|
Terms of Use
Last Updated: 8/10/2021
Each FIREBIDZ auction is sponsored by FIREBIDZ and FIREBIDZ's brand partners.
Welcome to FIREBIDZ! These Terms of Use (the "Terms") apply to your use of the FIREBIDZ ("FIREBIDZ," "we," or "us") online interfaces and properties,
including the FIREBIDZ.com website and FIREBIDZ mobile applications (the "Site"), and the buying of or bidding on goods or other services offered
by FIREBIDZ through the Site. These Terms are a legal agreement and your use of FIREBIDZ's Services constitutes your acceptance of the
Terms contained herein and FIREBIDZ's Privacy Policy incorporated herein by reference. You must register and accept these terms in order
to use the Services. If you do not agree to these Terms or the Privacy Policy, you may not use the Services or any other services provided by FIREBIDZ.
BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE.
READ THESE TERMS CAREFULLY BEFORE ACCESSING THIS SERVICE OR THE SITE, OR CLICK-ACCEPTING THESE TERMS WHEN REGISTERING TO USE THE SERVICES. THESE TERMS HAVE LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT, YOUR RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO BRING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AGAINST FIREBIDZ. AS USED IN THESE TERMS, THE SITE MEANS THE ENTIRETY OF THIS WEBSITE AND MOBILE APPLICATIONS INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, SERVICES, INFORMATION, AND ANY PORTIONS THEREOF. THE FIREBIDZ SERVICES ARE ANY SERVICES OFFERED OR PROVIDED BY FIREBIDZ AND THE SERVICES AND THE SITE ARE COLLECTIVELY REFERRED TO AS THE SERVICES.
BY BUYING OR BIDDING FOR PRODUCTS OR BY OTHER USE OF THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.
THE FIREBIDZ SERVICES ARE OFFERED AND MAY ONLY BE USED BY PERSONS OVER THE AGE OF 18. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FIREBIDZ, AND THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS DESCRIBED IN THESE TERMS. YOU MAY NOT ORDER, BID, PURCHASE, OR OBTAIN PRODUCTS OR SERVICES THROUGH THE SERVICES IF YOU (I) DO NOT AGREE TO THESE TERMS, (II) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH FIREBIDZ, OR (III) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES' CONTENTS OR GOODS BY APPLICABLE LAW.
FIREBIDZ will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, FIREBIDZ may restrict access to some or all parts of the Services to users, including registered users.
When using the FIREBIDZ Services, a user may spend money on Bids without receipt of physical items. You are solely responsible for your spending, bidding, and purchasing when using the Services. FIREBIDZ is not responsible or liable for your bidding or spending on FIREBIDZ or through any of the Services. Furthermore, you are solely responsible for, and FIREBIDZ is not responsible for and shall not be liable for, any items that you bid on or purchase through the Services. It is your sole responsibility to only purchase items that you have fully read the product descriptions of and are familiar with. You are solely responsible for your purchases.
Changes to these Terms
FIREBIDZ reserves the right to withdraw, change, or modify these Terms, the Services, or any policy or guideline related to the Services, at any time and from time-to-time in its sole discretion, without notice. Any changes will be effective upon posting of the revisions on the Site and it is your responsibility to check these Terms each time before using the Services so you are aware of any changes, as they are binding on you. Your continued use of this Site and the Services following our posting of them will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES.
Eligibility
The target market for the Services is the United States of America. Only residents of the aforementioned countries are allowed to use the Service. FIREBIDZ reserves the right to restrict availability of auctions and delivery of items based on the country of the user. The country of the user is identified based on their IP address. The user is responsible for notifying FIREBIDZ at [email protected] in case of their country of residence is identified incorrectly.
Items purchased through the Services may only be delivered to the continental United States. FIREBIDZ and/or brand Partners do not deliver to PO Boxes or to freight forwarding companies.
General Policies
The FIREBIDZ policies accessible throughout the Site are expressly incorporated by reference into these terms, and you should review each carefully. The procedures and guidelines contained below explain the auction process. The FIREBIDZ Privacy Policy governs the collection and use of user information on the Site. The FAQ provides additional detail on how the Services work, and the Service Rules set out important details governing every user's rights and obligations.
Contractual Obligations
The auction process is a method in which the Site solicits offers from buyers for the sale of lots. By submitting bids, you are making a legal offer to buy the lot. Once a bid is accepted, a contract is created between the buyer and the Site for the sale and purchase of the lot in accordance with the terms disclosed at the time of the auction. By using the Services and bidding on a lot, or by using the 'Buy It Now' function, you agree to complete the transaction as described and fulfill any and all contractual obligations.
