Now In: The Unique Bid User Agreement

The Unique Bid User Agreement

The following describes the terms on which The Unique Bid Corp. offers you access to our services.

Introduction

Welcome to THE UNIQUE BID. By using the services on the THE UNIQUE BID websites (TheUniqueBid.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with THE UNIQUE BID Corp. and the general principles for the websites of our subsidiaries. If you have any questions, please refer to our Contact Us section.

Before you may become a member of THE UNIQUE BID, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some THE UNIQUE BID branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on December 15, 2008, for current users, and upon acceptance for new users.

Using THE UNIQUE BID

While using THE UNIQUE BID, you will not:

• violate any laws, third party rights, or our policies;
• use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
• fail to deliver payment for items purchased by you;
• circumvent or manipulate our fee structure, the billing process, or fees owed to THE UNIQUE BID;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm THE UNIQUE BID, or the interests or property of THE UNIQUE BID users;
• copy, modify, or distribute content from the Sites and THE UNIQUE BID's copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, personal and financial information without their consent.

Fees and Services

Joining THE UNIQUE BID is free. We do charge fees for bidding on items. When you bid on an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our listed Bidding Fee, which we set individually for each item listed. Each item will list the bidding fee and upon bidding your account will be immediately charged for the bidding fee. We may choose to temporarily change the fees for our services for promotional events (for example, free bid products) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and/or legal counsel) If you are the winning bidder of an auction and payment cannot be secured within five (5) business days after the first attempt The Unique Bid Corp. reserves the right to reclaim the item and either repost it as a new item to be bid on OR select the next most appropriate bid from the auction and award that bidder the auction.

Abusing THE UNIQUE BID

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Content

For the convenience of bidders, we may utilize stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that they will always be accurate and up-to-date. You agree that you will not hold THE UNIQUE BID responsible for inaccuracies. They may include copyrighted, trademarked or other proprietary materials. You may use them only for informational purposes. You may not use content in a way that infringes or violates anyone’s proprietary rights.

Liability

You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow registered users to bid on listed items using a blind bidding process. The auctions have no time frame and will be closed upon meeting the required number of bids.

Nothing in this agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $50.

Release

In the event of any dispute, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. This general release extends to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Access and Interference

Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to THE UNIQUE BID by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the sites without the prior expressed written permission of THE UNIQUE BID and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
• bypass any measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the “The Unique Bid Privacy Policy”. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the “The Unique Bid Privacy Policy”. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on THE UNIQUE BID's then listed mailing address (in the case of THE UNIQUE BID) or to the email address you provide to THE UNIQUE BID during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Dispute Resolution

If a dispute arises between you and THE UNIQUE BID, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and THE UNIQUE BID agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the ContactUs help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against THE UNIQUE BID must be resolved by a court located in Dallas County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against THE UNIQUE BID must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, THE UNIQUE BID may recover attorneys' fees and costs up to $1,000, provided that THE UNIQUE BID has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

Changes take effect when we post them on the THE UNIQUE BID site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time and, or, within individual listings. All such policies or rules are hereby incorporated into this Agreement.

General

The Unique Bid Corporation is located at P.O. Box 702551, Dallas, TX 75370. If you reside outside of the United States and registered on THE UNIQUE BID, your bids may be invalid. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 5 days after they are initially posted. Additionally, we may notify you through the THE UNIQUE BID Messaging System. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.