Forums / Terms and Conditions
TERMS AND CONDITIONS
Don Jan 15
Amended March 5, 2010
Welcome to Our BidFire Website (“Website”) and thank You for reviewing Our Terms of Service. We hope that each visitor to the Website (a “User” or “You”) will enjoy themselves. BidFire, Inc. (“Provider,” “We,” “Our,” or “Us”) makes this Website, including all information, documents, communications, files, text, graphics, software, and audio/visual files (collectively, the “Service”) available for Your use subject to the Terms of Service set forth below. The Terms of Service spell out what You can expect from us and what We expect from You.
The BidFire Website is an auction platform that offers its Users the opportunity to purchase items. Information pertaining to the auctions and rules can be found on the Website.
The Frequently Asked Questions located at http://help.bidfire.com/entries/55372-faqs are incorporated herein by reference. If you have any questions about the Site, please refer first to the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed at support@bidfire.com .
1. Acceptance of Terms of Service
By using this Website and/or creating an account and becoming a member, You accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms of Service”). Please read the following Terms of Service carefully. If You do not agree to the Terms of Service, do not use this Website. If You access, use, or download in any way, without limitation, any Service from this Website, or merely browse this Website, You agree to and are bound by these Terms of Service.
Provider reserves the right, in its sole and absolute discretion, to refuse Service and access to any potential User. Provider reserves the right to change the Terms of Service at any time, without prior notice to User. In the event We do so, We will post the changes on this page and the date of the changes at the top of this page. Your continued use of the Website following such changes signifies Your acceptance of those modifications. If You do not agree to the changes, Your sole remedy is to cease using the Website. If You breach any of the Terms of Service, Your authorization to use this Website automatically terminates.
2. Eligibility
To be eligible to register and create an authorized account (“Account”), You must be at least eighteen (18) years of age and age of majority in Your Jurisdiction, as well as a legal resident of the United States, including the District of Columbia, and may not be a firm, business entity or institution. Provider reserves the right to verify Your age. Any failure to cooperate with Provider in this respect will result in the termination of Your Account.
By using this Website and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms of Service. Employees, officers, directors, investors, agents, and representatives of Provider and their parent, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of Provider are NOT eligible to use or create an Account on the Website.
3. Registration
In order to participate in any auction on this Website, You will need to register and create an Account. During the registration process, You must choose a username. The username must not be offensive, be selected to deceive or mis-inform other Users, may not offend common decency or infringe upon the rights of third parties. If We receive information of a username which is illegal or in breach of these Terms, this username can be amended or deleted by Provider without prior notice. By registering for an Account, You also consent to allow Provider to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Provider reserves the right to reject or revoke Users Accounts at its discretion for any reason.
4. Service Not Available in Some States
You are subject to the laws of the state, city or other legal entity (collectively “Jurisdiction”) in which You reside and/or from which You access the Website and the Service. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. VOID OUTSIDE OF THE UNITED STATES. If You open an Account and/or participate in auction offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms of Service, and subject to having Your Account suspended or terminated. You hereby agree that Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation. Provider makes no representations or warranties, implicit or explicit, as to Your legal right to participate in any auction offered on the Website nor shall any person affiliated, or claiming affiliation, with Provider have authority to make any such representations or warranties.
5. User Accounts
A. Account Responsibility
When you create Your Account, You represent that You are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable Jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by sending an email to support@bidfire.com. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all charges (plus any applicable taxes) associated with the use of the Service under Your Account.
B. Secrecy Obligation
Once You have selected or been allocated a unique username and password (“Identifiers”) for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Provider by sending an e-mail to support@bidfire.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used (and where You have not previously notified Provider as provided herein) will be treated as valid.
You may be required to confirm Your identity and personal information by providing additional verification documents as reasonably requested by the Provider. Your inability to provide such verification documents could result in Your access to the Website being suspended and/or bids being locked to allow for further investigation.