Access to Systems
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Services or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, macros or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site.
You agree not to interfere with the Site, Services, or any transaction and agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on or through the Services. You agree not to impose any unreasonably or disproportionately large load on FIREBIDZ's systems or facilities. You agree not to put any material on the Site that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. Violations of system or network security may result in civil or criminal liability. FIREBIDZ will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Bidding
Each FIREBIDZ bid (a "Bid") is a limited, non-transferable, one-year license to place one bid on a FIREBIDZ auction. Bids have no monetary value; are not credited against the purchase price of products purchased on the Site; and may not be exchanged for money or any items of monetary value.
Due to the billing of charges, FIREBIDZ would like to advise all users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding practices.
Fraud and Other Restricted Behavior
You acknowledge that in order to maintain fair and honest auctions, FIREBIDZ retains the right to monitor and enforce any fraudulent or malicious activity on the Site. You acknowledge that you have read what these activities include, but are not limited to, in these Terms, the "Service Rules" policy, and you agree not to engage in any of these, or any other fraudulent or malicious activities. As stated herein, FIREBIDZ reserves the right to temporarily or permanently suspend any user account engaged or suspected to engage in any such activities.
You may not register and make bids under a false name or with an invalid credit card. Such fraudulent conduct is a violation of federal and state laws. Fraudulent bidders may be reported to relevant state and federal law enforcement agencies and FIREBIDZ will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
A bidder may not resell any product or service obtained through the Site and Services without prior written consent from FIREBIDZ. Moreover, a user may not use the products to create any investment scheme, commodities contract or pool or otherwise to use FIREBIDZ as a product delivery mechanism for a brokered or 'middleman' agreement or obligation. If it is discovered that a user is, in fact, reselling products obtained from FIREBIDZ, we reserve the right to suspend the account without further notice, voiding all auctions in which the user has participated. Additionally, the user may be required to compensate FIREBIDZ for any damages.
FIREBIDZ reserves the right to refuse any order you place with us. FIREBIDZ may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, geographic region, and/or orders that use the same phone number, billing and/or shipping address. In the event FIREBIDZ changes or cancels an order, FIREBIDZ will attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made. FIREBIDZ reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, distributors and others who violate these Terms.
No user may permit or assist others to use the Services for any purpose other than that for which they are intended. A user shall not permit or assist others to abuse or fraudulently use the Services, including but not limited to the following:
Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment; accessing, altering, or destroying any information of another FIREBIDZ user by any fraudulent means or device, or attempting to do so; or Using Services so as to interfere with the use of FIREBIDZ network by other users or authorized users, intentionally or not; or in violation of the law or in aid of any unlawful act. Each user acknowledges that FIREBIDZ's network may only be used for lawful purposes. FIREBIDZ reserves the right to monitor all network activity. While using FIREBIDZ, each user agrees to refrain from the following prohibited acts:
Maintaining more than one account or maintaining control or influence over more than one account;
Infringing upon the intellectual property of FIREBIDZ, establishing a competing site, or otherwise copying or using the data on the Site for any reason other than bidding on products for the bidder's own use;
Manipulate the bidding process by placing fictitious bids, colluding with other parties to create the illusion of volume ('marking the close' or 'painting the tape'), or engaging in any other disingenuous or fraudulent activity that undermines the integrity of the online market;
Breaching FIREBIDZ's policies;
Attempting to harvest or otherwise collect information about users, including email addresses;
Attempting to upload or download any computer virus;
Attempting to transmit via email any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of email solicitation to other users;
Attempting to communicate with other users to promote or provide instructional information about illegal activities, promote physical harm, or injury against any users.
Viewing and/or downloading or uploading pornographic pictures or stories.
Attempting to attack other people's internet connections, Web Sites or computers, or damage or deface anyone else's Web Site.
Collusion/Team Play
Any kind of collusion or team play is strictly forbidden on FIREBIDZ. By definition, this includes, but is not limited to, two or more members working together as a team, or creating the impression that there are more people involved and competing to win an auction than there actually are, or placing bids until Buy it Now offers are earned and then switching over to another account to continue to earn further Buy it Now offers on the same deal.
FIREBIDZ does not allow two members that know, or are associated with, each other to participate in the same auction. Two members participating in the auction are by definition engaging in team play, and automatically lose their right to purchase the Deal or receive any of their spent bids back.
We reserve the right to disqualify, in our absolute discretion, any users we suspect to be working in a team by voiding all their wins and freezing their accounts. No funds or Bids will be returned or transferred into other accounts. If a user is found to have violated these Terms, any free Bids provided to them and used, including those provided in the past, must immediately be paid for by user at their current selling price.
