The Bid Blab™ Terms of Service (Terms of Service”) is a legally binding agreement between you (“you” and “your”) and Bid Blab Inc., a Delaware corporation (owns and operates www.BidBlab.com).
Bid Blab Inc. (Hereinafter: "Bid Blab™" or “bidblab.com” or “company”) is a registered Delaware Corporation, which implements and manages private unique auctions through our developed internet applications.
The herein Users Agreement describes the "unique and specialized auction procedure” (Hereinafter: "Auction") and consists of the company promoting invitations for blind bidding from its registered members for various products and/or services, accepting bids, determining the successful bid, delivery of the product and/or service to the participant that submitted the successful bid, all in accordance as described herein this user’s agreement.
Prior to participating in an auction, users must register with the Bid Blab™ and setup a member profile.
Before each auction, Bid Blab™ will determine the maximum bid amount for each item that is auctioned. This price will be displayed for each auction and is referred to as the "Bid Blab Price”.
Participants in the auction will submit bids less than or equal to the "Bid Blab Price” in USD.
Bidding credits are earned by participating in the Bid Blab™ question and answer forum where members earn credits for their participation on asking questions, answering questions, and inviting friends and family to participate.
There are no monetary costs associated with the bidding process on Bid Blab™ auctions. The winner will only pay the winning bid amount that was bid for the item if they are the winner of the auction.
Each auction is independent of all other auctions and is for only one product and/or service and every auction will have a unique auction number.
Each auction will close when it meets the closing requirements as described herein this user’s agreement. After the auction closes, the participant that submitted the winning (successful) bid is determined. The successful bid is the highest unique bid for the offered item out of all bids received for the auction. A unique bid is a bid that is not identical to any other bid submitted in that auction.
Once identified, the successful participant in an auction is extended an offer to purchase the product and/or service for the successful bid amount submitted by the user during the auction, as described herein this user’s agreement.
After receiving payment for the successful bid from the successful participant, Bid Blab™ will ship or deliver the product and/or service via methods described herein this user’s agreement to the address contained in the successful participants member profile at the time the bid was submitted and accepted by the Bid Blab™.
Acceptance of Terms Through Use.
By using this site or by registering as a member or by placing bids on this application or by clicking "I Agree" to this Users Agreement, you (Hereinafter: "User") signify your agreement and acceptance of these terms and conditions. If you do not agree to this agreement, please do not use this site and do not register as a member and do not place any bids and do not click "I Agree". Please check this agreement periodically for changes as Bid Blab™ reserves the right to revise this agreement and your continued use of this site following the posting of any changes to this agreement constitutes acceptance of such changes. Bid Blab™ reserves the right to terminate a user's use of the application at anytime without notice and may do so for any breach of this agreement or the instructions on this site by the user.
Users must be over the age of 18 to agree to this user's agreement and register as a member and to use this site or place any Bids.
Upon your agreement to this user’s agreement, Bid Blab™ hereby grants you a non-exclusive, non-transferable limited license to use this application in strict accordance with the terms and conditions in this user’s agreement and as permitted via instruction on this application. You agree not to make any false or fraudulent statements in your use of or to gain access to this application. You acknowledge and agree that all images, ideas, intellectual property, designs and services available on this site are the property of Bid Blab™ and its advertisers or licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and intellectual property rights and laws, in the U.S. and internationally. All rights not expressly granted herein are reserved by Bid Blab™, its advertisers and licensors.
Except as may be explicitly permitted through use, you agree not to download, cut and paste, sell, license, rent, lease, modify, distribute, sell, reproduce, transmit, publicly perform, publish, adapt, edit or create unoriginal works from concepts, code or content contained on this application. Systematic retrieval of data or other content from this site to create or reproduce directly or indirectly, intellectual, application, database or directory information or contents without written permission from Bid Blab™ is prohibited. In addition to the above, any use of content or materials developed by Bid Blab™ and/or its affiliates for any purpose not expressly permitted in this agreement is prohibited.
You agree that if you are issued a Username and Password by the Bid Blab™, you shall use your best efforts to protect and prevent access to this site through your Username and Password by anyone other than yourself, including, but not limited to, keeping such information strictly confidential, notifying Bid Blab™ immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents or materials on or received by this application. You understand that the Bid Blab™ shall pursue such penalties to the full extent of the law to protect its rights and the rights of its advertisers and licensors.
"Bid" is an offer submitted by a participant, in a live auction, that does not exceed the "Bid Blab Price” set for that unique auction and meets the rules as defined in this user’s agreement to be considered a bid.
