RENTAL AGREEMENT/SERVICE POLICY
Table of Contents:
- No Obligation To Sell Mispriced Products Or Services
- Purchasing Books
- Pricing and Availability
- Returning Books
- Rental Period
- Books Not Returned By Due Date/Automatic Extensions and Buyouts
- Purchasing Your Rental
- Extending Your Rental
- Lost Books
- Damaged/Incorrect Items Received
- Damaged Books Returned
- What We Rent
- Intellectual Property
- Payment/Collection Information
- Processing Orders
- Store Credit
- Books Not Received
- Third Party Collection
- Selling Your Textbooks
- Returning Books Not Rented From Rafter
- Terms and Conditions for Virtual Gift Certificates
- Governing Law
Rafter shall have the right to refuse or cancel any orders for any lawful reason, including without limitation products/services listed at an erroneous price, rebate or refund, or containing any other incorrect terms, information or typographical errors, or orders involving potential fraud or account abuse as determined by Rafter in its sole discretion. Rafter shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. If your credit/debit card has already been charged for the purchase and your order is canceled, Rafter will promptly issue a credit to your credit/debit card account in the amount of the charge.
When you purchase a new or used book from Rafter, your credit/debit card will be charged for the purchase price of the book plus applicable tax and shipping. When you receive your book from Rafter, the book becomes your property.
Rafter offers a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Site may be unavailable from time to time. Since we have multiple supply sources and are constantly updating our inventory, our pricing may change upon checkout. Because of this, prices and availability of products on the Site are subject to change without notice. Please be sure to confirm the price stated at checkout – that is the price you will be charged.
Products may rent quickly and therefore there may be a change in the product’s availability from the time the product has been placed in a “cart” but before an order has been submitted. Similarly, you should understand that the pricing of products is dynamic and constantly changing based on many factors including product demand and availability, such that there may be instances where you are able to place a product in your “cart”, but upon submitting your order for processing, the pricing for such product may have changed. You agree that you are solely responsible for ensuring that any applicable pricing listed with respect to products in your order is acceptable to you immediately prior to submission of an order for processing. Upon submission of the order, you are solely responsible for all costs, charges and fees resulting therefrom. Please see the section entitled Selling Your Textbooks to see how these dynamic pricing terms may also affect any books you may wish to sell to Rafter.
On rare occasions, you may receive notice that an item listed on your order receipt has become out of stock. You agree that we may rescind our acceptance and we may cancel any product(s) in your order without penalty if we are unable to ship the product you ordered due to unavailability.
Return your books by the last day of your rental period. (For more information on our return process visit the How to Return page.) All items that originally came with the book, such as, CDs, DVDs, access codes, inserts, workbooks, study guides, etc., must be returned with the book.
Rafter is not responsible for any return shipment that does not follow our return procedures. This includes: (1) shipments that do not use a Rafter shipping label; (2) shipments that do not include the Rafter packing slip; and (3) shipments not properly dropped off at a (U.S. only) valid carrier location. (You are not allowed to request pick up. If you do, your account will be charged for the associated cost.)
Please note that our website will be down occasionally for regular maintenance during off-peak hours. We try to keep downtime as short and infrequent as possible, but it is always best to print your return shipping label a couple days before you plan on sending back your books. Rafter is not responsible for books that are returned late due to Site maintenance.
Your rental begins on the date your book is delivered, based on your tracking number, and must be returned by the last day of your rental period. Otherwise, we assume you are extending your rental and/or intending to purchase the book. You will be charged accordingly (see the Books Not Returned By Due Date/Automatic Extensions and Buyouts section).
If your book is not returned by the end of your initial rental period, and you have not otherwise extended your rental period, you will automatically be charged for an extension period at the same daily rate of your rental.* If your book has not been returned by the end of the first automatic extension period, you will automatically be charged for a second extension, and thereafter you will continue to be charged for recurring extensions after each due date passes. These automatic extensions will continue until the book is returned, or the book becomes subject to buyout at the buyout price** in one of the three ways listed below.
