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Terms and Conditions

	USER AGREEMENT Welcome to BIDernet ! BIDernet, Inc. welcomes you and wants your experience in using its website to be an enjoyable one; therefore, we are providing you with the following User Agreement (hereinafter referred to as "Agreement" or "User Agreement"). In order for you to become a member and have full use of the domains and sub-domains of www.BIDernet.com, we require that you accept the terms and conditions listed in BIDernet's User Agreement and Privacy Policy, as well as the terms and agreements referenced by our subsidiaries contained within BIDernet's website. Please carefully read this Agreement and become familiar with the terms and conditions provided herein. BIDernet also suggests that you familiarize yourself with the web pages (indicated as direct links) referenced in this document since they may contain other terms and conditions applicable to you as a member of BIDernet. Those web pages will be referenced in this document as any words preceded by "http://." If, after reading this Agreement, you do not agree to be bound by its terms and conditions or the terms and conditions of additional pages or websites located within the BIDernet website, we request that you do not access or use BIDernet's services. This Agreement applies to all registering new members. Any amendments to this Agreement will become effective immediately. 1. ELIBILITY REQUIREMENTS Any individual who is 18 years of age or older AND who can form legally binding contracts according to all applicable laws, is eligible for membership. BIDernet's website is not available to children under the age of 18, except when supervised by a parent or legal guardian. Our website is not available to any individual whose membership has been suspended, either temporarily or indefinitely by BIDernet. No Member may transfer or sell their BIDernet account, User ID, or feedback ratings. 2. FEES AND SERVICES 2.1 There is no charge to join BIDernet or to bid on items listed on our website. Seller has the opportunity to review and accept BIDernet's fees by referencing our Fees & Credits Policy. The Fees & Credits Policy that is in effect on the day of listing will be applied and payments will be made according to that policy. Policy changes will become effective immediately. 2.2 Regarding promotional events (i.e., reduced charge or free listing days), BIDernet reserves the right to temporarily change its Fees & Credits Policy and its fees for services for such promotional events. Such changes will become effective when the temporary promotional event is posted on our website. 2.3 Membership in BIDernet is non-transferable. Members may only change demographics on existing accounts solely for the purpose of updating their membership accounts. 2.4 If BIDernet offers a new service, fees for that service will be referenced in the Fees & Credits Policy and will become effective on the date the new service is launched. 3. ABOUT BIDernet 3.1 Auction Marketplace: BIDernet is a venue which allows members to list, sell, and buy merchandise in a variety of formats, including a fixed price format and an auction-style format often referred to as "online auctions" or "auctions". BIDernet is not an Auctioneer. BIDernet does not intervene in transactions made between Sellers and anyone who purchases an item (hereinafter referred to as "Buyer"). Consequently, BIDernet cannot guarantee the truth or accuracy of listings, the ability of Sellers to sell, the ability of Buyers to purchase merchandise, or the legality, quality, or safety merchandise advertised, listed, or auctioned on its website. BIDernet offers no guarantees that a transaction will be completed between a Buyer and a Seller. 3.2 Fixed Price Marketplace: BIDernet is a venue which also allows members the ability to purchase items at a fixed price from other members. Members agree to the terms and conditions set forth regarding the services provided by this site. 3.3 Member Verification: BIDernet has many ways to verify the accuracy of information provided to us by our users (hereinafter referred to as "Member(s)", "User(s)", "Buyer(s)" or "Bidder(s)" when acting as a Buyer in a BIDernet transaction or "Member(s)", "User(s)", "Seller(s)" or "Auctioneer(s)" when acting as a Seller in a BIDernet transaction) when they register; however, since verification is difficult on the Internet, BIDernet does not confirm the information provided by each User. Third party escrow services may also be considered should you have any doubt as to the validity of information being provided to you by another User. Please refer to our Buying and Selling Tools page. 3.4 Cautions: BIDernet strongly suggests that its members use caution when placing personal information online. Likewise, BIDernet has no way of guaranteeing the accuracy of information a User provides, nor does BIDernet have any way of guaranteeing that Users are who they claim to be. BIDernet does not verify each User's alleged identity. Under no circumstances should you disclose your password or any other personal information to an unauthorized third party. It is the Member's responsibility to protect and maintain the confidentiality of password(s) and personal information. It is your responsibility to ensure that all activity conducted under your Screen Name/Username and password, is in accordance with the terms and conditions of this Agreement. BIDernet will never ask a Member for its password under any circumstance. Should you suspect or become aware of any unauthorized use of your Screen Name/Username and/or password violations, it is Member's responsibility to notify BIDernet immediately. 