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REDIBIDS TERMS AND CONDITIONS
The Redibids software application and the Redibids Site (as defined herein) (collectively, the “Services”) are provided by Redibids (“Redibids”, “we” or “us”). As used in these Redibids Terms and Conditions (these “Terms and Conditions”), “you” or “your” refers to you as a user of the Services.
These Terms and Conditions are legally binding agreements. Please read them carefully before using or accessing the Services. By registering an account on the Redibids.com website (together with any successor website, the “Redibids Site”), or by otherwise using or accessing the Services, you acknowledge and agree that:
(i) you have read and understand all of the provisions set forth in these Terms and Conditions;
(ii) you will be bound by all of the provisions set forth in these Terms and Conditions and all of the provisions set forth in our Privacy Policy;
(iii) you are at least eighteen (18) years of age;
(iv) you have the right, authority and capacity to enter into these Terms and Conditions and to abide by all of these Terms and Conditions;
(v) you are a resident of one of the fifty (50) states of the United States, or a resident of Washington D.C. or Puerto Rico;
(vi) you are a private individual user and understand that the Services are offered exclusively to private individual users and not to any commercial or semi-commercial entities;
(vii) upon request by Redibids, in its sole discretion, and on a case-by-case basis, you may be required to provide photographic identification (i.e. driver’s license) to verify your identity before or after Redibids accepts any of your orders for purchases; and
(viii) these Terms and Conditions are the legal equivalent of a signed, written contract between you and Redibids.
If you do not meet any of the eligibility criteria listed above or are not willing to be bound by these Terms and Conditions, do not register an account with Redibids and discontinue any use or access of the Services immediately.
1. USE OF SERVICES
Your right to use or access the Services is limited solely to a limited, non-exclusive, non-transferable and freely revocable license to use and access the Services for entertainment purposes only. All rights not expressly granted to you in these Terms and Conditions are expressly reserved by Redibids and there are no implied rights or licenses granted under these Terms and Conditions. All rights and licenses granted to you in these Terms and Conditions are expressly conditioned on your continued compliance with these Terms and Conditions.
Redibids employees and contractors, and their respective family members (defined as parents, spouses (including domestic partners), siblings and children) and any other persons residing in the same household as a Redibids employee or contractor, may not under any circumstances use or participate in the Services.
You may not participate in the Services in collusion with any other user or person. Redibids reserves the right, at any time and in its sole discretion, to permanently close the Account (as defined herein) of any user suspected of collusion or any other activity prohibited under these Terms and Conditions.
2. ACCOUNT REGISTRATION
You will be required to register with Redibids before you may participate in any Auction (as defined herein). In connection with the registration process, an account will be created in your name (“Account”) and you will select a user name and password for use in accessing the Services. You may have only one (1) Account with Redibids. A valid physical address (P.O. boxes or similar addresses are not permitted) will be required in order to receive any products won in the Auction or purchased through the catalog. You are expressly prohibited from creating any additional or duplicate accounts. Redibids reserves the right to void auction wins and/or refuse shipment of any products, prizes or other auction items which Redibids, in its sole discretion, determines were won through the use of an additional or duplicate account in violation of these Terms and Conditions. You must not provide misleading information when registering.
You will use your Redibids user name and password to access the Services. By logging into the Services or using your Redibids user name and password in order to access the Services, you represent and warrant that you are authorized to use such user name and password and to use and access the Services. You are solely responsible for the use of your user name and password and for maintaining the confidentiality of your user name and password, as well as for any activities conducted using your user name and password. Your chosen user name must not be offensive, rude, disparaging or intended to deceive other users of the Services. Your user name may not advertise for other websites or services or otherwise violate the Intellectual Property Rights (as defined herein) of any third party. If we receive information or become aware that your user name is illegal or in breach of these Terms and Conditions, your Account may be disabled, suspended or terminated.
