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WESTERN BID USER AGREEMENT

They came into force for all users on May 1, 2022.

PART I: ACCEPTANCE OF TERMS THROUGH USE

This Agreement is between you and Western Bid, Inc. with respect to your use of the Services, including the Western Bid website, app, API and other Western Bid materials. Western Bid ("Western Bid", "WB", "we", "us", and "our") presents this website (the "Website", "online sales system", "sales system", "services"), the subject matter of this User Agreement, and all amendments thereto, which include the terms and conditions set forth below or by reference. The English version of the agreement is available at this link. "User", "Users", "user", "users", "you", "you're" and "your" refer to each company, supplier or person who becomes a Western Bid Client.

THIS USER AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE CUSTOMER, AND WESTERN BID AND GOVERNS ALL USE OF THE WESTERN BID SERVICES AND ANY RELATED PRODUCTS MADE AVAILABLE THROUGH WESTERNBID.COM, RU.WESTERNBID.COM, WESTERNBID.LINK, WESTERNBID.INFO AND WESTERNBID.US (COLLECTIVELY, THE "SERVICES").

YOUR USE OF ANY OF THE SERVICES, FEATURES OR FUNCTIONS OF THIS SITE CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THIS AGREEMENT. YOU ACKNOWLEDGE AND ACCEPT THAT THIS USER AGREEMENT IS EQUIVALENT TO A WRITTEN CONTRACT DRAWN UP IN ACCORDANCE WITH APPLICABLE LAW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT (IN WHOLE OR IN PART), PLEASE LEAVE THE WEBSITE IMMEDIATELY AND DISCONTINUE USING WESTERN BID SERVICES.

WESTERN BID RESERVES THE RIGHT TO MODIFY OR REVISE THIS USER AGREEMENT IN ITS SOLE DISCRETION AND AT ANY TIME. EACH SUCH CHANGE AND/OR UPDATE SHALL BE EFFECTIVE UPON POSTING ON THE SITE. PLEASE CHECK THE CONTENT OF THE USER AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY CHANGES AND/OR UPDATES. USE OF THE SITE AFTER THE CHANGES AND/OR UPDATES TO THE AGREEMENT ARE MADE CONSTITUTES ACCEPTANCE OF SUCH CHANGES AND/OR UPDATES.

Before you can become a Western Bid client, you must read, accept and agree to all the terms and conditions of this Agreement, as well as all other rules and documents posted on the site that contain the terms and conditions expressly stated below or incorporated by reference. By accepting this Agreement, you also agree that your use of Western Bid's websites and services, as well as those of our partners, will be governed by the terms and conditions posted on such websites. Western Bid may amend this Agreement at any time by posting such terms and conditions on our website.

Glossary

API means the application programming interface provided by Western Bid.

Application - means the mobile application software, data delivered with the software, and related media.

Business Day means a day that is not a Saturday, Sunday or legal holiday in the United States.

Services - means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App) and services (including the Website and API).

Western Bid Account - means the Western Bid account on the website or mobile application that you have opened with us in accordance with the terms of this User Agreement to use our Services.

Western Bid Materials - means any software (including without limitation the App, APIs, developer tools, source code samples and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you or available for download from our website.

Website - means any web page, including but not limited to www.westernbid.com, where we provide the Services to you.

PART II: PROVISIONS WHICH APPLY TO ALL ACCOUNTHOLDERS

1. Your Use of Western Bid Services

These terms of service are a translation of the original agreement, which is available at this link.

In order to use the Western Bid Services, you must register an account. Users may have only one account. Our Services are available only to individuals or legal entities that are able to form binding contracts in accordance with applicable law. Without limiting the foregoing, our Services are not available to persons: minors (under 18 years of age), those who are barred from using our Services or those who pose an unacceptable level of risk. Also, Western Bid Services are not available to citizens of the United States or the European Union, residents of the United States or the European Union or persons permanently residing in the United States or the European Union, as well as persons who are tax residents of the United States or the European Union.

For legal reasons, all information you provide during the registration process or at any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, phone number and other contact information up to date in your Western Bid account profile.

