BIDZ.COM SITE ACCESS AND PURCHASE AGREEMENT
THIS IS A LEGAL CONTRACT BETWEEN YOU AND BIDZ.COM
This Site Access and Purchase Agreement (this Agreement) is a legal contract between you, Bidding Unlimited Incorporated "DBA" Bidz.com and contains the terms and conditions for access to and use of the website and marketplace located at www.bidz.com (the Site).
AMENDMENTS AND CHANGES
1.1 Changes to Site and Marketplace. Bidz.com shall have the right at any time to change or discontinue any aspect or feature of Bidz.com, including, but not limited to, services, products, content, hours of availability, and equipment needed for access or use.
2.1 The Marketplace. Bidz.com operates an online marketplace that enables Members to view and purchase products and services (the Marketplace). Except for certain circumstances, each product available on the Marketplace (Products) is offered for a defined and limited period of time determined by Bidz.com and is sold to the Member who proposed the highest purchase price during that limited selling period. In addition, Bidz.com may, from time to time, make available to Members opportunities to purchase a Product either in multiples of more than one (1) or at the highest purchase price they proposed even if that purchase price was not the highest proposed during the selling period.
2.2 Registration as a Bidz.com Member Required. Only Bidz.com Members may participate in the Marketplace. In order to become a Member, you should agree to this Agreement and all terms and agreements incorporated in this Agreement, not be a Minor, and provide us with your name, address, phone number, and email address, as well as any other identification information required by our policies or that we may request from time to time.
2.3 Age Minimum. Children under the age of 18, or under the age of 21 if using the Site in AL, MS, NE, WY or any other state where the age of majority is greater than 18 (a Minor), may not become a Bidz.com Member, use the Site or authorize transactions on the Site.
2.4 Your User Name and Password. As part of the registration process, you will choose your own user name and password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password.
2.5 Bidz.com allows only one (1) account per registered Subscriber. The right to use Bidz.com is personal to Subscriber and is not transferable to any other person or entity.
2.6 Personalizing Your User Name. You may personalize your username with an icon we supply on the Site at My Account Control Center - Update Registration Information or with an icon you upload from your computer. You may not use an offensive or profane icon. We reserve the right to erase or remove any icon from the Site at anytime.
2.7 Cookies Enable. In order to participate in the Marketplace, your browser cookies should be enabled each time you log on. Cookies are small files stored on your hard drive that store login information. Your browser may be set up to accept cookies by default, but if your settings have changed, or your browser continually returns to the login page after you submit your login information, you may need to enable cookies. To enable cookies on your browser, click here.
3. BASIC USAGE RULES: YOUR USE OF THE SITE AND MARKETPLACE
3.1 Postings. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Bidz.com's express prior approval, contains advertising or any solicitation with respect to products or services. You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted Bidz.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store, or reproduce the material for that users personal use. You hereby grant Bidz.com the right to edit, copy, publish and distribute any material made available on the Site by you. We strongly forbid the use of any offensive images such as pornography. Any images Bidz.com finds offensive will be deleted, and the members using such images may be suspended. Any conduct by you that in Bidz.com discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services.
3.2 Our Content. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may only download copyrighted material for your personal use such as for the reselling of items purchased from Bidz.com. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Bidz.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3.3 Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Bidz.com and all charges related thereto.
3.4 Zero Tolerance on Fraud. BIDZ.COM HAS ZERO TOLERANCE FOR ONLINE FRAUD. Every time you log in to the Site, your IP address is recorded. This information can be used against fraudulent bidders. Any acts of online fraud or suspicions thereof, should be immediately reported to Bidz.com. Bidz.com will notify and assist the appropriate law enforcement agencies in any case where there is suspicion of fraudulent use of our Marketplace. Bidz.com will terminate and ban the user on the first offense. Bidz.com will also maintain and enforce a blacklist to chronicle fraudulent users.