C. One Account per Household, No Transfer
Only one Account is allowed per household. Your Account is not transferable. You may not allow any other person to access Your Account, accept Your winnings, or participate in any auction using Your Account information. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to participate in an auction in Your applicable Jurisdiction, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities. Any bid placed in an auction by a User found to have more than one active account per household ( “active account” defined as an account having placed a bid within the last 60 days) will be ineligible to win that auction. In the event You win an auction and are found to be in violation of Provider’s One Account Per Household rule, Your bids will be forfeit and Provider will not ship the item to You. Provider reserves the right to deactivate accounts found in violation of One Account Per Household rule.
6. How the Auctions Work
A. Bidding Rights
The rights to bid (“Bids”) must be purchased and paid for by Users before they can start bidding. Bids can be purchased at the currently set prices, which can be viewed on the Website. Payment will be made by credit/debit card or via payment agent such as PayPal. (PayPal users see section 17 below.) Once a bid is placed in a given auction, the bid is deducted from Your Account and will not be refunded.
Bids remain valid for one year after being credited to Your Account. Upon expiration, the bids are cancelled and can no longer be utilized in an auction. Refunds will not be issued under any circumstances.
B. Bidding
User is prohibited from using bidding software not authorized by Provider and doing so will result in immediate termination as discussed in section 9(B) below. Provider also reserves the right to limit the number of auctions a User may participate in at a given time.
Any bidding advice or other written materials posted on the Website are provided solely as suggestions and are not intended to be relied upon. Provider is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.
C. Auction Structure
The price of the item up for auction on which the User is bidding increases with each bid placed per the amount specified for that auction. A bid submitted by the User constitutes willingness of a User to enter into a binding contract with Provider and in the event of being the last bidder in the auction (the “Winner”), the claim to receive a purchase offer for the item of the auction under the conditions set out in the related auction. The contract to purchase the item does not come into effect until the auction is finished and the Winner has followed all the steps as set forth in section 6(D).
An auction is deemed to have ended once You receive notice that the auction is closed. The User who was the last to bid wins the auction and the right to purchase that item. All other bids placed on the item expire. These bids will not be credited back to User’s Account or be eligible for a refund. The Winner of an auction is determined by Provider based on its records and such determination shall be final.
D. Acceptance of Win
The User must actively confirm winning the auction by following the steps indicated on that page and pay the price for the item as well as the shipping costs (“Total Price”). After the winner has confirmed the win and paid the amount due, the winner will receive a confirmation e-mail.
Delivery will not occur until the User has paid the Total Price to Provider. Provider reserves the right to retain the item purchased at auction until the Total Price has been paid in full.
If an auction win has not been confirmed and paid within 60 days of the auction end date, Provider reserves the right to withdraw the offer to conclude a contract and the winner’s right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable.
E. Delivery of Item
Unless otherwise stated, delivery will be made directly from Our suppliers or from Our warehouse to the address provided by the User. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the auctions in advance.
Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Provider shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Provider upon taking delivery.
Should Provider not be able to deliver the item ordered, Provider shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price to the User based upon Provider’s sole discretion.
F. Retention of Title
The item delivered shall remain Provider’s property until payment is received in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the User shall undertake to store the item separately from their other possessions and to insure it.
G. Refund Policy
Won auction items: If You win an auction and are for whatever reason unsatisfied with the auction item you have purchased, you may return it for a full refund, unused and in its original packaging, if you contact us in writing within 7 days of receipt of the item. Write Bidfire, Inc. , 8605 Santa Monica Blvd. Unit 36385, Los Angeles, CA 90069. Once these conditions have been met, the refund will be for the final auction closing price paid. Bids placed in the auction will not be refunded.
Bid pack purchases: Whether they have been used in an auction or not, bids purchased will not be refunded, and expire in one year.
7. Auctions
A. Odds of Winning Auctions
The results of all Auctions offered on the Website depend on the number of the Users participating in such auctions and the skill of the Users in such auctions; precise odds of winning are therefore unavailable.
B. Winners’ Lists
The Winner will be posted on the Website immediately following each auction, except in the case of auctions with substantial (as determined by Provider in its sole discretion) items up for auction, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential abuse. Please review rights of publicity release in section 10(E) below.
C. Determination of Winners
As discussed in section 6(C) above, the winner of each auction offered on the Website will be determined by Provider, and such determinations are final. By registering and/or participating in any auction, You agree to be bound by these determinations.