You agree to comply with all U.S. and international laws, regulations, ordinances, rules, contacts and applicable licenses with respect to your use of our Services. Failure to do so shall constitute a material breach of this User Agreement.

All activities in the Western Bid Account must be performed by the registered user. You must use the Services only to conduct transactions on your own account and not on behalf of any other person or organization.You may open only one Western Bid Account unless we approve the opening of additional accounts. We may refuse to create duplicate accounts for the same user. If duplicate accounts are identified, Western Bid may close or merge those duplicate accounts without notice.

2. The Legal Relationship between You and Western Bid.

Western Bid acts as a commission-based reseller and agent and provides various e-commerce services to online sellers from the former Soviet Union (i.e., Western Bid's customers). The services may include product advertising, customer support, information services, educational courses and materials, freight and custodial services, dispute resolution, processing and storage of returns, warehousing, order fulfillment and web page design.

As a User, you agree to abide by all rules and requirements posted on the Western Bid website. You agree to use Western Bid's online sales system and to use the various e-commerce tools and guidelines provided "as is".

You agree that the use of the Western Bid online sales system for the purpose of obstructing compliance with U.S. or international laws is prohibited.

You understand that Western Bid does not guarantee the sale of your products or your financial success.

You agree to comply with Western Bid's terms and conditions as published on the Western Bid website and are bound by the rules and regulations of the marketplaces and online auctions where Western Bid sells items. In particular, you accept the obligation to comply with the rules of the marketplaces and online auctions and the obligation to pay for the services of both Western Bid and the marketplaces and online auctions where the goods are sold with the participation of Western Bid in a timely manner.

You are responsible for providing Western Bid with correct detailed descriptions and images of the goods sold through the Western Bid online sales system. You agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to use the copyright, distribution, and any other related rights in any description and images of the items advertised, sold, or intended for sale through the Western Bid system.

You are responsible for the timely delivery of items sold through Western Bid to the reseller or end buyer addresses provided by Western Bid. You agree to deliver the items purchased from you in any event, except when the buyer fails to comply with the published terms and conditions of Western Bid or the marketplace or online auction site, or you cannot verify the accuracy of the buyer's delivery address.

All items sold on Western Bid and delivered to end buyers must comply with U.S. and international shipping laws and regulations, as well as the Western Bid Prohibited Items List published on Westernbid.com. In the event of any problems with the goods or their delivery, you must provide us with all necessary information about the goods or the delivery of such goods in a timely manner. Unless otherwise agreed, all returns and exchanges of goods must be processed through Western Bid or our representative offices listed on the website.

3. Western Bid is a commission based trading assistant.

Western Bid acts as e-commerce trading assistant by creating, hosting, maintaining and providing our Service to you via the Internet. In the process of a Service, Western Bid might guarantee the product quality and condition as described on the online auction. Western Bid also guarantees that the product will be delivered to the buyer. Consequently, our Service is comprised, but not limited of product advertising, product delivery, product guarantee and buyer/seller dispute resolution features. 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 in United States of America.

4. Western Bid acts as Authorized Reseller and Retailer.

Western Bid acts as an authorized retailer and reseller by selling products via Western Bid platforms and various online e-commerce marketplaces and collecting State Sales Tax where applicable. During the process of the sale Western Bid becomes a title holder of the product purchasing items from you and selling and delivering items to the end customer.

5. User Verification.

We use many methods to identify our customers when they register on our site. Identifying Customers is only an indicator of increasing the likelihood that the Customer's identity is correct.You authorize Western Bid, directly or through third parties, to make any inquiries we deem necessary to verify your registration. This may include requesting copies of government-issued identification, detailed information, and verification of the information you provide against third-party databases.

If you open a Western Bid account and use certain services, U.S. federal law requires us to verify other information about you. You authorize Western Bid to conduct any necessary checks to verify your identity. This may be done directly or through a third party, including checking commercial databases or credit reports. We may ask you to provide additional information such as your date of birth, tax identification number and other information that will allow us to reasonably identify you. This may also include the need to verify the owner of your email address or financial instruments, order credit from a credit reporting agency, or confirm your information using a third party database or other sources.We may also ask you to produce a driver's license or other identification at any time. Western Bid reserves the right to terminate, terminate or restrict access to your Western Bid account and/or services if we are unable to obtain or verify this information.

