Western Bid, Inc.
Изложенныe ниже документы, а именно: User Agreement (Пользовательское соглашение), Privacy Statement (Условия Конфиденциальности) и Prohibited Product List (Список Запрещенных Товаров) содержат условия обслуживания компанией Western Bid, Inc. (именуемой далее в русском тексте — ВБ) физических и юридических лиц (именуемых далее в русском тексте – Клиент), затребовавших предоставляемое обслуживание. ВБ является владельцем онлайн-технологий (именуемых далее в русском тексте – Системой), позволяющих осуществлять обслуживание Клиента в Интернете. Приведенные ниже положения на русском языке являются выдержками из User Agreement и Privacy Statement, и не являются переводом данных документов на русский язык.
1-1. ВБ обязуется предоставить обслуживание Клиенту по его запросу в случае, если этот запрос не противоречит правилам и ограничениям на обслуживание, изложенным на сайте WesternBid.com, в Системе и в данных Условиях Обслуживания.
1-2. ВБ обязуется выполнять касающиеся обслуживания требования Клиента в случае, если они не противоречат правилам и ограничениям на обслуживание и поступили в надлежащей форме в период времени, позволяющий осуществить выполнение предьявленных требований.
1-3. ВБ обязуется информировать Клиента о ходе обслуживания в формах и объемах, указанных на сайте WesternBid.com, в Системе и в данных Условиях Обслуживания.
1-4. Клиент согласен со всеми правилами и ограничениями обслуживания, изложенными на сайте WesternBid.com, в Системе и в данных Условиях Обслуживания. ВБ оставляет за собой право менять содержание сайта, Системы и данных Условий Обслуживания без предварительного уведомления Клиента. ВБ оставляет за собой право отказать Клиенту в обслуживании на любой стадии обслуживания в случае нарушения Клиентом данных Условий Обслуживания, а также в случае, если деятельность Клиента вызовет подозрения администрации ВБ в неправомерном использовании предоставляемых ВБ услуг.
1-5. Клиент согласен пользоваться предоставленным ВБ обслуживанием в том виде, в котором это обслуживание осуществляется. ВБ не несет ответственности за возможные технические и юридические аспекты, способные вызвать нарушения в обслуживании Клиента, а также не возмещает убытки, связанные с подобными нарушениями.
1-6. Клиент берет на себя всю ответственность за пользование услугами ВБ. Ни при каких обстоятельствах ВБ не навязывает Клиенту свое обслуживание и не провоцирует Клиента на нарушение законов, уставов, правил и прочих применимых к Клиенту положений.
1-7. Клиент обязуется не вовлекать ВБ в споры, диспуты, конфликты, арбитражи и суды, прямо или косвенно связанные с предоставленным Клиенту обслуживанием. ВБ не предоставляет никаких сведений или документов об обслуживании Клиента третьим лицам*.
1-8. Клиент обязуется своевременно обеспечивать ВБ всей необходимой информацией для выполнения требуемого обслуживания. При недостатке необходимой информации ВБ оставляет за собой право не предоставлять обслуживание Клиенту.
* Любые сведения, касающиеся Клиента, могут быть переданы ТОЛЬКО государственным службам США по решению суда или по официальному запросу этих служб. Western Bid не зарегистрирована и не имеет офисов или представителей в России, Украине и других бывших советских республиках, все данные о клиентах хранятся на защищенных серверах в США.
Дата последнего обновления документа: 1 мая 2016 года.
Revised and Effective as of Мay
PART I: ACCEPTANCE OF TERMS THROUGH USE
THIS USER AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU
PART II: PROVISIONS WHICH APPLY TO
A). Your Use of Westernbid.Com and Westernbid.net
1. In order to use the Service (as defined above in Part I of this User Agreement), 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 years of age), persons who are suspended from our Service, or to persons who present an unacceptable level of risk.
2. You agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contacts and applicable licenses regarding your use of our Services. Failure to comply with this provision shall constitute a material breach of this User Agreement by you.
B). Purchase Orders; Management of Funds and Interest.
1. Western Bid acts as a commission-based trading assistant (for sellers) and product shipper (for foreign buyers) to help fulfill your purchase order need. We act as your online trade assistance platform based upon your direction and your requests to use our Services by providing purchasing and trading assistance of merchandise, delivery, guarantee and dispute resolution services.
