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User Agreement
1. Acceptance of User Agreement
Welcome to Bidaroo, a service operated by Bidaroo, LLC, a Indiana limited liability company ("Bidaroo"). It is our policy to start every new relationship with an agreement that spells out what you can expect from us, and what we can expect from you.
This agreement (the “User Agreement”) between Bidaroo and you governs your use of the Bidaroo service, including without limitation the Bidaroo.com website (collectively, the “Service”), and sets forth the terms and conditions under which you may use the Service.
BY USING THIS SITE OR BY REGISTERING AS A MEMBER OR BY PLACING BIDS ON THIS SITE OR BY CLICKING "I AGREE" TO THIS USER AGREEMENT, YOU SIGNIFY YOUR AGREEMENT TO AND ACCEPTANCE OF THESE TERMS AND CONDITIONS, JUST AS IF YOU HAD SIGNED THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, PLEASE DO NOT USE THIS SITE AND DO NOT REGISTER AS A MEMBER AND DO NOT PLACE ANY BIDS AND DO NOT CLICK "I AGREE".
Please check this User Agreement periodically for changes as Bidaroo reserves the right to revise this User Agreement at any time without prior notice to you. Your use of the Service following the posting of any change to this User Agreement constitutes acceptance of such change. Bidaroo reserves the right to terminate your use of the Service at anytime without notice.
Upon your agreement to this User Agreement, Bidaroo grants you a non-exclusive, non-transferable, limited license to use the Service in accordance with the terms and conditions in this User Agreement and other notices and instructions accessible from the www.bidaroo.com website. You agree not to make any false or fraudulent statements in your use of or to gain access to the Service. You acknowledge and agree that all images, ideas, intellectual property, designs and services available on the Service are the property of Bidaroo and its advertisers or licensors, and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and intellectual property rights and laws, in the U.S. and internationally. All rights not expressly granted herein are reserved by Bidaroo, or its advertisers or licensors.
Except as may be explicitly permitted through use, you shall not download, cut and paste, sell, license, rent, lease, modify, distribute, sell, reproduce, transmit, publicly perform, publish, adapt, edit or create derivative works from concepts, code or content of the Service. Systematic retrieval of data or other content from the Service to create or reproduce directly or indirectly, intellectual, application, database or directory information or contents without written permission from Bidaroo is prohibited. In addition to the above, any use of content or materials developed by Bidaroo and/or its advertisers or licensors for any purpose not expressly permitted in this User Agreement is prohibited.
If you are issued a username and password by Bidaroo, you shall use your best efforts to protect and prevent access to the Service through your username and password by anyone other than yourself, including, but not limited to, keeping such information strictly confidential, notifying Bidaroo immediately if you discover loss or access to such information by another party not under your control and supervision.
You shall not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents or materials on or received by the Service. You understand that Bidaroo shall pursue such penalties to the full extent of the law to protect its rights and the rights of its advertisers and licensors.
2. Definitions
a. "Accepted Bid" is a valid Bid in which the Bidding Fees have been paid in accordance with this User Agreement.
b. "Bid" is an offer submitted by a Participant, in an Open Auction, that does not exceed the Bidaroo Price set for that particular Unique Auction and meets the rules as defined in this User Agreement to be considered a Bid.
c. "Bidding Fees" are fees charged for every Bid placed by a Participant in an Auction. Bidding Fees are charged at the time the Bid is placed whether the Bid is successful or not.
d. "Blind Bid" is a Bid for an Active Auction in which the Participant does not have knowledge of any Bids placed by other Participants in the Auction.
e. "Token Auctions" are Auctions in which a Participant uses Bidaroo Tokens to participate rather than paying Bidding Fees. In order to participate in a Token Auction, a Participant must have a Bidaroo Token Credit.
f. "Bidaroo Token" is a credit earned by a Member that allows the Member to participate in a Token Auction. Bidaroo Tokens are distributed by Bidaroo at its sole discretion as set forth.