6. Qualifications for Use.

Our services are available and may only be used by persons who are able to form legally binding contracts in accordance with applicable law. Without limiting the foregoing, our services are not available to children (anyone under the age of 18). If you are under the age of 18, you may not use the Western Bid services. If you do not meet the requirements, please do not use our site. In addition, your Western Bid account and user name (user ID) may not be transferred or sold to another party. If you are registering as a legal entity, you represent that you have the full binding authority to be bound by this Agreement.

Western Bid does not support or do business with anyone listed on the Specially Designated Nationals and Blocked Persons List (SDN List) of known or suspected terrorists or terrorist organizations.

Western Bid does not do business with individuals or entities on the U.S. Sanctions List.

In addition to the conditions set forth in the preceding paragraph, you are only eligible for an account if you are not a citizen or national of one of the countries and groups currently subject to OFAC sanctions, including: The Russian Federation, the Republic of Belarus, Crimea, Luhansk (including the region), Donetsk (including the region), Burma, Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, Afghanistan, and the Taliban. The scope of the rules (and what Western Bid can and cannot do) depends on the specific economic sanctions program. The current economic sanctions programs can be found on the website (www.ustreas.gov/ofac) or on the EU sanctions map (https://www.sanctionsmap.eu/#/main).

You are responsible for United States export controls and for any violation of such controls, including any United States embargo or other federal export restriction rules and regulations. You represent, warrant and covenant that you are not (a) located in, or a resident or national of, a country subject to a U.S. embargo or other restrictions, or a national of a country that has been designated by the U.S. government as a "state sponsor of terrorism"; or (b) on a U.S. government restricted end-user list.

7. Your Information and Restricted Activities.

"Your Information" is any information you provide to us or other users during registration, the payment process or other features of our Services. You are solely responsible for the information you provide about yourself. To allow Western Bid to use the information you provide to avoid us violating any of your rights in that information, you agree to grant us, without prior notice, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to use the information you provide, to distribute that information, and to store the information or any data contained in your information. At the same time, Western Bid limits the use of your information to the scope of the service provided and protects your information in accordance with our privacy policy.

Your information, product information provided by you, and your actions in using our Services must not: (a) be false, inaccurate, or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen goods; (c) violate Western Bid policies; (d) violate the copyright, patent, trademark, trade secret, or other proprietary or publicity rights or privacy of any third party; (e) violate any law, statute, ordinance, treaty or regulation of any governmental authority of the United States or of the countries where you are located; (f) be obscene or contain child or adult pornography; or (g) contain any viruses or other computer programs that may damage, harm, intercept or expropriate any system, data or other personal information. If you use or attempt to use the Services for any purpose other than the sale and receipt of goods and services or to manage your account, your account will be terminated and you will be subject to penalties and other damages.

We may require you to provide Western Bid with a number of forms of identification, as described and set forth in our Privacy Policy and Anti-Money Laundering Compliance Policy, in order to use the Western Bid Services or to place orders to purchase goods using our Services. We require this information to verify your identity and to determine your eligibility to use your account. We may request additional information from you depending on your location and other factors.

8. Privacy and Security.

We do not sell or rent your personal information to third parties for promotional purposes without your consent, and we only use your information as described in the Privacy Policy.

We regard the protection of user privacy as an important principle. We store and process your information on computers located in the United States of America that are protected by both physical and technical security features.

You should only log in to your Western Bid account from pages that begin with https://www.westernbid.info, https://westernbid.com or https://www.wbeurope.info. You should not use any other site that is different from those listed above.

We use third parties and third-party services to verify and validate our privacy practices. If you object to your information being shared or used in this way, please do not use our Services.

9. Fees

All fees for our Services are set forth in the "Service Fees" listing on Westernbid.com.

