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BIDDING EXPERT USER AGREEMENT
This User Agreement ("Agreement") is a contract between you and Bidding Expert, Inc. and applies to your use of the Bidding Expert services and any related products available through www.BiddingExpert.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, you can not use or access our Service. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement, the Privacy Policy and the Anti-Money Laundering Compliance Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Bidding Expert. By accepting this Agreement, you also agree that your use of Bidding Expert websites and Services as well as those of our partners and associates will be governed by the terms and conditions posted on those websites. Bidding Expert may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Bidding Expert," "we" or "our" will refer collectively to Bidding Expert, Inc.
1. Your Use of BiddingExpert.Com
In order to use the Service, you must register for an account. Users may only hold one account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk.
2. The Legal Relationship between You and Bidding Expert.
Bidding Expert acts as a drop shipper and a financial facilitator to help you accept payments from and make payments to third parties. We act as your agent based upon your direction and your requests to use our Services.
You agree that you will not receive interest or other earnings on the funds that Bidding Expert handles as your agent. Bidding Expert will also not receive interest on those funds.
By initiating and sending payments through the Service or adding funds to your balance, you appoint Bidding Expert as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and restrictions of this Agreement. If the balance in your account is not sufficient to fund your payment fully, Bidding Expert will obtain the remaining funds per your instructions. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and Bidding Expert holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled. Through the Bidding Expert website, you can manage your account and may provide instructions to withdraw or increase the funds in your account or complete a transaction.
3. Bidding Expert is a Transaction Facilitator.
Bidding Expert acts as a financial facilitator and drop shipper by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction, nor can we guarantee the quality of the product that is the subject of the transaction.
4. User Verification.
We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize Bidding Expert, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include requesting that you provide government issued identification, detailed personal information and verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Bidding Expert cannot and does not guarantee any user's identity.
5. Qualifications for Use.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Bidding Expert, Inc. account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Bidding Expert does not associate or conduct business with individuals found on the Specially Designated Nationals and Blocked Persons list (SDN list) of known or suspected terrorists or terrorist organizations. In addition to the terms set forth in the previous paragraph, you are eligible for an account only if you are not a resident of one of the countries listed below:
Iran, Iraq, Syria _____________________________________
6. Your Information and Restricted Activities.
"Your Information" is defined as any information you provide to us or other users in the registration, payment process, or other features of our Service. You are solely responsible for Your Information. To enable Bidding Expert to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right to exercise the copyright, publicity, and database rights you have in Your Information. Bidding Expert will use and protect Your Information in accordance with our Privacy Policy.
Your Information and your activities (including your payments and receipt of products) through our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) violate Bidding Expert's Policies; (d) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (e) violate any law, statute, ordinance, contract or regulation; (f) be obscene or contain child pornography; or, (g) contain any viruses or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or other personal information. If you use, or attempt to use the Service for purposes other than sending and receiving payments, selling and receiving products, and managing your account, your account will be terminated and you will be subject to damages and other penalties.
7. Privacy and Security.
We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important 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 should only log in to your Bidding Expert account on a page that begins with https://www.BiddingExpert.com/. All of our pages begin with https://www.BiddingExpert.com/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.Bidding Expert.com. If you object to your information being transferred or used in this way, please do not use our Services.
8. Fees.
All fees for transaction facilitation are set forth in the Fee Schedule at BiddingExpert.com. All fees will be assessed in U.S. Dollars. Additional information about Bidding Expert's fees is available on the website. Your account and all transactions are made and displayed in U.S. dollars unless otherwise specified and may be subject to exchange rates. In addition, you may be responsible for costs of Bidding Expert Services relating to mail delivery of goods and products, expenses relating to conversion of currency, and any other expenses related to the facilitation of a particular transaction.
9. Payments and Transfers.
In order to send payments through our Service we require you to provide Bidding Expert with a number of forms of identification as further described and covered in our Privacy Policy and AML Compliance Policies. We require this information to authenticate your identity and to determine how much you may send with your account. We may require additional information from you depending on your location and other factors.
When you make a payment through Bidding Expert that is funded with an electronic wire transfer from your bank account, Bidding Expert, for domestic transactions, will make electronic transfers via the Automated Clearing House (ACH) system from your U.S. bank account in the amount which you specify. However, for international transactions direct bank to bank wire transfers are used by Bidding Expert that are not subject to the Automated Clearing House system. You agree that your transfer requests constitute your authorization for such transfers. Bidding Expert will never make transfers from your bank account or your account with Bidding Expert without your authorization.
10. Withdrawals.
In order to withdraw money from your Bidding Expert account we require you to provide Bidding Expert with a number of forms of identification as further described in our Privacy and AML Compliance Policies. We require this information to authenticate your identity and to determine how much you may withdraw from your account. We may limit withdrawals and require additional information from you depending upon your location or country of residence, other factors. You may withdraw funds by direct deposit to the bank account you have on file with us or you may elect to receive a money order.
