Bido Service Agreement
1. Bido.com LLC ("Bido") Service Agreement Overview
The following User Agreement (the "Agreement") contains the terms and conditions for the use of our transaction system known as the "Platform". This Agreement may change from time to time in Bido's sole discretion to the extent eligible by law, and Users agree to review this Agreement periodically and before sessions to utilize the Bido service. By submitting your registration, you agree to the terms and conditions contained below in this User Agreement. This Agreement is by and between Bido, a Switzerland Limited Liability Company, and you, your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Platform (the "Service") and explains Bido's obligations to You, and Your obligations to Bido.
This Agreement, along with any other or additional Bido policies applicable to the Service, as well as any modifications that may be made hereto, constitutes the complete and exclusive agreement between You and Bido relating to the Service. With respect to the Service, this Agreement supersedes all prior proposals, agreements, or other communications; provided that all Bido policies and agreements specific to use of Bido's other services and web sites shall apply or continue to apply with respect to such other services and/or web sites.
You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions, or policies which Bido may establish from time to time.
In addition, You agree to be bound by the terms and conditions of this Agreement with respect to any use and/or transactions undertaken on Your behalf, by anyone acting as Your agent, or otherwise using Your account, whether or not the transactions were in Your behalf. You acknowledge that Bido's acceptance of any request for price information and/or Bido's ratification of any sales contract, transfer agreement, or other contract related to the use of the Service will take and/or is deemed to have taken place at Bido's offices located in Switzerland.
This Agreement may be updated by Bido at any time in Bido's sole discretion. The amended Agreement will be posted on the Service website (the "Site"). Continued use of the Service after such updates shall signify Your agreement to be bound by such revised terms. Acceptance of this Agreement requires You to abide by the User Guidelines and any other Bido policies (the "Guidelines"), which explain the Site rules, as well as acceptable and unacceptable conduct by users. If You do not accept this Agreement, You are prohibited from using the Service.
2. Requirements for Usage & Registration
The use of the Service is limited to parties who can enter into and form legally binding contracts under applicable law. Minors and those under the age of 18 are prohibited from using the Service. Users must provide truthful and accurate information when registering, as registration indicates acceptance of this Agreement. Bido reserves the right to refuse use of the Service to anyone at any time for any reason without notice.
3. Use of Bido's Site and Service
Prohibited Use: Bido only permits use of the Service by registered users. You may not engage in any data mining, attempt to access or interfere with another user's account or use of the Service, manipulate any portion of the Service, exceed Your limited access to the Service permitted by Bido, or take any other action which is not expressly permitted in this Agreement or the Guidelines.
4. Account Termination
Bido may terminate Your account at any time for any reason without notice or explanation.
5. Bids, Offers, & Purchasing of Domains
Buyers and Sellers (each as defined below) making bids and offers must honor all Accepted Offers, Accepted Bids, and/or Reserve Met bids placed on any transaction, and are obligated to complete the transaction with Bido or the respective Buyer or Seller. An "Accepted Offer" is defined as either (1) the offer accepted by the Buyer or Seller (as applicable) in a regular transaction (i.e., a transaction that does not list a "Buy Now" price), (2) the first offer made by a Buyer that meets the Buy Now price, as indicated on the Site. (Please see below for further information regarding "Buy Now" pricing), (3) a Winning Bid or, in the case of Reserve Not Met auctions, a Selected Bid placed on any Auction within 24 hours. By making any bid or offer, the Buyer agrees to honor all listed terms of sale including, but not limited to, method of payment, third party domain transfer fees(if applicable), and any related service fees for the transfer of the item being purchased. Failure to honor this obligation may result in the termination of the Buyer's registration, as well as financial penalties and charges.
Bid and Offer Retraction: Offers and/or Bids are not retractable except under circumstances deemed appropriate by Bido, at Bido's sole discretion. Possible examples include instances when Bido makes material changes to the description of an item, or when blatant typographical errors are present.