Passwords/Equipment
You may not disclose your username and password to any third party and you agree that you are solely responsible for any use of or action taken under your account. Your password may be used only to access and use the Services. If your user credentials or password is compromised or otherwise disclosed, you must notify FIREBIDZ and change your password immediately in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment necessary to use the Services, including, without limitation, computer hardware and software, modems, network or Wi-Fi connections and telephone service. Further, you are solely responsible for (a) maintaining the security of your personal information, including, without limitation, account and login information, passwords, and financial information; (b) all telephone and toll charges which may apply to your account depending on your location; and (c) any other charges resulting from the use of your account.
Investigation of Violations
We may investigate any violation of these Terms, our policies or guidelines, or any other complaints and take any action that we deem appropriate and reasonable under the circumstance to protect our systems, facilities, users and/or third parties. Our actions may include, but are not limited to, issuing warnings, suspension or termination of the Services or any user accounts, and/or removal of or disabling access to content hosted on FIREBIDZ's systems. We reserve the right and have absolute discretion to remove or disable access, screen, or edit any content that violates these provisions or is otherwise objectionable. FIREBIDZ also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.
License
By using the Services and submitting any information or materials to FIREBIDZ ("Licensed Materials"), you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to use, reproduce, modify, display, and distribute the Licensed Materials, in any existing or future media, known or unknown. Any Licensed Materials you provide to FIREBIDZ will be considered non-confidential and non-proprietary. You agree not to use the Services to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, including the Content Standards set forth below. You acknowledge and warrant that you have the right and authority to provide such license to FIREBIDZ. You understand and acknowledge that you are responsible for any Licensed Materials you submit or contribute, and you, not FIREBIDZ, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. FIREBIDZ is not responsible, or liable to any third party, for the content or accuracy of any Licensed Materials posted by you or any other user of the Services. FIREBIDZ has the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
You understand and agree that FIREBIDZ or its licensors hold all right, title, and interest to the Services and all intellectual property, material, content, and features provided through the Services, and the design, selection, and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it was provided to you, or (iii) your geolocation. You understand and agree that you may only use the content available provided to you through the Services, unless otherwise expressly provided by FIREBIDZ. You may not conduct the following activities through the Services: (a) any resale or commercial use of the Site or Services, (b) the collection and use of any e-mail or user information, ratings, or listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.
You agree not to make use of any other users' information other than as necessary to participate in the Site and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by FIREBIDZ regarding another user of the Services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from the Site, including the use of third-party services, (b) for communications with us, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by FIREBIDZ except as provided by these Terms or with our written consent. You further agree not to use any information accessible from the Site for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Content Standards
Your Licensed Materials shall not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or FIREBIDZ's Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
FIREBIDZ has the right to remove or refuse to post on the Service any Licensed Materials for any or no reason in its sole discretion. However, FIREBIDZ cannot review all Licensed Materials before it is posted on its Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, FIREBIDZ assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. FIREBIDZ has no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.
Registration with FIREBIDZ for Use
To use the Services, you must first register for an online user account, consisting of a username, password, credit card information, billing address, and other information as may be required by FIREBIDZ. You may register only once and may only have one account at FIREBIDZ for your personal use. Additionally, each household or "group of users associated with each other", determined by the sole discretion of FIREBIDZ, may not register or have control over more than two FIREBIDZ member accounts. If a single person is found to have or maintain control over several accounts on FIREBIDZ, or if a household or a "group of users associated with each other" is found to have or maintain control over more than two accounts on FIREBIDZ, all accounts will be immediately suspended, all auctions the accounts have participated in will be voided, and any Bids purchased will be removed without prior warning and without any form of compensation.
During the registration process, the user must choose a username. The username may not offend common decency or infringe upon the rights of third parties. The username may also not be misleading in any way or, in FIREBIDZ's judgment, closely resemble the identity of an existing user. It is a condition of your use of the Services that all the information you provide through the Services is correct, current, and complete. You agree to maintain and promptly update your user account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or FIREBIDZ has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, FIREBIDZ may suspend or terminate your account or access to the Services. If you abuse your user account, whether it harms a third party or FIREBIDZ, you may be disqualified and, if applicable, FIREBIDZ may notify applicable authorities of the possibility of a crime.