4. YOUR INFORMATION 4.1 Explanation: Members will provide BIDernet with personal information during the registration, bidding and/or listing processes, in any of the public message areas, or when corresponding via email within BIDernet's website. Members are solely and individually responsible for any personal information provided to BIDernet. BIDernet acts only as a conduit for its Members to distribute and/or publicize any information provided by the Member to BIDernet (hereinafter referred to as "Your Information".) 4.2 License Rights: Members agree to grant BIDernet a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, but no other rights, that Member may have in "Your Information", in any media now known or unknown, for the sole purpose of enabling BIDernet to use the information supplied to it by Member. Your Information will only be used in accordance with the terms of BIDernet's Privacy Policy. 5. MEMBER'S PRIVACY BIDernet will not sell or rent your personal information to third parties for their marketing purposes without first obtaining your permission. Your Information will only be used as described in BIDernet's Privacy Policy. BIDernet clearly understands that protecting the privacy of Your Information is of utmost importance to its Members. BIDernet stores and processes Your Information on computers located within the United States. Our computer systems are protected physically and with technological security devices. BIDernet will not disclose any of Your Information with other Users in auctions whether you are the Seller or the winning Bidder for the purpose of completing a transaction, other than your Screen Name/Username and/or email address BIDernet utilizes third parties to verify and certify our Privacy Policy. Please refer to BIDernet's Privacy Policy at: (insert link to privacy policy here) for more details regarding our use of your information. 6. LISTING & SELLING 6.1 Listing an Item: When listing an item on our website, you declare that you are of legal age and legally able to sell the item(s), and agree to BIDernet's terms and conditions for listing and selling an item(s). You also agree that the summary or description of the item(s) listed is accurate and fair. When listing an item(s) for sale, it is your responsibility to ensure that it does not infringe upon any copyrights, trademarks, or other rights of those third parties. Your listing may only include information relevant to the items(s) you wish to sell. When listing an item(s), as a registered Seller you are responsible for entering the item's title, summary or description, the listing category, the quantity available for sale, the physical location of the item, the type of auction chosen, the reserve amount (if applicable), the opening bid amount, the fixed price, the auction start and end dates and times, length of online auction time, payment and shipping terms, any listing enhancements, the URL location for a picture to be included, and any other information that may be required. You are not allowed to state that Buyers may purchase the item(s) outside of the auction(s). Use of such tactics may result in an indefinite suspension of your account and legal action may be taken against you by any parties affected by such statements. All multiple items listings (also known as Multiple Quantity Auctions) must be identical in size, color, make, model, graphics, pictures, descriptions, etc. You are allowed to list up to 50 identical items for sale at any one time unless you are selling items in a fixed price format. 6.2 Forbidden Activities and Listings: You are not allowed to list or sell any of the following items, or conduct any of the following activity, without exception, under any circumstances: a. Item(s) considered to be illegal for sale under any applicable law, statute, ordinance or regulation (including and without limitation, any items contradictory to export control, consumer protection, unfair competition, antidiscrimination, homeland security, and/or false advertising); b. Item(s) considered to be illegal for sale in the circumstance of auction or which, if sold through BIDernet, would violate local, state, federal, law or any statute, ordinance or regulation; c. Using misleading, false, or inaccurate information on any of BIDernet's websites; d. Activity that would create a liability for BIDernet or cause BIDernet to lose its ISP services (in whole or in