3.5 Compliance with Laws; Fraud. The Site and Marketplace only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Marketplace, including in regard to bidding, and purchasing Products. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participants password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Bidz.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
3.6 Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any Product for the purpose of artificially increasing or otherwise manipulating the bidding process on Bidz.com or the bid price of any Product listed on the Site, or influencing user behavior on Bidz.com.
4. PRIVACY, MONITORING AND DISCLOSURE, BREACH
If Bidz.com Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
4.3 Disclosure of Information. As permitted by applicable law, Bidz.com reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Bidz.com's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Bidz.com's business and systems or other purposes deemed reasonable by Bidz.com, Bidz.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
4.3 Email and Mobile Text Anti-Spam Policy. It is Bidz.com policy not to send commercial email or mobile text notifications to individuals who have not asked to receive such email from Bidz, or to receive such email from a third party that may market on Bidz behalf. If you receive an unsolicited commercial email from Bidz.com, and would like to stop receiving such emails in the future, you can click on the "opt-out" or "unsubscribe" link at the bottom of the email or send a letter to Bidz.com 639 S. Broadway Floor 8, Los Angeles, CA 90014 Please note that it may take up to 10 days to process your request. If you have opted-out of receiving commercial email from Bidz.com, but continue to receive such email, please forward the email (with the full header) to Marketing@bidz.com For mobile text notifications simply reply STOP to the text messages.
5. RIGHTS OF BIDZ.COM
5.1 Auction Glitches. Bidz.com will offer 100% risk free auctions, except when a technical glitch prevents that from happening. In such a case, Bidz.com reserves the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by Bidz.com to the customer if no merchandise is shipped. It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number(s).
5.2 Breach. Without limiting other remedies, Bidz.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide services to you: (a) if you breach this User Agreement or the documents it incorporates by reference; (b) if Bidz.com is unable to verify or authenticate any information you provide to Bidz.com; or (c) if Bidz.com believes that your actions may cause legal liability for you, other Bidz.com users, or Bidz.com.
5.3 Termination. Bidz.com may terminate this Agreement or your access to the Site at any time in the event of any conduct by you which Bidz.com, in its sole discretion, considers to be unacceptable.
6. BIDDING TERMS
6.1 Your Bid Or Offer To Buy Is Your Agreement. You acknowledge and agree that a bid or a request to buy any Product is a legal offer to buy the Product. Once Bidz.com accepts your offer, you are obligated to complete the transaction as accepted by Bidz.com. Accordingly, when you bid on a Product on Bidz.com, you enter a legally binding contract in which you express intent to purchase the Product at the proposed bid price. Failure to do so in a timely manner will result in termination of your Bidz.com membership and other actions taken by Bidz.com to enforce your obligations. You acknowledge that not fulfilling these obligations may be legally actionable.
6.2 First Time Users. First time customers will be required to pay for their first five items that they bid on and win. Bidding privileges will be restricted until payment is made. After the first transaction is officially completed, customers will be able to bid freely on other items. Until such time, customers will not be able to make use of the Bidz.com auto-bid feature.
6.3 Listing Page. Each Product has a Listing Page, which sets forth the Products description and additional Checkout Terms, if applicable. You are responsible to read the Listing Page, and your submission of a bid to buy a Product constitutes your agreement that you have read and you understand the Listing Page and any Checkout Terms.
6.4 Bid Increment Rules
(a) Whole Dollar Increments. Each proposed purchase price in each bid (a Bid Amount) to buy a Product is in whole dollar amounts. Any Bid amount not placed in whole dollar increments will be invalid and not accepted.
(b) Minimum Bid Increase. Your Bid Amount has to exceed the current highest bid by at least the Minimum Bid Increase. The Minimum Bid Increase is $1.00 USD.
(c) Automatic Bid Increments. For your convenience, Bidz.com automatically sets each of your next Bid Amounts by adding the applicable Minimum Bid Increase to the current Bid Amount. YOU MAY ALSO SET YOUR DESIRED BID AMOUNT MANUALLY, WITHOUT THE AID OF THE BIDZ.COM AUTOMATIC BID INCREASE IF GREATER THAN THE APPLICABLE MINIMUM BID AMOUNT INCREASE.