g. "Closed Auction" is an Auction for a product and/or service that has ended by receiving the Maximum Number of Bids for the Auction or the Auction has met the criteria to end as set forth by Bidaroo in this User Agreement.
h. "Confirmation E-mail" a message e-mailed to a Participant in an Auction that confirms the Participant's Bid in an Auction. If a Participant does not contest the validity of a Bid within 24 hours of being placed, or before the Auction closes, Bidaroo will consider it a correct and valid Bid, and authorized by the Member.
i. "Duplicate Bid" is a Bid submitted by a Participant in a Unique Auction where one or more other Participant(s) has submitted a Bid(s) for the identical amount. Duplicate Bids are used to calculate the number of Bids required to close an Auction but are disqualified from being selected as the Successful Bid. (For example: If Participant "A" Bids $69.48 in a Unique Auction and Participant "B" subsequently submits the identical Bid of $69.48 in the same Unique Auction, the Bids will be classified as Duplicate Bids and will be excluded from being selected as the Successful Bid.)
j. "Bidaroo Auctions" are Auctions in which a Participant uses a Free Auction Credit to participate rather than paying Bidding Fees. In order to participate in a Free Auction a Participant must have a Free Auction Credit.
k. "Bidaroo Token" is a credit earned by a Member that allows the Member to participate in a Free Auction. Free Auction Credits are distributed by Bidaroo at its sole discretion as set forth in this User Agreement.
l. "Bidaroo Price" is the maximum price that a Participant can Bid in a Unique Auction. The Bidaroo Price will be set by Bidaroo, at its sole discretion, prior to opening the Auction and will be posted on the Auction information page, and the Auction Bidding pages for each Unique Auction.
m. "Main Auction" is an Auction where Participants are charged Bidding Fees for each Bid placed in that Auction.
n. "Main Auction Credits" are credits distributed by Bidaroo, at its sole discretion as set forth in this User Agreement, which may be used to pay Bidding Fees required to participate in an Auction.
o. The "Maximum Number of Bids" is the greatest number of Bids that can be submitted for each Unique Auction. The Maximum Number of Bids will be determined by Bidaroo prior to opening the Auction, and will be publicized by Bidaroo on the Auction information pages, and the Bidding page for each Auction. Once established the Maximum Number of Bids for an Auction may not be raised.
p. "Member" is a person, 18 years of age or older, with a valid credit card or accepted method of payment, or a business entity qualified to do business within a particular jurisdiction, with a valid credit card or accepted method of payment who has completed the Membership form, agreed to the terms of this User Agreement and the web Service, and has been accepted by Bidaroo after completing the Member profile.
q. The "Minimum Number of Bids" is the least number of Bids that must be received in order for an Auction to be eligible to close. The Minimum Number of Bids to close an Auction will be determined by Bidaroo prior to opening the Auction and is strictly confidential. The Minimum Number of Bids to close an Auction will always be equal to or lower than the Maximum Number of Bids for each Unique Auction. Bidaroo reserves the right to change the Minimum Number of Bids to close an Auction at any time.
r. "Open Auction" or "Active Auction" is a Unique Auction for a specific product and/or service, that has not met the maximum number of Bid to close the Auction, in which Participants can submit Blind Bids, and has not been cancelled as set forth in this User Agreement
s. "Participant" a Member that submits a Bid, which is accepted, in an Open Auction.
t. "Promotion Code" is a designator that identifies the user's desire for the proceeds from the User's Bids to go to a particular fund raising event or organization.
u. "Successful Bid" is the highest Accepted Bid with the highest unique value submitted by a Participant in a specific Unique Auction. All Duplicate Bids WILL NOT be considered as the Successful Bid.
v. "Successful Participant" is the Participant that submitted the Successful Bid and paid the appropriate Bidding Fees.
w. "Successive Auction" is a new Auction that is automatically opened, with the identical properties as the original Auction, when Participants are in the process of Bidding in the original Auction and the original Auction has subsequently received the Maximum Number of Bids during this time. It is offered immediately upon the preceding Auction closing and allows Participants in the process of Bidding on an Auction to participate in an identical Auction for the same product and/or service.
x. "Suggested Retail Price" or "SRP" is the price supplied to Bidaroo by our partners and/or distributors. The SRP is typically equal to the Manufacturers Suggested Retail Price (MSRP) for a particular product and/or service, though Bidaroo does not warrant that the SRP will always be equal to the MSRP.
y. "Unique Auction" or "Auction" is an Auction for Bidaroo Charities as set forth in this User Agreement and has a unique code to identify it.
z. "Auditor" the accounting offices shall audit the Auctions and other transactions as described herein.