ACCOUNTS AUTHORIZED TO USE THE SERVICES CANNOT BE TRANSFERRED OR USED BY ANYONE OTHER THAN THE AUTHORIZED ACCOUNT HOLDER. USE OF THIS ACCOUNT BY A PERSON OR PERSONS NOT AUTHORIZED BY FIREBIDZ IS STRICTLY PROHIBITED. NO MORE THAN ONE LOG-IN SESSION OR ONE AUTHORIZED ACCOUNT USER CAN BE ACTIVE AT A TIME FOR ANY ACCOUNT. EXCEPT AS OTHERWISE PERMITTED BY THE BIDBUDDY SYSTEM, ACCOUNTS WHICH HAVE BEEN TRANSFERRED IN WHOLE, PART, OR PROXY BIDDING TO OTHER PARTIES, OR SHOW OTHER ACTIVITY IN VIOLATION OF THESE TERMS, ARE SUBJECT TO IMMEDIATE TERMINATION. FIREBIDZ RESERVES THE RIGHT TO MAINTAIN LOGS OF ACCOUNT ACTIVITY AND TO USE SAID LOGS FOR THE PURPOSE OF DETECTING USAGE IN VIOLATION OF THESE TERMS.
FIREBIDZ reserves the right to at any time temporarily or permanently disqualify a user for violating these Terms. Users will be disqualified when, in FIREBIDZ's reasonable opinion, a user has violated any law, regulation or equitable interest in favor of a third party, such as protecting users and the Service from manipulation. Examples of the foregoing include, but are not limited to, (i) honoring bids of users who have not paid for the Bids, (ii) the use of unauthorized bidding software, or (iii) establishing several user accounts for the same person. Moreover, FIREBIDZ reserves the right to cancel unauthorized FIREBIDZ accounts or accounts that have been inactive. Each user agrees not to hold FIREBIDZ responsible for any loss incurred as a result of such action.
Bid Purchasing for Online Bidding / Payment
All prices are quoted and payments processed in United States dollars. The user is responsible for conversion rates and fees which may occur in case of a currency conversion done by their bank or payment processor.
FIREBIDZ Bids must be purchased by users prior to online bidding. Only registered users can submit the online bids, which can be purchased in packages (so-called 'Bid Packs') at the currently applicable prices, which can be viewed in 'My Dashboard' under 'Buy bids'. The Bids must be paid for in advance. When the Bids are purchased and deposited into the user's FIREBIDZ account, a contract for the purchase of the Bids materializes. The associated invoice is due immediately. If a user is suspended for whatever reason, all of their Bids will be forfeited and will not be refunded.
Users who have won an auction and paid for a product are not eligible for a refund on either Bid purchases, account activation fees, or product fees if their product has been shipped by the time of request.
Should a payment not be honored for a user, a returned payment fee will be charged. The user shall be solely responsible for these fees. FIREBIDZ reserves the right to block access to the user account until full payment is received by FIREBIDZ for the outstanding amount, including any fees due to returned payment, etc. FIREBIDZ may withhold any outstanding deliveries until it receives full payment. The user's bank may or may not charge the user an international payment fee in connection with a credit card payment on the FIREBIDZ site. It is the sole responsibility of the user to be familiar with the policies and practices of his or her bank for such fees. FIREBIDZ holds no responsibility for additional payment fees of any kind issued to the user by the user's bank.
FIREBIDZ reserves the right to sell Bids at any discounted price to specific user groups for promotional purposes. All FIREBIDZ users understand that they may from time to time receive unique offers to buy discounted Bids and that other users may do so as well. Similarly, users may see different product pricing, based partly on the activity characteristics of that user. FIREBIDZ may issue any number of free bids to users or user groups as part of special promotions or for any other reasons at its discretion.
FIREBIDZ reserves the right to, at its discretion, remove any sign up or other promotional Bids that have been added to a user's account for free at any given time without further notice.
No Questions Asked 100% Money Back Guarantee
Bidders on FIREBIDZ are entitled to a No Questions Asked 100% Money Back Guarantee on their first Bid purchase. Should a bidder be unsatisfied with the Services for any reason, they are entitled to get their entire first Bid Pack purchase fully refunded in accordance with these Terms. To qualify for a refund, users must email [email protected] within 90 days of purchase and request for the refund. The refund will be credited back to you in 7 business days. The refund will be granted regardless of if you have won or lost auctions, or whether you have Bids left on your account or not. Only 1 refund per person.
A bid is registered and counted only when FIREBIDZ's system registers the bid. A bid is not counted and valid when it is sent from the user's Web browser, but when FIREBIDZ's servers receive and register the bid request. All bids are final. All bids and their associated fees are non-refundable.
To comply with fair and honest auction practices, FIREBIDZ will reschedule auctions that end prematurely due to severe third party or technical problems to a later time. In such events, where all bidders aren't able to participate normally in the auctions, FIREBIDZ will return all used Bids from such rescheduled auctions to all involved bidders.