2. By placing purchase orders and sending payments through the Service or adding funds to your balance, you appoint Western Bid as your agent to obtain the product on your behalf and to transfer the product to the recipient that you designate, subject to the terms and restrictions of this User Agreement. If the balance in your account is not sufficient to fund your payment fully, Western Bid may obtain the remaining funds per your instructions. When you send a payment for a product, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
3. You agree that you will not receive interest or other earnings on the product or funds that Western Bid handles as your agent or that you hold in your Western Bid Account.
4. Through the Western Bid website, you can manage your account and may provide instructions to withdraw or increase the funds in your account or place a purchase order to complete a transaction.
5. As a buyer, you cannot fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid or a clear typographical error is made.
C). Selling Products – Western Bid is a Commission-Based Trading Assistant
1. Western Bid acts as a trading assistant by creating, hosting, maintaining and providing our Service to you via the Internet. The sellers are responsible for shipping the product directly to the buyers. As part of our Service, we offer certain buyer-seller dispute resolution services as described elsewhere in this User Agreement.
2. As a seller, you cannot fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
3. All product dispute resolution issues must be directed to Western Bid exclusively, and all product returns and exchanges must be processed through Western Bid and its facilities.
4. All sales must comply with Western’s Bid’s Prohibited and Restricted Items Policy published on our website.
D). 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 hereby authorize Western Bid, 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. You may also receive phone calls from Western Bid as a part of verification process. However, because user verification on the Internet is difficult, Western Bid cannot and does not guarantee any user's identity.
E). Qualifications for Use
1. 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.
2. Your Western Bid 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.
3. Western Bid 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 and groups that are currently targeted by OFAC including: Balkans, Belarus, Burma, Cuba, Democratic Republic of the Congo, Iran, Iraq, Ivory Coast, Liberia, Libya, North Korea, Syria, Sudan, Zimbabwe and the Taliban. The scope of the regulations (and what Western Bid may and may not do) varies with the specific economic sanctions program. Refer to the OFAC site http://www.ustreas.gov/ofac for further updated information.
F). Your Information and Restricted Activities
1. «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.
2. You are solely responsible for Your Information.
4. 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; © violate Western Bid'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.
5. If you use, or attempt to use the Service for purposes other than making product related transactions, selling and receiving products, and managing your account, your account will be terminated and you will be subject to damages and other penalties.
6. As a product seller, product supplier and product shipper you must act in compliance with all applicable United States and International Export and Import Control Laws. Particularly, no merchandize shipment made on our behalf should be declared as a «gift» or «product sample», all customs declarations must indicate the correct value and description of products being shipped. You shall also comply with Western Bid’s Prohibited and Restricted Items Policies as it is posted and update from time to time on our website. Failure to comply with any of these policies will result in an immediate termination of service and further report to United States Custom Authorities.
7. As a product purchaser, you are responsible for complying, on Western Bid behalf, with any applicable United States and International Export and Import Control Laws. If You are unable to comply with the Export/Import Control Laws for any particular order or shipment, You must promptly cancel the order using Western Bid's Client Administration pages.
You will be fully liable for any damages suffered by Western Bid based on Your failure to comply with United States and International Import and Export Control Laws, and will fully indemnify and hold Western Bid harmless from and against any claims, losses, costs, expenses (including without limitation attorney's fees and costs), penalties, or other damages which Western Bid or its corporate affiliates may suffer which arise from,
relate to or result from Your failure to comply with Import and Export Control Laws.
More information about United States Customs Rules and Regulations might be found at www.cbp.gov
Import and Export Control Laws also include Fish and Wildlife Service regulations found at www.fws.gov
G). Privacy and Security
1. All fees for our Services are set forth in the Fee Schedule at Westernbid.com. All fees will be assessed in U.S. Dollars. Additional information about Western Bid'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 Western Bid Services relating to mail delivery of goods and products, expenses relating to conversion of currency, and any other expenses related to a particular purchase order.