A rental buyout occurs in one of three ways: (1) you may elect a buyout at any time by going to the Extensions/Buyouts section and selecting the buyout option; (2) a buyout will be deemed to have occurred if the amount you have paid (or owe) for a rental, including extensions, is greater than the book’s buyout price (in which case you will be charged the buyout price only); or (3) a buyout will be deemed to have occurred if the book has not been returned after two automatic extension periods and you fail to pay all applicable extension fees (i.e. your credit/debit card is declined), in which case you will be charged the buyout price. Once you pay the buyout price of a book, it becomes your property.
*You can view the price of an extension for your book at any time by logging into your account and going to Extensions/Buyouts. ** The buyout price equals the purchase (new) price of the book plus any applicable sales tax, minus what you’ve already paid to rent the book, including any paid rental extensions.
If you have not returned the book by the due date and we are unable to charge your credit/debit card, it is your responsibility to pay the fee immediately. You will be notified via email if your credit/debit card was declined. If you do not pay all amounts due within 7 days of notice of the declined charge, Rafter will turn your account over to a third-party collection agency. All accounts sent to collections are subject to an additional $25.00 fee.
You have the option of buying out your rental. If you want to buy out your rental, you will be charged the purchase (new) price of the book plus any applicable sales tax, minus what you’ve already paid to rent the book, including any rental extensions (the “buyout price”).
To buy a book you are renting, go to the Extensions/Buyouts page to choose the "buyout" option for the rental you wish to purchase and proceed with checkout. Upon completion of the checkout process, you will have opted out of the rental agreement and the book becomes your property.
If you wish to keep your rental past its due date, you can extend it by going to the Extensions/Buyouts page Once there, choose the appropriate extension period for the rental you wish to extend and proceed with checkout. After you have completed checkout, your due date will automatically be extended by the number of days selected.
During your rental period, all books remain the exclusive property of Rafter. Your acceptance of the book and paying rental fees entitles you only to limited use of Rafter’s property for a specified amount of time and subject to the terms and conditions of this Agreement. At the end of the rental period, you have no further right to use/possess the book.
During the rental period you are deemed to be solely responsible for the rented book, and you are responsible if it is damaged, lost or stolen (whether or not caused by you). If you do not return the book at the end of your rental period, your credit/debit card will be charged the corresponding buyout price (see the Books Not Returned By Due Date Section).
Rafter guarantees that our books will arrive to you in good condition. If you receive a book that is damaged or incorrect, you must notify Customer Service within 21 days of when it is ordered. Once you do, our Rafter guarantee gives you the option of choosing between getting a replacement book sent at no extra cost, or returning the book for a full refund. Books purchased through the BookRenter Marketplace are sold strictly on an "as-is" basis and are not subject to return or refund.
If you opt for a replacement, Rafter will email you a free shipping label to return the damaged or incorrect book. At the same time, the rental period of the original book will be set to 30 days to allow adequate time for you to return the book; however, to avoid being charged for keeping the original book, send the damaged/incorrect book back with the provided shipping label no later than the book's due date. If the book isn't returned by its due date, auto extension and auto buyout charges may be applied.
Books are required to be kept in the same condition in which they are received (absent normal wear-and-tear). If a book is returned to us as damaged and rendered unusable, it will remain the property of Rafter and you may be charged an amount up to the buyout price for the book. You are responsible for damage caused during the rental period and in transit back to Rafter because of insufficient/improper packaging. For examples of like-new and damaged books and their corresponding damage fees, please refer to the descriptions below.
You agree that Rafter’s evaluation of a book’s condition shall be final and binding.
- Required Condition - No Damage Fee
- The book has a firm cover with no noticeable damage. All pages must be intact (no creases, tears, or stains present). There can be minimal writing or highlighting, but no damage to the binding.