3. Auction Process
a. Bidaroo will determine for each Unique Auction, among other things, the following minimum details:
(i) The product and/or service being offered in each Unique Auction;
(ii) A unique code defining each Unique Auction;
(iii) The Bidaroo Price for each Unique Auction;
(iv) The Bidding Fee required to participate in each Unique Auction;
(v) The Maximum Number of Bids per Unique Auction;
(vi) The Minimum Number of Bids required before the Auction can close;
(vii) The "SRP" of the product and/or service being offered. Bidaroo is not responsible for any variances between the SRP and published MSRP for a particular product and/or service offered in an Auction;
(viii) Whether the Auction is a Successive Auction.
b. Participants may place Bids and will be charged Bidding Fees for every Bid submitted until the requirements to close an Auction have been meet. When an Auction closes, the Successful Bidder will be determined.
c. Once an Auction closes, the Successful Bidder is given the right to purchase the product and/or service at the price defined by the Successful Bid. Bidaroo will pay all taxes and shipping expenses, except for taxes on the Participant's income or as otherwise stated in the Auction's details. If there are any additional or extraordinary taxes and/or payments according to law applying to an item offered in an Auction not expressly defined in this User Agreement as being paid by Bidaroo, they will be paid by the Participant. If a Participant fails to pay the Successful Bid amount, as defined in this User Agreement, they will forfeit the right to purchase the product and/or service.
d. A Participant has the right to cancel the purchase of a product and/or service even if the Participant's Bid is chosen as the Successful Bid. If a Participant chooses to cancel the right to purchase a product and/or service, the Participant may request, in writing, a refund of the Bidding Fees for the Successful Bid. Other Bidding Fees will not be refunded. Bidaroo reserves the right to re-offer cancelled or forfeited products and/or services in a new Unique Auction or donate them to a charity selected by Bidaroo at its sole discretion.
e. For every Bid placed in an Auction, the charity selected in the Member's profile will receive one point. Points are used to determine the distribution ratios of the net Auction proceeds, for all Closed Auctions, to be donated to each charity. Donations to the charities selected by Bidaroo will at least 25% of the net Auction proceeds and will be distributed by Bidaroo quarterly.
4. Registering as a Member
a. Before being eligible to participate in an Auction each user must register as a Member of the Service and agree to the terms of this User Agreement.
b. You must be 18 years of age or older and have a valid credit card or alternate method of payment prior to participating in an Auction.
c. Each Member may register only once. If it is determined that the same user has registered as a Member under multiple identities, Bidaroo may at its sole discretion cancel that user's Bids in all Free and Token Auctions.
d. Unless authorized by Bidaroo in advance, each household is limited to four individual Members.
e. A User will be required to submit the User's home or shipping address, e-mail address, phone number and charity selection. All user information will be used in accordance with the Bidaroo privacy policy.
f. Upon registering, a Member will be required to select a unique username and password. You shall use best efforts to protect and prevent access to the Service through your username and password by anyone other than the user. You agree to notify Bidaroo promptly of any unauthorized use of your username and password. You shall remain liable for any use of the Service under your username and password until you notify Bidaroo of the unauthorized use of your username and password. Bidaroo may suspend your access to the Service without notice to you in the event that you do not use the Service for an extended period of time.
g. You agree to provide factual and accurate information during registration and authorize Bidaroo, if your Bid is selected as the Successful Bid, to disclose certain information from your profile.
