Welcome to 7dollarbid.com's Online Auction (Hereinafter: "Site"). Any person who wishes to access the Site to bid for products on the Site must accept the terms and conditions of this User Agreement, without change. PLEASE REVIEW THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. If you do not agree to the terms and conditions set forth in this Agreement, you must not use this site or any of its services.
1. Introduction
1.1 7 Dollar Bid, LLC (Hereinafter: "Company") is an Oregon company,
which manages and implements private Auction, 7dollarbid, designed to make a
profit for the Company through the Internet.
1.2 The herein Users Agreement describes the "7dollarbid," which
is a unique and specialized Auction procedure (Hereinafter: "Auction")
and consists of the Company promoting invitations for Blind Bidding from
its Members on various products, accepting Bids, determining the Winning
Bid, delivery of the product to the Participant that submitted the Winning
Bid; all in accordance as described herein this Users Agreement.
1.3 Prior to participating in an Auction, Users must register and setup
a Member profile.
1.4 Before each Auction, the Company will determine the Minimum and Maximum
Bid Price for each Auction, Minimum Number of Bids. This price will be
displayed for each Auction.
1.5 Participants in the Auction will submit Bids in US Dollars and cents
and charge a Bid Coupon for each submitted Bid. Each Auction is independent
of all other Auctions and is for only one product and every Auction will
have an Auction number.
1.6 After the Auction closes, the Participant that submitted the Winning
Bid is determined. The Winning Bid is the Highest Unique Bid for the Auction
out of all Bids. A unique Bid is a Bid that is not identical to any other
Bid submitted in that Auction.
1.7 Once identified, the Winning Bidder (winner) in an Auction is offered
to purchase the product for the Winning Bid submitted by him/her in that
Auction, as described herein this Users Agreement.
1.8 After receiving payment from the Winner, the Company will deliver
the product or service via methods described herein this Users Agreement
to his/her address contained in the Member profile at the time the Bid
was submitted and accepted by the Company or acquired by the Company after
bidding closes – at the Company’s discretion.
2. Acceptance of Terms and Conditions
2.1 By using this site or by registering as a Member or by placing Bids
on this site or by clicking "I Agree" to this Users Agreement,
you (Hereinafter: "User") signify your agreement and acceptance
of these terms and conditions. If you do not agree to this agreement please
do not use this site and do not register as a Member and do not place
any Bids and do not click "I Agree". Please check this agreement
periodically for changes as the Company reserves the right to revise this
agreement and your continued use of this site following the posting of
any changes to this agreement constitutes acceptance of such changes.
The company reserves the right to terminate a User's use of the site at
anytime without notice and may do so for any breach of this agreement
or the instructions on this site by the User.
2.2 Users must be over 18 to agree to this user's agreement and register
as a Member and to use this site or place any Bids.
2.3 Upon your agreement to this Users Agreement, the Company hereby grants
you a non-exclusive, non-transferable limited license to use this site
in strict accordance with the terms and conditions in this Users Agreement
and as permitted via instruction on this site. You agree not to make any
false or fraudulent statements in your use of or to gain access to this
site. You acknowledge and agree that all images, ideas, intellectual property,
designs and services available on this site are the property of the Company
and its advertisers or licensors and are protected by copyrights, moral
rights, trademarks, service marks, patents, trade secrets, and intellectual
property rights and laws, in the U.S. and internationally. All rights
not expressly granted herein are reserved by the Company, its advertisers,
and licensors.
2.4 Except as may be explicitly permitted through use, you agree not to
download, cut and paste, sell, license, rent, lease, modify, distribute,
sell, reproduce, transmit, publicly perform, publish, adapt, edit or create
derivative works from concepts, code or content contained on this site.
Systematic retrieval of data or other content from this site to create
or reproduce directly or indirectly, intellectual, application, database
or directory information or contents without written permission from the
Company is prohibited. In addition to the above, any use of content or
materials developed by the company for any purpose not expressly permitted
in this agreement is prohibited.
2.5 You agree that if you are issued a User ID and Password by the Company,
you shall use your best efforts to protect and prevent access to this
site through your User ID and Password by anyone other than yourself,
including, but not limited to, keeping such information strictly confidential,
notifying the Company immediately if you discover loss or access to such
information by another party not under your control and supervision, and
by using a User ID and Password not easily guessed by a third party.
