIONS
1.Changes
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
2. Information Submitted Through the Service.
Your submission of information through the Service is governed by Company’s Privacy Policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Service, including Product listings and other Submissions (as defined below), is and will remain accurate and complete, and that you will maintain and such information as needed.
3. Product Listings..
The Service includes a forum where users may post and browse listings for goods, including second-hand goods (“Products”). Such listings and Products are provided by users, and not by us. WE DO NOT SELL OR OTHERWISE MAKE AVAILABLE ANY PRODUCTS, WE DO NOT BUY OR OTHERWISE ACQUIRE ANY PRODUCTS, AND WE DO NOT FACILITATE THE SALE, PURCHASE OR TRANSFER OF ANY PRODUCTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH LISTINGS OR PRODUCTS, FOR ANY TRANSACTIONS OR TRANSFERS INVOLVING PRODUCTS, INCLUDING THE SHIPPING OR DELIVERY OF ANY PRODUCTS OR ANY PAYMENTS FOR PRODUCTS, OR FOR ANY DISPUTE BETWEEN USERS RELATING TO ANY SUCH LISTINGS OR PRODUCTS. PLEASE USE CAUTION AND COMMON SENSE WHEN BUYING, SELLING OR OTHERWISE TRANSFERRING ANY PRODUCT, OR MAKING OR RECEIVING PAYMENT FOR ANY PRODUCT.
Neither the availability through the Service of any such listing, nor any promotional services that we may make available to the user who posted such listing, implies our endorsement of the listed Product or the provider of such Product, or any affiliation with such provider. We make no representations as to any Products or listings, or any providers of Products. Such information and the availability of any Product are subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, sale, purchase, delivery, receipt, possession and use of any Product. We reserve the right to remove any Product listing for any reason. You must ensure that you have the necessary authority and permissions to post any Product listing, and to enter into any transaction or make any transfer relating to a Product, including, if you are not of legal age to do so, by obtaining proper parental or guardian consent. The legal age is 18 in most states
4. Registration; User Names and Passwords.
You may need to register to use all or part of the Service. We may reject,or require that you change, any user name, password or other informationthat you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account. If you register using a social media network, you authorize us to access, use,disclose and retain, in accordance with our Privacy Policy, the information that we receive from the social media network in connection with your registration.
5. License.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute,perform and display (publicly or otherwise), create derivative works of,adapt, modify and otherwise use, analyze and exploit such Submission,in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
You must ensure that you have the necessary authority and permissions to post any Product listing, and to enter into any transaction or make any transfer relating to a Product, including, if you are not of legal ageto do so, by obtaining proper parental or guardian consent. The legal age is 18 in most states.
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Service, are complete and accurate,and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
6. Monitoring
We may (but have no obligation to) monitor, evaluate, alter or removeSubmissions before or after they appear on the Service, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
7. Company’s Proprietary Rights.
We and our suppliers own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include BOFA marketplace and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
8. Indemnity
To the fullest extent permitted under applicable law, you agree to defend,indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims,liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Submissions); (b) any Products, listings for Products, transactions or transfers relating to Products, or disputes with other users of the Service; and (c) any violation or alleged violation of this Agreement by you.
9. Termination.
This Agreement is effective until terminated. Company may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason,including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and Company may, without liability to you or any third party, immediately block your associated device(s) from accessing or using the Service, and deactivate or your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials..
10. Filtering.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful tominors.Please note that Company does not endorse any of the products or services listed on such site.
11. Information or Complaints.
If you have a question or complaint regarding the Service, please send an e-mail to contact@bofamarketplace.com . You may also contact us by writing a letter to our address. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
12. Copyright Infringement Claims.
BOFA-TECH Solutions Limited solely own the copyright for BOFA marketplace. It’s the only owner of this product and no other second owner or franchise
13. Miscellaneous.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.