All fees are quoted and paid in U.S. dollars, unless otherwise stated. Additional information about Western Bid's fees is available on the website.

Your account and all transactions are displayed and executed in U.S. dollars, unless otherwise stated, and may be subject to change depending on the exchange rate. In addition, you are solely responsible for the timely payment of Western Bid Services related to the delivery of goods by mail, as well as for currency conversion costs for any other costs associated with your activities as a Buyer or Seller in obtaining Western Bid Services.

10. Product Purchase Orders.

In order to receive payments from Western Bid for the products being sold, you must form a detailed invoice; and you are required to provide Western Bid with a number of forms of identification as further described in our Privacy Policy and AML Compliance Policy. We require this information to authenticate your identity and to determine the accuracy of information you have provided. We may require additional information from you depending upon your location or country of residence.

11. Selling products via Western Bid System.

In order to receive payment from Western Bid for the items you sell, you must generate and submit a detailed invoice; and you must provide Western Bid with several forms of identification as described in our Privacy Policy and Anti-Money Laundering Compliance Policy. We require this information to verify your identity and to determine the accuracy of the information you have provided. We may request additional information from you depending on your location or country of residence.

In addition, when we receive an Invoice from a Customer requesting a direct bank transfer, we verify that: (1) the bank has a SWIFT code, meaning the bank is a member of the SWIFT network (http://www.swift.com), which performs a comprehensive screening process on all of its customers; (2) the bank has a website with licensing information; and (3) the username and address for the bank transfer match those in our system.

All shipments of goods directly to Western Bid or to Western Bid's customers must be accompanied by properly completed and with true, correct and current information, customs declarations and other shipping documents required by U.S. and international laws. Failure to comply with this requirement may result in the termination of all business relations with the seller and the Western Bid customer.

12. Termination of Service.

You can close your account or stop using our services at any time on the Western Bid website. Upon closing your account, all pending transactions will be canceled and any remaining funds will be refunded to you upon final settlement. The funds due to you, less any applicable fees that we may hold at the time of closure, will be paid to you, provided that all requirements for receiving payment from Western Bid have been met.

You may not use the closure of your account as a method of avoiding Western Bid's internal audit, investigation, or referral of an investigation of your activities to law enforcement authorities in the United States or the European Union. If an investigation is ongoing at the time of your account closure, Western Bid may hold your funds for up to 60 days to protect Western Bid from potential losses. If the investigation is resolved in your favor and you are entitled to receive some or all of the disputed funds, Western Bid will pay you those funds. You must comply with all obligations associated with your account, even after such account is closed. After the official termination date, we will use the information provided to send you any monies we owe you for any outstanding amounts. If this information is incorrect and we are unable to make the payment, your funds will be treated as unclaimed property under applicable law.

Western Bid reserves the right, in its sole discretion, to suspend or terminate this Agreement, access to the websites, software, systems (including any networks and servers used to provide any services) operated by us or on our behalf, or some or all of the services for any reason at any time with notice to you and, upon termination of this Agreement.

The reasons we may terminate your Western Bid account include, but are not limited to:
- your breach of any provision of this User Agreement or the documents referenced herein;
- a request or direction to terminate by any competent court, governmental authority or agency, or law enforcement agency;
- we have reason to believe that you are in violation of any law or regulation;
- we have reason to believe that you are engaged in fraudulent activity, money laundering, terrorist financing or other criminal or illegal activity.

We may also suspend your Western Bid account if it has been compromised or for other security reasons, or has been or is being used without your authorization or fraudulently. If we terminate your Western Bid account or stop using the Services for any reason, we will provide you with notice of our actions. You will be responsible for all claims, refunds, fees, fines, penalties and other liabilities incurred by Western Bid, any other Western Bid client or buyer, or third party resulting from your breach of this Customer Agreement and/or your use or your authorized third party use of the Services. You agree to indemnify Western Bid, any Western Bid customer or purchaser or third party for all such liabilities. Upon any cause of termination, all rights granted to you in connection with the app shall terminate and you must immediately uninstall or delete the app from your devices.

