Terms of Service or Terms and Conditions - Jan 2024
Welcome to iBidd! Please carefully read the following Terms of Service ("Terms") as they apply to your access and utilization of all iBidd platforms, encompassing iOS, Android, and/or iBidd browser, all mobile applications, and any other online access to products and services (collectively referred to as the "iBidd Services" or "Services") provided by iBidd Inc. ("iBidd" or "we").
Agreement to Terms: By utilizing iBidd or accessing any of our platforms, you acknowledge and agree to be bound by these terms, including all terms incorporated by reference. Should you disagree with these terms, kindly refrain from using iBidd.
Mandatory Arbitration: You expressly agree that you have thoroughly reviewed these Terms of Service, including the mandatory arbitration provisions. In the event of disputes, you consent to their resolution through final and binding arbitration on an individual basis, and not as part of a class-wide or consolidated proceeding. If you wish to opt out of the arbitration provision, it is imperative to communicate your decision accordingly.
Thank you for choosing iBidd. We look forward to providing you with a seamless and enjoyable experience. If you have any queries or concerns regarding these terms, please don't hesitate to contact us.
Changes to iBidd Terms of Service: At iBidd, we are steadfast in our commitment to upholding the highest standards of legal compliance and data privacy. Consequently, our Terms of Service may undergo periodic amendments to align with evolving legal requirements, changes in our data collection processes, or any pertinent matters that come to our attention.
Whenever revisions are made to these Terms of Service, the "Effective Date" at the document's top will be updated to reflect the latest version. We strongly encourage all our esteemed users to periodically review our Terms of Service to stay abreast of any modifications. Additionally, if deemed necessary, we may notify users of changes via email to ensure awareness of amendments to the Terms of Service.
Your ongoing engagement with iBidd reaffirms your dedication to abiding by these revised Terms of Service. We deeply value your trust and involvement in our platform, and we are committed to upholding transparency and compliance with your expectations and applicable regulations.
NOTE: THESE TERMS OF SERVICE CONTAIN A DISPUTE RESOLUTION CLAUSE THAT AFFECTS YOUR RIGHTS REGARDING HOW DISPUTES ARE RESOLVED. PLEASE READ IT CAREFULLY.
Intellectual Property: You agree that all content published and made available on iBidd is the property of iBidd. This includes, but is not limited to, images, text, logos, documents, downloadable files, and anything that contributes to the composition of iBidd.
Acceptable Use: As a user of iBidd, you agree to use iBidd legally and not for illegal purposes.
You agree not to:
Legal Correspondence: For all legal requests, please forward them to the address specified above. In instances where iBidd incurs costs due to such requests, you hereby agree to reimburse iBidd for the expenses associated with producing a response before iBidd's obligation to provide an answer.
Account Eligibility: To utilize our Services, you must be at least 18 years old.
If you are using the iBidd Services on behalf of a legal entity, you affirm and warrant that you have the authority from such entity to act on its behalf. Should you use our iBidd Services on behalf of another individual or entity, said person or entity agrees to assume responsibility to iBidd for any breach of these Terms.
You must not be under suspension or removal from the iBidd platform, nor should you be in violation of any other agreement to which you are a party by accepting these Terms.
iBidd does not knowingly permit individuals under the age of 18 to create accounts or access our Site or Services. If you are under 18, you are prohibited from using iBidd. Parental control measures are available to restrict access to content that might be harmful to minors.
iBidd Account Deactivation: To deactivate your iBidd account using your mobile device, please follow these steps:
Accounts and Security: To access the advantages of our Services, the creation of an iBidd account may be required. Throughout the registration process, it is crucial to furnish accurate account information and comply with age and eligibility prerequisites. Please be aware that iBidd reserves the right to reclaim account usernames in the presence of legitimate trademark rights or claims from businesses or individuals.