YOU AGREE THAT ACCESS TO THE SERVICES IS EXPRESSLY LIMITED TO THE NAMED USER ON THE ACCOUNT ONLY. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER NAME OR PASSWORD TO BE USED BY ANY OTHER PERSON. YOU FURTHER AGREE THAT, IN THE EVENT OF ANY VIOLATION OF THE PROVISIONS OF THIS SECTION 2, WE HAVE THE RIGHT (IN ADDITION TO ALL OTHER RIGHTS OR REMEDIES THAT WE MAY HAVE AT LAW OR UNDER THESE TERMS AND CONDITIONS) TO COLLECT, AND YOU WILL PAY IMMEDIATELY UPON DEMAND, AN AMOUNT EQUAL TO ONE THOUSAND AND NO/100 DOLLARS ($1000) PER VIOLATION AS A REASONALBLE ESTIMATE OF THE DAMAGES INCURRED BY REDIBIDS (THE AMOUNT OF WHICH COULD NOT OTHERWISE BE REASABLY ASCERTAINED).
3. ACCOUNT TERMINATION
Redibids reserves the right, in its sole discretion, to temporarily or permanently suspend or terminate your Account, without prior notice or liability, in order to maximize auction participation or in response to a suspected or confirmed violation of these Terms and Conditions, any laws, or the rights of any other users or third parties. Examples of unauthorized usage include, without limitation, the use of unauthorized third party bidding or bid tracking software, the creation of multiple accounts or other fraudulent or collusive activity or behavior. You agree that if Redibids, in its sole discretion, determines that you have breached or violated any of these Terms and Conditions, that Redibids may terminate your Account immediately and without notice, and you shall have no right to use the Services at any time in the future, unless otherwise authorized in writing by Redibids.
You may not register and/or purchase bids or catalog items under a false name or with an invalid credit card. Such fraudulent conduct is an express violation of these Terms & Conditions, as well as federal and state laws. Fraudulent activities may be reported to relevant state and federal law enforcement agencies. If Redibids suspects that you are engaging in fraudulent actives, it reserves the right, in its sole discretion, to temporarily suspend your account, permanently terminate your account, cancel any orders placed by you, and/or limit the types or number of bids or products available for purchase.
4. AUCTIONS, MINI-AUCTIONS AND BIDDING
Bids are available for purchase by users in advance of their joining a Redibids auction (each, an “Auction”). Once purchased, bids are nonrefundable. From time to time, free bids may be offered to users of the Services. Free bids are valid until the expiration date stated in the applicable promotion. Once you place a bid (whether purchased, free or otherwise) in an Auction, the bid is deducted from your Account, regardless of whether you win the Auction. Each time you place a bid, one (1) bid will be deducted from your Account. The winner of an Auction is the last bidder recorded before the Auction ends. The winner of an Auction is the last bidder recorded before the Auction ends. All Auctions end fifteen (15) seconds after the reserve price is met.
Each time you place a bid, you will have sixty (60) seconds (your “Window”) within which to see any mini-auction prize icons that may be embedded within the grid. You can then attempt to skillfully time your bids to land on the prize icons and win those mini-auctions. Being able to see the prize icons is not required to actually win the mini-auctions. If the reserve price is met and the 15-second countdown timer is initiated during your Window, you will see the countdown timer. However, you will not see the 15-second countdown timer if the reserve price is not met during your 60 second Window, thus ending the auction.
The indicator to the left of the BID button flashes grey/red until you place a bid. Once you place a bid, the indicator turns green indicating the start of your 60 second Window. As your Window approaches its expiration, the indicator turns from green to yellow and from yellow back to the flashing grey/red indicating the end of your 60 second Window.
If you did not win an Auction, you may still purchase the item being auctioned. Simply click the “Buy” button on the auction panel or select “Shop” from the tabs at the top of the screen and then select “Buy It Now”. If you purchase an item you have bid upon using the Buy It Now feature, you will receive a discount off the purchase price of the item (up to approximately 80% of the retail cost). In addition, you will get bids returned to you for use in another auction (up to 20% of the number of bids you placed in that auction). Those returned bids are designed as “Free Bids”. You have one (1) hour after an Auction ends to utilize this feature. You may not purchase an item through the “Buy It Now” feature until you have purchased at least one (1) bid and placed at least one (1) bid in the Auction for the item you seek to purchase. Redibids reserves the right to limit the number or type of products available for “Buy It Now” credit. Buy It Now is not available on gift cards or Apple products. Buy It Now purchases are limited to one (1) purchase per user per day.