Users making Offers and/or Bids agree to complete an agreed transaction within
10 business days of receiving an Accepted offer, or the auction closure. Bido has the right (without
limiting its other rights or remedies) to cancel any offer, or offer in process,
at any time, if either the Buyer or Seller is deemed to be non-responsive in
the transaction process. In any such event, in Bido's sole discretion, the
item may be sold to the second highest bidder at such bidder's former bid or
other agreed bid. If no agreement is reached between the Bidder ("Buyer") and
Seller, Bido may extend the reach of the bidding pool to subservient and other
bidders for the item at issue.
Needless to say, non-payment for a domain won buy a Buyer or Bidder is grounds for immediate dismissal and cancellation of their account, at Bido's sole discretion, as well as grounds for banning such a user or his agents and representatives from utilizing or creating other Bido accounts. It is agreed and understood that the responsibility for payment rests in the hands of the Buyer (winning Bidder).
6. Listing/Selling/Buying
Bido serves as an auction and/or sales platform to allow users to offer to sell and buy domain names, complete web
sites and content, and/or web-based businesses (collectively,
"Domains"). Bido
collects a fee from the Seller for successful sales procured via the Service. Inventory
on Bido is typically free to list and inventory is typically voted into auction by
the Bido community. Sellers may skip the voting process by Accelerating
an item to auction for a fee, paid in advance. In addition, Domains up to 20 characters in length (excluding the TLD) are free to list. Domains containing more than 20 characters must be accelerated to auction, for a fee as posted on the Bido website, at the time of submission.
Bido may, but is not required to, screen domains entered to be listed for auction, by requiring that all contact emails related to a domain's whois data of public record are verified, otherwise, in which case, Bido may reject the domain(s) submitted.
Except as otherwise provided in any applicable posted terms, users
offering their items for sale ("Sellers") may list their
items in the Service database. If You post a "Buy Now" or "Reserve Auction" price, You
are obligated to sell the item at that price if a Buyer offers or bids that amount.
If You post a "No Reserve Auction", You are obligated to sell the item to the highest bidder when the auction count-down clock runs out of time and the auction ends. Unstarted Auctions may or may not be deleted at Bido's sole discretion.
In the case of Reserve Price Auctions, if a Prospective Buyer enters a bid which is higher than the reserve requirement during a Live Auction, then the Reserve will be met by said proxy bid. Any difference of a bid placed during a Live Auction of said reserve and the maximum amount of the proxy bid will remain as a proxy, and only the reserve will be met, but not more, or until the proxy bid has been attempted to or superseded by another bidder.
Pre-Bids (bids placed prior to Auction Start) are placed as Absolute Bids (a single, static bid), and are placed at the maximum the bidder is willing to bid. Bids placed after Auction Start are treated as proxy bids and will follow scales and bid in increments only enough to supersede other bidders, unless the Reserve has not been met. Bids below the reserve are always placed as Absolute Bids.
Prospective Buyers of Domains ("Buyers") may enter offers for certain items., if the offer is for less than the Reserve price. These offers and the responses of the
Sellers will be posted on the Bido website, and notices of said postings will be forwarded to the other party via the email addresses provided
as part of user registration. Bido cannot guarantee that any particular offer
or response will be transmitted to the intended recipient.
Buyers are to pay
for domains within Ten (10) Business Days. Failure to pay may result in the maximum
fine allowable by law. You understand and agree to provide true and accurate
contact information in your registration details. You understand and agree that Bido is not
acting as a fiduciary to the extent freed from that duty by law; in an ongoing
effort to provide the best possible service, please make sure your contact
information is correct. Bido may, but is not required to, contact you via
telephone or otherwise, during live auctions in order to verify the bidders and
the bids placed and for other reasons associated with your account; it is
therefore imperative to provide and keep your contact information current and
up to date. Failure to provide correct information may delay bidding,
account approval, warrant termination of service, and is a breach of the
Bido.com Terms Of Service agreement.