3. Auction Process & Rules
3.1 The Company will determine for each Auction the following details;
the product being offered in each Auction, the unique code defining each
Product, the stipulated price for each Auction, the Bid Coupons required
to participate in each Auction, the Maximum Number of Bids required before
the Auction can close, the " Retail Price " of the product being
offered.
3.2 Any valid Member has the right to submit a Bid and/or Bids through
the Company's Internet website (http://www.7dollarbid.com).
3.3 Members are required to maintain accurate information in their Member
profile. If inaccurate information or invalid billing information is submitted
the Participant's Bid(s) may be cancelled
3.4 The Company is not responsible for the inability to place a Bid for
any reason including the inability to access the website, and/or any other
technical difficulties of any kind.
3.5 Participants agree to charge the required Bid Coupons for every Bid
they place in an Auction. Participants buy these Bid Coupons through their
separate PayPal account (or other accepted payment methods as determined
by the Company) before the time the Bid is submitted.
3.6 Participants who submit credit card information represent warrant
and covenant that; the credit card information supplied is true, correct
and complete, and the charges incurred will be honored by the credit card
company. The Participant will pay such charges when due.
3.7 If an Auction is cancelled for any reason, as defined in this agreement,
the Members account will be credited with the appropriate quantity of
Auction Bid credits.
3.8 Bids entered by a Participant must be between the Minimum (always
$0.01) and Maximum (82% - 93% off retail price) Bid price set by the
Company for each Auction item and must be submitted in US dollars and
cents.
3.9 There is no limit to the number of bids a Participant can submit in
an Open Auction as long as the required Bid Coupons are charged for each
Bid.
3.10 Every Accepted Bid will be assigned a unique Bid Code when confirmed.
The Member will receive Confirmation E-mail with their Bid code, which
will be sent to the e-mail address in the Members profile. The Member
has 24 hours from the time the Confirmation E-mail is sent to verify the
validity and correctness of the Bid and dispute any discrepancies. After
the 24-hour verification period, the Bid will be considered a valid submission
of a Bid and acceptance of the conditions set forth in this Users Agreement
and the Member that submitted the Bid will be considered a Participant
in the Unique Auction in which they submitted the Bid(s).
3.11. In any event where a Participant or Member claims that there is
an inconsistency between the submitted Bid and the Bid as accepted by
the Company, the details of the Bid as accepted by the Company in the
Confirmation E-mail will be binding. In such a case, the Participant will
not have any cause to claim that their Bid should have been chosen as
the Winning Bid for a specific Auction and the Company will not be held
responsible for any such inconsistencies.
3.12 Failure to notify the Company pursuant to the terms herein this Users
Agreement, of any inconsistencies regarding a Participant's Bid by within
72 hours from the time the Auction becomes a closed Auction shall constitute
acceptance of the outcome of the Auction by the Participant.
3.13 When Auction Period is over, the Auction becomes a Closed Auction.
Once an Auction closes, the Winning Bidder will be determined and be given
the right to purchase the product at the price defined by their Winning
Bid. The Company will pay all taxes and shipping expenses within the contiguous 48 states, unless otherwise
stated in the Auction's details. If a Participant fails to pay the Winning
Bid amount, as defined in this Users Agreement, they will forfeit the
right to purchase the product and/or service.
3.14 Participants have the right to cancel their purchase of a product
if their Bid is chosen as the Winning Bid. If a Participant chooses to
cancel their right to purchase a product they may request in written mail.
Bid Coupons will not be refunded. The company reserves the right to re-offer
cancelled or forfeited products in a new Auction at its sole discretion.
4. Registration
4.1 A user must register as a Member of the site and agree to the terms
of this User Agreement Before being eligible to participate in an Auction.
4.2 A user must be 18 years of age or older and have a valid credit card
or alternate method of payment prior to participating in an Auction. A
user must be lawfully capable of entering into and forming contracts under
applicable law in order to use this Site.