FIREBIDZ reserves the right to, from time to time review the guidelines for any winning limits and may at any time under its sole discretion limit accounts from winning an excessive amount of auctions. FIREBIDZ attempts to limit some auctions to users of comparable skill, as determined by FIREBIDZ, to enhance user experience and equal chances of winning auctions. In so doing, FIREBIDZ may limit which auctions are available to particular users based on any factors deemed appropriate by FIREBIDZ in its sole discretion, including experience of the user, historical success of the user, demographic factors, prior bidding and spending activity, and other factors. In particular, FIREBIDZ may limit certain auctions to less experienced or successful users in any manner FIREBIDZ deems appropriate to optimize the overall user experience of all FIREBIDZ users. You acknowledge that You may be, and you consent to being, excluded from auctions at FIREBIDZ's discretion.
This limit is put in place to ensure that all users have a high quality of user experience.
How the Auctions Work
Auctions at FireBidz work a little differently than the average Penny Auction Site. When an item goes up for auction, the auction can last up to 7 days. The auction can end at any time during the 7 day life cycle of the event. The initial price will be set at $.01 and increased by $.01 each bid. There are no bid packs at FireBidz so points are spent from the credit bucket. Below is an example of how a bid will go on the site.
EXAMPLE -
Initial bid – 101 Points (Bidder 1)
Next bid – 102 Points (Bidder 2) – New Holder
Next bid – 103 Points (Bidder 3) – New Holder
Next bid – 104 Points (Bidder 4) – New Holder
Auction Ends – Bidder 4 wins the auction.
** Won Item Ships Within 72 Hours **
The user who submits the highest bid and is the last to bid wins the auction. All other Bids on the item expire and will not be refunded. The last bidder is determined based on the records in FIREBIDZ's database and FIREBIDZ's decision regarding the identity of the last bidder shall be final. If a bid is placed too late, does not reset the timer of an auction or is not correctly registered by the system, it is then invalid. Even though this bid may be the last bid on an auction, it is the last and highest valid bid on an auction that wins the auction. A contract to purchase the item does not materialize until the auction is finished and the last bidder has followed all the steps provided for in this Section. The purchase contract will exist between FIREBIDZ and the user who has submitted the highest bid up until the point when the last bidder has submitted the last qualifying bid of the respective auction.
All bids are final whether you win or lose an auction. points used during the bidding process are NOT returned to your credit bucket. We will however offer full money back guarantees for any funds not spent in an auction at ANY time.
With each bid submitted, the price of the item on which the user is bidding increases to the new bid amount. Any and all previous bids that have been submitted are canceled. All submitted bids are nonrefundable. A bid submitted by the user constitutes an offer from that user to FIREBIDZ to conclude a contract to purchase the item.
Bidding
After you successfully register your account, each member has the option to buy points to put into their point balance. Once points are purchased, they no longer have any monetary value of their own. As a general rule, any credit that have not been used can be refunded for their initial purchase price at any time.
During a live auction, any bid placed on an item is immediately subtracted from your point balance and applied to the target item. This action puts the bidder in the Holder role. The “Holder” role means that you are the lead bidder for the item. When the auction ends; the Holder wins the auction and the item is shipped within 72 hours.
Each auction can end at any time. Auctions will show the going price. There are no countdowns. We are doing this so that computer programs are not easily used to create an advantage for computer savvy individuals. We also do this so there is a reason to bid on the item early on to make sure you are the front-runner. We @ FireBidz are more interested in making little profit per item vs. gouging the end-user for every possible penny. We are looking more to gain a profit by the number of auctions we run each day.
ALL BIDS ARE FINAL WHETHER YOU WIN OR LOSE AN AUCTION. points USED DURING THE BIDDING PROCESS ARE NOT RETURNED TO YOUR BIDDING BUCKET. WE WILL HOWEVER OFFER FULL MONEY BACK GUARANTEES FOR ANY FUNDS NOT SPENT IN AN AUCTION AT ANY TIME.
With each bid submitted, the price of the item on which the user is bidding increases to the new bid amount. Any and all previous bids that have been submitted are canceled. All submitted bids are nonrefundable. A bid submitted by the user constitutes an offer from that user to FIREBIDZ to conclude a contract to purchase the item.
FIREBIDZ is not responsible for third party abuse and manipulation of the FIREBIDZ service, for example, if other users create chaos on the Site that then results in lost bids. In that case, and other cases of third party abuse, FIREBIDZ is not responsible.
FIREBIDZ is constantly attempting to maintain fairness and balance in its auctions therefore some new users or users who have lost auctions may receive special promotions, access to special auctions, and/or free Bids through site features. This is designed to maintain fair practice and helps balance and create a great auction experience for all users.