Should you not honor a payment for any bids or products, you will be charged a returned payment fee in the maximum amount permitted by law. Redibids reserves the right to restrict access to or disable or terminate your Account until all outstanding amounts have been paid in full, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received. You may not obtain any money in exchange for bids. All bids purchased are non-refundable. If you ever believe that your Account does not reflect any bids that you have acquired, you must notify us within three (3) months of the date you claim to have acquired the bids. If you have no account activity for one (1) year, any purchased bids will be considered expired and will be deleted from your account.
Redibids reserves the right to, from time to time and in its sole discretion, change the price of bids, the format of any Auction or any other aspect of the Services, in each case without notice to you or any other user of the Services.
Because every Auction is unique and the results of all Auctions offered by Redibids depend on the number of users participating in such Auctions and the skill of the users participating, the precise odds of winning any Auction are unavailable.
5. REDIBIDS CATALOG PURCHASES
Redibids may, in its sole discretion, offer certain products for direct purchase via a “Shop” or “catalog” link. Catalog products may be purchased using a valid credit card or promotional credits. Redibids reserves the right, in its sole discretion, to limit the number or type of products that you may purchase through the Redibids catalog. As a non-limiting example, Redibids may limit or prohibit your purchase of electronic gift cards through the catalog without verification of your identification and/or the demonstrated existence or activity of your Account for a certain period of time. Redibids, in its sole discretion, may refuse any order you place for bids or catalog items. Redibids may, in its sole discretion, change or cancel bid purchases or catalog item purchases per person, per household, or per order. These restrictions may include orders placed by or under the same account, the same credit card, geographic region, and/or orders that use the same phone number, billing and/or shipping address. In the event Redibids changes or cancels an order, Redibids will attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made. Redibids reserves the right to limit or prohibit orders that, in its sole judgment, appear to be fraudulent or appear to be placed by dealers, resellers, distributors, other commercial or semi-commercial entities, and others who violate these Terms of Use.
6. PAYMENT
After an Auction has ended, you must pay the total price for such Auction to purchase the product. You must pay for the Auction within seven (7) days of the Auction end date. If you fail to do so, Redibids may withdraw the offer to conclude the order and permanently revoke the winner’s right to pay for and receive delivery of the applicable Auction item. If Redibids does so, all bids placed in such Auction will be deemed used and will be non-refundable. After paying the total amount due, you will receive an email confirmation that the product has been purchased.
7. ITEM DELIVERY AND RETURN
Deliveries are made exclusively to the forty-eight (48) contiguous states of the United States, and to Washington D.C. Unless otherwise stated, delivery will be made directly from our supplier or fulfillment company to the address that you have provided. Redibids reserves the right to refuse shipment of any products, prizes or other auction items which Redibids, in its sole discretion, determines were won through the use of an additional or duplicate account in violation of these Terms and Conditions. Delivery times vary and any estimated time of delivery that we may provide is only an estimate and should be used only as a general guide. Redibids shall be entitled to involve third parties to satisfy its obligations without being required to notify you or any other user of the Services. Damage to any item from transport must be reported to Redibids immediately upon receipt.
You agree that any item or order shall remain the property of Redibids until such time as Redibids has received payment for such item or order in full, and including any payments owed for bids used in the underlying Auction.
Redibids allows winners the right to return an order in accordance with our Return Policy listed on the Redibids Site, which may be updated and modified by Redibids from time to time without notice.
