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Welcome to the BidSlammer.com web site (the "Site"). This user agreement specifies the terms and conditions under which BidSlammer.com agrees to provide you with access to the Site. BidSlammer may amend this Agreement at any time. You are responsible for reviewing any changes. BidSlammer.com may add, delete, or modify features of the Site or Services at any time. This agreement was last revised on December 6, 2023.
Use of the Services is limited to those who can legally enter into contracts under the applicable law. This means that our services are not available to minors. Additionally, if your access to the Services has been suspended or terminated, you may not use them.
To use our Services, you need to complete a registration form on behalf of yourself or the organization, partnership, or legal entity that intends to utilize these Services. By accepting this Agreement, you confirm the following: a) You are at least eighteen (18) years old. b) If applicable, you have the authority to represent and legally bind the corporation, partnership, or legal entity that will be using the Services. You are responsible for providing up-to-date, accurate, and complete registration information, including your email address and credit card details. It is your obligation to regularly update this information to ensure its accuracy and completeness.
You are required to maintain the confidentiality of your usernames and passwords at all times. If you are a corporation, partnership, or another legal entity, you may authorize employees to use usernames and passwords, but it's essential to understand that you are fully responsible for all activities and charges associated with their usage. Allowing third parties to use the Services is strictly prohibited and constitutes a violation of this Agreement.
In the event of a security breach involving your account, you must promptly change your password and inform us using this link. Until you notify us of the security breach, you will be held responsible for any unauthorized use of the Services.
You agree to pay the current fees for using our Services and any relevant taxes that apply. All fees are denominated in U.S. Dollars. You can find detailed information regarding the fees in the Fee Schedule and Payment Terms, which are referenced and incorporated into this Agreement.
BidSlammer.com reserves the right to access, monitor, remove, or disable access to any of your auctions, bids, or eBay information ("Materials") at any time in its sole discretion.
By using the Services, you authorize BidSlammer.com to access Third-Party Marketplaces with which you have usage agreements, on your behalf, to retrieve and post information and materials necessary to provide the Services to you, and you hereby appoint BidSlammer.com as your agent for this limited purpose.
Other than Your Materials, all content included or available on the Site, such as advertisements, text, graphics, logos, button icons, images, audio clips and software, is the property of BidSlammer.com and/or third parties and is protected by copyrights, trademarks or other intellectual and proprietary rights.
Subject to the terms and conditions of this Agreement, BidSlammer.com grants a limited license to you to make personal use of the Site and the Services only for their intended purposes.
BidSlammer.com retains all right, title, and interest in and to its trademarks, service marks and trade names worldwide (collectively, the "Marks"). You shall only use BidSlammer.com's Marks with the express permission of BidSlammer.com and then only in the manner authorized. Under no circumstances may you alter, modify, or change BidSlammer.com's Marks.
Aside from other available remedies, we reserve the right to take immediate actions including issuing a warning, temporarily suspending, indefinitely suspending, or terminating your access to the Site and Services if you violate any terms of this Agreement or engage in actions that, in our sole judgment, could result in legal liability or claims against you, our users, or us.
In the event that BidSlammer suspends or terminates your access to the Site or Services, please be aware that you may no longer have access to Your Materials.
BidSlammer.com is committed to protecting your privacy and we will only use and disclose Your Materials in accordance with our then current Privacy Policy which is incorporated herein by reference.
BidSlammer does not, and cannot guarantee bid placement under all circumstances. BidSlammer attempts the correct bid placement by using all reasonable efforts using the existing authorizations that we have on file. If the authorization is not current, BidSlammer cannot perform actions on your behalf.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BidSlammer.com AND OUR SUPPLIERS OR DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. BidSlammer.com AND OUR SUPPLIERS OR DISTRIBUTORS SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION:
(D) WE DO NOT ALLOW PURCHASES OF ITEMS OVER $50,000 OR MORE.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BidSlammer.com AND OUR SUPPLIERS OR DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. BidSlammer.com AND OUR SUPPLIERS OR DISTRIBUTORS SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION:
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not fully apply to you. You may also have other legal rights which vary from state to state.
