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Terms & Conditions

Topics:
1. Introduction
2. Acceptance of Terms Through Use
3. Definitions
4. Auction Process
5. Registering as a Member
6. Participating in an Auction
7. Bids and Bidding Fees
8. Requirements for Closing an Auction
9. Delivery of Products and/or Services
10. Product and/or Service warrantees
11. Bid Cancellation and Refund Policy
12. Auction duration and conditions for cancellation
13. Notices
14. Disclaimers
15. General

1. Introduction

a. Outbid4less.com, manages and implements websites across the Internet. Outbid4less.com is a private auction website designed to raise money for selected charities through the Internet.
b. The herein Users Agreement describes the "Auctions for Charities," which is a unique and specialized Auction procedure and consists of the Company promoting invitations for Blind Bidding from its Members on various products and/or services, accepting Bids, crediting selected charities or fundraising promotions with points according to Participant's selections, determining the Successful Bid, delivery of the product and/or service to the Participant that submitted the Successful Bid, and distributing at least 30% of the net auction proceeds to the charities offered by the Company; all in accordance as described herein this Users Agreement.
c. Prior to participating in an Auction, Users must register with the Company and setup a Member profile in which they will choose a charity, from a list of charities determined by the Company. For every Bid the Participant places in an Auction, the charity in the Participant's Member profile will receive one point. Participants may alter their charity selection by editing their Member profile. Participants will also have the option to submit information about their favorite "unlisted" charity. The Company will select two (2) member submitted charities every quarter to receive a portion of the donations as described herein this Users Agreement. The remaining proceeds will be distributed to the listed charities based on the percentage of points they receive as described herein this Users Agreement.
d. Before each Auction, the Company will determine the maximum Bid amount for each Auction and the Maximum Number of Bids that will be accepted for the Auction. This price will be displayed for each Auction and is referred to as the "Bid 4 " price.
e. Participants in the Auction will submit Bids less than or equal to the "Bid 4" price in United States Dollars and cents and will pay a administration and registration fee (Hereinafter: "Bidding Fees") for each submitted Bid.
f. Each Auction is independent of all other Auctions and is for only one product and/or service and every Auction will have a Unique Auction number.
g. Each Auction will close when it meets the closing requirements as described herein this Users Agreement. After the Auction closes, the Participant that submitted the winning (successful) Bid is determined. The Successful Bid is the highest unique Bid for the offered item out of all Bids received for the Auction. A unique Bid is a Bid that is not identical to any other Bid submitted in that Auction.
h. Once identified, the Successful Participant in an Auction is extended an offer to purchase the product and/or service for the Successful Bid submitted by them in that Auction, as described herein this Users Agreement.
i. After receiving payment for the Successful Bid from the Successful Participant, the Company will ship or deliver the product and/or service via methods described herein this Users Agreement to the address contained in the Successful Participants Member profile at the time the Bid was submitted and accepted by the Company.

2. Acceptance of Terms Through Use

a. By using this site or by registering as a Member or by placing Bids on this site or by clicking "I Agree" to this Users Agreement, you (Hereinafter: "User") signify your agreement and acceptance of these terms and conditions. If you do not agree to this agreement please do not use this site and do not register as a Member and do not place any Bids and do not click "I Agree". Please check this agreement periodically for changes as the Company reserves the right to revise this agreement and your continued use of this site following the posting of any changes to this agreement constitutes acceptance of such changes. The company reserves the right to terminate a User's use of the site at anytime without notice and may do so for any breach of this agreement or the instructions on this site by the User.
b. Users must be over 18 to agree to this user's agreement and register as a Member and to use this site or place any Bids.
c. Upon your agreement to this Users Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Users Agreement and as permitted via instruction on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all images, ideas, intellectual property, designs and services available on this site are the property of the Company and its advertisers or licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and intellectual property rights and laws, in the U.S. and internationally. All rights not expressly granted herein are reserved by the Company, its advertisers and licensors.
d. Except as may be explicitly permitted through use, you agree not to download, cut and paste, sell, license, rent, lease, modify, distribute, sell, reproduce, transmit, publicly perform, publish, adapt, edit or create derivative works from concepts, code or content contained on this site. Systematic retrieval of data or other content from this site to create or reproduce directly or indirectly, intellectual, application, database or directory information or contents without written permission from the Company is prohibited. In addition to the above, any use of content or materials developed by the company and/or its affiliates for any purpose not expressly permitted in this agreement is prohibited.
e. You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to protect and prevent access to this site through your Username and Password by anyone other than yourself, including, but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
f. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents or materials on or received by this site. You understand that the company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its advertisers and licensors.