- Unacceptable Condition - Damage Fee Applies
Minor Damage ($15)
There is light damage to the book's cover (markings on the inside or outside, or portions ripped off) or pages (medium to large creases, tears, stains, or liquid damage).
Major Damage (buyout price)
The cover is noticeably damaged or missing. Pages are stained, missing, illegible, or otherwise warped. There is heavy writing and/or highlighting throughout the book. Any other condition that renders the book unusable, including exposure to chemicals, perfumes, cleaning agents, or tobacco, smoke etc. that causes any noticeable odor, will also result in a major damage fee.
In the event you incur a major damage fee and are charged the buyout price for the book you have the option to have the damaged book shipped back to you at your expense. You must contact Customer Service within twenty-one (21) calendar days of the day you are charged the major damage fee to arrange (and pay) for the damaged book to be shipped to you. If you do not provide Rafter with shipping instructions and payment within this time, the damaged book will be considered permanently and irrevocably abandoned by you. Accordingly you will automatically forfeit any and all right, title or interest in the book. The abandoned book will then be recycled, donated or otherwise disposed of in a manner of Rafter’s choosing without further notice or obligation to you.
Modest levels of writing and highlighting are allowed. If a book is returned with a copious amount of writing or highlighting, as determined by Rafter in its sole discretion, a damage fee may be charged (see above section).
We only rent books that can be reused; workbooks, study guides, laboratory manuals, periodicals, and other consumable materials are not rented. Furthermore, we do not guarantee that access codes/keys/cards, CDs, DVDs, workbooks, or any other type of supplemental material will come with your books, purchased or rented. If a book you rent or buy from Rafter arrives with a supplement, you are allowed to use it at no extra cost. At the end of the rental, all supplemental material must be returned with the book rented.
All rented items are protected by applicable copyright and contain proprietary information and material that is owned by Rafter and/or its licensors, suppliers or agents. Books/materials should not be used in any way whatsoever except in compliance with the terms of this Agreement without express written permission from Rafter. No portion of any rented item may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to copy, scan, photocopy, modify, rent, lease, loan, sell, distribute, reproduce, or create derivative works based on the rented items, in any manner, or otherwise commercially exploit the rented items. Rafter reserves the right to terminate your account and rental if we, in our sole and absolute discretion, believe that you are in violation of these terms. Rafter does not promote, foster or condone the copying of CDs, written publications, or any other rented items nor does it condone any other infringing activities. The use of CDs and publications rented to you is solely for your personal and non-commercial use. ANY OTHER USE IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Rafter trademarks, service marks, graphics and logos used in connection with the services provided hereunder are trademarks or registered trademarks of Rafter. Other trademarks, service marks, graphics, and logos used in connection with the rented materials may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the aforesaid trademarks, graphics, logos, etc.
As a part of the credit or debit card verification process, some orders placed on Rafter may be subject to a $1 pre-authorization hold. This pre-authorization is NOT a charge, but rather a temporary hold placed on the card to verify that it is valid. In most cases the $1 hold is released by the associated financial institution within 3 to 5 business days. In some instances, especially with prepaid credit cards, the issuing bank may take longer or require the cardholder contact them directly to have the $1 hold released. In some cases, if you enter incomplete or erroneous credit/debit card information the intended transaction will be declined but a temporary hold may nonetheless be placed on your account by your card issuer for the amount of the attempted transaction(s). This temporary authorization hold may persist for several business days even if you subsequently re-enter valid card information and the transaction is ultimately approved and your card charged. Rafter cannot be responsible for overdraft or other penalties/fees you may incur as a result of (pre-) authorization holds due to incomplete or incorrect credit/debit card information. Please double-check that your information is correct before submission.