h. During registration, a Member will be required to select a charity the Member wishes to earn points for. The Member can change charity selections in the Members profile at any time. Such changes ONLY affect future Bids. All prior Bids maintain the prior selections and may not be changed. If a Member enters a Promotion Code while placing a Bid, the Member's selected Charity will not receive a point, but rather the fundraiser associated with the Promotion Code.
i. A Promotion Code is only valid for a predetermined amount of time for each fund raising event or organization, if an invalid Promotion Code is entered the points earned will default to the charity selected in the Members profile.
j. Bidaroo is not responsible for typos or incorrectly entered Promotion Codes. In the event a user enters an invalid Promotion Code, Bidaroo will attempt to use its best judgment in determining the correct fund raising event corresponding to the invalid Promotion Code.
k. Employees of Bidaroo, their immediate family members, subsidiaries of Bidaroo, and affiliates with access to bidding data may not become Members nor participate in any Auctions.
l. Bidaroo reserves the right to deny access to the Service to anyone at any time for any reason.
5. Participating in an Auction
a. Members may submit Bids through the Bidaroo website (http://www.Bidaroo.com). Bidaroo reserves the right to define additional Bid submission methods. Bidaroo may also, at its sole discretion, terminate a specific method and/or methods of submitting Bids with or without notice.
b. Any valid Member has the right to submit a Bid and/or Bids in any Open Auction.
c. Members are required to maintain accurate information in their profiles. If inaccurate information or invalid billing information is submitted the Participant's Bid(s) may be cancelled.
d. Bidaroo is not responsible for the inability to place a Bid for any reason including the inability to access the Service, and/or any other technical difficulties of any kind.
e. Participants agree to pay the required Bidding Fees for every Bid placed in an Auction.
f. Bidding Fees will be charged to the Participant's credit card (or other accepted payment methods as determined by Bidaroo such as, but not limited to PayPal, Debit Card, or ACH transfer) at the time the Bid is submitted.
g. Participants who submit credit card information represent, warrant and covenant that:
(i) the credit card information supplied is true, correct and complete,
(ii) the charges incurred will be honored by the credit card company, and
(iii) the Participant will pay such charges when due.
h. If a Member uses a non-real time payment method, they must first purchase Main Auction Bid credits. These credits will be added to the Member's account when the payment clears and may then be used to participate in an Open Auction.
i. If an Auction is cancelled for any reason, as defined in this User Agreement, the Member's account will be credited with the appropriate quantity of Main Auction Bid credits. A Member may request a refund of unused or earned credits.
j. Bidding Fees are waived on all Bids placed in the Free Auction or Bonus Auction areas, but the Member must have the appropriate credits to participate in the Free and Bonus Auctions.
k. Every Accepted Bid will be assigned a unique Bid Number when confirmed.
l. The Member will receive a Confirmation E-mail with a Bid number, which will be sent to the e-mail address in the Members profile. The Member has 24 hours from the time the Confirmation E-mail is sent to verify the validity and correctness of the Bid and dispute any discrepancies. After the 24 hour verification period, the Bid will be considered a valid submission of a Bid and acceptance of the conditions set forth in this User Agreement and the Member that submitted the Bid will be considered a Participant in the Unique Auction in which they submitted the Bid(s).
m. There is no limit to the number of bids a Participant can submit in an Open Auction as long as the required Bidding Fees are paid for each Bid.
n. The Maximum Number of Bids for an Auction may not be exceeded under any circumstances.
o. If the Maximum Number of Bids for an Auction is received while a Member is in the process of Bidding and/or the Auction becomes a Closed Auction, a Subsequent Auction may be started. If a Subsequent Auction is not started, the excess Bids will be credited or refunded to the Member.
p. Bidaroo retains the right to cancel a Bid pursuant to the terms in this User Agreement.
q. Bids that exceed the Bidaroo Price for a Unique Auction will not be considered by Bidaroo.
r. All Bids must be submitted in United States currency.
r. In any event where a Participant or Member claims that there is an inconsistency between the submitted Bid and the Bid as accepted by Bidaroo, the details of the Bid as accepted by Bidaroo in the Confirmation E-mail will be binding, unless properly acted on pursuant to the User Agreement. In such a case, the Participant will not have any cause to claim that the Participant's Bid should have been chosen as the Successful Bid for a specific Auction and Bidaroo will not be held responsible for any such inconsistencies.
s. Failure to notify Bidaroo pursuant to the terms herein this User Agreement, of any inconsistencies regarding a Participant's Bid by within 72 hours from the time the Auction becomes a closed auction shall constitute acceptance of the outcome of the Auction by the Participant.