8. SYSTEM OUTAGES; PAUSED AUCTIONS
A Redibids system outage has occurred if no bids can be submitted in an Auction due to an unforeseeable disruption in a Redibids system or network. In the case of a system outage, the affected Auction(s) will be temporarily paused and all bidding progress will be recorded. After the disruption has been resolved, the Auction(s) will be continued. Redibids is not responsible for any costs that may be incurred by you or any other user due to any system or network outage or issue. Redibids reserves the right to cancel any Auctions that end due to a system or network error, bot bidders, employee or other non-eligible bidders, technical problems or any other similar reason.
Redibids provides no guarantee of the constant and uninterrupted availability of the Redibids Site or any technical systems relating to the Services. Redibids shall not be liable for any damage incurred by you or any other Auction users or any third parties arising from any use of the Services. In particular, Redibids shall not be liable for any damage that occurs or arises due to system outages on the network or computer you use to access the Redibids site or system, bids not being received by Redibids or the Services, not being received, processed or applied promptly, or not being considered as a consequence of technical or other errors.
9. PROPRIETARY RIGHTS
Except as explicitly provided in these Terms and Conditions, all right, title and interest in and to the Services (including any software or code used in connection with the operation thereof) and all Intellectual Property Rights in and to the Services, are the property of Redibids or its affiliates. Except as permitted by these Terms and Conditions, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, disclose, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble, or use any aspect of the Services, in whole or in part, in any form or by any means.
As used in these Terms and Conditions, “Intellectual Property Rights” refer to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights and all other intellectual property and proprietary rights that may exist or that may hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any such rights, in each case under the laws and regulations of any state, country, territory or other jurisdiction.
10. PERMISSION TO USE SUBMISSIONS
Any information, suggestions, feedback, ideas, comments and other materials that you may disclose or offer to us through or in connection with your use of the Services (collectively, “Submissions”) are submitted without any restrictions or expectation of confidentiality. You hereby assign to Redibids without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions. You will not assert any proprietary right or moral right of any kind or nature with respect to any Submissions.
11. SITE MONITORING
We are committed to complying with all laws, including laws relating to copyright and other intellectual property matters, and we expect all users of the Services to also comply with all laws. Using the Services to transmit any content or to engage in any activity or transaction that infringes the Intellectual Property Rights of any third party, or that otherwise violates any law, is expressly prohibited by these Terms and Conditions.
If notified of an allegation that the Services contain infringing, defamatory, damaging, illegal or offensive records, electronic communications, information, materials or other content, we may (but shall have no obligation to) investigate such allegation and determine in our sole discretion whether to remove or request the removal of the same from the Services. Any notices regarding any alleged infringement, defamation or illegal activities involving the Services should be directed to Redibids at support@Redibids.com.
12. DISCLAIMER
IF YOU RELY ON THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER PROBLEMS WITH THE SERVICES. THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS, WHERE-IS” BASIS AND NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, SUITABILITY, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION, MATERIALS OR OTHER CONTENT PROVIDED OR OTHERWISE MADE AVAILABLE AS PART OF THE SERVICES (OR OF THE SERVICES GENERALLY), OR THAT THE SERVICES OR THE REDIBIDS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
REDIBIDS HEREBY DISCLAIMS ANY AND ALL LIABILITY FROM CLAIMS ARISING FROM PURCHASES MADE FROM REDIBIDS. REDIBIDS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR INJURIES OF ANY TYPE OR NATURE THAT OCCUR OR THAT ARE RECEIVED FROM ANY PRODUCT PURCHASED OR WON ON OR THROUGH REDIBIDS. REDIBIDS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS PURCHASED OR WON THROUGH THE SERVICES, OR WITH RESPECT TO ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT REDIBIDS SHALL NOT BE LIABLE FOR PERSONAL INJURY OR ANY PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION OR MISUSE OF ANY PRODUCTS OBTAINED BY YOU OR ANY OTHER PERSON THROUGH THE SERVICES. IN NO EVENT SHALL REDIBIDS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES RELATING TO ANY CLAIM THAT YOU OR ANY USER MAY MAKE FOR ANY BREACH OF WARRANTY OR SIMILAR CLAIM WITH RESPECT TO ANY PRODUCT THAT MAY BE ACQUIRED THROUGH THE SERVICES.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