D. Auction Rules
Rules for specific auctions offered on the Website can be found in the Auction Mechanics & Bidding help forum.
8. Service and Support for Products Purchased
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms of service.
9. Termination
A. User’s Right to Termination
You may terminate Your Account at any time by deleting it.
B. Provider’s Right to Termination
Provider reserves the right to terminate Your Account, limit or prohibit Your participation in any auction for any reason, including, but not limited to, any violation of these Terms of Service, improper conduct or abuse by You as set forth in section 19 below. Examples of such unauthorized usage include, but are not limited to, use of unauthorized third-party bidding software or set up of multiple Accounts by the same individual. In case of a breach of these Terms, Provider reserves the right to withhold deliveries or refunds for bids.
10. Intellectual Property Rights
A. Copyright Information and Personal & Non-Commercial Use Limitation
All Service and the compilation of all content included on this Website are owned or licensed by Provider and/or its affiliates and protected by United States and international copyright laws. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms of Service. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provider’s Designated Agent is:
BidFire, Inc.
Attn: DMCA Agent
8605 Santa Monica Blvd.
#36385
Los Angeles, California 90069
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C. Trademarks
Provider owns trademarks for its many goods and services, including, without limitation, BIDFIRE, and the associated graphics, logos and service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this Website shall be the exclusive property of Provider. User agrees that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
E. Rights of Publicity
You agree to the use by Provider of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED A WINNERS’ LIST.
11. Privacy and Protection of Personal Information
We respect the privacy of visitors to Our Website. Please see Our Privacy Policy help forum relating to the collection and use of Your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms of Service. If You do not agree to each and every part of Our Privacy Policy, then User should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Us at support@bidfire.com.
12. System Outage
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. After the disruption has been resolved, the auctions will be continued. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction will not be credited back to a User’s Account and are not eligible for a refund of any other costs incurred.
13. Maintenance and Reporting Problems
Provider conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server’s security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods. No auctions can occur during a maintenance period. Auctions that have begun prior to such maintenance periods will end and not be extended into the maintenance period, and any bids placed during such an event will be credited back to the User’s Account.
All problems encountered during the use of Provider’s Services, including those with regard to auctions, User Accounts, etc., can be reported to Provider when the problem is encountered at support@bidfire.com. Please be advised that, due to the fact that Provider deletes usage data after ninety (90) days, problems and errors cannot be reviewed after ninety (90) days have elapsed since the problem occurred.
14. Disclaimer of Warranties and Limitation of Liability
User expressly agrees that use of the Website and Service is at User’s sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that Websites affiliated with Providers, including but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Provider spokesperson. advertisers, content providers, User, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE 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.
PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF BIDFIRE, 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, PROVIDER DOES 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/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.
B. Limitation of Liability
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER 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 LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE 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 PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S SERVICES OR ITEMS PURCHASED THROUGH BIDFIRE, FROM INABILITY TO USE PROVIDER’S SERVICES OR ITEMS PURCHASED THROUGH BIDIFRE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’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.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
15. Disclaimer of Warranty and Limitation of Liability regarding Items Purchased Through Provider
ALL ITEMS PURCHASED THROUGH BIDFIRE ARE SOLD ONLY WITH THE MANUFACTURER’S LIMITED WARRANTY. THE WARRANTY PERIOD AND SERVICE VARIES BY MANUFACTURER AND ITEM PURCHASED. WARRANTY IS EXCLUDED FOR THE DELIVERY OF ANY USED ITEMS. BIDFIRE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ITEMS PURCHASED, OR ANY RELATED SERVICES PERFORMED BY BIDFIRE OR ANY OF ITS PARTNERS IN CONNECTION WITH ANY ORDER.
PROVIDER SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE ITEMS PURCHASED BY USER OR ANY OTHER PERSON FOLLOWING DELIVERY BY BIDFIRE. IN NO EVENT SHALL BIDFIRE BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
16. Third Party Links
This Website may contain links to other Websites and may forward Users to other Websites within the same Internet browser window. These Websites are not under the control of Provider, and the existence of a link on the Website does not imply any endorsement of the linked Websites by Provider or any affiliation between Provider and the owners of the linked Websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of service, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that Provider has no responsibility to You with respect to such material. Provider encourages You to examine the privacy policies and/or terms of service policies of any third party Website.