2. You hereby agree that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Western Bid.
I). Product Purchase Orders
When you make a payment through Western Bid that is funded with an electronic wire transfer from your bank account, Western Bid, 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 Western Bid that are not subject to the Automated Clearing House system. You agree that your transfer requests constitute your authorization for such transfers. Western Bid will never make transfers from your bank account or your account with Western Bid without your authorization.
J). Sales Taxes
Where they are legally required to do so, sellers are responsible for collecting and remitting to the proper authorities any sales tax, value-added tax (VAT), and similar tax or similar government fees that are based on your sale of your product (collectively «Sales Taxes»).
Western Bid is a commission-based trading assistant and not a seller or reseller of any products in the United States. Therefore, Western Bid shall not be responsible for your Sales Tax obligations.
In order to withdraw money from your Western Bid account we require you to provide Western Bid 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 a 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.
L). Termination of Service
You may close your account or terminate our services at any time on the Western Bid 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, Western Bid may continue to hold your funds for up to 60 days, or as appropriate to protect Western Bid against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, Western Bid 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.
M). Western Bid'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 mail, 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; © we believe that your account or activities pose a significant fraud risk to us; or (d) your use of your Western Bid account is deemed by Western Bid to be in violation of Federal, State or International laws. Western Bid 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 Western Bid account, less any appropriate adjustments for fees. Additionally, to secure your performance of this Agreement, you grant to Western Bid a lien on and security interest in your account. In addition, you acknowledge that Western Bid may setoff against any accounts you own for any obligation you owe Western Bid 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. Western Bid may consider this Agreement as your consent to Western Bid's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this Part II (M) of the User Agreement are in addition to and apart from any other rights.
N). Incorporation of All Part III Provisions For Accountholders
All provisions of Part III of this User Agreement are hereby expressly incorporated into Part II of this User Agreement and shall apply to all Accountholders (buyers and sellers).
PART III: PROVISIONS WHICH APPLY TO ALL USERS AND ACCOUNTHOLDERS
O). Non-Commercial Use License
Western Bid grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Western Bid website. Furthermore, Western Bid grants you a limited, nonexclusive and revocable right to create a hyperlink to the Western Bid Web Site, provided your link does not portray Western Bid, its affiliates, the Western Bid suppliers, or their respective goods or services in a false, misleading, derogatory, or otherwise offensive manner.
P). Conditions and Restrictions on Use
1. Use of this Web Site is governed by this User Agreement.
2. You agree to comply with all procedures, rules and policies established by us (and communicated electronically by us to you by way of e-mail or by posting notices on this Web Site), and all applicable federal, state, and local laws and regulations, including without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101 et. seq.).
3. You agree to use this Web Site only for lawful purposes. IF YOU USE THIS WEB SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU AGREE TO BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU USE THIS WEB SITE.
4. You agree that you are responsible for obtaining access to the Web Site, including but not limited to any third party fees (such as Internet service provider or airtime charges) involved in obtaining access and for all equipment necessary to access the Web Site.
5. You may not post on or transmit through the Web Site any data, text, music, sound, photographs, graphics, video, messages or other material ( «User Content») that (i) is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive; (ii) constitutes a breach of any person's privacy or publicity rights; (iii) violates any statute, regulation or ordinance; (iv) promotes software or services that deliver unsolicited mail; or (v) promotes, encourages, or facilitates terrorism or other activities that risk United States national security.
6. You may not upload, post, e-mail or otherwise transmit any User Content on or through the Web Site that (i) contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of the Web Site or with other users of this Web Site, (ii) is knowingly untrue, inaccurate or misleading, or (iii) interferes with the operation of the Web Site in any manner.
7. You further agree that you will not:
(a) Impersonate any person or entity, including, but not limited to, a Western Bid officer, director, employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;
© Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site;
(d) Harvest, collect or store information about the users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;
(e) Use any automated procedure to gather information or data from the Web Site by means of what is commonly called a «bot» or otherwise;
(f) Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Web Site (or that of any third party that is hosting or interfacing with any part of the Web Site);
(g) Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site; or
(h) Duplicate, copy or otherwise exploit the Web Site or its contents for commercial purposes.
8. Western Bid may, at its sole discretion, suspend or terminate your access to this Web Site, without prior notice, if Western Bid believes that your conduct fails to conform to this User Agreement.