Certain iBidd Services may encompass supplementary terms, such as those imposed by social media platforms or third-party payment processors. By utilizing these specific Services, you commit to adhering to these additional terms, which will be integrated into your agreement with iBidd.
iBidd retains the prerogative to revise these Terms periodically. Any modifications will be communicated by updating the date indicated at the top of these Terms. The revised Terms will become effective immediately, and your ongoing use of iBidd Services post-notification denotes acceptance of the altered terms. If you disagree with the amended Terms, it is imperative to cease using iBidd Services.
For any inquiries about these Terms of Service or Privacy Policies, please reach out to iBidd at:
Feedback at iBidd: Should you wish to provide feedback to iBidd or need to contact us for any reason, please utilize the link below or send correspondence to iBidd at:
Welcome to iBidd! Listing Items, Services, Products or Ads: Our platform empowers you to effortlessly showcase a diverse range of items, services, products, and advertisements. Utilize pictures, videos, and detailed descriptions to effectively present your offerings to a broad audience.
To list on iBidd, you can use a Free account or a Subscription. upon account creation, you'll be granted two Free Ads and 2 Free credits. additionally, you can upgrade to a subscription or acquire iBidd Credits by purchase on our website or mobile Apps, where you can conveniently view your Credit balance and usage history.
Maximize your listing experience by participating in our referral program, earning complimentary Credits. When someone registers a new iBidd account using your designated referral code, you'll receive a predetermined number of Credits as an appreciation.
Beyond standard listings, iBidd provides various options to enhance the visibility and reach of your offerings. Invest in additional Credits to unlock features like "Make Mine First," "Bump," "Highlight," "Video Listings," and “Urgent to sell.” or opt for promotion within selected services. These premium features elevate the prominence of your listings, ensuring heightened exposure within the platform.
Stay tuned, as iBidd may introduce additional packages and subscription options for listing and promoting new items, services, ads, or products across our evolving platforms. As these opportunities arise, we'll provide you with comprehensive details through iBidd's interface.
Our commitment is to offer you a range of choices that effectively showcase your offerings and amplify their visibility within the vibrant iBidd community.
iBidd Green: Here at iBidd, we take pride in being a pro-environment company dedicated to championing Eco-friendly practices. As part of our commitment to sustainability, we are thrilled to offer FREE listings for all pro-environment initiatives. You can champion green listings, items, services, products, ads, and more by sharing detailed pictures and videos with descriptions on iBidd Eco.
To ensure the authenticity of our pro-environment marketplace, iBidd retains the right to remove any listings that violate our listing policies. Our focus is on the green and charity sectors, and these listings undergo meticulous reviews. We kindly urge all users to adhere to our listing policies, fostering the protection and well-being of the entire iBidd community.
By collaborating to uphold our pro-environment values, we can cultivate a lively marketplace where sustainable choices are not just embraced but celebrated and supported. Come join us on iBidd Eco to showcase your Eco-friendly initiatives and contribute to a greener future.
iBidd Charity: Here at iBidd, we take immense pride in being a pro-charity company devoted to championing impactful causes. In line with our dedication, we are thrilled to extend FREE listings for all charity initiatives. Whether it's supporting charity listings, items, services, products, ads, or more, you can share your passion by uploading pictures and videos with detailed descriptions on iBidd Cares.
In our commitment to maintaining the integrity of our charity-eccentric marketplace, iBidd retains the right to remove any listings that run afoul of our policies. We hold the values of both charity and green initiatives in high esteem, subjecting all listings in these categories to meticulous scrutiny. We kindly request all users to uphold our listing policies, as it is paramount to safeguard the interests of the entire iBidd community.
By becoming a part of iBidd Cares, you not only gain a platform to showcase your support for meaningful causes but also contribute to a positive impact. Together, let's build a dynamic space where charity initiatives flourish and play a pivotal role in creating a better world.
User Goods and Services: iBidd serves as a platform for users to showcase, sell, or advertise goods, services, and Ads. It's crucial to understand that iBidd does not assume responsibility for the Listings created by users. The quality or accuracy of these Listings cannot be guaranteed by us. Nevertheless, should we receive information indicating a user's violation of our Terms of Service, we retain the right to suspend or restrict that user from Listing on iBidd.
