Terms of Service

As with just about any website you use, here are some basic rules to insure everyone (and we especially mean you) gets the excellent service and experience that they deserve.

So, if you read all of this technical and legal stuff and you agree with it, please check the appropriate box when you Sign Up.

And then go have some fun.


 

Website Terms of Use

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR AND USING THE SERVICES OR VISITING THE SITE, YOU, THE END USER, AGREE TO BE BOUND BY THE FOLLOWING TERMS.

These terms and conditions apply to any access to our services, policies, products, programs, and the buying of or bidding on goods or services, or other services, (all of the aforementioned referred to herein as the "Services"), offered by and available from any Booster Bids LLC website (referred to herein as the “Site”) and its owner and managers (including our employees, directors, officers, agents, distributors, affiliates, third-party independent contractors and representatives referred to herein as “we”, “us” or “our”) to the end user (referred herein as “you” or “your”). You must register and accept these terms in order to use the Services

We reserve the right to change, modify, discontinue or terminate any of the terms and conditions contained here or any policy or guideline of the Site or the Site itself, at any time and in our sole discretion without any advance notice. Any changes will be effective upon posting of the revisions on the Site. Changes to referenced terms may be posted without notice to you. Your continued use of this Site and the Services following our posting of them will constitute your acceptance of such changes.

The policies, rules, guidelines, and procedures contained below explain the auction process, the Services available on this Site and our privacy policies. Any other guidelines or procedures that can be found elsewhere on this Site are herein incorporated into and made a part of these terms.

IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES OR THIS SITE.

Eligibility

The Services may only be used by persons who can enter into legally binding contracts under applicable law for the purchase of goods or services. Consequently, persons under the age of 18 (or the required legal age mandated in your state) may not use the Services and should not sign up or register. By registering, you are validating and affirming that you are at least 18 years of age and at least the age of majority as mandated in your state. The Site’s services are offered to private users only and not to commercial or semi-commercial retailers.

Registering

In order to use the Site and its Services you must create an account with us. You can register and begin the account process by clicking on “Sign Up NOW”.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or your password. You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password on this Site. Your password may be used only to access and use the Services. If your password is compromised or otherwise disclosed, you must change your password in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment necessary to use our Services, including, without limitation, computer hardware and software, modems, and telephone service. In addition to maintaining the security of your personal information, including, without limitation, account and login information, passwords, and financial information, you are solely responsible for (a) all telephone and toll charges which may apply to your account depending on your location; and (b) any other charges resulting from the use of your account.

You may not register for more than one account on the Site. If you register with more than one account on the Site, you are subject to immediate closure of all of your accounts without warning and without refund of any bid credits or auctions that have been won by you and have not been processed for delivery. If a single person is found to have or maintain control over several accounts on the Site all accounts will be immediately suspended and any bids purchased will be removed without prior warning and without any form of compensation.

We reserve the right, in our sole opinion and absolute discretion, to refuse service, terminate accounts, cancel orders or disqualify you, for any reason whatsoever, including, but not limited to, a violation of the terms of this agreement or applicable law, or if you do anything that is harmful to our or the Site’s interests. If your account is terminated in accordance to these Terms, any bids won, earned or purchased, but not redeemed, at the time of termination, will be deemed immediately expired, forfeited and not redeemable. Upon registering with us on the Site you agree and consent to receive communications from us electronically, however, we will communicate with you electronically, from time to time, only for the purposes of advising you on transactions, shipments, purchase opportunities and customer service.

To participate in the Services of this Site, we may require a valid credit card number, billing address, and credit card expiration date or other payment mechanism. We use this information to charge you for fees due to us for your purchases of bids and to verify your name, address, and other information. Your payment information is not disclosed in aggregate or otherwise to any third party unauthorized by us but may be disclosed for resolving any billing disputes with your credit card company or other payment facilitator.

We accept a variety of payment options through one of the most trusted names in consumer digital security that we could find, Stripe. Stripe uses the Industry Standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. And, Stripe does not sell or send personal information to marketers or third parties. In addition, no credit card information goes to us and we actually never see any of your credit card information.

Free Shipping Restrictions and Delivery Guidelines

We welcome all end users to this Site, however, any item purchased on this Site that requires shipping will be shipped free of charge only if the delivery address for that item is located inside the 48 contiguous states of the United States of America. If you purchase an item on this Site and it requires shipping to a delivery address which is located outside of this designated area, then before it is delivered to you, you must pay all shipping costs.

YOUR SHIPPING ADDRESS MUST MATCH THE BILLING ADDRESS OF THE CREDIT CARD USED TO MAKE YOUR PURCHASES.