6. Bids and Bidding Fees
a. Participants will be charged a Bidding Fee for every Bid they submit in an Auction (i.e.: a Participant that submits five Bids for a specific Unique Auction will be billed five (5) Bidding Fees: one for every Bid placed), which must be paid even if the Participant's Bid(s) is not selected as the Successful Bid in the specified Unique Auction.
b. All Accepted Bids will be confirmed with a Confirmation E-mail, receive a Bid number and will be charged the required Bidding Fees.
c. Bidaroo will determine the Bidding Fee that must be paid by a Member in order to participate in an Auction. Bidaroo may at its sole discretion adjust the Bidding Fees required.
d. The Bidding Fees required for every Bid will be clearly posted for each Unique Auction and will not be adjusted.
e. Bids not meeting the requirements of acceptance will not be accepted and the Participant will not be charged a Bidding Fee for that particular Bid and that Bid will not be considered in an Auction.
f. Bidaroo is not obligated to receive or accept any Bids from any person(s) and/or third party who wish to place a Bid in an Auction.
7. Requirements for Closing an Auction
a. An Auction will become a Closed Auction once the Maximum Number of Bids have been accepted, or at any time Bidaroo elects if the Minimum Number of Bids for an Auction to close has been received.
b. The company may, at its sole discretion, identify an Auction in which the Minimum Number of Bids to close has been met and/or set a date that the Auction will close or post the number of bids remaining in an Auction.
c. Once an Auction closes the Successful Bidder will be determined via the following steps:
(i) All Bids will be verified. Any unqualified or unaccepted Bids will be disqualified;
(ii) All Duplicate Bids will be disqualified;
(iii) All unique Bids will be identified; and
(iv) The Successful Bid will be determined as the highest remaining unique Bid.
d. WITHIN FIVE (5) BUSINESS DAYS from the close of an Auction, Bidaroo will publicize through the Service and/or via alternate methods, as deemed appropriate by Bidaroo, the Successful Bid for the Auction. This notification will include the price submitted by the Successful Participant for that Auction, the total number of Bids accepted for the Auction and any other details or information Bidaroo deems appropriate, including the Participant's first initial, last name, likeness and/or state of residence. Furthermore, the Successful Bidder authorizes Bidaroo to e-mail, in the Participant's name, friends referred to Bidaroo by the Participant, with the results from the Auction.
e. The Successful Participant may submit to Bidaroo, and release the rights for use, a picture or digital image showing the Successful Participant with the product and/or service purchased in the Auction, which Bidaroo may publicize as described above.
f. The Successful Bidder will be notified via e-mail. If Bidaroo is unable to contact the Successful Bidder via e-mail WITHIN FIVE (5) BUSINESS DAYS, Bidaroo may at its sole discretion and has the right to notify Successful Bidders via telephone, standard mail or any other means that it deems necessary and appropriate.
g. The amount of the Successful Bid will be billed to the Successful Bidder for the Auction they became the Successful Participant in.
h. Each Successful Participant will provide to Bidaroo, credit card and/or any other accepted payment method details and/or any additional details as demanded necessary by Bidaroo, for the purpose of billing the Participant for the amount of the Successful Bid.
i. The submission of the Participant's credit card details constitutes the Participant's consent for Bidaroo to bill the Participant's account for the price of the Successful Bid for the product and/or service offered in the Auction and to accept additional payment verification methods such as the signature of the Successful Participant on a credit card payment slip, delivery slip, and/or via other methods.