We strongly advise all users to exercise caution and conduct thorough due diligence when engaging in transactions on iBidd. It's recommended to carefully assess the offered listings and engage in communication with the seller through the iBidd chat to address any doubts or concerns before reaching an agreement. By taking these steps, users can make well-informed decisions and cultivate a positive experience on iBidd.
Sale of Goods and Services on iBidd: These Terms of Service regulate the sale of goods and services on iBidd and are applicable to all Ad Listings showcased on our iBidd Services upon access. This encompasses products listed as "out of stock" by users. While iBidd mandates accurate information, descriptions, and images for the Listings, it is important to note that we are not legally obligated by such information, as we cannot guarantee the accuracy of listings, goods, services, Ads or other by users. Your utilization of iBidd Services is undertaken at your own risk.
Third-Party Goods and Services on iBidd: iBidd may provide goods and services from third parties. The quality or accuracy of goods and services offered by third parties on iBidd cannot be guaranteed by us.
Buying and Selling: Upon reaching an agreement on a listing, buyers and sellers may choose from various options to finalize the transaction including "Any Payment Type" or "PayPal". If the buyer and seller opt for payment methods outside of these such as cash on delivery (COD), check, or other mutually agreed-upon methods facilitated by the seller, with payments conducted directly between the buyer and seller based on their agreed terms then iBidd assumes no involvement in these transactions, iBidd neither facilitates nor assists with tax, refunds, or returns related to such transactions.
Alternatively, iBidd offers buyers the option to make purchases using the iBidd payment solution, provided the listing party has selected this process at the time of listing. (not available for all transactions) Certain transactions may then be conducted using the iBidd Payment solutions. All purchases made through alternative payment options are the direct responsibility of both parties, governed by the Terms and any additional terms agreed upon mutually. iBidd is not a participant in these transactions, and the responsibility for facilitating such transactions, along with providing tax, refunds, or returns, lies with the listing party unless explicitly stated otherwise.
Refund Policy: iBidd subscriptions and credits are non-refundable. iBidd does not bear responsibility for refunds or transactions between buyers and sellers, except in instances where the purchase was conducted using the iBidd payment solution and dispatched using the iBidd shipping label. This is applicable only if the buyer selected iBidd Buyer's Protection, subject to the relevant Terms of Service.
Buyers Protection: iBidd's Buyer's Protection is meticulously designed to safeguard purchases made through the iBidd payment process and shipped using the iBidd shipping solution. Transactions or processes conducted outside this iBidd framework are not covered by iBidd buyer protection, and iBidd disclaims any responsibility for both buyers and sellers in such cases.
Please be aware that "electronic" Ad listings lacking a serial number do not qualify for coverage under iBidd Buyer's Protection.
When the listings utilizing iBidd Protection, buyers can be confident that they will receive items as described. In the event that the item does not match the provided description, iBidd will initiate a refund once the item is returned and verified by the seller. If the return process extends beyond 14 business days, the transaction will be closed, and the funds will be returned to the seller.
iBidd Buyer's Protection, when selected remains valid until proof of delivery is furnished, with an additional 3-day extension if the buyer scans the seller's barcode.
Sellers are accountable for ensuring the accuracy and condition of all listed items. iBidd reserves the right to address claims related to improper listings and defective items.
Payment Solution: iBidd provides the flexibility for you to use your preferred payment solution, which you can select at the time of listing. Currently, you have the option to choose from "Any Payment Type" or "PayPal."
iBidd Payment Solution: iBidd provides flexibility for your payment preferences. The following terms apply if you opt not to use your own payment solution and instead select the iBidd payment solution if available at the time of listing. By listing, making, or receiving payments for listings using the iBidd Payment Solution (if chosen during listing), you acknowledge and agree to comply with all relevant service fees. iBidd retains the right to modify these service fees by posting any changes and the effective date within these terms.