Q). Intellectual Property
1. Westernbid.com, Westernbid.net, Westernbid.info, «Western Bid», and all related logos, products and services described in this website are either trademarks or registered trademarks of Western Bid, Inc., or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Western Bid. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Western Bid and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Western Bid.
2. Nothing within this User Agreement and this Web Site shall be construed as conferring any license under the User Agreement of any of Western Bid’s intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, You acknowledge and agree that certain content available through and used to operate this Web Site is protected by copyright, trademark, patent, or other proprietary rights by us and our affiliates, licensors, and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Web Site. You agree not to use any of the trademarks or service marks or other content accessible through this Web Site for any purpose other than the purpose for which such content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Web Site. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Web Site or any software or programs used in connection with this Web Site.
3. Western Bid will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of Western Bid's materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
R). Claims of Intellectual Property Rights Violations
1. Copyright Infringement Policy. In accordance with the Digital Millennium Copyright Act ( «DMCA»), Western Bid has designated the following individual as its copyright agent to receive notification of alleged copyright infringement on Western Bid's website:
Attn: Legal Department
Western Bid, Inc.
3410 Winnetka Avenue North, Suite 105,
New Hope, Minnesota 55427
United States of America
Telephone Number: (763) 545-1768
2. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Western Bid copyright agent with the information listed below. This procedure is exclusively for notifying Western Bid that your copyrighted material has allegedly been infringed.
3. In order to be effective under the DMCA, a notification of claimed infringement must be in writing and include the following information:
a). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b). Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d). Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e). A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f). A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. If you notify Western Bid of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, User Content and other material on the Western Bid Web Site (collectively «Content») that is allegedly infringing, defamatory, damaging, illegal, or offensive, Western Bid may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Western Bid Web Site. Western Bid may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Western Bid Web Site; or (iii) to protect the rights or property of Western Bid and its officers, directors, employees, agents, third-party content providers, Western Bid Suppliers, sponsors, and licensors and any other user.
S). Unsolicited Ideas Policy
1. In order to avoid potential misunderstandings or disputes when Western Bid's services or marketing strategies might seem similar to ideas submitted to Western Bid, we adhere to a strict policy of not accepting unsolicited ideas. Western Bid and any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved services or technologies, service enhancements, processes, techniques, methods, systems, designs, plans, charts, concepts, other materials, marketing plans or new service names. Please do not send any original creative artwork, suggestions, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials to Western Bid or anyone at Western Bid.
T). Links to Other Websites
1. Although this Web Site may be linked to other web sites, Western Bid is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked web site, unless specifically stated herein.
2. Western Bid is not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their web sites. Western Bid does not assume any responsibility or liability for the actions, products, and content of any other third parties. You should carefully review the privacy statements and other conditions of use or any web site which you access through a link from this Web Site.
3. You are linking to any other off-site pages or other web sites at your own risk.
U). Limitation of Liability
1. YOUR USE OF WESTERN BID’S WEBSITE AND SERVICES IS AT YOUR OWN RISK AND NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING OR OPERATING THIS WEB SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, LOST PROFITS OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (1) THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS WEB SITE, OR (2) THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR (3) ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR (4) PURCHASE OR SALE OF ANY PRODUCT USING WESTERN BID SERVICE.
2. IN THE EVENT THAT THE PROVISION IN PARAGRAPH 1 OF THIS SUBPART IS FOUND INVALID, WESTERN BID’S 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.
3. Notwithstanding the fact that Western Bid or other parties involved in creating, producing, or delivering this Web Site may monitor or review transmissions, postings, discussions, or chats, Western Bid and all parties involved in creating, producing, delivering or operating this Web Site, ASSUME NO RESPONSIBILITY OR LIABILITY which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
V). Warranty Disclaimer
1. THIS WEB SITE, AND THE INFORMATION, ANY CONTENT CONTAINED HEREIN, AND THE SERVICE ARE PROVIDED «AS IS» AND «AS AVAILABLE,» WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
2. WITHOUT LIMITATION OF THE FOREGOING, WESTERN BID AND ITS AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THIS WEB SITE, THE SITE CONTENT THEREON, AND THE SERVICE; (II) ANY WARRANTY THAT THIS WEB SITE AND WESTERN BID’S OTHER WEB SITES WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; (III) ANY WARRANTY ABOUT THE REQUESTS FOR ELECTRONIC DEBITS AND CREDITS INVOLVING BANK ACCOUNTS, MONEY ORDERS, AND CHECK ISSUANCE; AND (IV) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE'S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE AND NON-INFRINGEMENT.