You agree that any item or service that you have purchased shall remain our property until we have received full payment, including any shipping costs and bids used in the auction. We will use our best efforts to promptly deliver the item you purchased, however, delivery times will vary and any delivery time indicated or provided by us should be considered only as a guide, not a set or guaranteed delivery time. We may engage third parties to satisfy our shipping requirements without being required to notify you of those shipping arrangements. Damage to any item should be reported to us upon receipt. In addition, we do not deliver to PO Boxes or to freight forwarding companies.

The Auction

Purchasing Bids

To get started all you need to do is sign-in, buy a Booster Bid Bundle which costs $25.00, and place your bids.

That’s it.

All of our auctions are live and real time. The way our auctions work is based on an internal countdown timer that ends or closes each auction at a time determined by the algorithms within our trade secret programming. This means that EACH AUCTION HAS A PRE-DETERMINED UNKNOWN TIME LIMIT and that any auction may end at any time. If you are the last person to place a bid when the internal countdown timer reaches 0:00, then you are the winner of the auction. There will be only one winner per each item auctioned.

Bids must be purchased and paid for by you prior to online bidding. Bids can be purchased only by buying a Booster Bid Bundle and this is done by clicking on the “Buy Bids Now” link. Prices for bids may change at our discretion from time to time. For promotional purposes, we reserve the right to offer some bids to select users at special or discounted prices. Bids can only be placed online through our Site.

How the Auctions Work

You can place a bid on an item in an ongoing auction by manually clicking the relevant “BID” button. With each bid submitted, the price of the item on which the user is bidding increases by $0.01. A bid submitted by the user constitutes an offer from that user to us to conclude a contract to purchase the item. A contract to purchase the item does not materialize until the auction is finished and the last bidder has followed all the steps provided for under these terms and all auction conditions pursuant to these terms have been satisfied and met. The purchase contract will exist between us and the user who has submitted the highest bid up until the point when the last bidder has submitted the last qualifying bid of the respective auction.

The user who submits the highest bid and is the last to bid wins the auction and all other bids on the item expire and will not be refunded.

Winning an Auction

If you win an auction, then within 72 hours of the closing of the auction for that particular item you will receive an email (at the email address you provided upon registering) containing the details concerning your winning bid and how to obtain that particular item. Then, just follow the instructions. Unless waived in a special offer, the user must pay the total price (auction price and possible taxes) no later than 14 days after the notification of the win is sent. After this deadline has passed, we can declare a rescission of the purchase contract to the user, which results in revocation of the user's right to delivery of the item. There is likewise no entitlement to replacement of any of the bids used in the auction.

If the user does not receive the won item, the user must file a claim of non-receipt via e-mail to Booster Bids LLC within 8 weeks of the purchase, or our obligation to deliver the product will end. No refunds of the purchase amount or cost of spent bids to win the item will be returned to the user.

We are not responsible for stolen or lost items. In the event that a product is stolen or lost, we will do our best to help customers upon request, by providing any tracking it possesses, as well as screenshots or copies of the sales receipt and possible shipping confirmation, if available.

While all language and portions of this Terms of Service are vital and important to the user, the following statement is highlighted to emphasize that every user or potential user of this Site must carefully read and fully understand the following before using the Site’s Services:

By registering and using the Site you understand that you are likely to spend more money than you may receive in merchandise value. Most customers using the Site gain less in merchandise value measured in monetary value compared to the amount of money spent bidding to win auctions. Do not buy bids or spend money on the Site if you cannot afford to lose the money. We are constantly attempting to maintain fairness and balance in the Site’s auctions. Each auction is designed to maintain fair practice, balance and create a great auction experience for all users.

In addition, a portion of the purchase price of all Booster Bid Bundles sold through a nonprofit, charitable or philanthropic sponsored Booster Bid site goes to that nonprofit, charitable or philanthropic organization. We are also certain that the entertainment value of participating in the Site’s auctions is valued and that paying a premium price for this entertainment value compared to shopping at the lowest priced retailer is fair. We do, however, strive to give as much merchandise value back to our users as we possibly can while maintaining a significant return to the sponsoring organization and healthy gross margins. Most customers will not win auctions and you are on average unlikely to save money using the Site. By using these Services you understand and agree to this statement.

Bids are non-transferable and non-refundable. Once a bid is placed in an auction, it is deducted from your account. Bids must be purchased by users prior to online bidding. Only registered users can submit the bids and all bids must be paid for in advance. When the bids are purchased and deposited into the user's Site account, a contract for the purchase of the bids materializes. Any associated invoice is due immediately. If a user is suspended for whatever reason, all of their bids will be lost and will not be refunded.