3. Definitions

a. "Accepted Bid" is a valid Bid in which the Bidding Fees have been paid in accordance with this Users Agreement.
b. "Bid" is an offer submitted by a Participant, in an Open Auction, that does not exceed the "Bid 4" price set for that particular Unique Auction and meets the rules as defined in this Users Agreement to be considered a Bid.
c. "Bidding Fees" are fees charged to the credit card or paid via other accepted payment methods, for every Bid placed by a Participant in an Auction. Bidding Fees are charged to the Participant for each Bid placed by them, at the time the Bid is placed, in a Unique Auction, whether their Bid was successful or not. The company may charge different Bidding Fees for separate Auctions from time to time, according to the company's discretion
d. "Bonus Auctions" are Auctions in which a Participant uses Bonus Auction Credits to participate rather than paying Bidding Fees. In order to participate in a Bonus Auction a Participant must have a Bonus Auction Credit.
e. "Double Bid credit" is a credit earned by a Member that refers a friend, whom places a bid. Only then will the referee be eligible for a double bid credit ( buy one get one free ). The referee must then Place one bid before His/Her account will be accredited the Double Bid Credit.
f. "Closed Auction" is an Auction for a product and/or service that has ended by receiving the Maximum Number of Bids for the Auction or the Auction has met the criteria to end as set forth by the Company in this Users Agreement.
g. "Confirmation E-mail" a message e-mailed to a Participant in an Auction that confirms the Participants Bid in an Auction. If a Participant does not contest the validity of a Bid within 24 hours of being placed, or before the Auction closes, the Company will consider it a correct and valid Bid, and authorized by the Member.
h. "Duplicate Bid" is a Bid submitted by a Participant in a Unique Auction where another Participant(s) has submitted a Bid(s) for the identical amount. Duplicate Bids are used to calculate the number of Bids required to close an Auction but are disqualified from being selected as the Successful Bid as defined in this Users Agreement. (For example: If Participant "A" Bids $69.48 in a Unique Auction and Participant "B" subsequently submits the identical Bid of $69.48 in the same Unique Auction, the Bids will be classified as Duplicate Bids and will be excluded from being selected as the Successful Bid.)
i. "Bid 4" price is the maximum price that a Participant can Bid in a Unique Auction. The "Bid 4" price will be set by the Company, at its sole discretion, prior to opening the Auction and will be posted on the Auction information page, and the Auction Bidding pages for each Unique Auction.
j . "Main Auction" is an Auction where Participants are charged Bidding Fees for each Bid placed in that Auction.
k . The "Maximum Number of Bids" is the greatest number of Bids that can be submitted for each Unique Auction. The Maximum Number of Bids will be determined by the Company prior to opening the Auction, and will be publicized by the Company on the Auction information pages, and the Bidding page for each Auction. Once established the Maximum Number of Bids for an Auction may not be raised.
l. "Member" is a person, 18 years of age or older, with a valid credit card or accepted method of payment, or a business entity qualified to do business within a particular jurisdiction, with a valid credit card or accepted method of payment who has completed the Membership form, agreed to the terms of this Users Agreement and the web site, and has been accepted by the Company after completing their member profile.
m . The "Minimum Number of Bids" is the least number of Bids that must be received in order for an Auction to be eligible to close. The Minimum Number of Bids to close an Auction will be determined by the Company prior to opening the Auction and is strictly confidential. The Minimum Number of Bids to close an Auction will always be equal to or lower than the Maximum Number of Bids for each Unique Auction. The Company reserves the right to change the Minimum Number of Bids to close an Auction at any time.
n . "Active Auction" is a Unique Auction for a specific product and/or service, that has not met the maximum number of Bid to close the Auction, in which Participants can submit Blind Bids, and has not been cancelled as set forth in this Users Agreement
o . "Participant" a Member that submits a Bid, which is accepted, in an Open Auction.
p. "Successful Bid" is the highest Accepted Bid with the highest unique value submitted by a Participant in a specific Unique Auction. All Duplicate Bids WILL NOT be considered as the Successful Bid.
q . "Auctoin Winner" is the Participant that submitted the Successful Bid and paid the appropriate Bidding Fees.
r . "Successive Auction" is a new Auction that is automatically opened, with the identical properties as the original Auction, when Participants are in the process of Bidding in the original Auction and the original Auction has subsequently received the Maximum Number of Bids during this time. It is offered immediately upon the preceding Auction closing and allows Participants in the process of Bidding on an Auction to participate in an identical Auction for the same product and/or service.
s . "Suggested Retail Price" or "SRP" is the price supplied to the Company by our partners and/or distributors. The SRP is typically equal to the Manufacturers Suggested Retail Price (MSRP) for a particular product and/or service, though the Company does not warrant that the SRP will always be equal to the MSRP.