6.5 No Bid Shilling or Fraud. Bid shilling occurs when someone bids on a Product for the sole purpose of driving up the price and is prohibited. Any evidence of bid shilling on a Product is a breach of this Agreement and warrants immediate termination of membership.
6.6 Retracting Your Bid. Once you have submitted a bid to purchase any Product, it cannot be retracted unless you made an obvious typographical error when placing a bid. For clarification, a bid placed on another, similar Product, changing your mind, or inability to pay for the Product is not grounds to retract a bid or to cancel your agreement to purchase a Product. To retract a confirmed bid, you need to contact Customer Service with your request and include the Product listing number and a valid explanation.
6.7 Submission of the Highest Bid and Your Payment Obligation. When you have submitted the highest Bid Amount during the selling period of a Product, you will receive an e-mail notifying you that you have submitted the highest Bid Amount - you will have two (2) days thereafter to pay for your Product(s) at that highest Bid Amount. You are responsible for keeping track of all of your highest Bid Amounts. No extensions on these two (2) days will be given.
7. BIDDING TOOLS
Bidz.com makes available tools for reviewing and purchasing Products through the Marketplace. You are solely responsible for use of these tools. By using any of these tools, you agree that you have read and that you understand all of the rules and instructions for such tools.
7.1 Bidz.com Watch List. You may elect to use Bidz.com's Watch list feature to track Products you are interested in, but not yet ready to bid on. You may also bid on Products on your Watch List directly from your Watch List. For instructions, please click Watch List.
7.2 Autobid System. Our Autobid System will automatically place bids on your behalf on Products up to your maximum Bid Amount. Your election to use the Autobid System is your offer to purchase the applicable Product at the highest Bid Amount designated by you and a legal contract between you and Bidz.com. If your highest bid amount is the winning bid, you agree to comply with your obligations under that contract to buy the Product from Bidz.com. An Autobid placed on a Product or Bids that have already been placed by the Autobid System may not be canceled.
7.3 Reserve Price Auctions
(a) Description. Bidz.com may provide you with an opportunity to purchase a Product through the Bidz.com Reserve Auctions program. A Reserve Auction is similar to a Bidz Typical Auctions except that a minimum Reserve Price has been set. Once the minimum Reserve Price is met, the highest bidder will win the item once the auction closes. Each reserve auction will show an indicator when the Reserve Price is Not Met. The Reserve Price will not be revealed. If we have set a Reserve Price for a particular auction and the reserved price is not met, we are not obligated to sell the item. In the event that an auction reaches an acceptable amount, we reserve the right to remove the minimum reserve price on the auction.
(b) Notice to You. If a Reserve Price has been met on a product, the highest bidder will win the item once the auction closes. You will receive an email notification after the selling period ends that you have won the Reserve Price Product. Reserve Price Products will automatically be placed into your account.
(c) Payment Terms. Each Reserve Price Auction will expire two (2) days after you receive an email notification. Accordingly, you will have two (2) days to pay for any Reserve Price Auctions.
7.4 Reserve Price Offers
(a) Description. Bidz.com may provide you with an opportunity to purchase a Product through the Reserve Price Offer program. A Reserve Price Offer is an opportunity to purchase a Reserve Price Product at the minimum reserve price set forth by Bidz.com on a first come first serve basis.
(b) Notice to You. If a Product is subject to a Reserve Price Offer, all auction participants of the auction will receive an email notification after the selling period ends. Reserve Price Offer Products will automatically be placed into all auction participant accounts under "Special Offer". The offer will be on a first come first serve basis and while supply lasts. The first customer to purchase it will secure the offer. The offer will remain valid for 3 days from auction closing date and if offer is accepted the item will remain in your shopping cart for 30 minutes.
(c) Payment Terms. Each Reserve Price Offer will expire in three (3) days after you receive an email notification. The first user to purchase the item will secure the offer.