13. Western Bid's Rights.

In addition to our usual remedies, we may require you to update inaccurate or incorrect information you provide to us; contact you electronically, by telephone or by U.S. and international mail; immediately alert our community of customers or any other community or law enforcement authorities to your suspicious activity; freeze funds in your account; restrict funding sources and payments; limit access to your account and any account features; restrict withdrawals; and (a) you violate this Agreement or the documents it incorporates by reference; (b) we are unable to verify or confirm the accuracy of any information you provide to us; (c) we believe your account or activities present a significant risk of fraud; or (d) Western Bid believes your use of your account violates U.S. or international laws.

In cases where Western Bid believes that there is a threat of fraud or that the risk associated with a relationship with a particular Western Bid customer is unacceptable to us, Western Bid reserves the right to delay payment of funds or payment for purchased goods indefinitely. For transactions that we deem suspicious or for accounts that conduct high volumes of transactions, we may also impose payment limits. If we terminate your Western Bid account, you will be notified of our actions and we will make any funds you owe us, less any applicable fees, available for withdrawal. In addition, to ensure your compliance with this Agreement, you grant Western Bid the right to any delay of not more than 180 days in the payment of funds due to you in respect of your trading activity on the Western Bid system. You further acknowledge that Western Bid may use any of your account information to fulfill any of your obligations to Western Bid at any time and for any reason permitted by law. These obligations include both secured and unsecured debts, and individual or joint debts with anyone. Western Bid may consider this Agreement as your consent to withhold funds due to you and the right to compensate Western Bid from these funds in favor of Western Bid in accordance with the amount of damage caused to us as a result of your activities in case of failure to fulfill your obligations to Western Bid under this Agreement. The rights described in this section are in addition to, and may differ from, the other rights set forth in this Agreement.

14. Western Bid’s Intellectual Property.

Westernbid.com, “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.

15. Waiver and Release.

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.

16. Exclusion of Warranties.

WESTERN BID DISCLAIMS WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR GOODS AND SERVICES SOLD THROUGH WESTERN BID. WESTERN BID ALSO CANNOT GUARANTEE THE ABSENCE OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF EITHER CLIENTS OR THIRD PARTIES.

WESTERN BID DOES NOT GUARANTEE THE TIMING OF THE SERVICE, NOR DOES WESTERN BID GUARANTEE THAT ANY DEADLINES WILL BE MET. Western Bid does not set specific deadlines or provide guarantees regarding the time required to perform services, the time for payment for purchased goods, the time for transportation and storage of goods, the time for payment of funds and the time for fulfillment of any obligations to customers or third parties, as Western Bid's services depend on many factors beyond our control.

17. 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.

18. Limitation of Liability.

IN NO EVENT SHALL WESTERN BID EXPERT BE LIABLE FOR LOST PROFITS OR ANYSPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

19. Indemnification.

You agree to indemnify, defend, and hold harmless Western Bid and our parents, subsidiaries, affiliates, officers, agents, and employees from and against any claim or demand made by any third party due to or arising out of your breach of this Agreement or the documents incorporated by reference herein, or your violation of any law or the rights of a third party relating to your use of our Services.

We may terminate, suspend or limit access to your account if your use of the Western Bid Services violates our Acceptable Use Policy.

You agree that if Western Bid brings legal proceedings against you and Western Bid is determined to be the prevailing party, we will be entitled to reimbursement of all costs (including reasonable legal fees and expenses) incurred in connection with the enforcement of this User Agreement.

20. Disputes

You must comply with all U.S. and European Union laws, as well as international laws, statutes, ordinances, regulations, contracts and licenses applicable to your use of our Services. In the event of a dispute between you and Western Bid, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Western Bid agree that any disagreement or claim at law or in equity arising out of or relating to this Agreement or the Western Bid Services ("Claims") shall be resolved in accordance with one of the subsections below or by such other means or persons as are mutually agreed upon by both parties in writing. Before resorting to these alternatives, Western Bid strongly encourages customers to first contact Western Bid directly to seek a solution. Western Bid will consider reasonable requests to resolve a dispute through alternative dispute resolution procedures, such as mediation.