4.3 Each individual user may register only once. If it is determined that
the same user has registered with multiple identities, the Company may
at its sole discretion cancel that users Bids in all Auctions.
4.4 A user will be required to submit their home or shipping address,
e-mail address and phone number. All user information will be held in
strict confidence in conjunction with the sites' privacy policy. 7dollarbid.com
DOES NOT SHARE ANY USER INFORMATION with outside sources, other than those
that are required to conduct the Auction and process payments as defined
herein this Users Agreement.
4.5 Upon registering with the website a user will be required to select
a unique User ID and Password. The user agrees that once issued a User
ID and Password by the Company, they will use their best efforts to protect
and prevent access to this site through their User ID and Password by
anyone other than the user.
4.6 A user may change any information associated with registration, such
as User ID, password or e-mail address, by using Update My Profile under
My Page at 7dollarbid.com.
4.7 Users agree to provide factual and accurate information during registration
and authorize, if their Bid is selected as the Winning Bid. Certain information
from their Member profile may be posted on the website in accordance with
the Company's privacy policy.
5. Bids and Bid Coupons
5.1. Participants will be charged Bid Coupons for every Bid they submit
in an Auction (i.e.: a Participant that submits five Bids for a specific
Auction will be charged five (5) Bid Coupons: one for every Bid placed),
which must be charged even if the Participant's Bid(s) is not selected
as the Winning Bid in the specified Auction.
5.2 All Accepted Bids will be confirmed with Confirmation E-mail, receive
a Bid Code, and will be charged the required Bid Coupons.
5.3 The Company will determine the price of Bid Coupons that must be paid
by a Member in order to participate in an Auction and the Company may
at its sole discretion adjust the Bid Coupons required.
5.4 Bids not meeting the requirements of acceptance will not be accepted,
and the Participant will not be charged Bid Coupons for that particular
Bid and that Bid will not be considered in an Auction. The Company is
not obligated to receive or accept any Bids from any person(s) and/or
third party who wish to place a Bid in an Auction.
6. Process for Closing an Auction and selecting the winning
bidder (Winner)
6.1 Auctions will close at the time and date designated by the Company.
All closing times will be Eastern Standard Time (EST).
6.2 Once an Auction closes, the Winning Bidder (Winner) will be determined
via the following steps:
1) All Bids will be verified. Any unqualified or unaccepted Bids will
be disqualified.
2) All unique Bids will be identified.
3) The Winning Bid will be determined as the Highest Unique Bid.
4) If there is no unique bid, the next lowest number of bids with the
highest bid price will be selected, and the Winning Bid will be awarded
to the bidder who first places the highest bid.
6.3 WITHIN THREE (3) BUSINESS DAYS from the close of an Auction, the Company
will publicize on its website and/or via alternate methods, as deemed
appropriate by the Company, the Winning Bid for the Auction. This notification
will include the Winning Bid, the total number of Bids accepted for the
Auction, and any other details or information the Company deems appropriate
including the Participants user ID, last name, likeness and/or state of
residence.
6.4 The Winning Bidder may submit to the Company, and release the rights
for use, a picture or digital image showing them with the product and/or
service purchased in the Auction, which the Company may publicize in the
Winner Interview as described above.
6.5 The Winning Bidder will be notified via e-mail. If the Company is
unable to contact the Winning Bidder via e-mail WITHIN FIVE (5) BUSINESS
DAYS, the Company may at its sole discretion and has the right to notify
Winning Bidders via telephone, standard mail or any other means that it
deems necessary and appropriate.
6.6 The amount of the Winning Bid will be billed to the Winning Bidder.
Each Winning Bidder will pay the full payment for the Winning Bid price
with cashiers check or money order payable to 7dollarbid, LLC, or via
PayPal account when the Company deems method acceptable. All payments
must be made in U.S. funds drawn on a U.S. bank.
6.7 The Winning Bidder must complete the final payment transaction within
fourteen (14) business days of the Auction becoming a Closed Auction.
The transaction will be considered complete when the Company has received
full payment for the Winning Bid amount.