In the event that a Seller and Buyer negotiate an agreement for the
purchase and sale of an item via the Service,, Buyer and
Seller agree that the purchase and sale transaction shall be managed by Bido in
accordance with the terms of Bido's Domain Transfer and Escrow Services as
described below.
In the case of Domain Name sales, should the registration of a Domain that is the subject of an Accepted Offer be in risk of expiring with its relevant domain registrar before a transfer finalizes, the Seller agrees to renew the Domain registration and is solely responsible for any costs or fees associated with such renewal. Buyer and Seller are each respectively responsible for any related fees charged by Buyer's registrar and/or service provider. Subject to Seller's renewal obligations noted above, Buyer understands that following the transfer of the Domain to Buyer, the Buyer shall be solely responsible for renewing the domain name and any costs and fees associated with such renewal from that point forward.
Sellers may not increase the Reserve price of an item after it is submitted for auction or sale consideration. For that reason, sellers should be ready, willing, and able to sell all submitted inventory at the price it was submitted with. Pricing changes may or may not be allowed at Bido's sole discretion.
In the case of an unsold item after an auction has completed, Bido reserves the right to reauction or relist for auction, at Bido's sole discretion, within 30 days after the closure of the previous auction.
7. Rules Regarding Listing Domains:
The following Domain listing requirements and obligations apply to your use of the Service:
(a) The Seller agrees to set up a user account and to fill out the
registration form completely and accurately.
(b) Domain names are the result of, and are subject to all of the conditions, limitations, and restrictions contained in, domain name registration agreements between the Seller and a third-party domain name registry, registrar, or other service provider. As such, the transferability of domain name registration may be limited, prohibited, or otherwise subject to conditions imposed by the domain name registrar or service provider. Subject to and without limiting Seller's obligations and representations herein, nothing in this Agreement or on the Site shall be construed as a representation by Bido that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant domain name registrar or service provider.
(c) As a Seller of a Domain listed on the Service, You represent and warrant that: (i) You have registered the domain name with the appropriate domain name registrar or other registration authority; (ii) Your registration of the domain name that you offer for sale is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable domain name registrar or other registration authority and was not obtained by fraud, misrepresentation or other improper means; (iii) You have not taken any action that would impair Your ability or right to transfer the domain name registration or any other aspect of the Domain and no such action has been taken against You; (iv) the Domain does not and has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, copyrights, patent rights or naming or publicity rights; (v) the Domain is not the subject of any legal disputes or proceedings challenging Your right to register, use, or transfer the Domain; (vi) You will accurately describe the subject listing; (vii) You possess the registration and have the right to sell the domain name and other content, if any, listed as part of your Domain; and (viii) if Your offer to sell and transfer the Domain is accepted, You will complete the transaction with a ready, willing, and able Buyer. You will not under any circumstances list or transfer the rights to any Domain that You do not have sufficient rights to transfer or that is illegal to transfer under applicable law. For the avoidance of doubt, the representations and warranties set forth in this paragraph are made for the benefit of both Bido and Buyer, each of which may take appropriate action in the event of a breach of any of the foregoing representations and warranties by Seller.
(d) As Seller, You agree not to list any Domains which violate this
Agreement and/or Bido Guidelines. Bido may refuse to list, or remove the
listing for, any Domain which, in Bido's sole discretion, may potentially
infringe or violate the proprietary rights of any third person or any other
Domain, or which in Bido's sole discretion, is inflammatory, offensive, inconsistent
with Bido's general policies or Guidelines, or otherwise may infringe any
proprietary right of any third party, provided Bido has received notice of such infringement (but not limited to such notice).
(e) As Seller of a Domain, You agree not to enter an offer or vote for Your own Domain and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics, listing view statistics, or other information presented to Buyer during the course of sale and/or negotiation which are measured and displayed by Bido.
