15.1. Indemnification
Obligation. You agree to defend, indemnify, and hold harmless Company, its
affiliates, officers, directors, employees, agents, licensors, and suppliers
from and against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses, or fees (including reasonable attorneys’ fees) arising out of
or relating to:
(a)
Your violation of these Terms;
(b)
Your User Content;
(c)
Your use or misuse of the Service;
(d)
Your violation of any third-party rights;
(e)
Your violation of any applicable laws, rules, or
regulations.
15.2. Cooperation.
Company reserves the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate in asserting any available defenses.
16.1. User
Representations. You represent and warrant that:
(a)
You have the legal capacity and authority to
enter into these Terms;
(b)
Your use of the Service will comply with all
applicable laws, regulations, and ordinances;
(c)
Any information you provide in connection with
the Service is true, accurate, and complete;
(d)
You are not located in a country subject to a
U.S. government embargo or designated as a “terrorist supporting” country;
(e)
You are not listed on any U.S. government list
of prohibited or restricted parties.
16.2. Disclaimer
of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE AND ALL
CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
17.1. Buyer
Responsibility. Buyers are solely responsible for:
(a)
Verifying all information related to items
before bidding;
(b)
Inspecting items during designated preview
periods;
(c)
Understanding item conditions and potential
value;
(d)
Making independent determinations regarding
authenticity and value;
(e)
Seeking clarification on any unclear item
details prior to bidding.
17.2. Payment
Completion.
(a)
All payments must be completed by 3:00 PM on
Saturday following the auction unless prior written arrangements are made;
(b)
Declined payment methods will result in items
being awarded to the next highest bidder or relisted;
(c)
Cash payments made after 3:00 PM do not qualify
for buyer’s fee discounts.
17.3. Unclaimed
Items.
(a)
Items not picked up within fourteen (14) days
will be donated or relisted without further notice;
(b)
No refunds will be provided for donated items;
(c)
Company reserves the right to dispose of
unclaimed items in any manner it deems appropriate.
18.1. Severability.
If any provision of these Terms is found to be unenforceable or invalid under
any applicable law:
(a)
Such unenforceability or invalidity shall not
render these Terms unenforceable or invalid as a whole;
(b)
Such provision shall be deleted without
affecting the remaining provisions herein;
(c)
A valid provision that most closely matches the
intent of the invalid provision shall be substituted.
18.2. Interpretation.
These Terms shall be interpreted and construed according to their fair meanings
and not strictly for or against either party regardless of which party drafted
or was principally responsible for drafting these Terms or any specific term or
condition hereof.
19.1. Force
Majeure Events. Neither party shall be liable for any failure or delay in
performance under these Terms (other than for delay in the payment of money due
and payable hereunder) arising out of a cause beyond its reasonable control
including but not limited to:
(a)
Acts of God or public enemies;
(b)
War, invasion, hostilities, terrorism, or civil
disorder;
(c)
Strikes, work stoppages, or other labor
disputes;
(d)
Epidemics, pandemics, or quarantines;
(e)
Embargoes or blockades;
(f)
Natural disasters or extreme weather events;
(g)
National or regional emergencies;
(h)
Power, telecommunications, or Internet failures
or limitations;
(i)
Acts of governmental authorities.
20.1. Delivery
of Notices. All notices and other communications given or made pursuant to
these Terms shall be in writing and shall be deemed effectively given:
(a)
Upon personal delivery to the party to be
notified;
(b)
When sent by confirmed electronic mail if sent
during normal business hours of the recipient;
(c)
Three (3) days after having been sent by
registered or certified mail, return receipt requested;
(d)
One (1) business day after deposit with a
nationally recognized overnight courier.
20.2. Contact
Information. All notices to Company shall be directed to:
BidMoreAuctions
9636 N BizTown Loop
Hayden, ID 83835
Email: info@bidmoreauctions.com
21.1. Integration.
These Terms, together with any additional terms, policies, or agreements
incorporated by reference:
(a)
Constitute the entire agreement between you and
Company regarding the Service;
(b)
Supersede all prior and contemporaneous
understandings, agreements, representations, and warranties;
(c)
May only be amended in writing signed by both
parties or through the modification process described herein.
21.2. No Waiver.
No failure or delay by either party in exercising any right under these Terms
shall constitute a waiver of that right. No waiver under these Terms shall be
effective unless made in writing and signed by an authorized representative of
the party being charged with such waiver.