6.8 If the Winning Bidder fails to submit full payment in the amount of
the Winning Bid within the designated time period, they will forfeit the
right to purchase the product and/or service. In such a case, the Company
reserves the right, but is not obligated, to award the Winning Bid to
the next lowest Unique Bid for that Auction, or the Company may re-offer
the forfeited products and/or services in a new Auction, at its sole discretion.
7. Delivery Policy of Products and Product warrantees
7.1 The delivery and/or supply of a product offered in an Auction is dependant
on all conditions as stated in this Users Agreement being met. Delivery
and/or supply of the product to the Winning Bidder will NOT take place
until the entire amount of the Winning Bid is collected.
7.2 The product, a certificate, or other means of entitlement that allows
the Winning Bidder to receive the offered product will be shipped to the
address that was provided by the Winning Bidder in their Member profile
at the time their payment was submitted.
7.3 The Company will determine the method of delivery at its sole discretion
and such delivery shall completely fulfill the Company's obligation to
supply the product to the Winning Bidder.
7.4 The Winning Bidder may not make any claim nor file any complaint against
the Company with regards to not receiving a product offered in an Auction,
because of, but not limited to, a change of shipping address as submitted
by the Winning Bidder and/or by providing an incorrect and/or inaccurate
address.
7.5 The Company will deliver or arrange the delivery of the product, a
certificate, or other means entitling the Winning Bidder to receive the
product at a agreed upon location within fourteen (14) business days,
from the day that Winning Bidder meets the requirements for product delivery
as described herein this Users Agreement, unless otherwise stated by the
Company.
7.6 The Winning Bidder authorizes the Company to extend the delivery date
for any reason that is outside of the Company's control or responsibility
and/or for any reason that relates to third parties including suppliers
and delivery agents.
7.7 The Winning Bidder may be obligated to produce two forms of personal
identification, one of which must include a photo, (such as a state driver's
license, passport, credit card, etc.) which correspond to the Winning
Bidders personal information, as submitted in their Member profile at
the time of the placement of the Winning Bid, to verify their identity.
If the Winning Bidder does not or refuses to provide this information,
the Company and its delivery agents will not be required to release and/or
supply to the Winning Participant the product and/or service until such
information is provided.
7.8 Shipping and/or delivery fees will be paid by the Company within the contiguous 48 states, unless otherwise
stated in the Auction or negotiated.
7.9 The Company will not be held responsible for nonessential differences
between the descriptions publicized by the Company in an Auction and the
actual products that are provided. The term "nonessential differences"
refers to inconsistencies that do not change the general purpose of the
product. If the description of a specific product differs essentially
from the actual product delivered, the Winning Bidder, will have the right
to accept the product as is or cancel the Winning Bid and receive a refund
of all fees and payments that were billed for that Auction and this will
be the sole claim of the Participant against the Company.
7.10 The distributors, manufacturers, and/or providers of the products
offered in an Auction will distribute the product offered in the Auction
to the Winning Bidder as directed by the Company.
7.11 The Company makes no representations or warranties as to any of the
products and/or services provided in the Auction and no claims may be
made against the Company based upon the products provided.
7.12 All product warrantees will be provided (if provided) by the actual
distributors, manufacturers, and/or providers of products and/or services.
No claims may be made against the Company for defective products and or
services.
8. Bid Cancellation and Refund Policy
8.1 The Winning Bidder of an Auction shall be entitled to cancel the purchase
of the product after the Auction becomes a Closed Auction, at their sole
discretion, by writing to the Company. The Winning Bidder, in so doing
will forfeit the right to purchase the product. Bid Coupons will not be
refunded. The Company reserves the right, but is not obligated, to award
the Winning Bid to the next lowest Unique Bid for that Auction, or the
Company may re-offer the forfeited products and/or services in a new Auction,
at its sole discretion
8.2. If an Auction is cancelled for any reason, as defined in this agreement,
the Members account will be credited with the appropriate quantity of
Bid Coupons. c. No confirmed and Accepted Bids may be cancelled and/or
refunded unless they meet the conditions described herein this users agreement
8.3 If a Member receives Confirmation E-mail and believes the Bid was
placed fraudulently, they have twenty-four (24) hours from the time the
Confirmation E-mail is sent to contest and/or cancel the Bid.