(d) No Obligation. You are not obligated to purchase any Reserve Price Offers. If you choose not to purchase these Products, you have the option to delete the product from your account.
8.1 General Payment Policies
(a) Payment in U.S. Currency Only. All payments for Products are in United States currency.
(b) All Purchases Will Be Subject to Sales Orders. All of your purchases and amounts owed for those purchases will be presented to you on one (1) or more sales orders that will be emailed to you and stored in your My Account Control Center for 90 days from the purchasing date. Bidz.com will use its commercially reasonable efforts to post and make available to you your sales orders no later than one (1) hour after Bidz.com accepts your payment.
(c) First Time Users. First time customers will be required to pay for their first five items that they bid on and win. Bidding privileges will be restricted until payment is made. After the first transaction is officially completed, customers will be able to bid freely on other items. Until such time, customers will not be able to make use of the Bidz.com auto-bid feature.
(d) Payment Due Within 2 Days. Payment on any Product is due promptly, but no later than two (2) days after Bidz.com accepts your offer to buy a Product. Any payment not received within 2 days of when Bidz.com accepts your offer to buy a Product will be referred for collection.
(e) Your Transactions and Obligations. By entering into this Agreement and bidding on a product, the customer agrees to complete the transaction. In which case, the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and Bidz.com maintains the right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to multiple non-pays of auctions won, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees. Bidz.com reserves the right to demand payment if customer has more than 10 unpaid items in their account or if the total amount of auctions won, exceeds $1000.00. To avoid this situation please pay on time.
(f)Buyers Auction Fee A Buyers Auction Fee is a standard auctioneering fee that cover the cost associated with sourcing products, running the marketplace and managing services such as payment collection and fulfillment. Unless otherwise stated in the auction, our standard Buyers Premium is 3% of the orders grand total or a minimum of $0.50.
(g) Customs on International Shipments. You are solely responsible to pay all customs fees on packages shipped out of the United States. You are solely responsible for understanding and complying with your local customs laws, duties, regulations, and restrictions.
8.2 BIDZ.COM Rights If Payment Not Received In Full. You promise that any payment method selected by you when purchasing a Product shall enable you to make full and immediate payment. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, Bidz.com may in its sole and absolute discretion cancel your purchase. In such case,Bidz.com may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At Bidz.com's sole discretion, but without any obligation, alternate payment methods may be arranged.
(h) BIDZ.COM Rights to Cancel. Bidz.com reserves the right to cancel any order(s) for reasons including but not limited to availability of product, inaccuracy of items descriptions, inability to verify billing information and shipping address deliverability issues.
8.3 Payment Methods
(a) Accepted Payment Forms. Bidz.com currently accepts:
(vi) Certain third party payment services, including Affirm.
(d) Third Parties. You agree that any payments made to Bidz.com through any third party payment service, such as Affirm, any credit card issuer, or any other party, will be an agreement between you and the third party. BIDZ.COM WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THIS SITE IS FOR CONVENIENCE ONLY. BIDZ.COM MAKES NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
9.1 Sales Tax Requirements. Companies selling over the Internet are subject to the same sales tax collection requirements as any other retailers.
9.2 California. Any Product purchased on Bidz.com being shipped to California will be charged sales tax on the transaction. Bidz.com will accept California resale certificates only if submitted before the transaction closes.
9.3 Your Obligations. Bidz.com's sales tax collections procedures do not constitute a promise that you have no other sales or use tax liabilities as a result of your purchase of Products through Bidz.com. You are solely responsible for reporting and remitting any sales or use tax you may owe under laws applicable to you. You also agree that Bidz.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.
10.1 General Shipping Policies
US SHIPPING POLICY CLICK HERE
INTERNATIONAL SHIPPING POLICY CLICK HERE
10.2 Undeliverable Packages:
International orders that are received back to Bidz.com as undeliverable are not available for reshipment.
