BBAR10 Auction, LLC Terms of Service
Welcome to BBAR10 Auction, LLC. By using BBAR10 Auction, LLC you agree to the following terms with BBAR10 Auction, LLC.
This Agreement is effective on January 13, 2010 for current users, and upon acceptance for new users. The previous amendment to these Terms of Service was effective for all users on Jan 12, 2010.
Before you may become a member of BBAR10 Auction, LLC, you must read and accept all of the terms in, and linked to, these Terms of Service and the BBAR10 Auction, LLC Privacy Policy. By accepting these Terms of Service, you agree that these Terms of Service and Privacy Policy will apply whenever you use BBAR10 Auction, LLC website and services.
Keep it Clean
We expect everyone to be respectful and decent. That means no profanity, pornography, discrimination, or any other form of abuse will be tolerated. Illegal goods and services are not allowed on this website. Violators will be banned and their auctions will be removed without refund.
Be Fair to Others
Items and Services must be placed in the category that best fits. We reserve the right to change the category of your listing if we feel there is a more appropriate category.
Be Honest
False, inaccurate, misleading, defamatory, or libelous content is not permitted on this website. Again, use common sense and remember the Golden Rule.
Abuse
Please report any problems, offensive content, or policy violations to us immediately. We will take immediate action on the incident. We report all offenders to law enforcement authorities, including the FCC and the Department of Homeland Security, as appropriate.
About Your Content
You must have copyright ownership or permission of an item in order to post it on this site. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content.
Website Maintenance
Our web hosting service guarantees 99.9% uptime. Regular daily server maintenance is normal and required to update virus protection, and for other necessary tasks. These operations are normally performed during non-peak traffic times and usually only last several minutes. We are not responsible for any loss or damages arising from our website being temporarily unavailable.
Liability
You will not hold BBAR10 Auction, LLC responsible for other users' actions or inactions, including things they post. We are not involved in any transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of this site.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees), from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and BBAR10 Auction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using the message form on the Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes
BBAR10 Auction is a Wisconsin Limited Liability Corporation. This Agreement shall be governed in all respects by the laws of the State of Wisconsin as they apply to agreements entered into and to be performed entirely within Wisconsin between Wisconsin residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against BBAR10 Auction must be resolved by a court located in Wisconsin.
Changes
Each of these policies may be changed from time to time. Changes take effect when we post them on the website. When using particular services on the website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
Promotional Codes
BBAR10 Auction may issue Promo Codes from time to time that entitle members to list auctions at a complimentary or discount rate. BBAR10 Auction reserves the right to remove any credits for auctions not used after a promotional period ends. This will not affect any auctions that are currently active on the website.
General
BBAR10 Auction is located at 9685 Western Way, Amherst, WI 54406. 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. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.