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TERMS AND CONDITIONS OF USE FOR PROXIBID WEBSITE
Please read the following pages carefully, as they contain the Terms and Conditions of Use that will govern your use of the Proxibid Website. These Terms and Conditions constitute a legally binding agreement between you and Proxibid. Use of the Proxibid Website at http://www.proxibid.com will be considered acceptance of these Terms and Conditions. It is your responsibility to carefully read these Terms and Conditions before using this Website. If you do not wish to be bound by the Terms and Conditions contained in the following pages, please do not use the Proxibid Website.
Definitions
The following terms are defined for use in this agreement, and their meaning in this agreement is limited to the given definition.
"You", "Bidder," "Your", "Buyer" and "User": These terms refer to you.
"Proxibid", "We", "Us", "the Company" and "Our": These terms all refer to Proxibid, Inc.
"Seller": refers to the independent entity conducting or sponsoring the auction, including, but not limited to Auctioneers, Auction Houses or Auction Companies.
Proxibid has the right to alter this agreement or these Terms and Conditions at any time. This will be accomplished by updating the pages you are looking at now. Please visit this page periodically in order to monitor any changes that may have been made to these Terms and Conditions, particularly before you participate in an auction. Every time you use this Website, you are agreeing to the Terms and Conditions as they exist at that time.
Many Sellers have their own websites, and their own terms and conditions, which may or may not contain the same level of protection as Proxibid’s Terms and Conditions. You should review the Terms and Conditions of each Seller before registering to participate in an auction.
OVERVIEW
Proxibid provides Bidders an opportunity to participate in auctions even when they cannot be physically present at the auction Website. Proxibid webcasts the auction and allows Bidders to place bids in real time. Proxibid can also place absentee bids on behalf of a Bidder unable to personally monitor the auction webcast. In addition, in some cases Proxibid provides online bidding auctions, where all bidding conducted within the event is exclusively online.
All auctions are operated by independent Sellers. The Sellers are solely responsible for running each auction and regulating each sale. Each Seller sets the rules for their individual auction and may impose special requirements for participation. The Seller has the ultimate discretion over approving Bidders for each auction. Registering as a Bidder with Proxibid does not automatically guarantee that you will be approved for any of the auctions hosted by Proxibid.
If any dispute arises between a Bidder and an Seller regarding an item sold or the manner in which an auction was conducted, the Bidder must utilize the Seller’s dispute resolution procedures. Proxibid is not responsible for handling, resolving or otherwise being involved with any disputes between the Bidder and the Seller or any disputes related to a particular auction. However, Proxibid may in its own discretion participate in the dispute resolution process if the parties believe Proxibid's participation will have a positive effect on the process.
Because public networks, such as the Internet, occasionally experience disruptions, Proxibid cannot guarantee its services will be available 100% of the time. Although Proxibid strives to provide the most reliable services possible, interruptions and delays in service are unavoidable and Proxibid disclaims any liability for damages resulting from such problems.
Proxibid reserves the right to cancel any scheduled auction at any time and for any reason. Proxibid will not be liable for any damages that result from such cancellations.
YOUR OBLIGATION
If you are the successful bidder, you agree to pay the amount of your bid plus all applicable taxes and charges in the time and manner designated by the Seller. Failure to make such payment shall be deemed to be a breach of these Terms and Conditions and in addition to all other rights and remedies Proxibid and the Seller may have under applicable law, you will be charged a re-stocking fee equal to (a) 25% of the amount of your invoice, plus $25 (b) or the cost associated with re-marketing and re-selling your items, whichever is greater.
All Sales Final
All sales are final; placing a bid is a legally binding obligation. There are no returns or exchanges. All items are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description and photography. Neither Proxibid nor the auction company are responsible for any errors or omissions in the description or photography provided on this Website or in Proxibid’s bidding application. Due diligence to verify the condition and description of an item is the sole responsibility of the bidder/buyer prior to placing any bid on this Website.
Payment and Collection
Proxibid may assist in the collection of monies owed to the Seller for items purchased through Proxibid. Proxibid reserves the right to bill any costs associated with collection, to the Bidder, until collected. Costs associated with collection may include, but are not limited to, attorney fees and costs associated with the use of a collection agency.
INFORMATION COLLECTED BY PROXIBID
For complete information on how Proxibid handles your personal information, please review our Privacy Policy.
Proxibid requires information, including but not limited to the following Bidder Profile information from every Bidder using proxibid.com:
Bidder Profile:
Name
Address
E-mail
Affirmation that you are over the age of 19
Credit Card Information
Home Phone Number
Work Phone Number
We gather aggregate information about Website usage, including but not limited to, the number of visitors, most visited pages, length of visit, conversations and, any and all correspondence.
We may in our discretion provide to the Seller all of the information which is in your Bidder Profile. The Seller may then use the information for any purposes, including but not limited to, collect the amounts owed from you to them. In addition, we may provide the information in your Bidder Profile to others, including but not limited to, collection agencies, if you do not pay agreed upon amounts when due. However, Proxibid specifically will not sell or transfer information from your Bidder Profile for profit of any kind.