j. The Successful Participant, must complete the final payment transaction within forty-five (45) business days of the Auction becoming a Closed Auction. The transaction will be considered complete when Bidaroo has received full payment for the Successful Bid amount.
k. If the Successful Participant fails to submit full payment in the amount of the Successful Bid within the designated time period, they will forfeit the right to purchase the product and/or service. In such a case, Bidaroo reserves the right, but is not obligated, to award the Successful Bid to the next highest unique Bid for that Auction, or Bidaroo may re-offer the forfeited products and/or services in a new Unique Auction or donate them to a selected charity, at its sole discretion.
l. If a Participant, whose Bid was chosen as the Successful Bid in a Unique Auction, fails to pay or honor the required Bidding Fees for ALL Bids placed by the Participant, Bidaroo reserves the right to cancel the Participant's Bid and either, award the Successful Bid to the next highest unique Bid for that Auction, or Bidaroo may re-offer the forfeited products and/or services in a new Unique Auction or donate them to a selected charity, at its sole discretion.
8. Delivery of Products and/or Service
a. The delivery and/or supply of a product and/or service offered in an Auction is dependant on all conditions as stated in this User Agreement being meet. Deliver and/or supply of the product and/or service to the Successful Participant will NOT take place until the entire amount of the Successful Bid, as submitted by the Successful Participant in the Unique Auction, and all Bidding Fees are received by Bidaroo, unless such fees are expressly waived.
b. The product and/or service, a certificate or other means of entitlement that allows the Successful Participant to receive the offered product and/or service will be shipped to the address that was provided by the Successful Participant in his or her Member profile at the time payment was submitted.
c. Bidaroo will determine the method of delivery at its sole discretion and such delivery shall completely fulfill Bidaroo's obligation to supply the product and/or service to the Successful Participant.
d. The Successful Participant may not make any claim nor file any complaint against Bidaroo with regards to not receiving a product and/or service offered in an Auction, because of, but not limited to, a change of shipping address as submitted by the Successful Participant and/or by providing an incorrect and/or inaccurate address.
e. Bidaroo will deliver or arrange the delivery of the product and/or service, or, at Bidaroo's discretion, a certificate or other means entitling the Successful Bidder to receive the product and/or service at a agreed upon location within forty-five (45) business days, from the day that Successful Participant meets the requirements for product delivery as described herein this User Agreement, unless otherwise stated by Bidaroo.
f. The Successful Bidder authorizes Bidaroo to extend the delivery date for any reason that is outside of Bidaroo's control or responsibility and/or for any reason that relates to third parties including suppliers and delivery agents.
g. The Successful Bidder may be obligated to produce two forms of personal identification, one of which must include a photo, (such as a state driver's license, passport, credit card, etc.) which correspond to the Successful Participant's personal information, as submitted in the Successful Participant's Member profile at the time of the placement of the Successful Bid, to verify the Successful Participant's identity. If the Successful Participant does not or refuses to provide this information, Bidaroo and its delivery agents will not be required to release and/or supply to the Successful Participant the product and/or service until such information is provided.
h. Shipping and/or delivery fees will be paid by Bidaroo unless otherwise stated in the Auction or negotiated.
i. Bidaroo will not be held responsible for nonessential differences between the descriptions publicized by Bidaroo in an Auction and the actual products and/or services that are provided. In the event of a discrepancy between the description of the product and/or service and that, which is provided by the manufacturer and/or service provider, the manufacturers and/or service provider's description will be binding. For this matter, the term "nonessential differences" refers to inconsistencies that do not change the general purpose of the product and/or service. If the description of a specific product and/or service differs essentially from the actual product and/or service delivered, the Successful Participant, will have the right to;
(i) accept the product and/or service as is; or
(ii) cancel the Successful Bid and receive a refund of all fees and payments that were billed for that Unique Auction and this will be the sole claim of the Participant against Bidaroo.