part), or the services of our other suppliers; e. Activity that links directly or indirectly to, or includes descriptions of, goods or services that are forbidden under this Agreement; are identical to other items you have listed to be auctioned but are priced lower than your item's reserve or minimum bid amount; are listed for sale on a website other than BIDernet's at concurrent times (though you may link to or advertise a BIDernet item from another website) or that you do not have a right to link to or include; list an item or complete any transaction that was initiated using BIDernet's website, that, by paying to BIDernet the listing fee or the final value fee, could cause BIDernet to violate any applicable law, statute, ordinance or regulation, or that violates our current (insert link to Forbidden Practices Policy). f. Wording that contains instruction(s) to perform an illegal act, participate in illegal activity, or to obtain merchandise or services in an illegal manner; g. Item(s) that is not within your legal authority to sell; h. Item(s) that is counterfeit or stolen; i. Item(s) that infringes upon or violates any third party's rights, copyright, patent, trademark, trade secret, or other proprietary rights, privacy rights, or publicity rights; j. Item(s) that is unlawfully threatening or harassing, defamatory or trade libelous; k. Item(s) that is obscene, contains child pornography or other pornographic or indecent material. This shall include any material or items of an Adult nature that would not be suitable for anyone under 18 years of age; l. Soiled undergarments; m. Human remains including, but not limited to, skulls, bones, body parts, relics, etc.; n. Live animal(s); o. Alcoholic beverages unless you are reselling an alcoholic beverage that was purchased from a retailer, is still in its original packaging, and is legal to deliver into the recipient's jurisdiction; p. Firearms, automatic weapons, or switchblades; q. Food with the exception of packaged food which has met all applicable local, state, and federal regulations for sale to the public by commercial merchants; r. Cigarettes; s. Item(s) which BIDernet, at its sole discretion, may consider to be offensive, inflammatory, or otherwise contradictory to the intent of our website. Pleasse see http://www.bidernet.com/forbidden_items.php for guidelines regarding forbidden items. 6.3 Selling an Item: Seller is obligated to complete a transaction with the highest Bidder if at least one bid is received at or above the declared minimum price (or in the case of reserve auctions, at or above the reserve price) once the auction has closed unless there are extraordinary circumstances such as an inability to verify the Buyer's identity or the Buyer fails to meet the terms and conditions of the listing. Seller may not place bids or otherwise arrange to have bids placed on behalf of the Seller. Seller must notify BIDernet as soon as an item is no longer available for sale. Should Seller neglect to notify BIDernet that an item has been removed, Seller will be charged a non-refundable commission fee based on the selling price or the minimum bid price of the item, whichever is higher. Seller shall be responsible for contacting existing Bidders to inform them that an item is no longer available for sale before canceling the auction. Bid manipulation of any kind is expressly forbidden. Seller is not allowed to manipulate the price of any item(s), nor is Seller allowed to interfere with another User's listing(s) or transaction(s). "Shill Bidding" or the use of secondary registrations, associates or aliases, in order to artificially raise the bidding on an item(s), is expressly forbidden. Sellers who bid on their own item(s) in order to be able to remove item(s) from auction, or for any other reason, risk being barred from further placing item(s) on BIDernet's website. BIDernet reserves the right (without limit to other remedies) to suspend or terminate your account if it is suspected that you have engaged in any type of fraudulent activity in connection with our website. 6.4 Sales Taxes: The sale of any and all merchandise through the use of BIDernet’s services is an exclusive transaction between the Buyer and Seller, and may be subject to Federal, State, or Local taxes, depending on the laws of the particular state in which the Seller resides, as well as whether or not the Buyer resides in that same State. Please check with your State and Local governments regarding your responsibilities and obligations in this matter. BIDernet is not liable or responsible for the collection or remittance of any sales taxes which may be legally due to any government entity as a result of any consummated transaction between Buyers and Sellers on BIDernet’s website. 