Should a payment not be honored for a user, a returned payment fee will be charged. The user shall be solely responsible for these fees. We reserve the right to block access to the user account until full payment is received by us for the outstanding invoice, including any fees due to a returned payment, etc. We may withhold any outstanding deliveries until we receive full payment. The user's bank may or may not invoice the user an international payment fee in connection with a credit card payment on the Site. It is the sole responsibility of the user to be familiar with the Terms of Use of his or her bank for such fees. We hold no responsibility for additional payment fees of any kind issued to the user by the user's bank.

Due to the billing of charges, we would like to advise all users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding practices.

Bids held in user accounts must be used within 180 days of the purchase of those bids. If the bids have not been used within 180 days of he purchase of those bids, they will expire and be permanently removed from the user’s account. In other words, AS TO THE BIDS YOU HAVE PURCHASED, IF YOU DON’T USE THEM, YOU CAN LOSE THEM.

The last bidder in an auction is determined based on the records in our database and our decision regarding the identity of the last bidder is final. If a bid is placed too late or is not correctly registered by the system, it is then invalid. Even though this bid may be the last bid on an auction, it is the last and highest valid bid on an auction that wins the auction.

Unlike other bid sites, we DO guarantee that the product model won will be sent to the winner of each auction. We do reserve the right to add, reschedule or remove products from the Site at any time without notice prior to each individual auction.

We are not responsible for third party abuse and manipulation of the Site’s service, for example, if other users create chaos on the Site that then results in lost bids. In that case, and other cases of third party abuse, we are not responsible.

Cancellation / Rescission

The user may return the item in an un-depreciated condition within 30 days of receipt if not satisfied for any reason, however, the user will be responsible for all shipping costs. Upon verification of the product's condition, we will refund the winner’s auction purchase price of the product. We will not refund the value of the bids spent to obtain the product.

Should we incur additional costs for insufficient postage on the return, for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment remitted by the user. Sets/boxes can only be returned in their entirety.

Buy This Item Now

If you want a particular item during an ongoing auction or if you didn't win an auction for that particular item that you wanted, you can still buy that same item for the Manufacturer’s Suggested Retail Price (MSRP) for a limited time. Just click on Buy This Item Now and you will be directed on how to buy that item at the Manufacturer’s Suggested Retail Price (MSRP).

Privacy Policy

We appreciate and respect the privacy concerns of the visitors to the Site and we actively take reasonable measures to respect the privacy of our users. >

As a general policy, no personal information is automatically collected from customers visiting this web site. However, the following information is recorded as a matter of course by our servers or the servers of contracted third-party e-commerce providers: (1) Contact Information such as name, email address, mailing address, phone number (2) Billing Information such as credit card number, and billing address (3) Unique Identifiers such as a user name, account number, password and (4) Preferences Information such as product wish lists, order history, marketing preferences.

As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system. We use this information to: (1) Fulfill your order (2) Send you an order confirmation (3) Send you requested product or service information (4) Send product updates or warranty information (5) Respond to customer service requests (6) Administer your account (7) Send you update emails concerning our Services (8) Respond to your questions and concerns and (9) Conduct research and analysis. We may also obtain address information about you from third party sources, such as the US Postal Service, to verify your address so we can properly ship your order to you and to prevent fraud.

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties. We may also disclose your personal information: (1) We are required to do so by law such as to comply with a subpoena, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request (2) if the Site or our ownership interests are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information or (3) to any other third party with your prior consent to do so.

Booster Bids uses Stripe.com as it financial processor payment and, to pay for your order, you will provide your credit card number or banking information. Stripe.com’s privacy policy will apply to the information you provide. In order to make a purchase from us, you may also use our shopping cart provider to finalize and pay for your order. Its privacy statement and security practices will also apply to your information. We encourage you to read that privacy statement before providing your information. Our shopping cart is hosted by our e-commerce solutions provider. They host our ordering system, and collect your billing information directly from you for the purpose of processing your order. This company does not use this information for any other purpose.

When we collect personal information directly from you, we follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore we cannot guarantee its absolute security. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Disclaimer and Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND ALL THIRD-PARTY PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR SERVICES OR ITEMS PURCHASED THROUGH THE SITE, FROM INABILITY TO USE THE SITE’S SERVICES OR ITEMS PURCHASED THROUGH THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

NO WARRANTY IS MADE BY US REGARDING ANY SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE SITE OR OTHER SERVICES PROVIDED BY US, AND WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE STRIVE TO ENSURE ACCURACY OF ALL CONTENT AND LISTINGS ON THE SITE, HOWEVER, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE.