9. Product and/or Service Warranties
a. The distributors and/or manufacturers and/or importers and/or providers of the products and/or services offered in an Auction will distribute the product and/or service offered in the Auction to the Successful Participant as directed by Bidaroo.
b. Bidaroo makes no representations or warranties as to any of the products and/or services provided in the Auction and no claims may be made against Bidaroo based upon the products and/or services provided.
c. All product and/or service warranties will be provided (if provided) by the actual distributors and/or manufacturers of the products and/or provider of services. No claims may be made against Bidaroo for defective products and or services.
10. Bid Cancellation and Refund Policy
a. The Successful Participant of an Auction shall be entitled to cancel the purchase of the product and/or service after the Auction becomes a Closed Auction, at the Successful Participant's sole discretion, in writing to Bidaroo, by doing so; the Successful Participant will forfeit the right to purchase the product and/or service. If a Participant chooses to cancel his or her right to purchase a product and/or service they may request, in writing, for a refund for the Bidding Fees for the amount of the Successful Bid. Other Bidding Fees will not be refunded. The company reserves the right to re-offer cancelled or forfeited products and/or services in a new Unique Auction or donate them to a charity selected by Bidaroo at its sole discretion.
b. If an Auction is cancelled for any reason, as defined in this User Agreement, the Members account will be credited with the appropriate quantity of Main Auction Bid credits. A Member may request a refund of unused or earned credits.
c. No confirmed and Accepted Bids may be cancelled and/or refunded unless they meet the conditions described herein this users User Agreement.
d. If a Member receives a Confirmation E-mail and believes the Bid was placed fraudulently, they have twenty-four (24) hours from the time the Confirmation E-mail is sent to contest and/or cancel the Bid.
e. No Bidding Fees will be refunded once an Auction closes and the Successful Bid is announced. Under special and uncontrollable circumstances and/or for cases of fraud, Bidaroo may, at its sole discretion, take into consideration requests for Bid cancellations and refunds made after the cancellation period has expired. Special requests for bid cancellations MUST be submitted to Bidaroo in writing between Monday & Friday and clearly describe the conditions warranting such cancellation and refund. If Bidaroo accepts a cancellation request the Participant may receive either a refund of Bidding Fees or equivalently valued Main Auction Credits, which may be used in an Auction within 45 days of issuance.
f. No Accepted Bids may be cancelled and/or refunded unless they meet the conditions expressly described herein this User Agreement.
g. A Bid that is cancelled for any reason(s) described herein this User Agreement will not be used to determine the number of Bids needed to close an Auction and will not be considered in determining the Successful Bid.
11. Auction duration and conditions for cancellation
a. Once opened, a Unique Auction will remain an Open Auction for a defined period to be established by Bidaroo or until the Maximum Number of Bids for the Auction is reached or the Auction meets the other requirements to close as stated in this User Agreement.
b. After the Auction period is reached, if the Minimum Number of Bids has not been accepted, Bidaroo may at its sole discretion cancel the Auction, or lengthen the Auction period for additional periods of 30 days or until the Minimum Number of Bids to close an Auction has been meet. At such time Bidaroo will post a closing date for the Auction that will not exceed three (3) days in length.
c. Bidaroo is entitled to cancel or delay an Auction, in the event of extraordinary circumstances not within the control of Bidaroo, which may cause delay or prevent the proper process of the Auction, prevents the Auction from being conducted properly.
d. Bidaroo has the right to cancel an Auction and/or a Bid, if Bidaroo suspects that the Bid was not submitted in good faith and/or with intention to deceive and/or in any case where Bidaroo suspects ill and/or illegal use of a credit card. In no event shall Bidaroo be held responsible for any purchases made with illegal use of a credit card.
e. If an Auction is cancelled, Bidaroo will refund the Bidding Fees to the Participants within 45 days from the date the Auction was cancelled or credit the Participant with Main Auction Bidding credits, and this will be the Participants only claim against Bidaroo.
f. The above shall not prejudice any right and/or claim Bidaroo may have towards a third party.