To facilitate payments using the iBidd Payment Solution, it is mandatory to maintain an account with iBidd's designated payment processor, currently Stripe, Inc. ("Stripe"), serving as the Payment Gateway. To avail of this feature, enrollment in the service through Stripe is required. By enrolling, you enter into a separate agreement with Stripe, governed by the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). It's important to note that iBidd is not a party to the Stripe Services Agreement and assumes no responsibility for the payment services provided by Stripe. In the event that Stripe discontinues its services related to the iBidd Payment Solution, you authorize Stripe to share your payment method information with an alternative Payment Provider.
iBidd, at its sole discretion, may impose limits on your ability to make and/or receive payments through the iBidd Payment Gateway. Additionally, the Payment Provider may impose its own limitations on your use of the iBidd Payment Solution.
Please be aware that your application to use the iBidd Payment Solution must be accepted by the Payment Provider before you can receive sales proceeds via the iBidd Payment Solution. Failure to set up a Payment Provider account within 30 days after completing a sale processed through the iBidd Payment Solution, or if your application is rejected by the Payment Provider, may result in the disabling or restriction of your ability to receive sales proceeds via the iBidd Payment Solution.
It's important to note that your right and/or ability to receive sales proceeds via the iBidd Payment Solution may be revoked, disabled, or limited if any purchase or sale violates these Terms, including the guidelines and restrictions outlined in the Prohibited Items, Services, or Products section.
Upon a purchase made using the iBidd payment solution, the buyer's payment, minus any applicable iBidd fees, will be held in escrow. Release to the seller occurs either after mutual agreement between both parties or after 7 business days from the delivery of the purchased item to the buyer, provided there are no Buyer Protection claims made by the buyer. In case of Buyer Protection claims, the release of payment to the seller may be delayed or canceled. Sellers authorize the Payment Provider to deduct any fees incurred from their account for using the Services and pay them to iBidd.
Review and adherence to the Buyer Protection Policies and Guidelines referenced in this section are crucial for ensuring a smooth payment process and transaction experience.
Tax Obligations: When utilizing your own payment gateway or alternative payment methods, you bear sole responsibility for adhering to any applicable sales, use, duty, or governmental taxes or fees associated with your transactions on the iBidd Services, whether they involve purchases or sales. In cases where a transaction entails payment processing and shipment via the iBidd payment solution, and it is established that iBidd has a legal duty to collect sales tax in the recipient's state, iBidd will undertake the collection of the pertinent sales tax. iBidd maintains a record of states where sales tax collection is mandated. Nevertheless, if you reside in a state where iBidd does not manage sales tax on your behalf, it falls upon you to collect and remit all relevant sales taxes for transactions conducted through iBidd.
In specific situations, iBidd may be obligated to report your earnings from the iBidd payment solution to tax authorities should your activity surpass specified thresholds. Should such reporting become necessary, iBidd will seek personal information, such as your social security number, to facilitate the completion of tax form 1099-K. Non-compliance in providing this information upon request will prompt iBidd to instruct our Payment Provider to suspend payments to your bank account until the requisite information is provided.
Shipping: iBidd enables sellers to list specific items, services, or products eligible for nationwide shipping within the United States.
For Buyers and Sellers not utilizing the iBidd Payment solution, they retain the flexibility to choose their preferred shipping options. However, irrespective of the chosen option, iBidd's Shipping Policy applies.
Sellers opting to list items, services, or products available for shipping must adhere to iBidd's Shipping Policy. When a seller accepts a buyer's offer for shipping, the seller is obliged to furnish a shipping label to the buyer (unless shipping was already included) and dispatch the item within 5 business days after receiving proof of payment. Prior to the package being scanned for shipping, the buyer or seller may mutually agree to cancel an accepted offer. If an order is canceled post-shipping, the buyer may bear responsibility for the shipping cost, and the seller may retain the funds until the order is returned. Canceled orders and returns must be finalized within 5 business days.