You acknowledge and consent to the fact that BidSlammer does not exercise control over, and is not accountable for, the information provided by other users that becomes accessible on the Site. As BidSlammer and our suppliers or distributors do not participate in transactions between our users or between our users and marketplace users, in the event of a dispute between you and another party, you hereby release BidSlammer (along with its agents, employees, suppliers, and distributors) from any claims, demands, and damages (both actual and consequential) of any nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising in any manner from or in connection with such disputes.
Under no circumstances will BidSlammer.com or our suppliers and/or distributors be liable for any indirect, incidental, punitive, or consequential damages, which may include, without limitation, loss of data, content, files, profit, or goodwill, or the expenses associated with obtaining substitute goods or services. Such damages can arise from or be related to this Agreement, the Site, the Services, the inability to use the Services, or result from any goods or services acquired or obtained, or messages received or transactions entered into through the Services.
The total liability of BidSlammer.com and our suppliers or distributors under this Agreement shall not exceed the value of the most recent payment, not exceeding $200. Please be aware that in certain states, limitations on liability may not be applicable to you.
You hereby agree to, at your own expense, indemnify, defend, and hold BidSlammer.com and our subsidiaries, referrals, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to:
BidSlammer.com will have the right to participate in its defense and hire counsel of its choice, at your expense.
BidSlammer.com shall provide notice to you via email to the email address you provide in your registration information. Such notice shall be deemed given 24 hours after it is sent, or earlier if actually received by you earlier. Alternatively, BidSlammer.com may choose to provide notice to you via certified or registered mail to the mailing address you provide in your registration information. In such case, notice shall be deemed given 3 days after the date of mailing. You shall provide notice to BidSlammer.com via email to this link, or a copy sent via certified or registered mail.
Notwithstanding the notice provisions above, you may terminate this Agreement at any time by sending us e-mail or submitting a ticket to our help system. Free portions of account balances are forfeited.
BidSlammer.com, in its sole discretion, may terminate this Agreement or suspend or terminate your access to the Site or the Services immediately without notice for any reason including, without limitation. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, general releases, limitations of liability, indemnity and the general provisions.
All sales are final except for product failure of BidSlammer systems or as otherwise described in this section. Registration issues, credit card issues, shipping bans, account blocks, hacks of the eBay site or service downtime at eBay are not considered failures of BidSlammer systems. You agree that you have read the section 8 in full regarding warranty disclaimers and online help regarding risks of sniping, and agree that BidSlammer does not, and can not guarantee bid placement under all circumstances, in part, because we cannot bypass or circumvent any issues where eBay themselves do not allow you to bid on certain items on their own site. We rely on, and are prohibited from bidding for you depending on authorizations made by you, your eBay status, your location, and listing configuration parameters specified by the seller. We maintain a full list of the circumstances where we cannot place bids on our site.
BidSlammer is not responsible for money or credit of any kind that might otherwise be obtained from sales of the item advertised on eBay. BidSlammer can furnish records back for sixty (180) days of the closing time of the auction.
BidSlammer will refund accidental double payments if the payment dates are within one week of each other. There are no refunds for purchases after 30 days. All claims for cash refunds must be submitted in writing as BidSlammer operators cannot access company funds. Please mail your request to BidSlammer ATTN: Refund Requests, 12407 Hwy 71 #320, Austin TX 78758.
This Agreement is not assignable, transferable, or sublicensable by you without prior written consent from BidSlammer.com, and any such conveyance shall be null and void. BidSlammer.com may assign this Agreement in whole or in part. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Texas State and U.S. federal courts having jurisdiction over the location of BidSlammer.com's principal place of business.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Headings are for reference purposes only and do not define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree and acknowledge that you are not entering into this agreement in reliance on any statements or representations other than those set forth herein.
Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