Notification of the Win / Acceptance of the Win / Payment
After the auction has ended, the highest bidder ('winner') who is logged on with FIREBIDZ will see a 'congratulation page' displayed, along with all of the important information such as the total price, the payment details, etc. The user must actively confirm the win by following the steps indicated on that page or elsewhere on the Services. As soon as the winner has paid the total amount reflected on the 'payment page', the win is accepted. The winner will also receive a notification of the win by e-mail with a request for payment.
The user may obtain and be legally entitled to the product only after the user fully pays for the product and all of the applicable Bids used to obtain the product. Should the user not pay for Bids that have already been purchased, payments received shall be viewed as payment toward the Bids not yet paid for, and a right of retention shall be exercised with regard to the item purchased at auction until all Bids and the total price have been paid in full. If the user chooses to pay for the item by credit card and the sales price is lower than $1, then the price may be rounded up to $1.
If the user does not receive the won product, the user must file in a claim of non-receipt via e-mail to [email protected] within sixty (60) calendar days of the purchase, or FIREBIDZ's obligation to deliver the product will end. No refunds of the purchase amount or cost of spent Bids to win the item will be returned to the user.
FIREBIDZ is not responsible for stolen or lost items. In the event that a product is stolen or lost, FIREBIDZ will do its best to help customers upon request, by providing tracking information received from the supplier, as well as screenshots or copies of the sales receipt and possible shipping confirmation, if available.
Cancellation / Rescission
The user may return the item in an un-depreciated condition within 30 days of receipt if not satisfied for any reason. Upon verification of the product's condition, FIREBIDZ will refund the purchase price of the product. FIREBIDZ will not refund the value of the Bids spent to obtain the product. In the event that a user wishes to return a Buy it Now order the user also forfeits all the Free Bids given to them alongside the purchase. If the user has used the Free Bids given to them, the user will need to purchase the equivalent number of Bids in order for FIREBIDZ to process the refund. Once both the item has been returned and the Free Bids removed from the user's account, a refund will be given. Only Bids that have been acquired by purchasing Bid Packs for the then-current full price shall have a right for refund within 30 calendar days of purchase (90 calendar days for first Bid pack purchase). Such paid Bids are always used first, before promotional Bids, free Bids, Bids obtained through the Buy it Now or other bids that have been obtained in any other way than paying full price for each Bid. Bids obtained during the Buy it Now process do not have any rights to refund. FIREBIDZ also grants to the user ordering products for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce. The right to cancel does not exist in the case of mail order sales and e-commerce contracts for the delivery of audio and video recordings or of software, if and to the extent that the seal on the delivered media has been broken by the user.
Right to cancel
You may cancel your contract within 30 days in written notice (e.g. letter, e-mail) to FIREBIDZ or by returning the items, without stating your reasons.
The 30 day period begins when the item is received. Receipt can be e-mail receipt to the e-mail address provided to FIREBIDZ below. Cancellation is to be sent to the following address:
FIREBIDZ
[email protected]
Consequences of Cancellation
In the case of a valid cancellation, both parties must return what has been received in performance of the contract and the benefits derived therefrom (e.g. interest) as applicable. If user is unable to return to FIREBIDZ the service or product that the user received or is only able to return it in part or only in a depreciated condition, the user must compensate FIREBIDZ for the difference in value, unless the deterioration resulted from proper use. In the case of use of items, the foregoing compensation provision will not apply if the deterioration of the item is attributable solely to it being tested comparable to those tests that may reasonably be performed in a retail store. In other respects, the user may avoid this duty to pay compensation by not using the item(s) as the user would use his/her own property, and by refraining from any action that would detract from its value. Items that can be shipped in packages are to be returned. In these cases, return is free of charge for the user. Items that cannot be shipped in packages will be picked up upon coordination with the user. A user must satisfy obligations to refund payments within 30 days after sending the user's notice of cancellation.
When a user cancels by the deadline, the user is not obligated to accept delivery. Under those circumstances where FIREBIDZ cancels by the deadline, FIREBIDZ will refund any purchase price already paid. The foregoing notwithstanding, the service charge (e.g. money spent on purchase of Bids) will not be refunded.
Users may return items received from FIREBIDZ within 30 days of receipt for any reason however are subject to applicable return shipping or pick up fees.
Should FIREBIDZ incur additional costs for insufficient postage on the return, for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment remitted by the user. Items in sets and boxes can only be returned in their entirety.
Delivery
Unless otherwise agreed, delivery will be made from FIREBIDZ's supplier's warehouse or from FIREBIDZ's warehouse to the address provided by the user. Deliveries are made solely within the continental US. FIREBIDZ may engage third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to the supplier upon taking delivery.