7. BIDDING & BUYING 7.1 Bidding: When bidding on an item, you agree to be bound the terms of this Agreement and by the Seller's conditions of sale in the item's description, provided that the conditions are not in violation of any applicable law or this Agreement. As a Member, you are permitted to place or update a bid on an item each time you view an auction. BIDernet is designed in such a way that Users can preview and confirm their bid prior to submitting it. Bids may not be retracted except in extraordinary circumstances (i.e., Seller's identity cannot be verified; Seller changes the description of an item after bidding has occurred; an obvious typographical error has been made; Seller fails to confirm your purchase on the (list location) area of BIDernet's website.) You are required to complete a transaction at the end of the auction if (a) your bid is the highest bid at or above the minimum bid price, (b) your bid is accepted by Seller, or (c) your bid is at or above the reserve price in the case of reserve auctions. Only the registered User may bid on an item. Sharing User Names/Screen Names is prohibited without exception. You may not bid on an item for the sole purpose of maximizing another Member's bid, request a bid cancellation then bid again at an increment above the current high Bidder. 7.2 Buying: If you purchase an item through an auction style or fixed price format, as a Buyer you agree to, and are obligated to, complete the transaction with the Seller. It is expressly forbidden for Buyers to communicate with each other for the purpose of manipulating the final price of an item. If you are the highest Bidder at the end of an auction, and you meet the minimum bid or reserve requirements and your bid is accepted by the Seller, you agree to, and are obligated to complete the transaction with the Seller, unless the transaction is prohibited by law or this Agreement, or the item is listed in a category under the Non-Binding Bid Policy . 8 RATING & FEEDBACK SYSTEM 8.1 Explanation: As an aid to our Members, BIDernet offers a Rating and Feedback System as an added security measure which provides Members with an opportunity to rate and provide feedback regarding another Member's performance while conducting business on BIDernet's website. Please note that this feature applies only to the High Bidder and Seller in a transaction. Additionally, please do not leave negative feedback if a Member fails to complete an action that is not directly related to a transaction (known as feedback extortion), or leave positive feedback for yourself using a secondary account or third party (known as feedback bombing). Any method of manipulating feedback is prohibited on BIDernet's website, and can result in the termination of your user status. 8.2 Negative Feedback: If your feedback rating falls below negative five (-5) BIDernet may suspend your membership indefinitely from its system and you will be unable to bid, list or otherwise participate on our website. If your membership has been suspended from our website, but you amend the negative feedback, you may be reinstated under extreme circumstances, at BIDernet's sole discretion. If negative feedback is received, Members have the option to post replies to such feedback on their Review & Feedback personal account. You agree conduct yourself in an appropriate manner when posting comments in the feedback areas and bulletin boards. Inappropriate postings are those which contain content that is abusive, threatening, defamatory, libelous, hateful, profane, pornographic, or racially or ethnically objectionable. BIDernet does not assume responsibility for the content of the public display areas such as chat rooms, feedback areas, or bulletin boards, but does, however, reserve the right to eliminate any posting which it may consider to be inappropriate. BIDernet strongly encourages Members to work through any differences directly with one another should a dispute arise. You agree that your feedback consists of a composite feedback number compiled by BIDernet and the comments made by other Members, and that the composite number without the comments does not convey your full User profile. You agree that you will not export or market your BIDernet feedback rating in any venue other than a BIDernet operated website. Additionally, BIDernet does not provide the technical ability for you to import feedback from a non-BIDernet operated website because a composite number without the related feedback does not accurately reflect your online reputation with BIDernet. 9. SECURITY & INTEGRITY In order to protect the security and integrity of BIDernet's website, Member agrees not to interfere with, or attempt to interfere with, the workings of BIDernet's website or any auctions being conducted. BIDernet's website contains robot exclusion headers. A large amount of the information on BIDernet is updated on a real time basis and is proprietary or specifically licensed to BIDernet by its Members or third parties. Any manual or automatic device, robot spider, software or routine used to copy or monitor BIDernet's content or web pages is strictly prohibited without the expressed prior written consent of BIDernet, the affected Member, or the affected third party. Any communication and/or information that Member provides will be free of any viruses, worms, Trojan