10.3 Tracking Your Shipment. To track your shipment you need to obtain a Tracking Number. All Tracking Numbers are stored at View Previous Orders in the My Account Control Center. The Tracking Number will become available once your order is shipped and subject to the shippers rules and policies.
(a) For questions on the status of your Federal Express package please call 1-800-GO-FEDEX (1-800-463-3339)
(b) For questions on the status of your FedEx SmartPost package please call 1-888-505-3400 (or 1-800-GO-FEDEX)
(c) For questions on the status of your FIMS package please call us at 1-866-545-9871 or email us at email@example.com.
10.4 Estimated Delivery Date. Once Bidz.com delivers your package with a shipper, the shipper provides an estimated delivery date based on the shipping service you selected and other market and environmental factors.
10.5 Lost Packages Lost packages should be reported within 48 hours of the estimated delivery date(Please see 10.8.1 for exceptions)*. Bidz.com will not be held liable for lost or stolen packages, packages containing missing products, or vandalized packages; in instances where the customer has not contacted Bidz.com within 48 HOURS of the estimated delivery date of the shipment in question. For prompt service, please forward all claims issues to: firstname.lastname@example.org.
*10.8.1 Exceptions to 10.8 There are two exceptions to the aforementioned 48 hour deadline:
(i) Lost packages shipped using FedEx SmartPost should be reported to Bidz.com within 3 weeks of the initial shipment.
(ii) Lost packages shipped using FedEx International Mail Service (FIMS) should be reported to Bidz.com within 6 weeks of the initial shipment.
11. LIMITED WARRANTY
We disclaim all warranties, express or implied, of every kind and nature on any Product, service or the Marketplace, except as set forth in this Agreement, including the Bidz.com Limited Warranty.
12. SPECIAL SERVICES
12.1 Ring Sizing. Bidz.com provides resizing services for rings available for bid or purchase on Bidz.com
(a) Resizing Policies.
(i) Only select Products are available for resizing by Bidz.com. If a Product is available for resizing on Bidz.com, it will have one or more of the following in the Listing Page:
We can resize!
Ring Sizing Available
(ii) The maximum resizing on rings is no more than two (2) sizes up or down. Further, some ring styles cannot be resized 2 full sizes or even 1 full size. You should check the items listing page for exact range of sizes per item in part if it is re-sizable.
(iii) Re-sizing a ring will delay deliveryforupto7 additional days.
(iv) Any Product being re-sized will be invoiced and shipped separately.
(v) Re-sized rings will not be eligible for refunds or returns.
(b) Fees. The re-sizing fee is $25.00 per ring.
12.2 Certificate of Authenticity. Bidz.com provides certificates of authenticity for Products available for bid or purchase on Bidz.com. These certificates provide information on the identification, authentication, content and weight of the gems or precious metals contained in a Product. Certificates will include an enlarged colored photograph. All gemological analysis for Bidz.com will be done by a qualified independent gemological laboratory.
(a) Certificate of Authenticity Policies.
(i) Only certain Products are available for certificates of authenticity by Bidz.com. If a Product is available for a certificate of authenticity, it will have one or more of the following in the Listing Page:
(ii)When available, certificates of authenticity may be purchased during the check-out process for $33.
(iii) If you order a certificate of authenticity, it will delay delivery of your purchased Products up to an additional 7 days for delivery.
(iv) International customers' certificates of authenticity will be shipped separately from their purchased Products.
12.3 - 2 Year Warranty Service Plan. Bidz.com provides a 2 year warranty service plan. The service plan provides coverage for Products on Bidz.com for two full years from the date of purchase. The plan covers all parts and labor expenses for repairs resulting from normal everyday wear and tear.
(i) Only certain Products will have the 2 Year warranty service plan option. If the warranty service plan is available for the product, it will be made available for purchase during the check out process.
(a) Fees. The price of the plan is based solely on the price you paid for the item.