Also, when we receive "cash-out" request from a User asking for a direct wire transfer, we verify that; (1) the bank has a SWIFT code, i.e. the bank is the member of SWIFT network (http://www.swift.com) that performs comprehensive screening process for all of its members (2) the bank, if located internationally, has a corresponding account in a U.S. bank (3) the bank has a web site with its license information, and (4) the User's name and address on the bank transfer is the same as listed in our system.
11. Termination of Service.
You may close your account or terminate our services at any time on the Bidding Expert website. Upon closure of an account, any pending transactions will be cancelled and any balances refunded to you after a final accounting. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you, assuming all withdrawal related authentication requirements have been fulfilled. You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, Bidding Expert may continue to hold your funds for up to 60 days, or as appropriate to protect Bidding Expert against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, Bidding Expert will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable laws for unclaimed property.
12. Bidding Expert's Rights.
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you electronically, by telephone or via U.S. and International mails, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions, limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant fraud risk to us; or (d) your use of your Bidding Expert account is deemed by Bidding Expert to be in violation of Federal, State or International laws. Bidding Expert reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and pay you all of the funds held in your Bidding Expert account, less any appropriate adjustments for fees. Additionally, to secure your performance of this Agreement, you grant to Bidding Expert a lien on and security interest in your account. In addition, you acknowledge that Bidding Expert may setoff against any accounts you own for any obligation you owe Bidding Expert at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. Bidding Expert may consider this Agreement as your consent to Bidding Expert's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
13. Bidding Expert's Intellectual Property.
BiddingExpert.com, Bidding Expert, and all related logos, products and services described in this website are either trademarks or registered trademarks of Bidding Expert, Inc., or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bidding Expert. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bidding Expert and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bidding Expert.
14. Waiver and Release.
In the event that you have a dispute with one or more users, you release Bidding Expert (and our officers, directors, agents, contractors and employees) from any and all claims, demands and damages (direct and consequential) of every kind and nature arising out of or in any way connected with such disputes.
15. Exclusion of Warranties.
BIDDING EXPERT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Bidding Expert shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, money orders, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control.
16. Limitation of Liability.
IN NO EVENT SHALL BIDDING EXPERT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
17. Indemnification.
You agree to indemnify and hold Bidding Expert, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including costs and attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
If you use the Bidding Expert service in a manner that violates our policies, your account will be subject to limitation or immediate termination, as stated in the Bidding Expert AML Compliance Policy posted at BiddingExpert.com.
You agree that, if Bidding Expert commences litigation against you in connection with this agreement, and Bidding Expert is the prevailing party, it will also be entitled to recover reasonable attorneys' fees and any other costs incurred in such proceeding, in addition to any other relief to which Bidding Expert may be entitled.
19. Disputes.
You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. In the event a dispute arises between you and Bidding Expert, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Bidding Expert agree that any controversy or claim at law or equity that arises out of this Agreement or Bidding Expert's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Bidding Expert strongly encourages Users first to contact Bidding Expert directly to seek a resolution. Bidding Expert will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Any Claim may be adjudicated by a Court of competent jurisdiction located in Queens County, New York or where the defendant is located (in Bidding Expert's case, Rego Park, New York, and in your case, your home address or principal place of business). You and Bidding Expert agree to submit to the personal jurisdiction of the courts located within the county of Queens, State of New York City, for the resolution of any and all disputes pursuant to this agreement or your use of Bidding Expert services. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Disputes between you and Bidding Expert regarding our Services may be reported to Customer Support online, through info@biddingexpert.com at any time, or by calling (718) 997-0019 from 9 AM to 5 PM Eastern Time, or by contacting Bidding Expert in writing at Bidding Expert, Inc., 97-25 64th Ave. Suite 2G, Rego Park, New York, 11374, USA.
20. Notice.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Bidding Expert in electronic form. Electronic Communications may be posted on the pages within the Bidding Expert website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing."
Except as explicitly stated otherwise, any notices shall be given by postal mail to Bidding Expert Inc., Attn: Legal Department, 97-25 64th Ave. Suite 2G, Rego Park, New York, 11374, USA. (in the case of Bidding Expert) or to our online message center. Alternatively, we may give you notice by email to the email address you provided during the registration process or by regular mail to the address provided to Bidding Expert during the registration process.
21. Miscellaneous.
This Agreement contains the entire agreement between you and Bidding Expert regarding use of services, and all matters directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Failure of Bidding Expert to enforce any provision shall not be deemed to be a waiver of any rights to enforce any provision of this or any other agreement. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Bidding Expert. Bidding Expert reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
22. Acknowledgement.
You hereby acknowledge and affirm that you have read this entire agreement and that you AGREE and ACCEPT all its terms and conditions.
23. Questions and Contact Information.
Please contact Customer Support online, through info@biddingexpert.com at any time, or call (718) 997-0019 from 9 AM to 5 PM Eastern Time, or by contact Bidding Expert in writing at Bidding Expert, Inc., 97-25 64th Ave. Suite 2G, Rego Park, New York, 11374, USA, should you have any questions or require additional information regarding your account or any of Bidding Experts policies.
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