Buyers seeking items, services, or products to be shipped to them are responsible for covering the shipping costs if not already included. Upon a seller's acceptance of a buyer's offer to purchase and ship an item, the seller may levy charges or place a hold on the buyer's payment method until the item's delivery. Buyers can cancel their offer to purchase an item for shipping until the seller accepts the offer or receives the funds.
iBidd maintains a hands-off approach in transactions between buyers and sellers or the shipping process. Except as explicitly outlined in the iBidd Shipping Policy for the use of the iBidd payment solution, iBidd assumes no liability for losses, damages, or delays linked to shipping.
By utilizing any shipping service, users commit to complying with all pertinent laws, United States Postal Service regulations, and shipping guidelines, inclusive of U.S. Publication 52. The shipping of prohibited items, including weapons, ammunition, explosives, biological matter, human remains, pornography, alcohol, prescription and illegal drugs, currency, dangerous goods, hazardous goods, or any items restricted by law, is strictly prohibited. Shipping such materials may result in legal consequences, including civil penalties, fines, and/or imprisonment, as specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.
iBidd User Consent: When utilizing iBidd Services, you have the capacity to generate, share, store, and list diverse forms of content, encompassing messages, text, photos, videos, software, and more (referred to as "user content"). You retain full ownership of your user content, except for the license granted below.
By engaging with iBidd, you provide iBidd with a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, and sub-licensee license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your user content. This license extends to any associated name, username, or likeness provided with your user content and applies to all media types, formats, and channels, without compensation to you. Please be aware that the utilization of your name, likeness, or identity in connection with iBidd Services does not imply any endorsement unless explicitly stated otherwise. When you share or list user content on our Services, it may be visible to others, including your username or profile photo. Additionally, iBidd may enlist third parties for services such as user verification and the iBidd Payment Solution, necessitating the sharing of user content with these third parties.
You are expressly prohibited from generating, sharing, storing, or listing any user content that violates our Terms or for which you lack the necessary rights to grant the described license to iBidd. You affirm that your user content and its utilization by iBidd, as permitted by these Terms, will not infringe upon the rights of or cause harm to any individual or entity. Furthermore, you must not permit or authorize any third party to upload, transmit, distribute, solicit, disclose, or publish any user content through iBidd that Is unlawful, defamatory, libelous, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, disrespectful, inappropriate, or may potentially harm or expose iBidd, our users, or others to liability.
May infringe upon any patent, trademark, trade secret, copyright, intellectual, privacy, or proprietary right of any party.
Encourages or provides instructions for criminal activities, violates the rights of others, creates liability, or contravenes any local, state, national, or international law.
Contains statements or claims that are dishonest or do not reflect your genuine views and experiences or includes unsolicited marketing promotions, political campaigns, advertisements, or
Contains private information of third parties, such as addresses, phone numbers, or payment card information.
Contains viruses, corrupted data, or other files that are harmful, disruptive, or destructive.
iBidd does not assume responsibility for actively monitoring user content and does not endorse any user content. While iBidd is not obligated to screen, edit, or monitor user content, it reserves the right to delete or remove user content at any time and for any reason, with or without notice.
iBidd Prohibited Conduct: While using our Services, you are obligated not to infringe on any applicable law, contract, intellectual property right, or other third-party right, nor engage in any tortuous conduct. Your conduct during the use of our Services is entirely your responsibility. In addition to the above, you will not: Utilize iBidd Services for purposes other than their intended use, in a manner that might hinder, disrupt, adversely impact, or impede other users from fully enjoying our iBidd Services.
Engage in activities that could harm, disable, overload, or impair the proper functioning of our iBidd Services or any networks linked to our iBidd Services in any way.
You will not:
You shall not:
Limited License: The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by iBidd or our licensor and are protected under United States laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by iBidd or our licensor. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services.