horses, Easter eggs, time bombs, cancelbots, or other harmful computer programming practices that may be damaging or detrimental to, interfere with, intercept, or expropriate any system, data, or personal information on BIDernet's website. Since most of BIDernet's content is proprietary or is licensed to BIDernet by its Members and/or third parties, you agree not to copy, reproduce, alter, modify, publicly display or produce derivative works of any content (with the exception of Your Information) without the expressed prior written consent of BIDernet, the affected Member, or the affected third party. You agree not to conduct any action which may impose a disproportionately, unreasonably, or unusually large load on BIDernet's infrastructure, or to bypass, or attempt to bypass, our robot exclusion headers or any other measures BIDernet uses to prevent or restrict access to our website. 10. AGREEMENT BREACH Without limiting other remedies, in the event that you breach this Agreement, or any other agreements or terms and conditions attached within BIDernet's website (whether BIDernet's or a third party's), BIDernet reserves the right to restrict your activity, immediately and/or without notification remove any current bid you may have posted or items you may have listed on our website, issue a warning to you, publish a warning about your activity to our Users, temporarily, indefinitely or permanently suspend or terminate your membership, and refuse to provide any BIDernet services to you. These consequences may also be imposed if BIDernet is unable to substantiate the information provided to us by you, or if BIDernet suspects that your activity may pose a financial burden or legal liability for you, our Users, or BIDernet. BIDernet cooperates with local, state, and federal law enforcement agencies. Fraudulent activity will be prosecuted to the fullest extent of the law. 11. NO WARRANTY BIDERNET, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRIGEMENT. MEMBERS AGREE THAT THEIR USE OF BIDERNET'S SERVICES IS STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MEMBERS AGREE TO USE BIDERNET'S SERVICES AT THEIR OWN RISK, WITHOUT ANY WARRANTY OR CONDITION EXPRESSED OR IMPLIED ON BIDERNET'S PART. (This disclaimer may not apply in the case of States that do not allow the disclaimer of implied warranties. Members have specific legal rights given to them in this warranty. Members may also have additional legal rights specific to individual States.) BIDERNET MAKES NO WARRANTY THAT ITS SERVICE WILL MEET MEMBERS' REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. BIDERNET MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BIDERNET'S SERVICE. BIDERNET MAKES NO WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ITS SERVICE, OR THAT DEFECTS IN SOFTWARE ON BIDERNET'S WEBSITE WILL BE CORRECTED. BIDERNET MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OBTAINED THROUGH BIDERNET'S SERVICES, OR ANY TRANSACTIONS ENTERED INTO THROUGH BIDERNET'S SERVICES. MEMBERS AGREE THAT NO ADVICE OR INFORMATION OBTAINED (WHETHER ORAL OR WRITTEN) FROM BIDERNET SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE WITHIN THE TERMS AND CONDITIONS OF BIDERNET'S USER AGREEMENT. 12. LIMITED LIABILITY BIDERNET, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS SHALL, IN NO WAY, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR THE INABILITY TO USE, BIDERNET'S SERVICES, OR THE COST OF THE PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH BIDERNET'S SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, ARISING OUT OF, OR IN CONNECTION WITH BIDERNET'S WEBSITE, BIDERNET'S SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN THOUGH BIDERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIDERNET'S LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTY, UNDER ANY CIRCUMSTANCE, IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY BIDERNET DURING THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND $100. (Some States do not allow the exclusion or limitation of incidental or consequential damages. In such cases, the above limitation or exclusion may not apply.) 13. INDEMNITY You agree to indemnify and hold BIDernet, and (as applicable) its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any and all claims, damages, losses, costs (including reasonable attorney's fees), or other expenses that may arise directly or indirectly by any third party due to, or as a result of, your breach of this Agreement, any documents incorporated by reference, including your violation of any law, any allegation that materials submitted by you to BIDernet or transmitted by you to BIDernet's services, infringe or otherwise violate, the rights of services offered by BIDernet and/or any third party. 