3. WESTERN BID MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEB SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF YOU USE THIS WEB SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS THIS WEB SITE, INCLUDING WITHOUT LIMITATION, THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
1. You agree to indemnify and hold Western Bid, 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 User 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 Western Bid services in a manner that violates our policies, your account will be subject to limitation or immediate termination, including as stated in the Western Bid AML Compliance Policy posted at Westernbid.com. You agree that, if Western Bid commences litigation against you in connection with this agreement, and Western Bid 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 Western Bid may be entitled.
2. The indeminification clause of Part III (W) (1) of this User Agreement shall forever survive any modifications of this User Agreement and/or any assignment of rights and mergers by Western Bid.
X). Dispute Among Users and Release of Claims
In the event that you have a dispute with one or more users, you release Western Bid (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.
Y). General Provisions
1. Governing law; Venue; Consent to Jurisdiction. All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the internal law, not the law of conflicts, of the State of Minnesota. Any suit involving any dispute or matter arising under this Agreement may only be brought in the United States District Court for the District of Minnesota or the Fourth Judicial District Court (Hennepin County) of the State of Minnesota. All users hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. Each user hereby irrevocably waives any objection that it may now or hereafter have as to the jurisdiction or venue of any such suit, action or proceeding brought in such a court or that such a court is an inconvenient forum.
a). Exclusion of the Convention of Contracts for the International Sale of Goods. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded under this User Agreement.
2. Dispute Resolution Process. In the event a dispute arises between a User and Western Bid, the User agrees to first report the dispute to Western Bid directly either by contacting the Customer Support by email (firstname.lastname@example.org) or telephone (763-545-1768) from 9 AM to 5 PM Central Time, or by contacting Western Bid in writing at Western Bid, Inc.,3410 Winnetka Avenue North, Suite 105, New Hope, Minnesota 55427, USA. Western Bid will consider reasonable requests to resolve the dispute through negotiations, alternative dispute resolution procedures, such as mediation and arbitration, as an alternative to litigation. USERS HEREBY CONSENT TO SUBMIT THEIR CASE TO MEDIATION OR A BINDING ARBITRATION IF WESTERN BID DECIDES TO PURSUE THESE ALTERNATIVE MEANS OF DISPUTE RESOLUTION. In case Western Bid decides to opt for the litigation, such litigation process shall be governed by paragraph 1 of this subpart.
3. Statute of Limitations. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Web Site, this User Agreement, or the Services of Western Bid, must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.
4. Severability of Provisions. If any provision of this User Agreement is held to be illegal, invalid, or unenforceable, that provision will be fully severable and this User Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never been part of this User Agreement. The remaining provisions of this User Agreement shall remain in full force and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. In the place of the illegal, invalid, or unenforceable provision, there will be added automatically to this User Agreement a legal, valid, and enforceable provision that is as similar to the illegal, invalid, or unenforceable provision as possible.
a). Survival of Warranty Disclaimer and Limitation of Liability. Notwithstanding anything herein to the contrary, the «Warranty Disclaimer» and the «Limitation of Liability» language shall survive the termination of this User Agreement.
5. Complete Agreement. This User Agreement constitutes the entire agreement between the parties to this Agreement and supersedes all prior agreements, representations, warranties, statements, promises, and understandings (whether oral or written) with respect to the subject matter thereof.
6. Amendments. Western Bid has the unlimited right to amend, modify, or waive any provision of this Agreement without your consent. A user cannot amend, modify, or waive any provision of this agreement.
7. Assignment. You and the persons you represent may not assign this User Agreement or the rights and obligations under this User Agreement without the express prior written consent of Western Bid, which may be withheld in Western Bid's sole discretion.
Western Bid may assign this User Agreement and its rights and obligations under this User Agreement without your consent or the consent of any persons you represent.