"Duplicate Bid" is a Bid submitted by a Participant in a Unique Auction where another Participant(s) has submitted a Bid(s) for the identical amount. Duplicate bids by bidders cannot be the successful bid as defined in this user’s agreement. (For example: If Participant "A" Bids $1.84 in a Unique Auction and Participant "B" subsequently submits the identical bid of $1.84 in the same unique auction, the bids will be classified as duplicate bids and will be excluded from being selected as the successful bid.
“Unique Bid” is a bid amount that is between zero and the bid blab price that no other user has bid at this moment. The bid is considered unique although there is another bidder that has bid an amount that is a higher value and unique.
"Highest Unique Bid" is the highest accepted bid with the highest unique value submitted by a participant in a specific auction. A duplicate bid WILL NOT be considered the highest unique bid.
"Closed Auction" is an Auction for a product and/or service that has ended by receiving bids from users and has met the criteria to end as set forth by Bid Blab™ in this user’ agreement.
"Bid Blab Price” is the maximum amount that a participant can bid in a unique auction. The "Bid Blab Price” will be set by Bid Blab™, at its sole discretion, prior to opening the auction and will be posted on the auction information page, and the auction bidding pages for each unique auction.
A member may choose to bid as many times as he/she wants if they have the required amount of Bid Blab Credits to bid on the auction.
"Live Auction" is a unique auction for a specific product and/or service, which has not met the closing criteria where users can still submit bids.
"Participant" a Member that submits a Bid, which is accepted, in a Live Auction.
"Winner" is the Participant that submitted the Highest Unique Bid.
"Retail Price" is the price supplied to Bid Blab™ by our partners and/or distributors. The retail price is typically equal to the Manufacturer’s Suggested Retail Price (MSRP) for a product and/or service, though Bid Blab™ does not warrant that the retail price will always be equal to the MSRP.
"Unique Auction" or "Auction" is an Auction set forth in this Users Agreement and has a unique code to identify it.
Bid Blab™ will determine for each Unique Auction, amongst other things, the following minimum details:
The product and/or service being offered in each auction;
the unique code defining each auction;
the "Bid Blab Price” for each auction;
the bidding credits required to participate in each auction;
the Date and Time the auction will close;
the retail price of the product and/or service being offered. Bid Blab™ is not responsible for any variances between the retail price and published MSRP for a particular product and/or service offered in an auction;
Once an auction closes, the highest unique bidder is given the right to purchase the product and/or service at the price defined by their highest unique bid. Bid Blab™ will pay all taxes and shipping expenses, unless otherwise stated in the auction's details. If a participant fails to pay the highest unique bid amount, as defined in this users agreement, they will forfeit the right to purchase the product and/or service.
Participants have the right to cancel their purchase of a product and/or service if their bid is the highest unique bid. The company reserves the right to re-offer cancelled or forfeited products and/or services in a new auction.
Registering as a Member
Before being eligible to participate in an auction each user must register as a member of the application and agree to the terms of this users agreement.
A user must be 18 years of age or older
Each individual user may register only once. If it is determined that the same user has registered with multiple identities, the company may at its sole discretion suspend the user and cancel the user’s bids in all auctions they are actively bidding.
Unless authorized by the company in advance, each household is limited to 4 individual members.
Upon registering with the application, a user will be required to select a unique Username and Password. The user agrees that once issued a Username and Password by Bid Blab™, they will use their best efforts to protect and prevent access to this site through their Username and Password by anyone other than the user. The Password chosen by the user must be "strong" and not be easily guessed by a third party.
Employees of BidBlab, their immediate family members, subsidiaries of Bid Blab™, and affiliates with access to bidding data may not become members nor participate in any auctions.
Participating in an Auction
Members may submit bids through Bid Blab™ internet web application (http://www.BidBlab.com). Bid Blab™ reserves the right to define additional Bid submission methods. Bid Blab™ may also, at its sole discretion, terminate a specific method and/or method of submitting Bids with or without notice.
Any valid Member has the right to submit a Bid and/or Bids in any Live Auction.
Members are required to maintain accurate information in their member profile. If inaccurate information or invalid shipping information is submitted the Participant's Bid(s) may be cancelled
The Company is not responsible for the inability to place a Bid for any reason including the inability to access the web application, and/or any other technical difficulties of any kind.
Bids and Bidding Fees/Bid Credits
Bidding Fees are satisfied with earned Bid Blab™ credits.
Participants will use eared credits to place bids in a live auction
The company will determine the credits required to participate
Bids not meeting the requirements of acceptance will not be accepted and the participant will not be charged a bidding credit for that particular bid and that bid will not be considered valid in an auction.