Should FIREBIDZ not be able to deliver the item ordered for whichever reason, FIREBIDZ is entitled to declare rescission to the user or to substitute the item with a comparable replacement product with similar features. FIREBIDZ may also choose to replace the item ordered with a gift card of the value of the item that the user may choose to use to obtain the same product. This also applies for items ordered through Buy it Now from the FIREBIDZ store.
If the product delivered is damaged, defective, or otherwise does not match the product description, FIREBIDZ will replace the product at FIREBIDZ's expense. Please contact [email protected] to arrange return and replacement of any such product. Replacement is not covered for any items shipped to a freight forwarding company and shipment to a freight forwarding company is not permitted under these Terms.
Right of Substitution
Subject to the cancellation policy specified herein, FIREBIDZ may substitute another similar item of the same general character or function, provided it has the same or higher retail value, for purposes of delivery to the user. FIREBIDZ may substitute another similar item of a lesser value if the user requests one, or furnish the user with a gift card. A gift card may be the most suitable substitute solution for challenges related to product availability or supplier challenges. Such right of substitution may be necessary from time to time if, for example, unforeseen or undetected challenges arise with the manufacturing or inventory system of the supplier, impacting the ability to deliver the exact item sought by the user.
Product Correction
If FIREBIDZ is unable to provide the user with the item auctioned due to unforeseen circumstances, FIREBIDZ reserves the right to offer the winner in its absolute discretion an alternative item in the same price range or the equivalent of the item's ultimate bid/win price. (Example: If you have won an item for $50.00 USD, the correction would be a refund of $50.00.)
Should subsequent correction be undertaken by way of delivery of the item originally auctioned, the user shall be obligated to return to FIREBIDZ the substituted item delivered within 30 days at FIREBIDZ's expense.
Merchandise Sources
You acknowledge that items sold on FIREBIDZ may come from suppliers and brand Partners working independently through the Service. All items sold are the owned and represented by the named brand partners or third-party suppliers. The selection of products and services available on FIREBIDZ is subject to change without notice.
Manufacturer's Warranty and Disclaimer
FIREBIDZ does not manufacture or control any of the products or services offered on the Service. The availability of products or services through the Service does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, FIREBIDZ does not provide any warranties with respect to the products or services offered through the Service. However, the products and services offered through the Service may be covered by a manufacturer's warranty included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, OR DISTRIBUTED BY FIREBIDZ OR THROUGH THE SERVICES ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU AFFIRM THAT FIREBIDZ SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability
IN NO EVENT WILL FIREBIDZ, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, PERSONNEL, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES INCURRED BY YOU, UNDER ANY THEORY OF LIABILITY AND HOWEVER IT MAY BE CAUSED, EVEN IF FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR REPUTATIONAL HARM, DATA LOSS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR BREACH OF THESE TERMS, YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE, OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGE OR HARM CAUSED BY INACCURACY OF THE DATA OR SERVICES PROVIDED (OR YOUR RELIANCE ON SUCH DATA OR SERVICES), CHANGES TO THE SERVICES, PERMANENT REMOVAL OF CONTENT FROM THE SERVICES (INCLUDING LICENSED MATERIAL), OR BREACHES OF THESE TERMS BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. EXCEPT AS PROVIDED ABOVE, FIREBIDZ'S SOLE AND MAXIMUM LIABILITY FOR ANY REASON, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR TORTIOUS BEHAVIOR, OR UNDER ANY OTHER CAUSE OF ACTION, WHETHER IN LAW OR EQUITY, AND FOR ANY DAMAGES ARISING HEREUNDER, AND YOUR SOLE AND EXCLUSIV REMEDY FOR ANY CAUSE OF ACTION WHATSOEVER, SHALL BE STRICTLY LIMITED TO THE ACTUAL AMOUNT PAID BY OR ON BEHALF OF THE USER TO FIREBIDZ FOR THE PRODUCT OR SERVICE GIVING RISE TO THE DAMAGE THAT YOU HAVE ORDERED THROUGH USE OF THE SERVICES.
WARNING - Seizures
Due to the flashing elements on the website, some users may experience seizures or loss of awareness or other symptoms linked to an epileptic condition, even if they have never experienced anything like this before. Anyone who has experienced such symptoms should consult a doctor before using the website.