Should a credit/debit card charge be declined for any reason, then as a courtesy only and without waiving any rights or time, and using the information you provided in establishing your account, we will endeavor to contact you by email, text and/or phone (and you hereby consent to such contact). Your credit/debit card and other billing information is held on file until all books in an order are closed (i.e. each book is returned, or bought-out and all fees paid). Rafter reserves the right to attempt a re-charge of a declined credit/debit card periodically, at any time and for any number of attempts, to collect amounts outstanding on your account. Additionally, if the primary credit/debit card on file with your account is declined, Rafter reserves the right to charge any of the other credit/debit cards you may have on file with your account. Rafter is not responsible for overdraft or other penalties/fees a customer may incur for such charges (or attempted charges). In any collections action, the person listed under the Billing Information of an account is ultimately responsible for payment. Rafter reserves the right to use a collection agency and any other means necessary to recover lost assets or any payments due. All accounts sent to collections are subject to an additional $25.00 fee.
All orders take 1-2 business days to process and ship out. Orders placed Monday-Friday before 10 a.m. Pacific Time have the current and next business day to process and ship. Orders placed after 10 a.m. Pacific Time will process and ship over the next two business days. Our published shipping timeframes are good faith estimates only based on our standard shipping methods. Although we desire to meet our published timelines, we can’t guarantee what day/date you will actually receive your order.
We may also require additional verification or information before accepting or processing any order. While we will make every reasonable effort to contact you by phone or email if additional information is required, if we are unable to reach you via the contact information you provided, or you do not reply to us within the allotted time frame, we will cancel your order. If your order is canceled after your credit/debit card has been charged, we will issue a credit to your card in the amount of the charge. In no event will Rafter be liable for any order changed or canceled as a result of any of the foregoing.
Rafter may add credits to your account in the form of Virtual Gift Certificate, through sales of textbooks as part of the Selling Your Textbooks program, or where you qualify for certain customer service credits (as determined in Rafter’s sole discretion). Rafter also may, from time to time, offer rewards to customers who participate in certain promotions. All rewards & credits that are added to your account are redeemable only through the Site. Rewards & credits are non-transferable and have no cash value. Credits do not expire. Rewards will always have an expiration date associated with them and must be used/redeemed prior to the expiration date in order to take advantage of the reward. Expired rewards will NOT be honored by Rafter.
To check your rewards & credits, log onto your account and click on the “Rewards & Credits” section. Here you will be able to determine how much credit you currently have, if any, and what rewards you have, if any, along with associated expiration dates.
It is possible to use rewards & credits in conjunction with a valid coupon code (i.e. a promotional coupon that expires and contains a code that you enter at checkout in order to redeem), but rewards & credits cannot be redeemed for cash or transferred to another person or account. If you have rewards & credits, you will have the option to apply associated amounts/discounts to an order during checkout. When applied, rewards & credits will go towards the order total, including shipping and tax. Any unused balances will remain in your account in the form of a reward and/or credit, as applicable. If an order paid with rewards & credits is later returned for a refund, the refund amount will be issued in the same form of the payment received (reward or credit and/or credit/debit card refund, as applicable), except that rewards that expired prior to the refund date will not be added back to your customer account. Standard refund policies apply.
All orders placed, no matter the amount of rewards & credits applied, require a valid debit/credit card that may be charged in the event that books are not returned by their due date. Rafter will have the right to close customer accounts and bill the debit/credit card on account if a fraudulently obtained reward or credit is used.
If your book is not delivered to you in a timely manner or you receive a book you did not order, you must inform Customer Service within three (3) business days of your order's delivery estimate/date. If you do not notify Customer Service within this time frame, we will be unable to send a timely replacement or make a claim with the distributor and or/carrier for a lost or incorrect order. Any shipment that you fail to report as undelivered or incorrect within three (3) business days of the estimated delivery date shall be conclusively deemed to have been correct and properly delivered. Accordingly, you will be fully liable for the order.
Books purchased through the BookRenter Marketplace are sold strictly on an "as-is" basis and are not subject to return or refund.
Ebooks must be returned within 14 days of your order date. To receive a refund for an eBook, go to the “My eBooks” section of your account and click the link "Need to request a refund for any of these." You'll be brought to a page where you can choose the eBooks you wish to return. Only eBooks that were ordered within the last 14 days will show as available for a refund.