8.4 No Bid Coupons will be refunded once an Auction closes and the Winning
Bid is announced. Under special and uncontrollable circumstances and/or
for cases of fraud, the Company may, at its sole discretion, take into
consideration requests for Bid cancellations and refunds. Special requests
for bid cancellations MUST be submitted to the Company in writing and
clearly describe the conditions warranting such cancellation and refund.
If the Company accepts a cancellation request the Participant may receive
a refund of their Bid Coupons.
8.5 No Accepted Bids may be cancelled and/or refunded unless they meet
the conditions expressly described herein this Users Agreement.
9. Auction Period and Conditions for Cancellation
9.1 Once opened, an Auction will remain an Open Auction for a defined
period from the time the Auction is opened.
9.2 The Company is entitled to cancel or delay an Auction, in the event
of extraordinary circumstances not within the control of the Company,
which may cause delay or prevent the proper process of the Auction, prevents
the Auction from being conducted properly.
9.3 The Company has the right to cancel an Auction and/or a Bid, if the
Company suspects that the Bid was not submitted in good faith and/or with
intention to deceive and/or in any case where the Company suspects ill
and/or illegal use of a credit card. In no event shall the Company be
held responsible for any purchases made with illegal use of a credit card.
9.4 If an Auction is cancelled, the Company will refund the Bid Coupons
to the Participants within seven (7) business days from the date the Auction
was cancelled.
9.5 The above shall not prejudice any right and/or claim the Company may
have towards a third party.
10. Privacy Policy
10.1 The Company is committed to protecting the member's privacy. See
the Privacy Policy, which is incorporated by reference into, and made
part of, this Agreement.
10.2 The Company may change the Privacy Policy in the future. You should
check the Privacy Policy frequently for changes. Except as authorized
herein and unless otherwise authorized or consented, you agree not to
use any information regarding other participants, which is accessible
from the Site or disclosed to you by the Company except to enter into
and complete transactions.
10.3 You agree not to use any such information for purposes of solicitation,
advertising, unsolicited e-mail or spamming, harassment, invasion of privacy,
otherwise objectionable conduct or otherwise inconsistent with privacy
policy.
11. Illegal Activity
11.1 The Site only may be used for lawful purposes and in a lawful manner.
User agrees to comply with all applicable laws, statutes and regulations
regarding use of the Site.
11.2 User may not register under a false name or use an invalid or unauthorized
credit card.
11.3 User may not make bids under a false name, impersonate any participant,
or use another participant's password(s). Such fraudulent conduct is a
violation of federal and state laws.
11.4 Fraudulent conduct may be reported to law enforcement, and the Company
will cooperate to ensure that violators are prosecuted to the fullest
extent of the law.
11.5 Without limiting other remedies, the Company may immediately issue
a warning, temporarily suspend, indefinitely suspend or terminate membership
and refuse to provide services to user: (a) if user breaches this Agreement
or the documents it incorporates by reference; (b) if the Company is unable
to verify or authenticate any information User provided to the Company;
or (c) if the Company believes that User actions may cause legal liability
for other users or the Company.
12. Legal Disclaimers
12.1. IN NO EVENT, OR AS PERMITTED BY APPLICABLE LAW, SHALL 7 Dollar Bid, LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR INVESTMENT PROFITS, LOSS OF
BUSINESS OR PERSONAL ASSETS, LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION,
OR ANY AND ALL OTHER LOSS WHICH RESULTS FROM YOUR USE OF THIS WEBSITE,
OR ANY INFORMATION OR INTERNET LINKS OBTAINED, ACCESSED, DOWNLOADED, COPIED,
OR CALCULATED, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, DELAY IN, OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION
OR INTERNET LINKS ACCESSED, OBTAINED, DOWNLOADED, COPIED, OR CALCULATED
AND WHETHER ATTRIBUTABLE TO ERRORS, OMISSIONS, DAMAGES, INFECTED, NEGLIGENT
OR INTENTIONAL INACCURACIES OF ANY INFORMATION OR INTERNET LINKS, WHETHER
OR NOT THE PARTIES MAINTAINING THIS WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE, AND WHETHER SUCH RELATED CLAIM(S) ARE BASED IN CONTRACT,
TORT, CIVIL, OR OTHERWISE. THE PARTIES MAINTAINING THIS WEBSITE SHALL
NOT BE LIABLE OR RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES
YOUR OR ANYONE ELSE'S COMPUTER SYSTEM, PROGRAMS, OR DATA.