(f) You will not Yourself, nor will You allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Service.
(g) You, as Seller, agree to keep any data which You have added to the Service up-to-date. If a Domain has been sold or is no longer available for sale, You are to remove it from the database - not doing so may result in financial penalty and charge to Your account for lost transaction fees. Furthermore, as Seller, You agree to remove a Domain from the Service immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing. This shall apply until legal clarification of the situation has been made in a manner acceptable to Bido in its sole discretion.
(h) In the case of No Reserve auctions, and Reserve Met auctions, the highest bidder wins the rights to the Domain Name and the Buyer and Seller pledge to complete the transaction in a timely manner, as set forth by these Terms Of Service. In the case of Reserve auctions, where the Reserve was not met, the Seller has 24 hours to accept the highest bid in lieu of the Reserve Requirement, by logging into the Bido website and accepting the high bid. In the case of Offer/Counter Offer transactions
(unlike Reserve and No Reserve auctions), You, as Seller or Buyer,
agree to accept, reject, or make a counter offer on any offer received
within 7 days of receiving such offer. Bido has the right to cancel any
offer or offer in process at any time, if either the Buyer or Seller is
deemed to be non-responsive in the transaction process. (See 6. Listing/Selling/Buying for additional details.)
(i) Notwithstanding anything to the contrary in this Agreement or on the Site, Bido reserves the right to remove any Domain from the Service at any time with or without prior notice and for any reason or no reason at all.
(ii) RETURNS: Return policy: Give the unique nature of
our business and transactions, all sales are final and no exchanges and/or
refunds will be permitted. Upon payment clearing of Bido's account, the Seller of the Item, Service, or Domain Name will be instructed to transfer ownership rights to you, unless in the circumstance whereby Bido is holding Escrow of the domain name, Bido itself will fulfill the ownership transfer process.
8. Minimum Offers & Set Prices;
If the Seller states a Buy Now price, then an offer for the stated sales price is binding unless the Domain listing in Seller's user account had been changed and the change had been reflected on the Service database prior to Seller's receipt of an offer from a Buyer at the Buy Now price. The sales price is considered to be the end price for the Buyer, and includes any fees paid to Bido from the Seller.
If the Seller does not state a Buy Now price, the Domain listing serves as an invitation for Buyers to submit an offer or bid for the purchase and sale of the Domain that is the subject of the Domain listing, but Sellers are not required to accept any such offers.
If the Seller states a minimum offer and Bido agrees to allow Seller to do so, the Domain listing serves as an invitation for Buyers to submit an offer equal to or in excess of the stated amount for the purchase and sale of the Domain that is the subject of the Domain listing, but Sellers are not required to accept any such offers. In any such event Bidders and Buyers agree to be bound to their submitted bid, and the highest bidder, after payment clears for their bid, and prior to Bido's payment to Seller, will have the domain transferred to such highest bidder's account within a reasonable time.
9. Escrow Service For Transferring Domains.
Description of Service
After a successful sale, the Buyer and Seller are obligated to
fully cooperate with each other and Bido, and failure to so cooperate may be
considered by Bido as a breach of this Agreement. After a successful sale, Buyer and Seller will cooperate with each other, with Bido's assistance, to process the transfer of ownership rights. In the event where Bido may take Escrow of any domain name prior to auction, Bido's Domain Transfer and Escrow Service (the "Escrow
Service") provides assistance with the purchase and transfer of Domains.
Bido may act as a buyer and/or seller, or as the representative of a buyer or a
Seller, or as a broker. Upon conclusion of the change of ownership
process, Bido will release Buyer's funds from escrow and forward the purchase
price to the Seller, less applicable fees.
10. Costs & Fees
The fee is calculated as a percentage of the total amount paid by the Buyer to the Seller for the item, and cannot be calculated until there is an Accepted Offer or High Bid. The amount of the fee for any sale is specified at 10%, and is subject to change from time to time.
