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Terms of Use
General. This Agreement shall be governed in all respects by the laws of
the State of California, as such laws are applied to agreements entered into
and to be performed entirely within California between California residents. We
do not guarantee continuous, uninterrupted or secure access to our services,
and operation of our site may be interfered with by numerous factors outside of
our control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. Disputes between you and TheLastBid regarding our services
may be reported to Customer Support.
Term. This Agreement shall be effective from the date of accepting this
agreement and continuing until it is terminated. This Agreement may be revoked
or terminated by TheLastBid at any time at its sole business judgment.
TheLastBid may terminate this Agreement immediately or suspend the User's
access to Services upon any breach of this Agreement by the User, including but
not limited to, refusal or failure to pay for Services, or by sole judgment of
TheLastBid that the User may be performing activities harmful to TheLastBid or
its other Users, employees, vendors, business relationships or any other Users
of the Internet. TheLastBid may terminate this Agreement without cause
immediately upon breach of this agreement. The User may terminate this
Agreement by allowing the agreement to expire. The Agreement terminates with
each subscription period or count. Re-subscribing to the Service binds the User
to the Agreement in effect on the date of renewal.
Account. Upon registration with TheLastBid, TheLastBid shall
provide to the User access to TheLastBid's Service (the "Service") as described
on this website. The User is responsible for maintaining the User's account and
maintaining the confidentiality of User's password. A TheLastBid account is
defined as one User, with one User name and password. TheLastBid will
suspend access or change access to User's account upon notification by User
that his or her password has been lost, stolen or otherwise compromised. The
User shall remain liable for all charges incurred on User's account and
TheLastBid shall not be liable for any usage or charges prior to TheLastBid
making the necessary account alteration. The Service provided hereunder is
limited to the User and may not be resold in any manner whatsoever.
User Eligibility. Individuals who are over 18 years of age and can
form legally binding contracts under applicable law are eligible. User
must supply us with a valid email address and phone number through which we can
contact you at any time.
Fees and Service We may in our sole discretion change some or all
of our services at any time. Any such changes will be announced at least 14
days in advance. In the event we introduce a new service, the fees for that
service are effective at the launch of the service. Unless otherwise stated,
all fees are quoted in U.S. Dollars. User is responsible for paying all fees
associated with using our service and our website and all applicable taxes.
Payment.
Payment will be charged to a valid credit card provided by the user.
Payment must be made and charges cleared before Service may begin.
General Disclaimer. TheLastBid does not guarantee continuous,
uninterrupted or secure access to our Services. TheLastBid does not warrant for
Service interruptions beyond its control such as, but not limited to; User
error, User's inability to contact TheLastBid, network interruptions or slow
downs, server disconnections or down time for any reason, changes to the
auction website that impact TheLastBid software, hacker interference, etc. Data
displayed on this website about past performance is not a guarantee of similar
results in the future. TheLastBid utilizes high-level, industry-standard
security measures, but we can not guarantee absolute protection of User
information. TheLastBid does not guarantee that bids will be submitted to eBay®
or any other auction service. Further, we do not guarantee that the User will
be able to make changes, additions or deletions to bids.
Disclaimer of warranty. TheLastBid expressly disclaims any warranty for
it's Services. Services are provided on an "as is" basis, without warranty of
any kind, either expressed or implied, including, without limitation the
implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. The entire risk as to the performance of, or arising out of
the use of TheLastBid's Service is borne by the User. TheLastBid makes no
warranty regarding any goods, information or Services purchased or obtained
through the use of the TheLastBid Services. This disclaimer or warranty
constitutes an essential part of the agreement concerning TheLastBid. Some
states do not allow exclusions of an implied warranty, so this disclaimer may
not apply to the User and the User may have other legal rights that vary by
jurisdiction.
Release. Because we are not involved in the actual transaction between
buyers and sellers, in the event that you have a dispute with one or more
users, you release TheLastBid (and our officers, directors, agents,
subsidiaries and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes.
Limitation of Liability.
In no event shall TheLastBid or its suppliers be liable for lost profits or any
special, incidental or consequential damages arising out of or in connection
with our site, Services or this agreement (however arising, including
negligence). Our liability, and the liability of our suppliers, to you or any
third parties in any circumstance is limited to the User's cost of Services at
the time of entering into the agreement.
Indemnification.
User hereby agrees to defend, indemnify and hold harmless TheLastBid, its
officers, directors, employees and agents, for any loss or damages awarded by a
court of competent jurisdiction resulting from any claim, action, or demand,
including reasonable attorneys' fees, arising out of or related to TheLastBid
Users' use of any service, or the violation of the agreement by the User.
Legal Compliance. You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use of
our service and your bidding on, listing, purchase, solicitation of offers to
purchase, and sale of items.
Notice: Any notice required under the agreement shall be given as
follows: notice from User to TheLastBid shall be in writing and shall be made
either via email or certified mail; notice from TheLastBid to TheLastBid User
shall be in writing and shall be made either via email, certified mail or may
be posted as part of the TheLastBid website.
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