17. PayPal
Provider uses PayPal to process its PayPal payments. All PayPal payments must be made from a PayPal account on which You are the named account holder. The information that We provide to and receive from PayPal and the manner in which such information is used and disclosed is described in further detail in Our Privacy Policy. You irrevocably authorize us, as necessary, to instruct PayPal to handle cash deposits and withdrawals from Your Account and You irrevocably agree that Provider may give such instructions on Your behalf in accordance with Your requests as submitted through the Website. You agree to be bound by PayPal’s terms of service, and in the event of a conflict between these Terms of Service and PayPal’s, then these Terms of Service shall prevail. You agree that Provider is not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third party in connection with Your use of the Website, except as a result of the gross negligence of Provider or its employees.
19. Online Conduct
You agree to use the Website and the Service provided through this Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website, help a User achieve better results than could be achieved through the sole use of a mouse/keyboard, or negatively influence another User’s game controls; (ix) opening and/or using multiple Accounts; (x) purposely causing an interruption or error in order to influence an auction, such as to cause the auction to prematurely end; (xi) cooperating or colluding with other Users in a way that could create an advantage over novice Users and thus diminish their opportunity for fair play and reduce their chances of winning an auction; (xii) harassing other Users; (xiii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xiv) causing any breach of the security of Your Account or the Website; or (xv) breaching any of these Terms of Service.
20. Circumvention
User acknowledges and agrees that User shall not circumvent or attempt to circumvent any of these Terms of Service, the Service or any auctions offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that User has engaged, or attempted to engage, in any Circumvention Act, use prohibited automated technology or otherwise unfairly alter Your chances of winning an auction, or to otherwise commit fraud with regard to the Website, then, in such an event, Provider reserves the right to institute civil or criminal proceedings against User and to report User to the relevant regulatory authorities.
21. Security
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, 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 password. You agree to (a) immediately notify Provider of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
22. Indemnification
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party’s access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Provider that You believe such Identifiers are no longer secure and confidential, as specified in section 4(A); (c) Your connection to Provider’s site; (d) Your violation of these Terms of Service; or (e) Your violation of any rights of a third party or service provider.
23. Arbitration
Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration in California except that, to the extent You have in any manner violated or threatened to violate Provider intellectual property rights, Provider may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of California. You and Provider agree that any Dispute between You and Provider shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (“NAF”), using interpretations under California law, and conducted under its rules, except as otherwise provided below. You and Provider will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Provider. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Service or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Terms of Service or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Provider; or iii) any other dispute arising out of or relating to the relationship between You and the Providers. Information may be obtained from the NAF online at www.arb-forum.com, by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405.
24. Applicable Law/Jurisdiction
By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of California will govern these disclaimers, Terms of Service or Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms of Service, and Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of California.
25. Waiver/Severability
The failure of Provider to require or enforce strict performance by User of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.
26. Statue of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms of Service, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
27. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise You that (a) this Website is a service provided by BidFire, Inc., 8605 Santa Monica Blvd. #36385, Los Angeles, California 90069, and that (b) the fees and charges for the Service vary depending on the premium features selected by the User. Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to the Users of the Service. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
29. Notices
Except as expressly stated otherwise, any notices to Website shall be made by registered mail to:
8605 Santa Monica Blvd.
#36385
Los Angeles, California 90069
Notices to You may be made to the e-mail address You provided when You created Your Account or by postal mail (including registered mail) to the street address You provide to us for shipping purposes. Notice sent to you shall be deemed given twenty-four (4) hours after e-mail is sent and three (3) days after the date of mailing.
30. Entire Agreement
These Terms of Service constitute the entire agreement between the User and Provider with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service or Privacy Policy will be effective only if in writing and signed by Provider.
NOTE: We would like to advise all Users to monitor their bidding practices. Repeatedly placing bids online at www.bidfire.com can incur high costs. Users should therefore pay attention to their bidding practices and check their charges.
Users are reminded to print all transaction data, payment methods and these Terms of Service in order to avoid misunderstandings at a later time.