Termination: iBidd retains the authority to revoke or terminate your license to access or use the iBidd Services at its sole discretion and without notice, for any reason. This includes, but is not limited to, instances where you breach any obligations outlined in these Terms or any other agreement between you and iBidd, violate any policy or guideline applicable to the iBidd Services or any other iBidd product or service, or use the iBidd Services in a manner not explicitly authorized in these Terms without prior written permission from iBidd.
Upon suspension or termination of your license by iBidd, you are required to cease accessing or using the iBidd Services immediately. iBidd reserves the right, though it is not obligated, to initiate appropriate legal actions, including civil, criminal, or injunctive measures, against you if you persist in using the iBidd Services during suspension or after termination. You may be held responsible for iBidd's reasonable attorneys' fees and court costs incurred in such actions.
It is important to note that these Terms remain applicable and enforceable against you during the suspension of your license and continue to be effective after its termination.
Trademarks: iBidd Inc, iBidd Holdings LLC, iBidd.com, (iBidd), and our logos, products, services, service marks or service names, slogans, and the overall appearance of the Services are registered trademarks and/or service marks owned by iBidd. Their reproduction, imitation, or use, either in whole or in part, is strictly prohibited without the prior written permission of iBidd.
All other trademarks, service marks, registered trademarks, product names, company names, or logos mentioned within the iBidd platforms or Services belong to their respective owners. Any reference to products, services, processes, or other information by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by iBidd.
Feedback: You are welcome to voluntarily provide iBidd with any questions, comments, suggestions, ideas, original or creative materials, or other information about iBidd or our iBidd Services (collectively referred to as "Feedback"). By doing so, you acknowledge that iBidd may use such Feedback for any purpose, whether commercial or otherwise, without providing acknowledgment or compensation to you. This usage may include, but is not limited to, the development, replication, publication, or enhancement of the iBidd Services, as determined by iBidd in its sole discretion. It is understood that iBidd may consider Feedback as non-confidential.
Intellectual Property Complaints: If you believe there are violations of intellectual property rights or encounters with counterfeit items, services, or products, you can report them by mailing a complaint to:
Additionally, in compliance with the Digital Millennium Copyright Act and relevant legislation, iBidd has implemented a policy to terminate, under appropriate circumstances, the accounts of users engaging in repeated infringement of the intellectual property rights of others. If you believe that any content on our iBidd Services violates a copyright that you own or control, please promptly inform iBidd at:
Refer to 17 U.S.C. § 512(c)(3) for the specifications of a valid notification. Additionally, be aware that knowingly misrepresenting any activity or material on our iBidd Services as infringing may render you liable to iBidd for associated costs and damages.
Third-Party Content: iBidd may furnish information concerning third-party products, services, activities, or events, or alternatively, iBidd may permit third parties to present their content and information on or through the Services (collectively referred to as "Third-Party Content"). iBidd offers Third-Party Content as a service for those interested in such content. Any interactions or communications with third parties, as well as your utilization or engagement with any Third-Party Content, is strictly between you and the third party. iBidd neither controls nor endorses, and provides no representations or warranties regarding, any Third-Party Content. Consequently, your access to and utilization of such Third-Party Content is undertaken at your own risk.
Indemnification: To the maximum extent allowed by applicable law, you agree to indemnify, defend, and hold harmless iBidd and our subsidiaries, affiliates, officers, directors, agents, partners, investors, and employees (individually and collectively referred to as the "iBidd Parties”) against any losses, liabilities, claims, demands, damages, expenses, or costs ("Claims") arising from or connected to your access to or utilization of the Services; your user Content or Feedback; your breach of these Terms; your violation, misappropriation, or infringement of another's rights, including intellectual property rights or privacy rights; or your behavior in connection with the Services.