Any legal action or proceeding may be brought in a court of competent jurisdiction located in Florida, USA or at the defendant's place of business (in the case of Western Bid, USA, and in your case, your home address or principal place of business). You and Western Bid consent to the exclusive jurisdiction of such courts located in the United States to resolve any disputes under this Agreement or your use of the Western Bid Services. The possibility of applying the United Nations Convention on Contracts for the International Sale of Goods is excluded.

Disputes regarding our Services between you and Western Bid may be reported to Customer Support online, via sales@westernbid.com at any time, by calling +1-305-3070382, or by contacting Western Bid in writing at:
Western Bid, Inc.
3500 W Hallandale Beach Blvd.
Pembroke Park, FL, 33023

21. 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.

22. 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.

23. Assignment.

You and the persons you represent may not assign or transfer your rights and obligations under this Agreement without the prior written consent of Western Bid, which may be terminated at any time at Western Bid's discretion.

Western Bid may not assign or transfer this Agreement or its related rights and obligations without your consent or the consent of any persons you represent.

24. 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.

25. No partnership or Joint Entity Formed.

Nothing contained in this Agreement shall constitute either party as a representative of the other party, or both parties as joint ventures or partners for any purpose.

This User Agreement, including any terms and conditions incorporated herein, constitutes the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior or contemporaneous writings or oral understandings or agreements.

This User Agreement between the User and us, including any terms and conditions incorporated herein, constitutes the entire agreement between you and us with respect to the subject matter hereof and supersedes any and all prior written or oral agreements or understandings. No other person is authorized to enforce any of its terms. This Agreement does not create or constitute a partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.

26. Notice

To the extent permitted by applicable law, this Agreement and any other agreements, notices or information relating to your account and/or use of the Services ("Notices") may be provided to you electronically, and you agree to receive all Notices from Western Bid electronically. Electronic Communications may be posted on the Western Bid website and/or sent to your email address. You may print a copy of any Notice and retain it for your records.All Notices, whether in electronic or paper format, will be deemed "written".

Except as otherwise expressly stated, any notices must be mailed to Western Bid in writing to:
Western Bid, Inc.
3500 W Hallandale Beach Blvd.
Pembroke Park, FL, 33023, USA (in the case of Western Bid) or to our online message center.
Alternatively, we may send you a notice by e-mail to the e-mail address you provided during registration or by regular mail to the address you provided during the Western Bid registration process.

27. Western Bid is not a Money Service Business

We are NOT a "Money Service Business" company, or organization. Please be advised that Western Bid and/or its affiliates do not conduct currency exchanges of any kind for our clients or the general public. We do NOT conduct peer-to-peer money transfers or exchange services of any kind, as defined by U.S. federal and state regulation. We do not offer any Services to transmit money physically or digitally, or convert currencies from one type of currency to another. Western Bid does not issue any debit, credit, reloadable or stored value cards or any other monetary instruments. Western Bid is also not a financial institution. Western Bid is limited only to the retail, wholesale or internet sale or re-sale of physical and digital items, e-commerce education programs, product advertising, product shipping and product storage.

28. Miscellaneous

This Agreement contains the entire agreement between you and Western Bid regarding use of services, and all matters directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Failure of Western Bid to enforce any provision shall not be deemed to be a waiver of any rights to enforce any provision of this or any other agreement. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Western Bid. Western Bid reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

29. Service Availability

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).

30. Disclaimer of Warranty

The Services are provided “As-Is” “Where Is” and “Where Available” and without any representation or warranty, whether express, implied or statutory. Western Bid specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

31. Acknowledgement.

You hereby acknowledge and affirm that you have read this entire agreement and that you AGREE and ACCEPT all its terms and conditions.

32. Questions and Contact Information.

Please contact Customer Support online, through sales@westernbid.com at any time, or call 1-305-3070382, or by contact Western Bid, Inc., Attn: Customer Support Dept., 3500 W Hallandale Beach Blvd, Pembroke Park, FL 33023, USA should you have any questions or require additional information regarding your account or any of Western Bid policies.

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