Bid Blab™ is not obligated to receive or accept any Bids from any person(s) and/or third party who wish to place a bid in an auction.
Requirements for Closing an Auction
An auction will become a closed auction once the time expires on the auction clock server that the auctions are hosted.
Once an Auction closes the highest unique bidder will be determined via the following minimum steps:
All duplicate bids will be disqualified;
All unique bids will be identified;
The highest unique bid will be determined as the highest remaining unique bid.
WITHIN FIVE (5) BUSINESS DAYS from the close of an auction, Bid Blab™ will publicize on its web site and/or via alternate methods, as deemed appropriate by Bid Blab™, the Highest Unique Bid for the auction. This notification will include the price submitted by the winner for that auction, the total number of bidders accepted for the auction and any other details or information the Company deems appropriate including the participants username, likeness and/or state of residence.
The winner will be notified via e-mail. If the company is unable to contact the winner via e-mail WITHIN FIVE (5) BUSINESS DAYS, Bid Blab™ may at its sole discretion and has the right to notify winner via telephone, standard mail or any other means that it deems necessary and appropriate.
The amount of the highest unique bid will be billed to the winner for the auction.
The winner must complete the final payment transaction within forty-five (45) business days of the auction becoming a closed auction. The transaction will be considered complete when Bid Blab™ has received full payment for the highest unique bid amount.
If the winner fails to submit full payment in the amount of the highest unique bid within the designated time period, they will forfeit the right to purchase the product and/or service. In such a case, the Company reserves the right, but is not obligated, to award the highest unique bid to the next highest unique bid for that auction, or the company may re-offer the forfeited products and/or services in a new auction at another time deemed appropriate by company.
Delivery of Products and/or Services
The delivery and/or supply of a product and/or service offered in an Auction is dependent on all conditions as stated in this users Agreement being meet. Deliver and/or supply of the product and/or service to the winner will NOT take place until the entire amount of the highest unique bid, as submitted by the winner in the auction.
The product and/or service, a certificate or other means of entitlement that allows the winner to receive the offered product and/or service will be shipped to the address that was provided by the winner in their member profile at the time their payment was submitted.
Bid Blab™ will determine the method of delivery at its sole discretion and such delivery shall completely fulfill Bid Blab™ obligation to supply the product and/or service to the winner.
The winner may not make any claim nor file any complaint against Bid Blab™ with regards to not receiving a product and/or service offered in an auction, because of, but not limited to, a change of shipping address as submitted by the winner and/or by providing an incorrect and/or inaccurate address.
Bid Blab™ will deliver or arrange the delivery of the product and/or service, or, at the Company's discretion, a certificate or other means entitling the winner to receive the product and/or service at a agreed upon location within forty-five (45) business days, from the day that the winner meets the requirements for product delivery as described herein this users agreement, unless otherwise stated by Bid Blab™.
The winner authorizes Bid Blab™ to extend the delivery date for any reason that is outside of Bid Blab™ control or responsibility and/or for any reason that relates to third parties including suppliers and delivery agents.
The winner may be obligated to produce two forms of personal identification, one of which must include a photo, (such as a state driver's license, passport, credit card, etc.) which correspond to the winner personal information, as submitted in their member profile at the time of the placement of the winning bid, to verify their identity. If the winner does not or refuses to provide this information, the Company and its delivery agents will not be required to release and/or supply to the winner the product and/or service until such information is provided.
Shipping and/or delivery fees will be paid by Bid Blab™ unless otherwise stated in the auction or negotiated.
The Company will not be held responsible for nonessential differences between the descriptions publicized by Bid Blab™ in an auction and the actual products and/or services that are provided. In the event of a discrepancy between the description of the product and/or service and that, which is provided by the manufacturer and/or service provider, the manufacturers and/or service provider's description will be binding. For this matter, the term "nonessential differences" refers to inconsistencies that do not change the general purpose of the product and/or service. If the description of a specific product and/or service differs essentially from the actual product and/or service delivered, the winner, will have the right to;
accept the product and/or service as is; or
cancel the winning bid and receive a refund of all payments that were billed for that auction and this will be the sole claim of the Participant against the Company.
Product and/or Service warrantees
The distributors and/or manufacturers and/or importers and/or providers of the products and/or services offered in an auction will distribute the product and/or service offered in the auction to the winner as directed by the Company.
The Company makes no representations or warranties as to any of the products and/or services provided in the auction and no claims may be made against the Bid Blab™ based upon the products and/or services provided.
All product and/or service warrantees will be provided (if provided) by the actual distributors and/or manufactures of the products and/or provider of services. No claims may be made against Bid Blab™ for defective products and or services.