ANY LIABILITY OF OURS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR TORTIOUS BEHAVIOR, OR UNDER ANY OTHER CAUSE OF ACTION, WHETHER IN LAW OR EQUITY, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE USER TO US FOR THE CURRENT SERVICE PERIOD OR RETURN OF THE PRODUCT. OTHERWISE, THE SERVICE FEES (BID FEES) ARE NOT REFUNDABLE. MOREOVER, EXCEPT FOR EXPRESSLY PROVIDED HEREIN, WE WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE SITE AND SERVICES ARE OFFERED BY US, OUR AGENTS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING THE SITE AND SERVICES "AS IS" WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). WE DO NOT WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS, OR THAT THE SITE OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE DO NOT MAKE AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SITE AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

WARNING - Seizures

Due to the flashing elements on the Site, some users may experience seizures or loss of awareness or other symptoms linked to an epileptic condition, even if they have never experienced anything like this before.

Anyone who has experienced such symptoms should consult a doctor before using the Site.

Your Indemnity

You hereby release, hold harmless, and indemnify us (and our employees, directors, officers, agents, distributors, affiliates, third-party independent contractors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by us, arising out of or relating to (a) the violation or breach of any term, condition, representation or warranty of these terms; (b) improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party.

Claim Limitation

You agree regardless of any statute or law to the contrary that any claim, controversy or cause of action arising out of or relating to the Site, use of the Services, or these terms, shall be governed by the laws of the state where we currently maintain our principal place of business without reference to rules governing choice of laws and that any claim, controversy or cause of action arising out of or relating to the Site, use of the Services, or these terms must be filed within one (1) year after such claim, controversy or cause of action arose or forever be barred regardless of any statute or law to the contrary and such claim, controversy or cause of action shall be settled by arbitration in said state in accordance with its laws and rules.

Contractual Terms and Obligations

Contractual Obligations

This Site solicits offers from you and other end users for the sale of various products or services. By submitting bids, you are making a legal offer to buy that particular product or service. Once accepted by the Site, a contract is created between you and the Site for the sale and purchase of the product in accordance with the terms disclosed at the time of the auction. By using the Services of the Site and bidding on a product or service, you agree to complete the transaction as described and fulfill any and all contractual obligations.

Systems and Forbidden Software

You agree not to interfere with the Site or any transaction. You agree not to impose any unreasonably or disproportionately large load on our systems or facilities. You agree not to put any material on the Site that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. All messages transmitted by you to us should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancelation of all access and privileges and the possibility of criminal and/or civil charges being brought.

The use of any kind of external or auto bidding software, program or device is strictly forbidden. We will, under our discretion, void auction wins and shut down accounts of anyone caught using such tools to bid on the Site.

Employees and their immediate family members

Our employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in Site auctions.

Fraud and Other Incorrect Behavior

You may not register and make bids under a false name or with an invalid credit card. Such fraudulent conduct is a violation of federal and state laws. Fraudulent bidders may be reported to relevant state and federal law enforcement agencies and we will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

A user may not use the products to create any investment scheme, commodities contract or pool or otherwise to use us as a product delivery mechanism for a brokered or 'middleman' agreement or obligation. If it is discovered that a user is, in fact, repeatedly reselling products obtained from us, we reserve the right to suspend the account without further notice, voiding all auctions in which the user has participated. Additionally, the user may be required to compensate us for any damages.

No user may permit or assist others to use our Site or Services for any purpose other than that for which they are intended. A user shall not permit or assist others to abuse or fraudulently use the Site or Services, including but not limited to the following: (1) Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment; (2) Accessing, altering, or destroying any information of another Site user by any fraudulent means or device, or attempting so do so; or (3) Using Services so as to interfere with the use of our network by other users or authorized users, intentionally or not; or in violation of the law or in aid of any unlawful act.