12. Notices
a. All notices to Bidaroo must be sent in writing and by registered/certified mail return receipt requested only to Bidaroo, LLC, 4760 Kingsway Drive, Indianapolis, IN, 46205. This in no way obligates Bidaroo to discuss any claim or respond to any claims. If no claim regarding a Bid, Auction, or its outcome is received by Bidaroo, in writing, within 72 hours of the Auction closing, total acceptance of the results is assumed.
b. Users may receive a copy of the User Agreement on the Internet web Service: http://www.bidaroo.com
13. Disclaimers
You expressly agree and understand that use of the Service is at your sole risk. Bidaroo does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error free, or that the Service will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the Service, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the Service. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, BIDAROO DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER APPLIES WITHOUT LIMITATION TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF BIDAROO OR A THIRD PARTY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF BIDAROO’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER BIDAROO NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “BIDAROO ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL. EXEMPLARY, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BIDAROO’S LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE BIDDING FEES PAID BY YOU IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL DATE OF ANY SUCH CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER BIDAROO NOR ANY BIDAROO ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TERMINATION OF THIS AGREEMENT WITH BIDAROO IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH BIDAROO. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
14. Dispute Resolution
Any dispute arising out of or related in any manner to these User Agreement or the Service shall be settled exclusively by private binding arbitration to be held in Indianapolis, Indiana, and to be conducted in accordance with the terms and conditions of this arbitration section as supplemented by the Commercial Arbitration rules of the American Arbitration Association. At least one arbitrator shall be an attorney in good standing in any jurisdiction within the United States. The decision of the arbitration panel shall be in writing, and shall describe in detail the legal reasoning adopted by the panel in support of the decision. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Indiana, and shall not use equitable or other principles which would permit the panel to ignore these User Agreement, including but not limited to all dollar amounts and other limitations, or the law. Judgment on the award rendered by the arbitration panel may be entered in any court having competent jurisdiction. The arbitration panel's decision shall be final and binding on the parties; provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Each party to the arbitration shall be responsible for its own costs and expenses including attorneys' fees, with any costs and expenses not specifically attributable to one party being shared equally. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred. There shall be no right or authority for any claim arising under these User Agreement or otherwise arising out of the Service to be arbitrated on a class-action basis or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other Members, or other persons similarly situated. Claims brought by or against one Member may not be joined or consolidated in the arbitration with claims brought by or against any other Member, unless otherwise agreed to in writing by all parties including Bidaroo. This arbitration section shall survive termination of the Service or your participation in it. If any portion of this arbitration section is deemed invalid or unenforceable under any law or statute, it shall not invalidate the remaining portions of this arbitration section, these User Agreement, or any other agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
15. General
a. The headings of this User Agreement are for convenience only and will not be used in the construction or interpretation of the User Agreement.
e. This Agreement shall be governed by and in accordance with the laws of the State of Indiana. In the event that a dispute arises as to enforcement, interpretation or implementation of this Agreement, the parties herein consent to personal jurisdiction in the State of Indiana and venue in the United States District Court.
f. Bidaroo will not be held responsible for the use of Bid details and/or other information given by Participants when submitting Bids, including through the Internet web Service of Bidaroo, by parties that are not Bidaroo and/or its employees, including hackers and/or parties that may penetrate the files of Bidaroo's website.
g. Members are encouraged to seek information from the manufacturer and/or service provider for the detailed specifications of the products and/or services offered through the Auctions.
h. No provision of this Agreement may be waived, except by a written waiver signed by both parties.
i. In the event that one or more of the provisions or portions of the provisions of the herein Agreement is declared, invalid, void, illegal or unenforceable, in any respect, the validity, legality and enforceability of the remaining provisions or portions of the provisions contained herein shall remain effective and binding, and shall not be affected or impaired thereby.
j. This Agreement shall be binding upon all parties hereto, as well as their agents, servants, successors, assignees, licensees and transferees.
k. This Agreement, including any documents referenced herein and any additional operating rules as posted on the Website represents the entire understanding between you and Bidaroo regarding your relationship with Bidaroo and your use of the Service. This Agreement supersedes all previous written or oral agreements between you and Bidaroo with respect to such subject matter.
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