You commit to promptly inform the iBidd Parties of any third-party Claims, collaborate with the iBidd Parties in the defense of such Claims, and cover all fees, costs, and expenses linked to defending such Claims, which include, but are not limited to, attorneys' fees. Additionally, you agree that the iBidd Parties will have control over the defense or settlement, solely at iBidd's discretion, of any third-party Claims. It's important to note that this indemnification is supplementary to, and not a substitute for, any other indemnities stipulated in a written agreement between you and iBidd or the other iBidd Parties.
Disclaimers: Your utilization of our iBidd Services is entirely at your own risk. Unless expressly stated otherwise by iBidd in writing, our iBidd Services and any content within are provided on an "as is" and "as available" basis, without any warranties, either express or implied. These include, but are not limited to, implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement.
Furthermore, iBidd does not affirm or guarantee that our iBidd Services are accurate, complete, reliable, current, or free from errors, nor does it claim that our iBidd Services are devoid of viruses or other harmful components. You bear the entire risk concerning the quality and performance of the Services.
Limitation of Liability: To the fullest extent permitted by law, iBidd and the other iBidd Parties shall not be held liable to you under any theory of liability, whether based on contract, tort, negligence, warranty, or otherwise, for any indirect, consequential, incidental, or special damages, or for lost profits, even if iBidd or the other iBidd Parties have been advised of the possibility of such damages.
The total liability of iBidd and the other iBidd Parties for any claim arising out of or related to these Terms or our Services, irrespective of the form of the action, is restricted to the greater of $100 or the amount paid by you to iBidd in the 12 months preceding the event that gave rise to the claim.
The limitations outlined in this Section shall not constrain or exclude liability for the gross negligence, fraud, or intentional misconduct of iBidd or the other iBidd Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. It's important to note that some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, hence the above limitations or exclusions may not apply to you.
Assumption of Risk: You recognize and agree that engaging in an internet-based marketplace and interacting with others involves inherent risks. iBidd does not undertake an investigation or verification of any bidder's reputation, conduct, morality, criminal background, or any information that bidders may submit to the Services.
You bear the sole responsibility for taking all necessary precautions when interacting with other iBidd bidders. It is conceivable that other users may attempt to harm or defraud you or seek to obtain information from you for fraudulent purposes. Consequently, you are solely responsible for and assume all risks associated with selling and buying through iBidd's Services, including all online and offline interactions with other users.
Release: To the fullest extent permitted by law, you release iBidd and all other iBidd Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Processing Data: For iBidd to provide our Services, you agree that iBidd may process, transfer, and store information about you in the United States.
Guidelines for Law Enforcement Agency: If you are a law enforcement agency, iBidd may work with you to assist in on-going matters related to alleged violations of the law, please contact iBidd at:
Dispute Resolution: Please read the following section carefully because iBidd requires you to arbitrate certain disputes and claims with iBidd and limits the way you can seek relief from iBidd, unless you opt out of arbitration when creating your account or by following the instructions set forth below. No class or representative actions or arbitration's are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions: You and iBidd agree that any dispute arising out of or related to these Terms, or our iBidd Services is personal to you and iBidd, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against iBidd related to taxes collected by iBidd and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.
Arbitration of Disputes: Except for small claims disputes in which you or iBidd seeks to bring an individual action in small claims court located in Kent county Dover Delaware or disputes in which you or iBidd seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and iBidd waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our iBidd Services resolved in court. Instead, for any dispute or claim that you have against iBidd or relating in any way to the Services, you agree to first contact iBidd and attempt to resolve the claim informally by sending a written notice of your claim to:
The Notice must include your name, your residence address, your email address, your telephone number, and, if you have registered for an iBidd account, the email address your account is registered under if it is different from your current email address; describe the nature and basis of the claim; and set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and iBidd cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party must submit the dispute within thirty (30) days to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Suffolk County, Massachusetts unless you are a consumer, in which case you may elect to hold the arbitration at the JAMS office closest to your residence. For purposes of this Section, a "consumer" means a person using the Services for personal, family, or household purposes. Additionally, arbitration may be conducted telepathically or via video conference for disputes alleging damages less than $10,000. You and iBidd agree that arbitration will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and iBidd agree that these Terms affect interstate commerce, and that the enforce ability of this Section will be substantively, and procedural governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may conduct only individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, iBidd, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and iBidd agree that for any arbitration you initiate, you will pay the filing fee and the JAMS fees and costs. For any arbitration initiated by iBidd, iBidd will pay all JAMS fees and costs. You and iBidd agree that either the state or federal courts of the State of Delaware in the United States sitting in Kent County, Delaware or the state or federal courts of the Commonwealth of Massachusetts in the United States sitting in Suffolk County, Massachusetts have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms, or our iBidd Services must be filed within one year after such claim arose; otherwise, the claim is permanently time barred, which means that you and iBidd will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days after the date you first accepted the terms of this Section by mail to:
To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance and within the Governing Law Venue below.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable. If you are a consumer, the provisions of this Section will be modified to the extent necessary to conform to the JAMS Consumer Arbitration Minimum Standards.