12.2 7 Dollar Bid, LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILTY OR FITNESS
FOR A PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY DATA CONTAINED
ON THIS WEBSITE AND/OR ANY PRODUCT DESCRIBED OR PROMOTED ON THIS WEBSITE,
INCLUDING WARRANTIES WITH RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT,
OR OTHER RIGHTS OF THIRD PARTIES.
13. General Provision
13.1 Details of Bids submitted by Participants are kept in strict confidentiality
until the closing of the Auction. Only the Auditor and supervisor will
be entitled to observe the different Bids while an Auction is an Open
Auction. All Auctions are under the supervision of an Auction supervisor.
13.2 The Company will not be held responsible for the use of Bid details
and/or other information given by Participants when submitting Bids, including
through the Internet website of the Company, by parties that are not the
Company and/or its employees, including hackers and/or parties that may
penetrate the files of the Company's website.
13.3 This Agreement shall be governed by and in accordance with the laws
of the State of Oregon. In the event that a dispute arises as to enforcement,
interpretation or implementation of this Agreement, the parties herein
consent to personal jurisdiction in the State of Oregon and venue in the
United States District Court.
13.4 In the event that one or more of the provisions or portions of the
provisions of the herein Agreement is declared, invalid, void, illegal
or unenforceable, in any respect, the validity, legality and enforceability
of the remaining provisions or portions of the provisions contained herein
shall remain effective and binding, and shall not be affected or impaired
thereby.
13.5 The Company is not the agent, fiduciary, trustee or other representative
of you. 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 Agreement. This 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 the Company and Members
13.6 The Company's failure to enforce the strict performance of any provision
of this Agreement will not constitute a waiver of the Company's right
to subsequently enforce such provision or any other provisions of this
Agreement
We may at any time, at our sole discretion, update and revise this User Agreement by posting an amended User Agreement on this Site. Please check this page periodically for changes to the User Agreement. The Company further reserves the right to change any of the policies or guidelines referenced herein by posting revised versions of such policies or guidelines on the Site. This Agreement was Last Revised on October 26, 2004
14. Notices
14.1All notices to the Company must be sent in writing and by registered/certified
mail return receipt requested only to 7 Dollar Bid, LLC, 29030 SW Town Ctr.
Loop E. Suite 202 - #217, Wilsonville, OR 97070-5499. This in no way obligates
the Company to discuss any claim or respond to any claims. If no claim regarding
a Bid, Auction, or its outcome is received by the Company, in writing, within
72 hours of the Auction closing, total acceptance of the results is assumed.
14.2Users may receive a copy of the Users Agreement on the Internet web site:
http://www.7dollarbid.com.
Appendix A: Definitions
a. "Accepted Bid" is a valid Bid in which the Bidding Fees have
been paid in accordance with this Users Agreement.
b. "Bid" is an offer submitted by a Participant, in an Open Auction, that does not exceed the maximum bid price set for that particular Unique Auction and meets the rules as defined in this Users Agreement to be considered a Bid.
c. "Bidding Fees" are fees charged to the credit card or paid via other accepted payment methods, for every Bid placed by a Participant in an Auction. Bidding Fees are charged to the Participant for each Bid placed by them, at the time the Bid is placed, in a Unique Auction, whether their Bid was successful or not. The company may charge different Bidding Fees for separate Auctions from time to time, according to the company's discretion
d. "Blind Bid" is a Bid for an Active Auction in which the Participant does not have knowledge of any Bids placed by other Participants in the Auction.
e. "Free Auctions" are Auctions in which a Participant uses Free Auction Credits to participate rather than paying Bidding Fees. In order to participate in a Free Auction a Participant must have a Free Auction Credit.
f. " Free Auction Credit" is a credit earned by a Member that allows them to participate in a Free Auction. Free Auction Credits are distributed by the Company at its sole discretion as set forth in this Users Agreement.