OWNERSHIP OF THIS WEBSITE
This Website is owned and operated by Proxibid, Inc., in Omaha, Nebraska, the United States of America. The content on this website includes, but is not limited to: text, graphics, logos, audio clips, software server information, and anything else hosted on this Website. All rights to our content, services, and server information are reserved and are the sole property of Proxibid, Inc.
Relationship Between Proxibid and Sellers
Proxibid does not have any control over the individual Sellers or over their operation of the actual auctions. Proxibid facilitates the connection between the Auction Website and you the Bidder. Proxibid does not evaluate the quality of the items auctioned or verify the claims made by each Seller regarding its items.
Real Estate Auctions
The role of Proxibid in the sale of real property is limited to providing a vehicle for interested potential purchasers to utilize when they desire to bid at real estate auctions. Proxibid does not broker, sell, purchase, exchange, or lease real or personal property. No brokerage relationship or sales relationship of any kind is created between Proxibid and any seller or buyer of real estate. Proxibid merely provides a conduit through which a prospective buyer is able to participate in an auction without physically being present.
HOW CAN YOU USE THIS WEBSITE?
Bidder Duties and Responsibilities:
Bidders agree to keep their Bidder name and password confidential and are solely responsible for any activity they generate utilizing their account with Proxibid.
When using this Website you must obey all applicable federal, state and local laws. Any use of this Website that violates any applicable laws will be grounds for discontinuing your rights to this Website. This Website was created and will be operated from the United States.
Unacceptable Uses for This Website
Users may not engage in fraudulent, deceptive or intentionally disruptive or malicious activity of any kind.
Any postings by Users on this Website must not violate anyone’s trade secrets or copyrights. The postings cannot have any offensive content. Offensive content includes, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
Users are prohibited from engaging in activity that compromises the Proxibid Website. Such activities include, but are not limited to, hacking, distribution of malicious software, spamming, mailbombing or crashing.
Users may not engage in any activity designed to impede the use of the Proxibid Website by other users. Users are prohibited from engaging in any activity that jams the Website, including overloading and flooding.
Users are prohibited from posting messages that violate anyone else’s privacy.
Users are prohibited from framing or deep linking into the Proxibid Website. Users are not to place hyperlinks in their own postings.
Any access to the Proxibid Website by means of any process, including but not limited to, manually scraping, spiders, bots or any similar devices, is prohibited unless Proxibid consents to such use in writing.
Anyone duplicating the pages, modifying the Website, or the content of the Website, must have written permission, prior to his or her activity, from Proxibid.
System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any transaction conducted on our Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. The Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere with the proper working of the Website.
INTELLECTUAL PROPERTY
The software and source codes used on this Website are the intellectual property of Proxibid. Any modification or attempt to modify or acquire this Website through duplication, transfer, reverse engineering, dis-assembly, or otherwise is prohibited. Users may not create derivative works from this Website. Users may not attempt to access or duplicate the software available through the Proxibid Website in an attempt to sell or transfer any rights in such software.
Trademarks
The trademarks and service marks found on the Proxibid Website are property of Proxibid, whether registered or unregistered. Proxibid does not grant you permission to use these trademarks or service marks. You should not interpret anything in this Website as granting a license or right in these trademarks. Licenses should not be considered granted on theories of implication or estoppel. The "Proxibid" logo and the trademark "Proxibid" may not be used in any way without express written permission from Proxibid.
Copyright
Any content contained within this Website is covered by Proxibid's registered copyright. Proxibid does not release its legal copyrights in any way, either by implication, estoppel or otherwise. Any attempt to modify or subvert the content of this Website is a violation of Proxibid’s copyright. This copyright extends to the software programs and the source codes contained within this Website.
RIGHTS AND RESPONSIBILITIES
Proxibid does not guarantee the accuracy of any of the postings or content on the Website. No user has a claim against Proxibid for relying on these postings or content.
Proxibid is not responsible for the content of other user’s postings.
Proxibid has the right to monitor other user’s postings, but is under no obligation to do so. If Proxibid feels, in its sole discretion, that the content of a User’s posting is inappropriate, Proxibid reserves the right to terminate that user’s subscription.
Proxibid is not responsible for and expressly disclaims liability for any indirect, incidental, consequential or punitive damages. Proxibid disclaims any express or implied warranties, any warranty of merchantability, warranty of fitness for particular purpose, or warranty of non-infringement.
This is an "As-Is" Website. You accept that you use this Website to your own risk and without any guarantees or promises from Proxibid. This includes the functionality and operation of the Website. Proxibid does not guarantee that this Website will be operational 100% of the time.
Proxibid does not guarantee that you will always be able to access the auctions listed on our Website.
Proxibid, in its sole discretion, may terminate access for any reason to our Website.
You guarantee that the information you supply to the Proxibid is accurate.
Users agree to indemnify and hold Proxibid harmless from any lawsuit based on user’s negligence or activities.
Jurisdiction and Choice of Law Provisions
This Website is governed by the federal laws of the United States of America and the laws of the state of Nebraska.
All disputes concerning this Website shall be adjudicated in Douglas County, Nebraska.
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