Disclaimer of Warranties
THE SERVICES AND ALL CONTENT AND INFORMATION CONTAINED WITH THE SERVICES ARE OFFERED BY FIREBIDZ, ITS AGENTS, OR SERVICE PROVIDERS "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND (EXPRESS OR IMPLIED). USE OF THIS SERVICE IS AT YOUR SOLE RISK. FIREBIDZ DOES NOT WARRANT THE SERVICED AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS, OR THAT THE SITE OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, FIREBIDZ DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. FURTHER, FIREBIDZ DOES NOT WARRANT AND MAKES NO REPRESENTATIONS THAT THE SERVICE (OR ANY PORTION THEREOF) WILL MEET YOUR NEEDS OR EXPECTATIONS OR WILL CONTAIN INFORMATION THAT IS CURRENT, ACCURATE, OR SHOULD BE RELIED UPON. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE SERVICES, AND LINKED WEBSITES. FIREBIDZ DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your Indemnity
You hereby release, and agree to defend, hold harmless, and indemnify FIREBIDZ its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs, or expenses (including, without limitation, reasonable attorneys' fees, court costs, and other litigation expenses) arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of these Terms; (b) your improper or illegal use of the Services; (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party; or (d) your use or access of the Services, or access by anyone accessing the Services using your username and password.
Termination
These Terms will continue until either party chooses to terminate them. This may be done by you at any time upon (1) receipt by FIREBIDZ of written notice of your termination, and (2) your ceasing to use and access the Service immediately. If you access or use the Service after providing notice to FIREBIDZ, you are assenting to these Terms anew. Termination of these Terms by either shall terminate any rights you may have to use any content or Services provided. Any licenses provided to FIREBIDZ to use Licensed Material shall remain in effect unless otherwise agreed to in writing by the parties.
In its sole discretion, FIREBIDZ may terminate these Terms or prohibit or suspend access to the Services by you at any time. Termination or suspension may occur for reasons set forth in these Terms including, without limitation, if: (a) your use of the Service violates these terms or any applicable policy or guideline, is potentially illegal or harmful to FIREBIDZ or any other party, or could subject FIREBIDZ to liability or additional expense; (b) providing the Service becomes technically or commercially unfeasible; or (c) you fail to pay any charges due to FIREBIDZ.
Dispute Resolution – Agreement to Arbitration and Waiver of Class Rights
YOU ACKNOWLEDGE AND AGREE THAT YOU AND FIREBIDZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You and FIREBIDZ agree that any legal disputes or claims arising out of or relating to these Terms (including but not limited to the Services, use of the Services, or the interpretation, enforceability, revocability of the Terms, or the arbitrability of any disputes or claims) that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Terms were performed. The arbitration shall be conducted by the American Arbitration Association under its Consumer Arbitration Rules, a copy of which can be obtained at ADR.ORG site, or as otherwise mutually agreed by you and FIREBIDZ. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and FIREBIDZ agree that any claim, action, or proceeding arising out of or relating to the Terms must be brought in your individual capacities, and not as plaintiffs or class members in any class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, collective, or representative proceeding.
Applicable Law
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS.
Compliance with Laws; Taxes
You shall at all times comply with all applicable laws and regulations regarding the use of the Services and your bidding, and purchase, of items through the Services. You shall indemnify and hold FIREBIDZ harmless from your failure to so comply. You agree that FIREBIDZ shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation, or policy of any applicable government.
Purchases by U.S. Users
The purchases made on the site are subject to state use tax unless specifically exempt. The purchases are not exempt merely because the purchase is made over the Internet, by catalog, or by other remote means. If applicable, you may find the use tax forms and corresponding instructions on the Department of Taxes website of your state.
No Agency
FIREBIDZ is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.
Severability
Should any clause or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. Further, if any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms shall remain in full force and effect.
Claim Limitation.
Subject to Section 34 (Dispute Resolution – Agreement to Arbitration and Waiver of Class Rights), you agree regardless of any statute or law to the contrary that any claim or cause of action arising out of or relating to the Site, the Services, or these Terms must be filed within one (1) year after such claim of action arose or be forever barred.
Force Majeure
FIREBIDZ will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in its performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
No Waiver
You understand and agree no waiver by FIREBIDZ of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FIREBIDZ or any FIREBIDZ affiliate to enforce their rights under these Terms or at law will not be considered a waiver of such rights.
Notices
To you. FIREBIDZ may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Service. Notices sent by email will be effective when FIREBIDZ sends the email and notices FIREBIDZ provides by posting will be effective upon posting. It is your responsibility to keep your email address current.
To FIREBIDZ. You must contact FIREBIDZ as follows: (i) by personal delivery, overnight courier or registered or certified mail to FIREBIDZ [ADDRESS]; or (ii) by email at [email protected]. FIREBIDZ may update its addresses for notices by posting a notice on the Service. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier or email will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Entire Agreement
These terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
--end--
|
