1.1. Agreement
to Terms. These Terms of Service (“Terms”) constitute a legally binding
agreement between you (“User,” “you,” or “your”) and BidMoreAuctions, a
Subsidiary of SAS Enterprises, a Wyoming Limited Liability Company (“Company,”
“we,” “us,” or “our”), located at 9636 N BizTown Loop, Hayden, ID 83835,
governing your access to and use of the services available through https://bidmoreauctions.com
and any related applications, APIs, or software (collectively, the “Service”).
1.2. Age
Restriction. By accessing or using the Service, you represent and warrant
that you are at least eighteen (18) years of age. If you are under the age of
eighteen (18), you are strictly prohibited from using the Service. We reserve
the right to request proof of age at any time, and to terminate or suspend your
access if we have reason to believe you do not meet this age requirement.
1.3. Modification
of Terms. We reserve the right to modify these Terms at any time in our
sole discretion. We will provide notice of any material changes through the
Service, via email, or through other reasonable means at least thirty (30) days
prior to the changes taking effect. Your continued use of the Service after
such notice period constitutes your acceptance of the modified Terms. If you do
not agree to the modified Terms, you must discontinue using the Service before
the changes take effect.
2.1. Service
Provided “As-Is”. The Service is provided on an “as-is” and “as-available”
basis without any guarantees or warranties of any kind, whether express or
implied. We make no representations or warranties regarding the reliability,
availability, timeliness, suitability, accuracy, or completeness of the Service
or any content therein.
2.2. Technical
Requirements. You are solely responsible for obtaining and maintaining all
telecommunications, broadband, and computer hardware, equipment, and services
needed to access and use the Service, and for paying all charges related
thereto.
2.3. Service
Modifications. We reserve the right to modify, suspend, or discontinue any
aspect of the Service at any time, with or without notice. We shall not be
liable to you or any third party for any modification, suspension, or
discontinuation of the Service.
3.1. Account
Creation. To access certain features of the Service, you must create an
account. You agree to:
(a)
Provide accurate, current, and complete
information during registration;
(b)
Maintain and promptly update your account
information;
(c)
Maintain the security and confidentiality of
your login credentials;
(d)
Immediately notify us of any unauthorized use of
your account; and
(e)
Accept responsibility for all activities that
occur under your account.
3.2. Account
Security. You are solely responsible for maintaining the confidentiality of
your account credentials and for restricting access to your account. You agree
to accept responsibility for all activities that occur under your account,
whether or not authorized by you.
4.1. Content
Ownership and License. You retain all ownership rights to any content you
submit, post, or display through the Service (“User Content”). By submitting
User Content, you hereby grant Company a worldwide, non-exclusive,
royalty-free, sublicensable, and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User Content
in connection with the Service and Company’s business operations, including
without limitation for promoting and redistributing part or all of the Service
in any media formats and through any media channels.
4.2. Content
Restrictions. You agree not to post, upload, or transmit any User Content
that:
(a)
Infringes any patent, trademark, trade secret,
copyright, or other intellectual property or proprietary rights;
(b)
Is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, or otherwise objectionable;
(c)
Contains software viruses or any other malicious
code;
(d)
Constitutes unauthorized advertising, junk mail,
spam, or chain letters;
(e)
Impersonates any person or entity or
misrepresents your affiliation with any person or entity;
(f)
Violates any applicable law, regulation, or
contractual obligation; or
(g)
Interferes with or disrupts the Service or
servers connected to the Service.
5.1. Payment
Methods. We accept the following payment methods: Cash, Check, Credit Card,
Money Order, and Bank Wire. For purchases exceeding $1,000, payment must be
made via Bank Wire, PayPal, or Cash only.
5.2. Buyer’s
Premium and Taxes.
(a)
A buyer’s premium of ten percent (10%) will be
added to all invoices.
(b)
Idaho sales tax of six percent (6%) will be
applied to all sales shipped within Idaho and for store pickups.
(c)
All applicable taxes are calculated based on the
shipping address or pickup location.
5.3. No Refunds.
All sales are final, and no refunds will be issued for any reason whatsoever.
This “no refund” policy includes, but is not limited to:
(a)
Dissatisfaction with purchased items;
(b)
Misunderstanding of item descriptions;
(c)
Changes in circumstances or buyer’s remorse;
(d)
Claims of defects or damage discovered after
purchase;
(e)
Shipping delays or issues; or
(f)
Any other circumstances not explicitly covered
by these Terms.
6.1. Pickup
Schedule. Orders must be picked up during the following designated hours
unless shipping has been arranged:
•
Monday: Closed
•
Tuesday through Friday: 11:00 AM – 7:00 PM
•
Saturday: 12:00 PM – 4:00 PM
•
Sunday: Closed
6.2. Storage
Fees.
(a)
Orders not picked up by 3:00 PM on the Saturday
following the auction will incur a storage fee of five dollars ($5.00) per day.
(b)
For orders containing more than five (5) items,
an additional fee of one dollar ($1.00) per item per day will apply.
(c)
Orders designated for shipping are exempt from
storage fees.
7.1. DMCA
Compliance. We respect the intellectual property rights of others and
expect our users to do the same. Pursuant to the Digital Millennium Copyright
Act, 17 U.S.C. § 512 (“DMCA”), we will respond expeditiously to claims of
copyright infringement committed using the Service.
