Bidding at GoBid is not a guarantee that you will win. Bids cost $0.95 each and every bid adds time back to the clock, giving other bidders a chance to outbid you. The winner is the bidder who bids last according to the clock on our servers when time runs out. Some auctions pause overnight and resume in the morning. That pause may occur between 10pm and 6am Pacific Standard Time and is governed by the clock on our servers. Users are limited to 5 wins in any seven consecutive days.
TERMS & CONDITIONS
1. Introduction.
(a) These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms” or this “Agreement”), govern your use of and access to www.GoBid.com and any and all of its sub-sites (collectively, the “Website”).
(b) This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to these Terms by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether you have read these Terms or not. It is suggested that you print this form for your personal records.
(c) The owner of the Website, GoBid, Inc., a
(d) If you do not agree to be bound by these Terms, you may not enter, access or use the Website, and you should exit the Website immediately. You affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.
(e) At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then you may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
(f) You are solely responsible for obtaining access to the Website, and understand that your access to this Website may involve third party fees (such as Internet service provider or airtime charges) that are solely your responsibility.
(g) Should you need to contact GoBid, Inc. for any reason you can submit feedback, contact text based chat support or call us: 415 287 0662
2. Use of the Website. While using the Website, you shall not:
(a) Duplicate the Website or any of the materials, information or related data contained at the Website (collectively, “Materials”);
(b) Create derivative works based on the Website or any of the Materials;
(c) Remove any copyright or other proprietary notices from the Website or any of the Materials;
(d) Create a frame around the Website utilize any framing techniques in connection with the Website or any of the Materials;
(e) Violate the federal, state or local laws or regulations applicable to you in any jurisdiction to which you are subject;
(f) Fail to pay for items you purchase, unless your failure is due to a typographical error that materially impacts or affects the auctioned item’s features or functions;
(g) Engage in any activity at the Website for the purpose of improperly or deceptively manipulating prices of auctioned items, or to increase or diminish the participation of other bidders in the bidding process, or engage in improper or fraudulent activity of any sort at the Website;
(h) Engage in any activity that undermines, or may undermine, the rating system provided to users of the Website; or,
(i) Engage in any activity, or encourage any third party to engage in any activity, that is intended to harm, diminish or otherwise negatively impact the interests of the Website and/or the interests of other users of the Website.
3. Content; Intellectual Property.
(a) The Website contains images, graphics, text and related descriptive materials pertaining to items auctioned through the Website (collectively, “Materials”). The Materials may be supplied by us, by you, or by third parties. In the event that you supply Materials to us, you grant to us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide right to use, reproduce, modify, and disseminate such Materials as we deem necessary for purposes of the Website. In addition, you warrant that you have the right to supply your Materials to Us, and to grant Us the license described herein.
(b) The Materials are obtained from various sources, and We do not represent or warrant that the Materials are complete, accurate or error-free. You agree that We shall be held harmless from and against any claims, losses, expenses, penalties or other costs arising from or related to any errors or inaccuracies of the Materials, regardless of the source of such Materials.
(c) We reserve the right, but not the obligation, to remove, redact, or refuse publication at any time of any Materials that we deem inappropriate for the Website.
(d) All proprietary Materials of the Website, including but not limited to Our logo, trademarks, copyrighted materials (regardless of whether such materials are registered or not), and Our original works of authorship are Our property and/or the property of Our licensors (“Website IP”). Except as permitted by law, you shall not reproduce, distribute, or otherwise use any of the Website IP without Our written permission, which may be withheld in Our discretion.
4. Website Membership.
(a) Visitors to the Website may browse the site; however, in order to bid on auctioned items or otherwise participate at the Website, you must join the Website. In the event that you join the Website, you agree to the following:
(i) You are at least eighteen years old, and can produce a valid government-issued identification evidencing your correct age upon Our request;
(ii) Any information you provide to the Website, including all biographical information and financial information, is accurate, complete, and solely describes or relates to you and no other person;
(iii) You are voluntarily participating at the Website, and agree to be bound to the terms of this Agreement as well as any bids you make; and,
(iv) You shall not bypass any security and/or access feature of the Website, or encourage any person to engage in such behavior.
(b) If We believe that the information you provide to the Website is not correct, current, or complete, We have the right to refuse you access to Website or any of its resources, and to terminate or suspend your access at any time.
(c) Your membership at the Website many not be assigned, transferred or sold to any third party. We disclaim any and all liability arising from fraudulent entry and use of the Website. If a user fraudulently obtains access to the Website, or otherwise engages in any activity that jeopardizes the safety or security of the Website, We may terminate such user’s membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws. Membership is void where prohibited.
(d) When joining the Website, you are required to choose a user name and password (“Your Information”). You are responsible for the security and integrity of Your Information. If you have reason to believe that Your Information has been compromised or accessed improperly, you must notify Us immediately and take steps to change Your Information. You agree to hold Us harmless from and against any claims, causes of action, expenses, losses or costs arising from or relating to the unauthorized use or misuse of Your Information. It is your responsibility to ensure that the Website has the most accurate and updated version of Your Information, and you agree that we may rely on Your Information when conducting transactions with you or any person. If we believe that your user name is misleading or otherwise inappropriate for any reason, we reserve the right to change it on your behalf, without notice. Your information, as submitted to the Website must match the information listed on the payment method used for all transactions on GoBid.com. Discrepancies between name, email address, phone number or street address may be grounds for account suspension or termination.