Governing Law Venue: Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Delaware or the Commonwealth of Massachusetts, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware or the Commonwealth of Massachusetts and the United States, respectively, sitting in Kent County, Delaware or Suffolk County Massachusetts.
Modifying or Terminating our Services: iBidd reserves the right to modify our iBidd Services or to suspend or stop providing all or portions of our iBidd Services at any time. You also have the right to stop using our iBidd Services at any time. iBidd is not responsible for any loss or harm related to your inability to access or use our Services.
Miscellaneous: If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed sever able from these Terms and does not affect the validity and enforce ability of any remaining provisions.
The failure of iBidd to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between iBidd may be conducted electronically. iBidd is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of iBidd.
Linkbacks (links to Other Sites): iBidd shall have no responsibility or liability for information or content posted to iBidd by any third party. iBidd makes no representations whatsoever about any other website that you may access through this Site. When you access a non iBidd site, please understand that it is independent from iBidd, and that iBidd has no control over the Content on that website. In addition, a link to a non-iBidd website does not mean that iBidd endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to iBidd, you do this entirely at your own risk.
Consumer Protection Law: Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of Service will not limit your legal rights and remedies under that legislation. These Terms of Service will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Service and that legislation, the mandatory provisions of the legislation will apply.
Disclaimer of Warranties: IBIDD DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. IBIDD DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICES, AND ANY LINKED SITES. IBIDD DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
Limitation of Liability: Regarding Use, IBIDD IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED IBIDD SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICES, AND/OR LINKED IBIDD SITES IS TO STOP USING THE SITE AND THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF IBIDD TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $100 (ONE HUNDRED DOLLARS).
Force Majeure: iBidd will not be deemed to be in breach of these terms or liable for any breach of these iBidd Terms of Service due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
Indemnity: Except where prohibited by law, by using this iBidd you indemnify and hold harmless iBidd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our iBidd or your violation of these Terms of Service.
Providers, subscribers, and users agree to defend, indemnify, and hold iBidd harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by iBidd arising out of your breach of these iBidd Terms of Service or violation of applicable law, or access by anyone accessing the Site using your user ID and password.
Waiver: iBidd’s failure to insist upon strict enforcement of any provision of these iBidd Terms of Service shall not be construed as a waiver of any such provision or right. Any waiver by iBidd of any right or provision herein shall only be by in writing signed by an authorized officer of iBidd.
Severability: If any part of these Terms of Service is found to be unlawful or unenforceable in any respect, a court shall reform such provision to render it enforceable or, if it is not possible to reform such provision to make in enforceable, then that part shall be deleted such provision. As so reformed or modified, the court shall fully enforce these Terms of Service.
Entire Agreement: THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN IBIDD AND THE PARTIES WITH RESPECT TO THE SUBJECT MATTER ADDRESSED HEREIN, AND NO OTHER AGREEMENT WRITTEN OR ORAL EXISTS BETWEEN IBIDD, AND YOU AND IBIDD IN THAT REGARD.