8. No Waiver. WESTERN BID'S FAILURE TO ENFORCE ANY PROVISION OF THE USER AGREEMENT OR TO ACT WITH RESPECT TO A BREACH OF THE USER AGREEMENT BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF WESTERN BID’S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF WESTERN BID’S RIGHT TO ENFORCE SUCH PROVISION.
9. No partnership or Joint Entity Formed. Nothing contained in this User Agreement shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
10. Notices. 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 Western Bid in electronic form. Electronic Communications may be posted on the pages within the Western Bid website and/or delivered to your email 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 certified postal mail to Western Bid Inc., Attn: Legal Department, 3410 Winnetka Avenue North, Suite 105, New Hope, Minnesota 55427, USA, (in the case of Western Bid). 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 Western Bid during the registration process.
11. Binding Provisions. This Agreement is binding upon, and inures to the benefit of, the parties hereto and their respective heirs, executors, administrators, personal and legal representatives, successors, and permitted assigns.
YOU HEREBY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND THAT YOU AGREE AND ACCEPT ALL ITS TERMS AND CONDITIONS.
Questions and Contact Information
Please contact Customer Support online, through email@example.com at any time, or call (763) 545-1768 from 9 AM to 5 PM Central Time, or by contact Western Bid in writing at Western Bid, Inc., 3410 Winnetka Avenue North, Suite 105, New Hope, Minnesota 55427, USA, should you have any questions or require additional information regarding your account or any of Western Bid policies.
I. COMMITMENT TO PRIVACY
5. Western Bid’s site includes links to third party sites. These sites are governed by their own privacy statements, and Western Bid is not responsible for their content, representations or operations, including but not limited to their information practices. Users submitting information to or through these third party sites should review the privacy statement of these sites before providing them with personally identifiable information.
III. COLLECTION OF INFORMATION
A. Western Bid Account
To open a Western Bid account, you must provide your name, address, phone number, date of birth, identification documents, proof of address and e-mail address. In order to make payments through Western Bid, you must also provide bank account or other related financial information.
B. Transactional Information
When you use Western Bid to place a purchase order for a product to someone else, Western Bid asks you to provide information related to each product transaction, which may include the amount of the transaction, the type of transaction (purchase of goods, purchase of services and the e-mail address of the third party), identity of supplier or affiliate, customer identify, payment type and currency, location, bank account information, credit and debit card information; dates of birth; and identification documents. Western Bid retains this information for each of your transactions through Western Bid. Western Bid also collects the Internet address (IP address) of the computer, or device you use to access your Western Bid account, in order to help detect possible instances of unauthorized transactions or use.
C. Information From Third Parties
In order to protect all Western Bid customers against potential fraud, Western Bid verifies with third parties the information you provide. In the course of such verification, Western Bid receives personally identifiable information about you from such services. In particular Western Bid will use screening services to verify that your information and address matches the information that you supplied to Western Bid.
If Western Bid cannot verify the information that you provide, or if you request a withdrawal to an address other than your verified billing address, Western Bid will ask you to send us additional information via upload through the website (such as your drivers' license, passport, and/or a recent utility bill or other information linking you to the applicable address), and Western Bid will ask you additional questions to verify your information.
E. Customer Service Correspondence
If you send us correspondence, including e-mails and faxes, Western Bid retains such information in the records of your account. Western Bid will also retain customer service correspondence and other correspondence from Western Bid to you. Western Bid may, over time, delete these records if permitted by law.
F. Third Party Recipients
When a User places a product purchase order to an individual who is not a member of Western Bid, Western Bid will retain the information that the User submits to us, including, for example, the other party's email address and/or name, for the benefit of the User who is attempting to contact the non-member, so that the User can see a complete record of his or her transactions, including uncompleted transactions.
G. Non-Personally Identifiable Information
Western Bid may collect other information which does not in and of itself identify a specific individual. This information includes IP addresses, search terms, domain names and browser types. We use this information to track usage and other patterns on our Websites.
H. Community Forum
Western Bid collects information from you to post entries to our community forums. Such information may include your email address, Internet Protocol address, user name, date and time of signup, and date and time of posts to the forum. Western Bid may also collect and retain any other information posed on the form.