13. INDEMNIFICATION; LIMITATIONS OF LIABILITY
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES, OUR SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PRINCIPALS (PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), EMPLOYEES, OWNERS, REPRESENTATIVES, AGENTS AND LICENSEES, AGAINST ANY AND ALL CLAIMS, JUDGMENTS, LOSSES, DAMAGES, DEMANDS, PAYMENTS, FINES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEE AND COURT COSTS), LIABILITIES AND RECOVERIES OF WHATEVER NATURE, THAT ARISE OUT OF (A) YOUR USE OF OR ACCESS TO THE SERVICES; (B) ANY NEGLIGENCE OR WILLFUL MISCONDUCT ON YOUR PART; OR (C) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OTHER AGREEMENT OR OBLIGATION SET FORTH IN THESE TERMS AND CONDITIONS.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE UPON THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE OR THEY ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND AGENTS, IF ANY, ARISING OUT OF A LEGAL CLAIM OF ANY KIND RELATING TO THE SERVICES OR THESE TERMS AND CONDITIONS WILL NOT EXCEED FIVE HUNDRED AND NO/100 DOLLARS ($500).
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14. CHANGES TO TERMS AND CONDITIONS
We may change or modify these Terms and Conditions from time to time. By continuing to use or access the Services following our posting of such changes or modifications, you agree to be bound by these Terms and Conditions, as they may be modified from time to time. We reserve the right to change, restrict access to, suspend or discontinue the Services or any portion thereof at any time, without any liability or obligation.
15. MISCELLANEOUS
These Terms and Conditions and the Official Rules (as defined herein) will be governed and construed in accordance with the internal laws of the State of Georgia, without regard for its conflict of law principles. By using or accessing the Services, you hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia for all disputes, causes of action and claims that you may bring or initiate that arise out of or relate to the Services, these Terms and Conditions, the Official Rules or the game promotion described below, and you hereby waive any objections to the laying of venue in such forum.
ANY LEGAL OR OTHER PROCEEDING COMMENCED BY OR ON YOUR BEHALF UNDER THESE TERMS AND CONDITIONS SHALL TAKE THE FORM OF AN INDIVIDUAL ACTION OR PROCEEDING (AND NOT OF A CLASS ACTION OR PUTATIVE CLASS ACTION OR OF A COLLECTIVE, REPRESENTATIVE OR OTHER SIMILAR ACTION OR PROCEEDING). CLASS ACTIONS OF ANY KIND (WHETHER PURSUED THROUGH THE COURTS ARE OTHERWISE) ARE NOT PERMITTED. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND OUR AFFILIATES AND RELATED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. BY USING OR ACCESSING THE SERVICES, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER SIMILAR REPRESENTATIVE ACTION OR PROCEEDING.
Our failure to enforce any right or provision set forth in these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision set forth in these Terms and Conditions or in the Official Rules is held to be invalid or unenforceable, then that provision will be limited in order to eliminate the associated defect, and the remaining provisions of these Terms and Conditions or the Official Rules, as the case may be, will remain in full force and effect.
These Terms and Conditions, the Official Rules, and the Privacy Policy represent the entire agreement between you and Redibids regarding the subject matter hereof. Redibids may provide additional information or impose additional policies or rules with respect to the Services and/or the Redibids Site, which may be made available to you on the Redibids Site (e.g., shipping and return policies, information included on the “How it Works” page, etc.), and all such information, policies and rules shall be binding on you with the same legal force and effect as if set forth in these Terms and Conditions, provided that, in the event of any conflict between such information, policies or rules, and any provision of these Terms and Conditions, provided that, in the event of any conflict between such information, policies or rules, and any provision of these Terms and Conditions, the provision set forth in these Terms and Conditions shall control. Other than our affiliates, no other person or entity will be deemed a third party beneficiary to any provision of these Terms and Conditions or the Privacy Policy.