14. NOTICES Unless explicitly stated otherwise, any notices to BIDernet shall be sent by mail to BIDernet, Inc., at 3445 North Causeway Blvd Suite 309, Metairie, Louisiana 70002. Any notices from BIDernet shall be sent by email to the address Member provides to BIDernet during the registration process. Notice shall be deemed given twenty-four (24) hours after receiving an email, unless BIDernet notifies the sending party that the email address is not valid, in which case, BIDernet may send notice by certified mail, postage prepaid, and with return receipt requested to the Member's address provided to BIDernet during the registration process. In such event, notice shall be deemed to have been given three (3) days after the date notice is sent. Additionally, BIDernet may, at it’s discretion, give notice of changes to its User Agreement or other announcements on BIDernet's website. 15. LEGAL COMPLIANCE You agree to abide by all applicable state and national laws, statutes ordinances and regulations while using BIDernet's services, regarding the listing, purchasing, solicitation of offers to purchase, bidding and/or selling of merchandise on this website, including sales tax compliance. 16. DISPUTE RESOLUTIONS BIDernet relies on the integrity of its Members to honor their commitments and responsibilities. If you offer an item for sale or if you bid on an item and win, you are responsible for completing the transaction. Should a dispute arise among BIDernet's Users, you agree to release BIDernet, its officers, directors, subsidiaries, joint ventures, agents and employees from any and all claims, demands or damages of any kind or nature, currently known or unknown, suspected or unsuspected, disclosed or undisclosed, in connection with, or arising out of, any such disputes. BIDernet will provide you with neutral and cost effective measures for quickly resolving disputes. Accordingly, you and BIDernet agree that any claim or controversy at law or equity arising out of BIDernet's services or this Agreement (hereinafter referred to as "Claims"), shall be resolved using one of the alternatives listed herein, or as otherwise mutually agreed upon in writing by all parties. BIDernet strongly encourages you to contact us first to seek a resolution before resorting to one of these alternatives. BIDernet will consider reasonable requests made by Users to resolve a dispute through the use of alternative dispute resolution procedures such as mediation in lieu of litigation. 16.1 Binding Arbitration: Binding Arbitration may be used by you or BIDernet to resolve a dispute or Claim arising out of, or relating to this Agreement or BIDernet's services (with the exception of legal actions taken by BIDernet to collect fees, obtain an injunction, or recover damages for BIDernet's website operation and/or services), where the total amount is less than $10,000. Binding Arbitration may be conducted via telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. Any such disagreement or Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any other disagreement or Claim of any other party. Arbitration shall be conducted by the American Arbitration Association or JAMS, according to their applicable rules or other established ADR provider that is mutually agreed upon by the affected parties. Arbitration shall be conducted in Polarville, MS. You or BIDernet may seek interim or preliminary relief from a court of competent jurisdiction located in Polarville, MS in order to protect the rights or property of you or BIDernet pending the outcome of the Binding Arbitration process. Any ruling on an award rendered in the Binding Arbitration process may be entered into any Court having competent jurisdiction therein. 16.2 Court: You or BIDernet have the right to have any Claim adjudicated by a court of competent jurisdiction located in Polarville, MS. You and BIDernet agree to accept and submit to the personal jurisdiction of the courts located within the County of Pearle River. 16.3 Alternative Dispute Resolution: BIDernet will consider, but is not obligated to, the use of other alternative forms of dispute resolution, such as Binding Arbitration to be held in Polarville, MS or any other location that is mutually agreed upon by the affected parties. All Claims (with the exception of requests for injunctive or equitable relief) between parties shall be resolved using one of the dispute resolution mechanisms available, which are selected in accordance with this section by the first party to request resolution of a dispute or to file a Claim. BIDernet strives to provide its Members with excellent customer service and support; therefore, any disputes between a Member and BIDernet regarding BIDernet's services, should be reported to our Customer Service & Support Department by completing the form located at http:// . Unresolved disputes regarding a transaction between a Buyer and Seller on BIDernet’s website should be reported to the appropriate authority, including your State's Postmaster General, local law enforcement agency, or a certified mediation or arbitration agency. Additionally, Members may also report any complaints in writing to the (List the name the State's Consumer Protection Agency and address), or by telephone by calling (List telephone number of agency). 17. NO AGENCY You agree that no agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created between BIDernet and its Members by this Agreement. 