III. WESTERN BID’S INTERNAL USE OF PERSONAL INFORMATION
Western Bid collects stores and processes your personal information on servers located in the United States. Western Bid uses the information Western Bid collects about you in order to; 1) provide our services and process your transactions, 2) provide customer service, 3) recover debt, 4) detect and prevent fraud, 5) detect and prevent violation of Western Bid’s legal agreements, or limit Western Bid’s damages, 6) perform other technical, logistical, financial, tax, legal, compliance, administrative, or back office functions, and 7) improve our products and services. At your option, Western Bid may use the information you provide to access specific third party services on your behalf and perform the actions that you request us to perform.
IV. WESTERN BID’S DISCLOSURE OF INFORMATION TO THIRD PARTIES
1. Western Bid will not sell or rent any of your personally identifiable information to third parties. Western Bid will not share any of your personally identifiable information with third parties except in the limited circumstances described below, or with your express permission (with the exception described above). These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared. These third parties are not permitted to sell the information we provide to them, to market directly to you, or to disclose it in any other way without your explicit consent.
2. Western Bid may share information with companies that help us process the transactions you request, offer proper technical support, recover debt, and protect our customers' transactions from fraud. Such companies may include financial institutions, payment processors, auditors; background and credit check organizations; fraud prevention service providers and anti-fraud networks; marketing service providers; database managers; customer service providers and representatives; debt collectors; and others who perform technical, logistical, financial, tax, legal, compliance, or administrative functions on our behalf. Western Bid discloses information that Western Bid in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our User Agreement. For example, this means that if Western Bid conducts a fraud investigation and concludes that a person or entity has engaged in deceptive practices, Western Bid can provide that person’s or entity's contact information to victims who request it.
3. Western Bid may disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. Western Bid is not required to provide you any notice of such disclosure.
4. Western Bid reserves the right to report to any government authorities any activities that we believe to be unlawful. This includes compliance with applicable laws and regulations relating to collection and use of information from children, including the Children's On-line Privacy Protection Act of the United States. We may also disclose personal information if we have reasonable grounds to believe that use or disclosure is necessary to protect the rights, privacy, property, or safety of our users or others. Any report made under this paragraph shall be made without prior notice to you.
5. Western Bid may disclose the information that you voluntarily ask us to disclose.
6. Western Bid may disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
V. WESTERN BID’S DISCLOSURE OF INFORMATION TO CUSTOMERS
1. Western Bid communicates with Users on a regular basis via e-mail to provide requested services, and Western Bid also communicates by phone to resolve customer complaints or investigate suspicious transactions. Western Bid uses your e-mail address to confirm your opening of a Western Bid account, to send you notice of product purchase orders that you place through Western Bid, to send information about important changes to our products and services, and to send notices and other disclosures required by law.
2. In order to facilitate the transactions for Western Bid Users, our service allows you limited access to other users' contact or shipping information. As a seller you may have access to the User ID, email address and other contact or shipping information of the purchaser. As a purchaser, you may have access to the User ID, email address and other contact information of the seller. Western Bid is not responsible for any information you may choose to share with other customers.
3. By entering into Western Bid’s User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the site or through a Western Bid communication or Western Bid facilitated product transaction, you will use this information only for: (a) Western Bid related communications that are not unsolicited commercial messages, and (b) services offered through Western Bid.
4. Western Bid does not tolerate spam. You may not add a Western Bid user to your mail list (email or physical mail) without their express consent after adequate disclosure, even if said user has previously made a purchase from you. Western Bid strictly enforces its Anti-Spam Policy. Please report Western Bid-related spam to us as soon as possible.
VI. INTERNET AND WEBSITE SECURITY
1. Western Bid is committed to handling the customer information with high standards of information security. Western Bid maintains physical, electronic and procedural safeguards to guard your nonpublic personal information. We will continue to assess new technology for protecting information and upgrade our information security systems when appropriate.
2. Western Bid combines technical and physical safeguards with employee policies and procedures to protect your information. We restrict access to your personally identifiable information to employees who need to know that information in order to provide products or services to you. If an employee misuses personal information, we may take disciplinary action, up to and including termination of employment. If any third party individual or organization misuses personal information, we may take action, up to and including termination of any agreement between Western Bid and that individual or organization.