10(A) Charge-backs:
Bido reserves the right to
charge a $30.00 fee for returned checks. Further, Buyer understands Bido may, to the extent legally possible; levy upon Buyer all
appropriate and legal fees for credit card charge backs; use collection
agencies to collect any & all fees incurred due to charge-backs; and may report
any negative credit information to the major credit bureaus. Bido, to the
extent legally possible, may charge a fee for domain registrations that are
being listed, or otherwise participating in a sales capacity, using the Bido
Service, when such domains are not renewed, of up to $250.
11. Country Code Extensions & Unique Situations
In the event of Domain transfers that concern the purchase and sale of a Domain which the Seller had listed on the Service, the Seller shall be responsible for paying the Bido service fee unless otherwise agreed to by Bido.
When a Domain is transferred from the Seller to the Buyer, further costs can be incurred, based upon the participating registry and registrar providers. In no event shall Bido be liable for such costs. The responsibility for these payment obligations are defined by the relationship of the Seller to the provider. This can include, but is not limited to, the responsibility of the Seller to pay for a registration renewal when the domain is set to expire within the next sixty (60) days from the time agreement was reached.
12. Transferring Your Domain
Reaching an Agreement
Should either party fail to meet to their obligations under this Agreement, the identity of the breaching user may be provided to the injured user upon request.
Obligation of Buyer to Make Payment
After agreement is reached for the purchase and sale of a item, Bido shall contact the Buyer via email, or other means of communication, to request the transfer of the amount due to Bido's escrow account where it will be safeguarded until completion of the item transfer. Upon said request, the Buyer is obligated to remit payment of the amount owed to Bido's escrow account. Failure to remit payment to Bido's escrow account within thirty (10) days of when the request email was sent to the Buyer from Bido may be considered a material breach of this Agreement, entitling, but not requiring, Seller or Bido to take appropriate action in accordance with this Agreement. It is agreed and understood that any default or monies due Seller from Buyer shall be the obligations of Buyer and not Bido.
Transfer of Domain
Once an Accepted Offer has been received and reported to Bido, the Domain transfer process from the former owner (the Seller) to the new owner (the Buyer) shall commence. Bido shall then instruct the Buyer and the Seller of the Domain as to the required steps and best practices involved in the technical Domain Name transfer process. A prompt and orderly transfer of the Domain can only be accomplished if Bido's instructions to the Buyer and Seller are strictly followed. As such, the Buyer and Seller are obligated to fully cooperate with each other and Bido, and failure to so cooperate may be considered by Bido as a breach of this Agreement.
Successful Transfer and Payment of Purchase Price
Upon successful transfer of the Domain to the Buyer,
the payment of the amount owed to the Seller shall be remitted in a timely
manner. A successful transfer of a Domain Name has taken place when the Buyer's
registration data has been updated in the WHOIS database of the relevant domain
name registry and the Buyer has assumed technical control of the Domain. In the
event that Bido assumes temporary control of the Domain to be transferred, on a
discretionary basis, then a successful transfer may be considered to have been
made at that moment in which Bido obtains control of the Domain and the Seller
has lost control of this Domain. Unresponsive Buyers who have paid for a Domain, and are still unresponsive after Bido has assumed temporary control (in Bido's sole discretion), will forfeit their rights to the item they have purchased and the item registration may be allowed to lapse, at Bido's sole discretion, and as part of these terms of service, the buyer agrees to hold Bido harmless in such a circumstance. As a Buyer or Seller, you agree to make yourself available to complete your transactions in a timely manner.
Unsuccessful Transfer and Repayment
In the event that an item transfer is ultimately unsuccessful without fault or breach of this Agreement by the Buyer, the payment submitted to Bido's escrow account shall be returned to the Buyer.
Publication Rights
The Buyer and Seller agree that Bido shall have the
right to publish the name of the domain name sold as well as the respective
purchase price on the Site or in other places for reference purposes.
