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TERMS AND CONDITIONS - All users of the bidtopia exchange are required
to agree to the following terms and conditions prior to using the
service. Registering with bidtopia constitutes acceptance to all of the
items listed below. Bidtopia has the right to change or amend any part
of this agreement at anytime. Should you disagree with any of the
changes or amendments, you are required to contact bidtopia and request
to have your account closed. All changes and amendments will go into
affect 30 days after they are posted on the web site. ELIGIBILITY FOR USER MEMBERSHIP - All users must be of legal age to enter into a contract (18 years old) and must act in accordance with all local, state and federal laws. Registered users must provide us with authentic contact information. Bidtopia reserves to right to cancel membership of any user for any reason it deems appropriate, including , but not limited to, falsified information, low feedback or transactional scores or otherwise malicious activity on the exchange. BIDTOPIA EXCHANGE - Bidtopia acts as an "exchange" for buyers and sellers to come together and conduct business. Bidtopia does not posses or own any of the items available for sale or auction on the exchange, nor are we involved in any part of the sales transaction. It is the sole responsibility of the seller to represent authenticity, availability or quality of the merchandise. Buyers and sellers should consider the feedback rating of each other prior to entering into an agreement. Bidtopia will not get involved in any dispute that may arise between various users. All users of this exchange therefore agree to hold bidtopia harmless from any type of damages, claims or responsibility that arise from any type of buyer or seller dispute, including negligence or gross negligence. Bidtopia is not responsible for images, graphics or feedback comments left by other users. PRIVACY - Bidtopia takes many steps to ensure the privacy of our users by not allowing access to information we deem confidential, such as credit card numbers, financial information or bank account numbers. For more information, please view our "privacy policy" http://www.bidtopia.com/privacy.aspx BIDTOPIA USERS AGREEMENT - Users agree not to engage in any actions that violate state, local or federal laws. Users are responsible for paying all applicable taxes and costs for their equipment, software, services or any other related expenses used to conduct transactions on our exchange. Sellers agree that they are obligated to complete the transaction. Sellers may not place bids on their own items/services. Sellers are not allowed to contact bidders in auctions or listings of other sellers. Sellers are expected to "mark items as paid" within 3 business days from receipt of payment. Should a seller fail to mark an item as "paid" or "unpaid" within 30 days, Bidtopia will assume the transaction was completed, and mark the item as "paid" on behalf of the seller. Bidtopia reserves the right to cancel or suspend sales privileges at any time and for any reason that we feel appropriate. By placing a bid, you agree that you have the ability and intention to purchase the item for the amount you bid and have entered into a legally binding contract. The only way you may withdraw your bid is by having the seller agree to your request. Bidders may not engage in bidding on items with no intention of completing the purchase (also know as shill bidding). Bidtopia has the right to suspend bidders with a transaction score (a rating that reflects the successful payment or failure of payment, for an item) that falls below 90%. Users who purchase an item on this exchange agree to allow bidtopia to share the buyers information (name, address, phone number and e-mail) with the seller upon request. Buyers agree to leave feedback for sellers within several days after receipt of product. Should a buyer forget or fail to leave feedback for the seller, bidtopia will automatically post a generic positive comment, after 30 days. NO WARRANTY / LIMITATION OF LIABILITY - All services provided by bidtopia are "as-is" with no warranty or conditions expressed or implied. Users agree to hold bidtopia harmless and not liable for any event that may result in lost profits, sales, revenues or incidental / consequential damages (regardless of negligence or gross negligence). FEEDBACK - Bidtopia reserves the right to remove feedback for several reasons, including, but not limited to: - The user of vulgar or obscene statements - The disclosure of personal or confidential information - A positive comment with a negative rating - Malicious feedback left without the intent of ever actually completing the transaction - Using feedback as threatening leverage to blackmail a seller into performing an action otherwise not originally part of the transaction PASSWORD - You may not disclose, share or distribute your password to any third party (unless approved by bidtopia). You are solely responsible for the use of your password and any action taken under your password on this site. If you feel your password has been compromised then you are responsible for changing it immediately. We strongly suggest that you change your password at least once every 90 days, however, you may change your password at any time you wish. Passwords are more secure if they include at least one number (like: 1,2,3 etc) , one symbol (like: ^, !, *, etc) and one upper case letter (like: T, H, B, etc). BILLING & FEES - Bidtopia has a single flat rate fee of 2.75% of final value sales price for any item that sells on the exchange (regardless of store or auction format). Although there is no listing fee, nor monthly store fee, we do charge a small transaction fee for items that fail to sell on the exchange. Failure to sell fees (FTS) include a 25 cent fee for auctions (inverted or traditional) that fail to attract a single bid and a similar 25 cents per item fee for any item listed in the "store" format that fails to achieve a single sale for an entire month. Total fees will be accumulated at the end of each calendar month. Sellers have 20 days to pay for the previous months fees or their account will be suspended. BIDTOPIA USAGE RIGHTS - Bidtopia has the right, but not obligation, to end or cancel any auction that it feels violates rules, regulations, laws or otherwise affects the perceived integrity of the exchange. This may include, but is not limited to, objectionable materials, prohibited items/services, inaccurate listings, fraudulent / counterfeit items or otherwise inappropriate for the exchange. Such action may be taken at the sole and absolute discretion of Bidtopia. • Note – As an active SELLING member of bidtopia, we reserve the right to visit your place of business (with reasonable notice) to inspect your merchandise and/or facility. Should you refuse to allow a visitation from one of our account managers, your seller ID will be indefinitely suspended. LICENSES - Users are granted a limited license to make personal use of the bidtopia exchange in accordance with the terms and conditions of this agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the site (other than buying and selling items), making any derivative of the site or services, the collection and use of participant e-mail addresses or other participant information, ratings, listings or any data extraction or data mining. GENERAL - Users and bidtopia have no agency, partnership, joint venture, or franchise relationship. Bidtopia may terminate your user eligibility at any time and for any reason we deem acceptable to maintaining the integrity of the exchange. Bidtopia is not an agent, fiduciary, trustee or other representative of the user. If any provision of this agreement shall be deemed unlawful, void, or for any reason not enforceable, then that provision shall be deemed severable from all other terms and not affect the validity and enforceability of the remaining provisions. Should bidtopia fail to enforce the strict performance of any provision of this agreement, it will not constitute a waiver of or rights to subsequently enforce such provisions. Users are responsible for any and all applicable licensing requirements laws, statutes, ordinances and or regulations regarding the merchandise or services they are selling or purchasing on this exchange. Bidtopia is a Tennessee limited liability company (LLC). This agreement and all terms and conditions, shall be governed by the laws of Tennessee. Users agree that any claim or controversy relating to bidtopia shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such dispute shall be arbitrated on an individual basis and can not be combined with any other claim or controversy of any other party. Users agree that the arbitration shall be conducted in Memphis, Tennessee and hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of Memphis Tennessee. |
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