18. MEMBER PARTICIPATION IN PROMOTIONS OR ADVERTISING BIDernet assumes no responsibility, obligation, or liability for a Member's correspondence with, or participation in, any promotions or advertisements of an advertiser presenting its products or services on BIDernet's website. The terms, conditions, warranties, or representations associated with such correspondence or participation will be solely between the Member and the advertiser or company offering the promotion. 19. TERMINATION BIDernet may, at its sole discretion, terminate any or all conditions of this User Agreement, including any current auction(s), and/or access to its website and the services provided therein to any member(s), for any reason, and without notice. 20. DISCLOSURES BIDernet offers the services hereunder and is located at 3445 North Causeway Blvd Suite 309, Metairie, Louisiana 70002. You may request this same information and have it emailed to you by sending a letter to the above address with your email address included, together with a request for such information. You may view our fees for services described in our Fee Schedule located at http:// . 21. GENERAL This User Agreement and the relationship between BIDernet and its Members shall be governed in all respects by the laws of the State of Delaware as applied to agreements entered into and executed within that State. BIDernet does not guarantee uninterrupted, continuous, or secure access to our services and operation of BIDernet's websites. Operation of our websites may be affected by, or interfered with by numerous factors beyond BIDernet's control. BIDernet's failure to exercise or enforce any right or provisions of this User Agreement shall not constitute a waiver of such right or provision. In the event that any provision of this User Agreement is determined to be invalid by a court of competent jurisdiction, such provision shall be stricken from this User Agreement and the remaining provisions shall be enforced. Member understands and agrees that BIDernet may, in its sole discretion, automatically assign this User Agreement in the event of a merger or acquisition with a third party. The entire agreement between parties with respect to the matters as set forth above is stated in this User Agreement. Headings listed in this User Agreement, are intended for reference purposes only, and in no way, define, limit, construe, or describe the scope or extent of any such section. BIDernet's failure to act regarding a breach by a Member or others, in no way waives BIDernet's right to act with respect to similar or subsequent breaches. Member agrees that this User Agreement sets forth, in its entirety, the agreement and understanding between Member and BIDernet with respect to the subject matter. Sections 2 (Fees & Services) with respect to fees owed for BIDernet's services, 3.5 (Release), 4.2 (License Rights), 9 (Security & Integrity), 13 (Indemnity), and 16 (Dispute Resolutions) shall survive any termination or expiration of this User Agreement. Member agrees that this User Agreement and all incorporated agreements may be automatically assigned by BIDernet, in its sole discretion, in accordance with Section 14, "Notices". There are many commercially available parental control protections that are available and may assist you in limiting access to material that may be harmful to minors. Such protections may include computer hardware, software, or filtering services. Members may learn more about such available protection measures by visiting our website at http:// or by visiting other similar sites which provide information regarding protection measures that are available. This link is provided to Members for information purposes only, and is not intended to be an endorsement of 's website, services, or policies, nor is BIDernet affiliated with in anyway whatsoever. 22. ADDITIONAL TERMS The policies listed below have been incorporated into this User Agreement by reference and provide additional terms and conditions related to specific services offered on BIDernet's website: Message Board Usage Policy: http:// Forbidden Practices Policy: http:// Investigations Policy: http:// Listing Policy: http:// Non-Binding Bid Policy: http:// Non-Paying Bidder Policy: http:// Outage Policy: http:// Privacy Policy: http:// Prohibited, Questionable & Infringing Item Policy: http:// Real Estate Policy: http:// Any of the policies listed above may be changed at any time and will become effective immediately upon being posted on BIDernet's website, with the exception of BIDernet's Privacy Policy, in which case BIDernet will provide Members with thirty (30) days prior notice. Additionally, Members agree that they are subject to any posted policies or rules applicable to BIDernet's services when using particular services on its website which may be posted periodically. All such posted policies or rules are hereby incorporated into this Agreement by reference.
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