Penalties for Failing to Perform Obligations
Bido reserves the right, in its own discretion, to cancel the Domain transfer and escrow transaction if one of the parties to the purchase and sale agreement fails to fulfill its obligation to cooperate in the transfer process after two (2) requests are made by Bido via the email addresses provided in that party's user account ("Failed Transfer").
In the case of a Failed Transfer, Bido reserves the right (without limiting any of its other rights or remedies) to collect any applicable commission fee from that party who has violated his/her obligation to cooperate.
Bido also reserves the right to collect any applicable
commission fee from either party for the sale of any Domain listed in the
Service but sold outside the Service if Bido determines that the Buyer and
Seller were introduced in any way through the Service, or Bido had otherwise procured the sale.
Certain Rights of Bido in the event of a Dispute between the Parties
In the event that the purchase price to be paid by the Buyer has been transferred to the applicable escrow account and the Domain has been transferred to the Buyer in whole or in part, neither party shall have the right to compel Bido to cancel said transfer or payment. In the event that the parties become involved in a dispute at any time during the transfer and escrow process, Bido may set a deadline for the parties to reach an agreement. In the event that said deadline passes without a resolution to the dispute then, notwithstanding any other provision to the contrary, Bido shall have the right (but not the obligation) to release the purchase price to the Seller and the Domain to the Buyer in accordance with the Accepted Offer and be entitled to its fees and commissions. For clarity, any such action taken by Bido shall not prevent the Buyer and Seller from arbitrating the dispute in accordance with the Dispute Resolution/Binding Arbitration paragraph below.
13. Disclaimer
Buyer and seller agree that Bido shall not be liable for any claim for damages (including attorney's fees) in connection with, or originating or arising from a failed transfer, absent evidence of intentional wrongdoing, or gross negligence of Bido.
The foregoing shall apply in all circumstances, including, but not limited to, those cases in which either the Buyer or Seller rejects the proper completion of transfer-related documents; impedes the execution of the transaction in another way; a Buyer, Seller or third party has committed any fraudulent act; or in the case where one of the contractual parties cannot be properly identified due to providing incorrect or misleading contact information.
Investigation/examination of the domain for the existence of conflicting rights, including, but not limited to, priority ownership rights, trademark rights, and/or violation of applicable law, is the sole responsibility of the Seller listing the domain for sale and the Buyer.
It is understood that Bido may become a Seller and/or a Buyer in any transaction, but it shall not be deemed to have acquired under any circumstances any liabilities of a Buyer or Seller hereunder and it has no duty to verify that the domain being sold and transferred does not violate the priority rights of any third parties and thus makes no warranties as to the existence of conflicting priority rights of any third parties.
Buyer and Seller agree that the domain transfer and escrow service does not include an examination or verification of the existence of any conflicting priority firm name, naming or trademark rights or other rights of third parties.
The Bido service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Bido expressly disclaims any representation or warranty that the Bido service will be error-free, secure or uninterrupted. No oral advice or written information given by Bido, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Bido and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
14. Collections, Obligations, Payments
Bido charges a fee for it's domain-related services and you are given an opportunity to review and accept the fees that will be charged in connection with the Service; provided that in some instances, the fee is calculated as a percentage of the total amount of the transaction and therefore cannot be calculated until there is an Accepted Offer. You are responsible for all applicable taxes (except for Bido's income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or Your activity conducted through any of Bido's websites. Bido may, in its sole discretion, add, delete, or change any of the Service provided or fees charged by Bido. The applicable Services and fees will be binding on the effective date of any transaction noted on the Site.
Unless otherwise stated, all fees and currency amounts
are quoted in U.S. Dollars.
Notwithstanding any other provision of this Agreement, in the event that Bido finds it necessary to bring suit to collect any monies owed it by You, You agree and submit to personal jurisdiction in the courts of Switzerland and agree that the laws of Switzerland will govern any such claims. In any lawsuit between You and Bido, You waive the right to a jury trial. You further agree to pay all actual attorneys fees and costs incurred in the collection of such monies, including all additional post-judgment costs and fees related to enforcement of any judgment entered against You.