g. "Closed Auction" is an Auction for a product and/or service that has ended by receiving the Maximum Number of Bids for the Auction or the Auction has met the criteria to end as set forth by the Company in this Users Agreement.
h. "Confirmation E-mail" a message e-mailed to a Participant in an Auction that confirms the Participants Bid in an Auction. If a Participant does not contest the validity of a Bid within 24 hours of being placed, or before the Auction closes, the Company will consider it a correct and valid Bid, and authorized by the Member.
i. "Duplicate Bid" is a Bid submitted by a Participant in a Unique Auction where another Participant(s) has submitted a Bid(s) for the identical amount. Duplicate Bids are used to calculate the number of Bids required to close an Auction but are disqualified from being selected as the Successful Bid as defined in this Users Agreement. (For example: If Participant "A" Bids $12.82 in a Unique Auction and Participant "B" subsequently submits the identical Bid of $12.82 in the same Unique Auction, the Bids will be classified as Duplicate Bids and will be excluded from being selected as the Successful Bid.)
j. "Maximum Bid" price is the maximum price that a Participant can Bid in a Unique Auction. The " Maximum Bid " price will be set by the Company, at its sole discretion, prior to opening the Auction and will be posted on the Auction information page, and the Auction Bidding pages for each Unique Auction.
k. "Main Auction" is an Auction where Participants are charged Bidding Fees for each Bid placed in that Auction.
l. "Main Auction Credits" are credits distributed by the Company, at its sole discretion as set forth in this Users Agreement, which may be used to pay Bidding Fees required to participate in an Auction.
m. The "Maximum Number of Bids" is the greatest number of Bids that can be submitted for each Unique Auction. The Maximum Number of Bids will be determined by the Company prior to opening the Auction, and will be publicized by the Company on the Auction information pages, and the Bidding page for each Auction. Once established the Maximum Number of Bids for an Auction may not be raised.
n. "Member" is a person, 18 years of age or older, with a valid credit card or accepted method of payment, or a business entity qualified to do business within a particular jurisdiction, with a valid credit card or accepted method of payment who has completed the Membership form, agreed to the terms of this Users Agreement and the web site, and has been accepted by the Company after completing their member profile.
o. The "Minimum Number of Bids" is the least number of Bids that must be received in order for an Auction to be eligible to close. The Minimum Number of Bids to close an Auction will be determined by the Company prior to opening the Auction and is strictly confidential. The Minimum Number of Bids to close an Auction will always be equal to or lower than the Maximum Number of Bids for each Unique Auction. The Company reserves the right to change the Minimum Number of Bids to close an Auction at any time.
p. "Open Auction" or "Active Auction" is a Unique Auction for a specific product and/or service, that has not met the maximum number of Bid to close the Auction, in which Participants can submit Blind Bids, and has not been cancelled as set forth in this Users Agreement
q. "Participant" a Member that submits a Bid, which is accepted, in an Open Auction.
r. "Promotion Code" is a designator that identifies the user's desire for the proceeds from their Bids to go to a particular fund raising event or organization.
s. "Successful Bid" is the highest Accepted Bid with the highest unique value submitted by a Participant in a specific Unique Auction. All Duplicate Bids WILL NOT be considered as the Successful Bid.
t. "Successful Participant" is the Participant that submitted the Successful Bid and paid the appropriate Bidding Fees.
u. "Successive Auction" is a new Auction that is automatically opened, with the identical properties as the original Auction, when Participants are in the process of Bidding in the original Auction and the original Auction has subsequently received the Maximum Number of Bids during this time. It is offered immediately upon the preceding Auction closing and allows Participants in the process of Bidding on an Auction to participate in an identical Auction for the same product and/or service.
v. "Suggested Retail Price" or "SRP" is the price supplied to the Company by our partners and/or distributors. The SRP is typically equal to the Manufacturers Suggested Retail Price (MSRP) for a particular product and/or service, though the Company does not warrant that the SRP will always be equal to the MSRP.
w. "Unique Auction" or "Auction" is an Auction as set forth in this Users Agreement and has a unique code to identify it.
x. "Auditor" the accounting offices shall audit the Auctions and other transactions as described herein.