Bid Cancellation and Refund Policy
The Successful Participant of an Auction shall be entitled to cancel the purchase of the product and/or service after the auction becomes a closed auction, at their sole discretion, in writing to the Company, by doing so; the winner will forfeit the right to purchase the product and/or service. If a member chooses to cancel their right to purchase a product and/or service, they may. The company reserves the right to re-offer cancelled or forfeited products and/or services in a new auction.
Auction duration and conditions for cancellation
Once opened, a Unique Auction will remain a Live Auction for a defined period of time and the auction meets the other requirements to close as stated herein this user’s agreement.
The Company is entitled to cancel or delay an auction, in the event of extraordinary circumstances not within the control of the Company, which may cause delay or prevent the proper process of the auction, prevents the auction from being conducted properly.
The Company has the right to cancel an auction and/or a bid, if the Company suspects that the bid was not submitted in good faith and/or with intention to deceive and/or in any case where the Company suspects ill and/or illegal use of user accounts.
All notices to the Company must be sent in writing and by registered/certified mail return receipt requested only to Bid Blab Inc. 4985 Moorhead Ave #3645 Boulder, CO 80307 Bid Blab Inc.
This in no way obligates Bid Blab™ to discuss any claim or respond to any claims. If no claim regarding a Bid, Auction, or its outcome is received by the Company, in writing, within 72 hours of the Auction closing, total acceptance of the results is assumed.
Users may receive a copy of the Users Agreement on the Internet web site: https://www.bidblab.com/sitemanager/terms
IN NO EVENT, OR AS PERMITTED BY APPLICABLE LAW, SHALL BID BLAB INC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR INVESTMENT PROFITS, LOSS OF BUSINESS OR PERSONAL ASSETS, LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION, OR ANY AND ALL OTHER LOSS WHICH RESULTS FROM YOUR USE OF THIS WEB SITE, OR ANY INFORMATION OR INTERNET LINKS OBTAINED, ACCESSED, DOWNLOADED, COPIED, OR CALCULATED, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, DELAY IN, OR INABILITY TO USE THIS WEB SITE OR ANY INFORMATION OR INTERNET LINKS ACCESSED, OBTAINED, DOWNLOADED, COPIED, OR CALCULATED AND WHETHER ATTRIBUTABLE TO ERRORS, OMISSIONS, DAMAGES, INFECTED, NEGLIGENT OR INTENTIONAL INACCURACIES OF ANY INFORMATION OR INTERNET LINKS, WHETHER OR NOT THE PARTIES MAINTAINING THIS WEB SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER SUCH RELATED CLAIM(S) ARE BASED IN CONTRACT, TORT, CIVIL, OR OTHERWISE. THE PARTIES MAINTAINING THIS WEB SITE SHALL NOT BE LIABLE OR RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES YOUR OR ANYONE ELSE'S COMPUTER SYSTEM, PROGRAMS, OR DATA.
BID BLAB INC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY DATA CONTAINED ON THIS WEB SITE AND/OR ANY PRODUCT DESCRIBED OR PROMOTED ON THIS WEB SITE, INCLUDING WARRANTIES WITH RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER RIGHTS OF THIRD PARTIES.
Details of Bids submitted by Participants are kept in strict confidentiality until the closing of the Auction.
If there are any additional or extraordinary taxes and/or payments according to law applying to an item offered in an auction not expressly defined in this user’s agreement as being paid by Bid Blab™, they will be paid by the participant.
The headings of this agreement are for convenience only and should not be used for the purposes of interpretation of the agreement.
This agreement shall be governed by and in accordance with the laws of the State of Delaware. If a dispute arises as to enforcement, interpretation or implementation of this agreement, the parties herein consent to personal jurisdiction in the State of Colorado and venue in the United States District Court.
Bid Blab™ will not be held responsible for the use of Bid details and/or other information given by participants when submitting bids, including through the Internet web site of the Company, by parties that are not Bid Blab™ and/or its employees, including hackers and/or parties that may penetrate the files of the Company's web site.
Members are encouraged to seek information from the manufacturer and/or service provider for the detailed specifications of the products and/or services offered through the auctions.
No provision of this agreement may be waived, except by a written waiver signed by both parties.
If one or more of the provisions or portions of the provisions of the herein agreement is declared, invalid, void, illegal or unenforceable, in any respect, the validity, legality and enforceability of the remaining provisions or portions of the provisions contained herein shall remain effective and binding and shall not be affected or impaired thereby.
This agreement shall be binding upon all parties hereto, as well as their agents, servants, successors, assignees, licensees and transferees.