15. Binding Arbitration & Disputes
In the event of a dispute between You and Bido or a third party regarding the ownership of any domain name which is subject to the rules of ICANN and the Uniform Domain-Name Dispute Resolution Policy ("UDRP"), You understand and agree that such dispute shall be adjudicated exclusively by binding arbitration pursuant to the rules of ICANN and the UDRP which are incorporate herein fully by reference. Further You agree understand and agree that You have waived rights to any claim for relief against Bido except that You may obtain transfer of a domain name pursuant to ICANN and UDRP, and that You specifically and expressly waive all claims for money damages of any type whatsoever, including but not limited to actual, statutory, punitive, compensatory or other damages arising out of any alleged violation of intellectual property rights of any type whatsoever, including but not limited to copyright and/or trademark infringement under the laws of any jurisdiction, and including but not limited to any business torts related to interference with contract, interference with prospective advantage, or otherwise. In the event that You fail to follow this provision, You understand and agree that Bido may recover from You all attorneys fees and costs incurred by Bido, including, but not limited to, those fees and costs incurred in order to obtain remand to arbitration as set forth above.
For disputes involving the timing of bidding, Bido will utilize and make available to relevant review bodies of competent jurisdiction, the Bid Timestamp recorded on all bids using the Bido system.
16. Indemnity
You agree to defend, indemnify and hold harmless Bido and its parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates (the "Bido Parties") from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any claim, action, proceeding or demand related to Your use (including Your agents, affiliates, or anyone acting on Your behalf) of the Site, Service and/or any Domain or other item that You may list, request information about, purchase from, or sell through Bido. You further agree to indemnify and hold the Bido Parties harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that You have infringed a third person's copyright, trademark or proprietary or intellectual property right, or misappropriated a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Bido be notified of a pending law suit, or receive notice of the filing of a law suit, Bido may seek a written confirmation from You concerning Your obligation to indemnify Bido. Your failure to provide such a confirmation may be considered a breach of this Agreement.
You agree that Bido shall have the right to participate in the defense of any such claim through counsel of its own choosing at Your expense. You agree to notify Bido of any such claim promptly in writing and to allow Bido to control the proceedings. You agree to cooperate fully with Bido during such proceedings.
You agree that You will not be entitled to a refund of any fees paid to Bido if, for any reason, Bido takes corrective action with respect to Your improper or illegal use of the Service.
17. Force Majeure & System Integrity
Bido does
not guarantee the availability of the service and will not be liable for delays
in its performance of the Bido Service caused by circumstances beyond Bido's
reasonable control, including acts of God, Electrical or Technical failures,
wars, insurrection, civil commotions, riots, national disasters, earthquakes,
strikes, fires, floods, water damage, explosions, shortages of labor or
materials, labor disputes, transportation problems, accidents, embargoes, or
governmental restrictions (collectively "Force Majeure"). Bido will make
reasonable efforts to reduce to a minimum and mitigate the effect of any Force
Majeure. Notwithstanding anything contained elsewhere herein, lack of finances
will not be considered an event of Force Majeure nor will any event of Force
Majeure suspend any obligation of customers for the payment of money due. At Bido's sole discretion, any Auction or Transaction that was (at Bido's discretion) affected by any lack of integrity of the System or other Force Majeure may be deemed null and void. At Bido's sole discretion, any affected Auction or Transaction may be scheduled for a re-auction or re-transact and opportunity presented to the prospective Bidders or Purchasers to resubmit their Bid or Purchase.
18. Breach of The Agreement
Breach of this Agreement may result in termination or temporary suspension of Your Bido account. Providing inaccurate registration information constitutes breach of this Agreement.