5. Services.
(a) Unless otherwise stated, all fees and dollar amounts listed at the Website are in U.S. dollars. All payments shall be made in U.S. dollars.
(b) You are responsible for the payment of any and all shipping and handling charges, taxes, government charges and related costs that may be incurred by, or as a result of, your activities at the Website.
(c) Payment must be received by Us in full before any items are shipped to you. In the event that payment is not received within 14 days of the invoice date, we reserve the right to cancel your bid and terminate the relevant bidding transaction.
(d) Payments are nonrefundable, and there shall be no exchanges for purchased items unless such exchanges are expressly permitted by this Agremeent or otherwise permitted by Us, which permission may be withheld in Our sole discretion.
(e) Item(s) will be shipped to the winning bidder only after receiving full payment of the final auction price and all shipping and handling fees. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Those additional fees will be assessed after the close of the auction and details may not be posted on the item page. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed.
(f) You shall notify Us of items damaged in shipping or items missing upon arrival, no later than five (5) business days after delivery to you is completed. Items are warranted by Us to be free from material defects for thirty (30) days after delivery, unless otherwise specified. Prior to returning an item to Us, you must contact Our customer service department to receive return shipping information (“Return Informaion”). Shipping costs for items returned under this paragraph shall be paid by Us, provided you contact Our customer service department prior to returning goods to Us. We reserve the right to repair or replace defective goods in our discretion. Failure to contact our customer service department prior to returning any item(s) may result in our rejection of such goods. We reserve the right to refuse any items that are shipped to Us without proper Return Information.
(g) If the exact item won is not available, GoBid reserves the right to replace it with a comparable item.
6. Bidding; Your Options.
(a) You understand and agree that the Website requires you to bid against other Website members for auctioned items. We do not represent or warrant that your bid will be timely received or accepted by the Website.
(b) You understand that Our receipt of your bid depends on several factors, some of which We have no control over, including your Internet connection, the equipment you are using to access the Website, and other technological and/or telecommunication-based factors. You agree that We shall be held harmless from and against any and all claims, causes of action, expenses, costs, or losses arising from or related to any transaction in which your bid is not received, delayed or otherwise rejected by the Website.
(c) You shall ensure that you log out of your account at the end of each session at the Website. Your failure to do so may enable others to utilize your account without your permission.
7. Term; Termination.
(a) This Agreement shall be effective upon your use of, or access to the Website.
(b) You may cancel your membership at any time by sending an email to the Website and providing Our customer service department with a notice of your intent to cancel your membership along with your user name. In the event that your account is terminated or canceled as provided herein, no refund, including any of Your Credit, will be granted and shall be immediately forfeited.
(c) We may terminate your membership at any time for any reason. In the event that We terminate your membership for cause, We may immediately terminate your access to the Website, and all amounts and credits otherwise held by you shall be immediately forfeited. For the purposes of this provision, “for cause” shall include, but shall not be limited to, (i) a breach by you of any of the terms of this Agreement, (ii) your failure to pay any amounts when due, (iii) Our inability to verify or authenticate any information you provide to us, (iv) Our receipt of information that your actions are causing, or may cause, legal liability for you or for the Website.
(d) You agree that if your membership is terminated for cause, you will not attempt to re-register as a member of the Website without Our prior written consent.
8. WARRANTY; LIMITATIONS.
(a) You expressly agree that your use of the Website is at your own and sole risk. The Website and all materials contained therein are provided “as is” and except as described herein, are provided without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We will use Our best efforts to pass through to you any manufacturer warranty for any item that you purchase; however, you understand and agree that We do not control or participate in warranty-related activity, and all warranty repairs or replacements must be made through the relevant manufacturer.
(b) We do not warrant the safety or reliability of any equipment or items that you purchase at the Website. You shall use purchased items at your own risk.
(c) We make no representations or warranties that the Website or any materials contained therein will be uninterrupted, timely, secure, or error free; nor do We make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of the Website or any of the Materials contained therein.
(d) You understand that the Website cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your use of the Internet.
(e) The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise between Us and you, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
9. Limitation of Liability.
(a) In no event shall We or Our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers, be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from your use, misuse, or inability to use the Website or any of the materials contained therein, even if the Website has been advised of the probability of such damages. This limitation applies for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if the Website has been advised of the possibility of such damages.
(b) In no event shall the Website’s maximum total aggregate liability hereunder for all damages exceed the total fees actually paid by you to the Website for the transaction(s) that form the basis of your claim. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
10. Indemnity. You agree to defend, indemnify, and hold harmless Us and Our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Website or any of the Materials contained therein, or your breach of any of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We shall be provided with counsel of Our choosing, and shall control the reasonable disposition and settlement of any such claim or suit.
11. Linking. Some websites which are linked to the Website are owned and operated by third parties. Because the Website has no control over such websites and resources, you acknowledge and agree that Website is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. You further acknowledge and agree that the Website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
12. Copyright. The Website is protected by the copyright laws of the
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your notice of claimed infringement to:
Bradley J. Gross, Esq.
Becker & Poliakoff, P.A.
Please do not send other inquires or information to Our designated agent.
Upon receipt of your notice, we will comply with all the relevant takedown procedures outlined in the United State Copyright Act and, specifically, with the terms of 17 U.S.C. §512 of the Digital Millennium Copyright Act.
13. Governing Law and Jurisdiction. Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of
14. Force Majeure. We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Our performance.
15. Notice. Legal notices to Us shall be served on Our registered agent listed above by
16. Miscellaneous. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement. In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys’ fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Last modified: April 27, 2010