(i)2 Year Warranty Service Plan
No Warranties. THE SITE IS PROVIDED ON AN "AS IS" BASIS. CUSTOMERS USE OF THE SITE IS AT CUSTOMER'S OWN AND SOLE RISK. BIDZ.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION:
(a)THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,AND NON-INFRINGEMENT;
(b) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR;
(c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER,LAWFUL TO SELL, OR THOSE THIRD PARTIES WILL PER FORM AS PROMISED.
(d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BIDZ.COM.
(f) TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BIDZ.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM BIDZ.COM OR THROUGH THE USE OF SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
(a)YOU EXPRESSLY AGREE THAT USE OF BIDZ.COM IS AT YOUR SOLE RISK. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY 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 RECORD,WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BIDZ.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(b) IN NO EVENT WILL BIDZ.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING OUT OF THE USE, OF OR INABILITY TO USE THE SITE.
(c) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER BIDZ.COM, NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,OR OTHER DEFECTS IN, OR UNTIMELINESS OR IN AUTHENTICITY OF, THE INFORMATION CONTAINED ON THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.
14. LIMITATION OF LIABILITY
OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY, BIDZ.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, PRODUCTS, SERVICES AND THE MARKETPLACE, THE INABILITY TO USE PRODUCTS, SERVICES AND THE MARKETPLACE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY OR OTHERWISE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BIDZ.COM AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES(INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH(A) YOUR BREACH OF THIS USER AGREEMENT,INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE;(B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR(C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
16. INTELLECTUAL PROPERTY
16.1 Trademarks. Bidz.com's names, logos and tag lines are trademarks of Bidz.com and any of its subsidiaries. All rights reserved. All other trademarks appearing on Bidz.com are the property of the irrespective owners. This User Agreement does not constitute a license to use any such trademarks.
16.2 Copyrights and Copyright Agent. Bidz.com respects the rights of all copyright holders and in this regard, Bidz.com has adopted and implemented a policy that provides for the termination inappropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bidz.com's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17U.S.C.512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on line site are covered by a single notification, a representative list of such works at that site;
(c)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Bidz.com's Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is:
689 S. Broadway Floor 8
Los Angeles, CA 90014
17. APPLICABLE LAW AND DISPUTE RESOLUTION
17.1 Governing Law. Any actions arising out of, or in any manner affecting the interpretation of, this Agreement as they pertain to the Marketplace, the Site, any service or any Product, whether under this Agreement or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and State of California, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods;(iii) the1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the1974Convention, done at Vienna April 11, 1980. You hereby consent to the exclusive jurisdiction and venue of courts located in Los Angeles, California for litigation of disputes under the Agreement.
19.2 Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIMS HALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN LOS ANGELES, CALIFORNIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR BIDZ.COM MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN LOS ANGELES, CALIFORNIA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR BIDZ.COM PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
18. LEGAL NOTICE AND GENERAL PROVISIONS
18.1 Entire Agreement. This User Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
18.2 No Agency; Third-Party Beneficiary. Bidz.com is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Bidz.com and you.
18.3 Severability. If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
18.4No Waiver. Bidz.com's failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of Bidz.com's right to subsequently enforce such provision or any other provisions of this User Agreement.
18.5 Headings. The section headings used herein are for convenience only and shall not be given any legal import.
THE BIDZ.COM LIMITED WARRANTY
This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state (or jurisdiction to jurisdiction). This Limited Warranty covers any products purchased from Bidz.com. You are encouraged to read all of this Limited Warranty to determine your rights to warranty service. You need to have a proof of purchase to receive warranty service. Proof of purchase is a sales receipt or other document (which may be an email or other electronic document) showing that you purchased the Product.
WHAT DOES THIS LIMITED WARRANTY COVER?
Bidz.com warrants that the Product will substantially conform to the description of the Product on the Bidz.com website, subject to the terms and limitations of this Limited Warranty.
WHAT IS THE LIMITED WARRANTY PERIOD?