If you wish to return a rental for a refund, you must visit the Refund page within 21 days of your order date. From this page, you will be able to print a prepaid shipping label to return your book(s). You must make your return using this prepaid label at a FedEx, US Post Office or UPS location. Rafter will not honor refunds on books shipped back late or refunds not using the Rafter prepaid shipping label. All books must be returned in the condition in which they were received. Failure to follow any of the above rules can result in your book being ineligible for a refund..
You will be notified via email once your return has been received and processed, which can take 2-4 weeks. Once the return has been processed, a refund will be posted to the credit/debit card you used to place your order. It normally takes 5-10 business days for financial institutions to process this transaction.
Refusing delivery is not an acceptable way to return a book, for a refund or at the end of the rental period. Rafter is not responsible for books that are "returned to sender." If a book's delivery is refused for any reason, Rafter will make every effort to refund the customer as soon as Rafter, or its agent, has received and successfully processed the refused shipment. There is, however, no guarantee when and if the refused shipment will be successfully processed.
Please see the below sections for the difference between refunds due to Rafter's error and all other refunds.
Due to Rafter's Error
If Rafter makes a mistake with your order (e.g. you receive books that do not match your order or books with major damage, as determined by Rafter), we will gladly provide a refund (including books, shipping and tax). Rafter does not guarantee that books come with inserts or supplements. For this reason, it is not considered a Rafter error if a book does not come with an insert/supplement.
Books are no longer eligible for a refund if it’s been more than 21 days since the order date; in addition, if the book is returned to us damaged or not in its original condition, a refund will not be issued.
All Other Refunds
To receive a refund, please visit the Refund page within 21 days of placing your order and ship back your book to us in original condition. You must package your return with the Rafter prepaid shipping label and take your book(s) to a FedEx, US Post Office or UPS location within 21 days of your order date. Once your return is received and processed, you will be refunded for the price of the book(s) paid plus any applicable tax. Shipping costs are not refunded (unless you are returning due to Rafter’s error as described above). If you received “free” shipping as a promotion, but choose to return the book for a refund, the actual cost of shipping the book to you will still be deducted from the refund amount. Books purchased through the BookRenter Marketplace are sold strictly on an "as-is" basis and are not subject to return or refund.
Because Rafter systems are engineered to process and ship orders as quickly as possible, the majority of orders cannot be canceled or modified (books cannot be added or deleted, and rental periods and shipping addresses and methods cannot be changed, etc.) once placed. If you no longer want the book, you can return it for a refund once you have received it. Please see the Refunds section above for more information.
If you request to return a book for a refund by generating a label on the Refund page, Rafter will attempt to cancel your book if it has not yet been processed. If Rafter is able to cancel your book, you will be sent an email confirming the cancellation and will not be charged for that book. If you do not receive an email confirming a cancellation, Rafter was unable to cancel your book. If you no longer want the book, you can return it for a refund once you have received it. Please see the Refunds section for more information.
During periods when we are seeking to buy textbooks, Rafter, in its sole discretion, will determine whether a book is eligible for a price quote issued through any program that may be offered from time-to-time allowing you to sell us your textbooks (the “Selling Your Textbooks” program). We will not honor price quotes made for books that we determine are in unacceptable condition or without their accompanying supplements, loose leaf, teachers’ or international editions, or that do not match the corresponding ISBN that was listed in the price quote provided. When we receive books that we deem to be ineligible for purchase for any reason, we will, and you hereby agree that we have the right to, recycle (or otherwise dispose of) them on your behalf. Rafter reserves the right to revoke/revise any quote for any reason until such time as the book is actually received and accepted by Rafter. If Rafter determines that the book submitted for buyback is still the subject of an outstanding rental (and thus Rafter’s property) then the buyback quote will be rescinded. Instead the book will be treated as a rental return on the account rented, and that account will be reconciled accordingly based on the return date.