19. No Warranties
The Bido site and Service are provided "as is". Bido makes no warranties or representations of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. we make no warranty that our service(s) will meet your requirements, or that the service will be uninterrupted, timely, the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us or through our service shall not create any warranty not expressly made herein. Bido does not guarantee the availability or quality of the site or the Service.
20. Limitations of Liability
The Bido Parties shall in no event be held liable for any damages arising out of use of the site or Service and/or the inability to use the site and Service, or otherwise in connection with this agreement. Without limiting the foregoing, in no event shall the Bido Parties be liable to you or any other party for any indirect, incidental, punitive, special or consequential damages, including, but not limited to, any damages for lost profits, costs of cover, interruption of business, loss of technology or lost data, however arising, whether under theories of contract, tort (including negligence), strict liability or otherwise, even if Bido has been advised of the possibility of such damages. the Bido Parties' total aggregate liability for any damages arising under or in connection with this agreement or the service shall be limited to the amount received by Bido pursuant to this agreement (specifically excluding any amount that is not retained by Bido) in connection with the specific transaction at issue.
Agreement and participation in our Service requires Your acceptance to and agreement to abide by any additional Legal Disclaimers we may post on the Service.
21. Privacy
Agreement and participation in our Service requires
Your acceptance to our Privacy Policy.
22. Release
Buyer and Seller agree not to sue and to release the Bido Parties should a dispute arise between the parties during a transaction. Specifically, Buyers and Sellers agree to release (and to take any further action necessary to effect such release) the Bido Parties from claims, demands, 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 associated with such disputes.
23. Compliance
Users are required to comply with all local, state and federal laws regarding use of our services. At Bido's sole discretion to change this clause at any time and for any reason, to the extent required, if any, all auctions will take place in Switzerland.
24. Copyright
The content of Bido owned and operated web sites is the property of Bido or the suppliers of the content and is protected by US and International copyright laws. All software used to run the site is the sole property of Bido and may not be used by any other party in any way, shape or form.
25. Representations of Buyer and Seller
The Seller represents and warrants to the Buyer, and the Buyer represents and warrants to the Seller, that he/she is authorized to agree to the terms set forth in this Agreement and to do all things necessary to complete the transaction contemplated by Accepted Offer, and that he/she will take all steps necessary to fulfill his/her obligations to the other party and to Bido.
26. Miscellaneous
The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. No waiver by Bido of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
27. Integration Clause
This Agreement (and any documents referred to in it) contains the whole agreement between the Parties relating to the transactions contemplated by this Agreement and supersedes all previous understandings and agreements between the Parties relating to these transactions. Each Party acknowledges that, in agreeing to enter into this Agreement, it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Agreement and any documents referred to in it) made by or on behalf of any other Party or any other person whatsoever before the execution of this Agreement. Each Party waives all rights and remedies which, but for this Clause, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance, provided that nothing in this Clause shall limit or exclude any liability for willful misconduct or fraud.
28. Support Serviced & Privacy
Bido.com LLC may
provide you with support services related to the online domain management
solution. Use of any such support services is governed by the Bido.com LLC
policies and programs described in "online" documentation and/or other Bido.com LLC provided materials. Any supplemental software code or related materials
that Bido.com LLC provides to you as part of the online domain management
solution is to be considered part of same online domain management solution and
is subject to the terms and conditions of this TOU. With respect to any
technical information you provide to Bido.com LLC as part of the support
services, Bido.com LLC may use such information for its business purposes without
restriction, including for product support and development. Bido.com LLC will not
use such technical information in a form that personally identifies you.Bido.com LLC hereby commits not to share certain private user data with any non-Bido.com LLC Partners.
CONTACT INFORMATION
If you have any questions about
this Terms of Use Agreement, or if you want to contact Bido.com LLC. for any
reason, please direct all correspondence to:
Bido.com LLC
email: info (at) bido.com
Bido and Bido.com are trademarks of Bido.com LLC. Copyright Bido.com LLC.
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