The Limited Warranty Period is 14 days from the date of purchase. ITEM SHOULD BE RETURNED WITHIN 14 DAYS FROM THE DATE OF PURCHASE.
DO I GET UNDER THIS LIMITED WARRANTY?
the Product fails to substantially conform to the description of the Product on the Bidz.com website, Bidz.com will provide a full refund.
are responsible for all shipping costs associated with returning the Product to Bidz.com. [However, if you are entitled to a full refund, we will also refund your shipping costs up to $8.95.]
HOW TO RETURN A PRODUCT - CHECKLIST
Make sure you have:
your Bidz.com Username
the listing # of the Product you wish to return
your proof of payment
a detailed reason for your return.
Contact Bidz.com to get a Return Authorization Number (RMA)
Click on the Return Item link under MY ACCOUNT CONTROL CENTER
By phone at 1-866-545-9871
By email at email@example.com
Get shipping instructions and a shipping address for returning a Product.
689 S. Broadway Floor 8
Los Angeles, CA 90014
Print the RMA number on the outside of all returning parcels. Packages without a clearly marked, valid RMA will be refused.
Please DO NOT remove the tag on the Product. Once the tag is removed, Bidz will not accept the Product for a return.
Ship the Product for which you are returning and your proof of purchase to the address provided to you by the Bidz.com. Remember, you should pay the cost of shipping the Product to Bidz.com for warranty service.
WHAT THIS LIMITEDWARRANTY DOES NOT COVER
This Limited Warranty does not cover, among other things any of the following, or damages related to any of the following or other non-defect related problems:
Failure of any other product used in conjunction with the Product;
Surfaces scratches on the Product;
Improper use of the Product;
Any alteration or modification made to all or any part of the Product after you purchase the Product;
Labor charges for installation or setup of the Product;
Damage or inoperability of the Product due to accident, lightning, unauthorized repair or other cause not within the control of Bidz.com;
Operation of the product in any country other than the country for which it was designed, manufactured, approved and/or authorized;
Use of the Product for commercial or institutional purposes;
Access connections (internet), including charges from your communications provider even if you choose to return the Product and otherwise have no use for such access connections.
LIMITATION OF LIABILITY AND DISCLAIMERS
THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY AND ALL EXPRESS WARRANTIES. ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THE LIMITED WARRANTY PERIOD (1 YEAR FROM PURCHASE) AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
BIDZ.COM'S RESPONSIBILITY FOR RETURNS OR REMEDIES ON THE PRODUCT IS LIMITED TO REFUND OF PURCHASE PRICE AS SET FORTH IN THIS LIMITED WARRANTY. THE PRECEDING LIMITED WARRANTY CONSTITUTES BIDZ.COM'S ONLY OBLIGATION TO YOU AND REPRESENTS YOUR EXCLUSIVE REMEDY AGAINST BIDZ.COM. IN NO EVENT WILL BIDZ.COM BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,REGARDLESS OF WHETHER YOUR CLAIMS ARE BASED ON BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THE PRODUCT'S NOT BEING AVAILABLE FOR USE OR FOR LOST DATA OR FOR ANY DAMAGE THAT MAY RESULT FROM YOU RUSE OR OWNERSHIP OF THE PRODUCT.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CERTAIN OTHER EXCLUSIONS CONTAINED IN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH IN THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT THAT THEY ARE PROHIBITED BYLAW.
No person or entity is authorized to give any other warranty or to assume any other obligation on behalf of Bidz.com. Any provision of this Limited Warranty prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition and shall not invalidate any of the remaining provisions of this Limited Warranty.
OTHER MANUFACTURER WARRANTIES
Certain manufacturers may offer other warranty terms for the Product. Check with the Product manufacturer for details.You have to look to the applicable manufacturer for any Product warranty offered by such manufacturer and not Bidz.com.
Bidz.com is a Delaware Corporation.
For questions or comments about this Limited Warranty or the Product, please write to Bidz.com at:
639 S. Broadway Floor 8
Los Angeles, CA 90014