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User Agreement

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 by posting the amended terms and conditions on the Site. You are responsible for reviewing and becoming familiar with any changes. BidSlammer.com, in its sole discretion, may add, delete, or modify some or all of the features of the Site or Services at any time. This agreement was last revised on January 15, 2009.

1. Eligibility and Registration

Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. Further, the Services are not available to parties whose use of the Services has been suspended or terminated.

To use the Services, you must submit a complete registration form on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using the Services. You shall provide current, complete and accurate registration information (including email address and credit card information), and then update the information as required to keep the registration information current, complete and accurate.

2. Passwords and Security

You shall at all times maintain the confidentiality of your user names and passwords. If you are a corporation, partnership or other legal entity, you may allow employees to use user names and passwords, provided that you are responsible for all activity and all charges by such employees. Permitting use of the Services by a third party is prohibited and is a violation of this Agreement. If there is a breach of security through your account, you must immediately change your password and also notify us at this link. You will be liable for any unauthorized use of the Services until you notify us of the security breach.

3. Fees and Payment Terms

You agree to pay the then current fees associated with using our Services and all applicable taxes. All fees are in U.S. Dollars. The fees are set forth in the Fee Schedule and Payment Terms, which are incorporated by reference. You agree to be charged a $20 account handling fee for returned checks, account transfers, or other account-related issues which require more than 15 minutes of attention.

BidSlammer charges an $8 per year minimum use fee for unused accounts.

4. User Conduct

  1. You agree to comply with all applicable laws, statutes, ordinances and regulations related to use of the Services. You may not use our Services engage in fraud or other illegal activity, or to infringe the intellectual property rights of others.
  2. You agree to comply with the terms and conditions of all agreements you have with third parties as such terms and conditions relate to use of the Services.
  3. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or limits our ability to provide the Services. You agree that you will not collect, copy, reproduce, alter, modify, create derivative works, or publicly display any content or information from the Site without the prior expressed written permission of BidSlammer.com or the appropriate third party. You agree that you will not use any robot, spider, or other automatic device or routine to access or interface with the Site.

5. Your Personal Information, and Third-Party Intellectual Property

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.

6. Suspension and Termination

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Site and Services if you breach any of the terms of this Agreement or if you take any actions that, in our sole judgment, may cause legal liability for or claims against you, our users, or us. In the event BidSlammer.com suspends or terminates your access to the Site or Services, you acknowledge that you may be denied any further access to Your Materials.

7. Privacy

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.

8. Warranty Disclaimer

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:

(A) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

(B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BidSlammer.com OR OUR SUPPLIERS OR DISTRIBUTORS.

(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.

9. General Release

YOU ACKNOWLEDGE AND AGREE THAT BidSlammer.com DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR INFORMATION PROVIDED BY OTHER USERS WHICH IS MADE AVAILABLE ON THE SITE. BECAUSE BidSlammer.com AND OUR SUPPLIERS OR DISTRIBUTORS ARE NOT INVOLVED IN DEALINGS BETWEEN OUR USERS OR BETWEEN OUR USERS AND MARKETPLACE USERS, IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER PARTY, YOU RELEASE BidSlammer.com (AND ITS AGENTS AND EMPLOYEES, SUPPLIERS AND DISTRIBUTORS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES."

10. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL BidSlammer.com OR OUR SUPPLIERS AND/OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT, FILES, PROFIT OR GOODWILL, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. THE AGGREGATE LIABILITY OF BidSlammer.com AND OUR SUPPLIERS OR DISTRIBUTORS UNDER THIS AGREEMENT SHALL NOT EXCEED THE VALUE OF THE MOST RECENT PAYMENT (NO HIGHER THAN $200). Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

11. Indemnity

You hereby agree to, at your own expense, indemnity, 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 (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to the Site; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against BidSlammer.com arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or BidSlammer.com's provision, of the Services or use of your account by any third party. BidSlammer.com will have the right to participate in its defense and hire counsel of its choice, at your expense.

12. Notices

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.

13. Termination

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.

14. Payment and Refunds

BidSlammer will refund accounts for situations where BidSlammer services failed to place a bid. You have read the section 9 in full regarding warranty disclaimers, and the posted Risks of Sniping, and agree that BidSlammer does not, and can not guarantee bid placement under all circumstances because we rely on user credentials on file such as your eBay userid and password. BidSlammer attempts the correct bid placement and e-mail delivery by using all reasonable efforts using the existing credentials on file. If the credentials are not correct, BidSlammer will still attempt to place the bid regardless of any problems with credentials or buyer strikes on the account, registration issues, credit card issues, shipping bans, and account blocks, and failure to win items for this reason are not considered a failure of BidSlammer systems.

BidSlammer will refund accidental double payments if the payment dates are within one week of each other. 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.

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.

15. General

This Agreement is not assignable, transferable or sublicensable by you without BidSlammer.com's prior written consent, 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 within their jurisdiction 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 in no way 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.