3. It is important to understand that the security of your Western Bid account also relies on your protection of your Western Bid password. Your password is a key security feature and you should not and may not share your Western Bid password with anyone. Western Bid will not ask you to send your password or other sensitive information to us in an e-mail, though Western Bid may ask you to enter this type of information on the Western Bid website, which will have a URL beginning with https://www.Westernbid.net. Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, or linking to a Western Bid website with a URL that does not begin with http://westernbid.com/ should be treated as unauthorized and suspicious and should be reported to Western Bid immediately.
4. If you do share your Western Bid password with a third party for any reason, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account at westernbid.com and changing your Profile settings. You should contact us right away.
VII. MODIFICATION AND TERMINATION OF USER ACCOUNT
1. You can review the personal information you provided to us and make any desired changes to such information, or to the settings for your Western Bid account, at any time by logging in to your account on the Western Bid web site and changing your preferences.
2. You can close your account through the Western Bid web site by sending a request to customer service. If you close your Western Bid account, Western Bid reserves the right to keep your account information in our database. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account. If you close your account, your personally identifiable information will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, or as required by law.
VIII. CONTACT INFORMATION
Western Bid, Inc.
Prohibited Product List
Revised and Effective as of February
Before using our Services (as defined in the User Agreement), make sure Western Bid allows the sale of such items. Below, you will see a non-exhaustive list of prohibited and restricted items. Please, also refer to our guidelines prior to selling product on Western Bid’s website. Sellers also need to make sure that the sale of their item complies with all laws.
I. GENERAL GUIDELINES
1. Our policies are often based on
2. Compliance with
3. Sellers are prohibited from selling items that would violate any intellectual property laws, whether in the
4. Sellers may only use accurate and legally-compliant descriptions of the product. As a seller, you're ultimately responsible for the legality of any item you offer for sale on Western Bid and the listing describing that item.
5. Sellers can only sell tangible merchandise on Western Bid. »Tangible merchandise» is a physical product that is shipped to the online shopper’s physical address.
6. Sellers must comply with User Agreement while using Western Bid’s Services.
7. The list of prohibited and restricted items below covers things that Sellers cannot sell while using Western Bid’s Services.
II. PROHIBITED ITEMS LIST
The following products and services cannot be sold using Western Bid’s Services:
Animals and wildlife products – examples include live animals, mounted specimens, and ivory
Artifacts, grave-related items, and Native American arts and crafts
Bulk E-mail software or mailing lists
Catalytic converters and test pipes
Charity, donations and fundraising
Cell phone (wireless) service contracts if the bundled contract is unauthorized)
Counterfeit currency and stamps
Dietary supplements that are not DSHEA, FDA, or DEA compliant
Electronics equipment prohibited by the Federal Communications Commission (FCC)
Embargoed goods and sales to prohibited countries
Fireworks or pyrotechnic devices or supplies
Graphic design services
Government documents, IDs, and licenses
Government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags
Hardware and/or software that circumvents manufacturer protections (e.g. DRM, modchips, etc.)
Hazardous materials, combustibles, corrosives
HGH, anabolic alternatives, and/or bodybuilding supplements
Hotel, Airfare, Travel services
Internet access or E-mail services
Items encouraging illegal activity
Medical treatments of any kind (including tablets and liquids for internal and external use)
Multi-level marketing, pyramid, Matrix, Single Level, or Similar Products
Phone card pin numbers
Pornography and products or links to products that are pornographic in nature or content
Prescription drugs or other controlled substances
Satellite or cable TV equipment and hardware
Search engine registration
Software and software enable keys delivered by E-mail (and any information or software delivered electronically (via E-mail, Web site, or Fax))
Stocks and other securities
Stolen property and property with removed serial numbers
Web hosting services
Web site access, design, memberships, and promotion
Unauthorized replicas of licensed merchandise
Unauthorized distribution of licensed merchandise
Any other merchandise not deemed acceptable by Western Bid, Inc.
III. INCORPORATION INTO USER AGREEMENT
This Prohibited Products List is hereby expressly incorporated into the Wester Bid’s User Agreement.