Rafter price quotes are valid for a maximum of three (3) days. This means that books submitted under the Selling Your Textbook program must be shipped within three (3) days of the applicable price quote being made. If we receive books that were shipped later than three (3) days, we will compensate the customer based on the then-current value, which may significantly differ from the price initially quoted. Under no circumstances shall Rafter be responsible for (i) any lost or damaged books, or (ii) the cost of shipping books under the Selling Your Textbooks program other than through your use of the prepaid shipping label that we provide at the time of issuing the textbook price quote.
By participating in the Selling Your Books program, you represent and warrant that you are the lawful owner of the book and the book is free and clear of any lien or encumbrance. Rafter is committed to cooperating with law enforcement to the fullest extent necessary to prevent the use of its services for any unlawful purpose. Rafter may discontinue, permanently or temporarily, the Selling Your Books program for any or no reason at any time without notice.
Rafter is not responsible for any books (or other items) sent to us in error. Rafter will use reasonable efforts to notify you of any extra books received, but we cannot guarantee such items will ever be identified or recovered. If an extra item shipped to us in error is identified and available to be returned, you may request its return in writing. You will be responsible for and agree to pay all fees associated with the recovery and return shipping of such items. The risk of damage/loss/delay for books sent to us in error is at all times yours alone. Rafter shall not be liable in any way for the care/custody of non-Rafter property, and you agree to hold Rafter harmless for any damage/loss/delay, etc. incurred by you or any person related to or arising out of items shipped to Rafter in error.
Virtual Gift Certificates must be redeemed toward the purchase of eligible products on the Site. Purchases are deducted from the Virtual Gift Certificate balance. Any unused balance will be placed in the recipient's account as a credit. If an order exceeds the amount of the Virtual Gift Certificate, the balance must be paid with a credit card or other available payment method. Rafter may provide Virtual Gift Certificate purchasers with information about the redemption status of Gift Certificates that they purchase. You may check the balance remaining on your Virtual Gift Certificate by logging into your account.
Virtual Gift Certificates cannot be used to purchase other gift cards. Virtual Gift Certificates will not be redeemed if the number is invalid or cannot be identified in the Rafter system. Rafter reserves the right to restrict the redemption of more than $500.00 in Virtual Gift Certificate by any one person in any 30-day period.
Virtual Gift Certificates cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Virtual Gift Certificate balances in a Rafter account may not be transferred.
3. Risk of Loss
The risk of loss and title for Virtual Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if a Virtual Gift Certificate is lost, stolen, destroyed or used without your permission.
Rafter will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Virtual Gift Certificate is redeemed and/or used to make purchases on the Site.
5. Limitation of Liability
RAFTER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO VIRTUAL GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A VIRTUAL GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH VIRTUAL GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to Virtual Gift Certificates in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in San Mateo County, California, and you consent to exclusive jurisdiction and venue in such courts.
7. General Terms
Rafter/BookRenter Virtual Gift Certificates are issued by Rafter, Inc., a Delaware corporation with its principal place of business in California. When you purchase, receive or redeem a Rafter/BookRenter Virtual Gift Certificate, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Gift Certificate terms and conditions. Rafter reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.
By placing an order with Rafter you consent to this Agreement, which may be amended by us from time to time; provided that, the version of this Agreement in place at the time of an applicable rental transaction will govern that rental transaction to its completion. If we amend this policy, we will post any changes to this page so that you are always aware of the current terms and conditions. Please refer to this page prior to making any transaction so you remain up to date with the most recent terms and conditions. This Agreement was last updated on August 1, 2013.
You agree that any claim relating to Rafter shall be governed by the laws of the State of California without regard to its conflict of law provisions and you consent to the exclusive jurisdiction over you and such claims, and to venue of such claims, being in the California Superior Court in the County of San Mateo, California and/or the United States District Court for the Northern District of California, San Jose Division.