7.2. DMCA
Notification Requirements. If you are a copyright owner or authorized to
act on behalf of one, you may submit a notification of claimed infringement to
our designated agent at info@bidmoreauctions.com. Your notification must
include:
(a)
A physical or electronic signature of a person
authorized to act on behalf of the copyright owner;
(b)
Identification of the copyrighted work claimed
to have been infringed;
(c)
Identification of the material claimed to be
infringing;
(d)
Your contact information, including address,
telephone number, and email;
(e)
A statement of your good faith belief that use
of the material is not authorized; and
(f)
A statement, under penalty of perjury, that the
information in the notification is accurate and that you are authorized to act
on behalf of the copyright owner.
8.1. API Rate
Limits. Access to our API is subject to the following restrictions:
(a)
A maximum of one (1) request per hour per
authenticated user;
(b)
Any attempt to exceed this limit may result in
temporary or permanent suspension of API access;
(c)
We reserve the right to modify these limits at
any time without notice.
8.2. API
Warranty Disclaimer. The API is provided “as-is” without any warranties or
guarantees. We expressly disclaim:
(a)
Any warranties regarding API availability or
uptime;
(b)
The accuracy or completeness of API responses;
(c)
The suitability of the API for any particular
purpose;
(d)
Any implied warranties of merchantability or
fitness for a particular purpose.
9.1. Termination
for Violations. We may immediately terminate or suspend your access to the
Service, without prior notice or liability, for any reason, including:
(a)
Violation of these Terms;
(b)
Suspicious or fraudulent activity;
(c)
Non-payment or payment disputes;
(d)
Harassment of other users or staff;
(e)
Interference with the proper functioning of the
Service;
(f)
Violation of applicable laws or regulations.
9.2. Non-Violation
Termination. For termination not related to violations, we will provide
thirty (30) days’ written notice before terminating your access to the Service.
9.3. Effect of
Termination. Upon termination:
(a)
Your right to access and use the Service will
immediately cease;
(b)
Any outstanding payment obligations will become
immediately due;
(c)
Any licenses granted under these Terms will
automatically terminate;
(d)
We may delete or retain your account data as
required by law or pursuant to our data retention policies.
10.1. Mandatory
Arbitration. Any dispute, controversy, or claim arising out of or relating
to these Terms or the Service shall be resolved exclusively through final and
binding arbitration, rather than in court, except that you may assert claims in
small claims court if your claims qualify.
10.2. Arbitration
Procedures.
(a)
The arbitration shall be administered by the
American Arbitration Association (“AAA”) in accordance with its Commercial
Arbitration Rules.
(b)
The arbitration shall be conducted in San
Francisco, California.
(c)
The arbitrator’s award shall be final and
binding on all parties.
(d)
The arbitrator shall have exclusive authority to
resolve any dispute relating to the interpretation, applicability, or
enforceability of these Terms.
10.3. Class
Action Waiver. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both
parties agree otherwise, the arbitrator may not consolidate more than one
person’s claims or otherwise preside over any form of a representative or class
proceeding.
11.1. Liability
Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY’S
AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE TOTAL
AMOUNT PAID BY YOU TO COMPANY IN THE THREE (3) MONTHS PRECEDING THE INCIDENT
GIVING RISE TO THE CLAIM.
11.2. Exclusion of
Damages. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION:
(a)
Lost profits or revenues;
(b)
Lost data or content;
(c)
Loss of goodwill;
(d)
Business interruption;
(e)
Personal injury or property damage;
(f)
Any other damages arising out of or in
connection with the use or inability to use the Service.
11.3. Basis of
Bargain. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
12.1. Choice of
Law. These Terms and any action related thereto shall be governed by the
laws of the State of California, without regard to its conflict of laws
provisions.
12.2. Jurisdiction.
Subject to the arbitration provisions above, any legal action or proceeding
arising under these Terms shall be brought exclusively in the federal or state
courts located in San Francisco County, California, and the parties hereby
consent to personal jurisdiction and venue therein.
13.1. No Backup
Guarantee. You acknowledge and agree that:
(a)
Company does not guarantee the backup of any
User Content or data;
(b)
You are solely responsible for maintaining
appropriate backup copies of all User Content and data;
(c)
Company shall not be liable for any loss or
corruption of User Content or data;
(d)
You should maintain backup copies of all
information you consider valuable independent of the Service.
13.2. Security
Measures. While we implement reasonable security measures, you acknowledge
that:
(a)
No data transmission over the Internet is
completely secure;
(b)
We cannot guarantee the security of data
transmitted to or from the Service;
(c)
Any transmission of data is at your own risk.
14.1. Shipping
Availability.
(a)
Items must be specifically marked as eligible
for shipping before bidding.
(b)
A twenty dollar ($20.00) surcharge applies for
shipping requests on items not marked as shipping-eligible.
(c)
Company reserves the right to refuse shipping
for any item at its sole discretion.
14.2. Handling
Fees. The following handling fees apply:
(a)
Boxed Items: Five dollars ($5.00) for the first
box, five dollars ($5.00) for each additional box (up to 24x24x24 inches);
(b)
Mailing Tube: Four dollars ($4.00);
(c)
Poly Mailer/Bubble Mailer: Two dollars ($2.00).
14.3. Non-Shippable
Items.
(a)
Items marked as “not shipping available” will
incur a twenty dollar ($20.00) surcharge if shipping is insisted upon;
(b)
Company assumes no liability for damage to
non-shippable items during transit;
(c)
Freight shipping requires prior written approval
and all arrangements are the buyer’s responsibility.