Each user acknowledges that our network may only be used for lawful purposes. We reserve the right to monitor all network activity. While using the Site, each user agrees to refrain from the following prohibited acts: (1) Maintaining more than one account or maintaining control or influence over more than one account; (2) Infringing upon our the intellectual property, establishing a competing Site or otherwise copying or using the data on the Site for any reason other than bidding on products for the bidder's own use; (3) Manipulate the bidding process by placing fictitious bids, colluding with other parties to create the illusion of volume (“marking the close” or “painting the tape”), or engaging in any other disingenuous or fraudulent activity that undermines the integrity of the online market; (4) breach our policies stated herein; (5) fail to pay for items purchased; (6) post or upload content that belongs to others; (7) post false, inaccurate, misleading, defamatory, or libelous content; (8) transfer a user's Site account and user ID to another party without our consent; (9) copy, modify, or distribute rights or content from our Site; (10) Attempt to harvest or otherwise collect information about users, including email addresses; (11) Attempt to upload or download any computer virus; (12) Attempt to transmit via email any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of email solicitation to other users; (13) Attempt to communicate with other users to promote or provide instructional information about illegal activities, promote physical harm or injury against any users; (14) View and/or download or upload pornographic pictures or stories; (15)Attempt to attack other people's internet connections, Web Sites or computers, or damage or deface anyone else's Web Site; (16) Use the facilities and capabilities of the Site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others; or (17) Post any e-mail or materials that would be considered a violation of any law. We will cooperate fully with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any such e-mail or materials.

Any kind of collusion or team play is strictly forbidden on the Site. By definition, this includes, but is not limited to, two or more members working together as a team, or creating the impression that there are more people involved and competing to win an auction than there actually are.

We reserve the right to disqualify, in our absolute discretion, any users we suspect to be working in a team by voiding all their wins and freezing their accounts. No funds or bids will be returned or transferred into other accounts. If a user is found to have violated these terms, any free bids provided to them and used, including those provided in the past must immediately be paid for by the user at their current selling price.

Investigation of Violations

We may investigate any reported violation of these terms or our policies or guidelines, or any complaints and take any action that we deem appropriate and reasonable under the circumstance to protect our systems, facilities, users and/or third parties. Our actions may include, but are not limited to, issuing warnings, suspension or termination of the Services, and/or removal of or disabling access to content hosted on the Site's systems. We reserve the right and have absolute discretion to remove or disable access, screen or edit any content that violates these provisions or is otherwise objectionable. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials.

License

We hereby grant you (if you are a registered member on our Site) a limited license to view on your computer any content made available on the for which a fee is not charged, for non-commercial or personal purposes only, provided that you do not modify any such content. No other use is permitted without the direct permission from us. No direct links, photos/images, or information on the Site may be used or displayed without the written approval of us. By accepting these terms and submitting any information or materials to us ("Licensed Materials"), you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to exercise all copyright and rights of publicity over the Licensed Materials, in any existing or future media, known or unknown and to use and reproduce the Licensed Materials as is necessary to provide the Services. We grant you a limited license to make personal use only of the Site and the Services. This grant does not include, without limitation: (a) any resale or commercial use of the Site or Services, (b) the collection and use of any e-mail or user information, ratings or listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. All trademarks, service marks, patents, patents pending, copyrights and content are owned or licensed by us or their respective owners and are protected by applicable intellectual property laws. Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server.

You agree not to make use of anyone else's information other than as necessary to participate in the Site and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by us regarding another user of the Services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from the Site, including the use of third-party services, (b) for communications with us, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by us except as provided by these terms or with our consent. You further agree not to use any information accessible from the Site for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name, patent, patents pending or other proprietary property of ours or any other party who owns or has proprietary rights to the content, information and materials provided on the Site. All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by us or by other parties that have licensed their material to us. Material from this Site or from any other web site owned, operated, licensed or controlled by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by us. The use of any such material on any other web site, ftp server or network environment is prohibited.

Termination

In its sole discretion, we may terminate these terms or prohibit or suspend access to the Site or the Services by you at any time, without prior notice or liability. Termination or suspension may occur, without limitation, if: (a) your use of the Service violates these terms or any applicable policy or guideline, is potentially illegal or harmful to us or any other party, or could subject us to liability or additional expense; (b) providing the Service becomes technically or commercially unfeasible; or (c) you fail to pay any charges due to us.

Compliance with Laws

You shall at all times comply with all applicable laws and regulations regarding the use of the Services and your bidding, and purchase, of items on the Site. You shall indemnify and hold us harmless from your failure to so comply. You agree that we shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government. You are subject to the laws of the jurisdiction in which you reside and/or from which you access the Site and the Services provided. You are hereby informed that the purchases made on the Site may be subject to state taxes unless specifically exempt.

No Agency

We are not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

Severability

Should any clause or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these terms shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. Further, if any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these terms shall remain in full force and effect.

Waiver

Our failure to enforce the strict performance of any provision of these terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions herein.

Notices

Any notice you make to us must be made by either e-mail or regular mail. We may give notice of changes to these terms or other policies applicable to the Site or the Services by posting them on the Site.

Entire Agreement

These terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.