4. Auction Process

a. The Company will determine for each Unique Auction, amongst other things, the following minimum details:
1. The product and/or service being offered in each Unique Auction;
2. The unique code defining each Unique Auction;
3. The "Bid 4" price for each Unique Auction;
4. The Bidding Fees required to participate in each Unique Auction;
5 The Maximum Number of Bids per Unique Auction;
6. The Minimum Number of Bids required before the Auction can close;
7. The "SRP" of the product and/or service being offered. The company is not responsible for any variances between the SRP and published MSRP for a particular product and/or service offered in an Auction;
8. Whether the Auction is a Successive Auction as defined in this Users Agreement;
b. Participants may place Bids and will be charged Bidding Fees for every Bid submitted until the requirements to close an Auction have been meet. When an Auction closes the Successful Bidder will be determined.
c. Once an Auction closes, the Successful Bidder is given the right to purchase the product and/or service at the price defined by their Successful Bid. The Company will pay all taxes and shipping expenses, unless otherwise stated in the Auction's details. If a Participant fails to pay the Successful Bid amount, as defined in this Users Agreement, they will forfeit the right to purchase the product and/or service.
d. Participants have the right to cancel their purchase of a product and/or service if their Bid is chosen as the Successful Bid. If a Participant chooses to cancel their right to purchase a product and/or service they may request, in writing, for a refund for the Bidding Fees for their Successful Bid. Other Bidding Fees will not be refunded. The company reserves the right to re-offer cancelled or forfeited products and/or services in a new Unique Auction or donate them to a charity selected by the Company at its sole discretion.
e. For every Bid placed in an Auction, the charity selected in the Members profile will receive one point. Points are used to determine the distribution ratios of the net Auction proceeds, for all Closed Auctions, to be donated to each charity. Donations to the charities selected by the Company will at least 15% of the net Auction proceeds and will be distributed by the Company quarterly.
f. The Company attempts to set the "Bid 4" price for each Unique Auction to between 10% and 25% of the MSRP for that product and/or service. Though very unlikely, if it becomes possible to purchase, through other means, the identical product and/or service at a price that less than the "Bid 4" price, the Company will not be held responsible.

5. Registering as a Member

a. Before being eligible to participate in an Auction each user must register as a Member of the site and agree to the terms of this Users Agreement.
b. A user must be 18 years of age or older and have a valid credit card or alternate method of payment prior to participating in an Auction.
c. Each individual user may register only once. If it is determined that the same user has registered with multiple identities, the company may at its sole discretion cancel that users Bids in all Free and Bonus Auctions.
d. Unless authorized by the Company in advance, each household is limited to 5 individual Members.
e. A user will be required to submit their home or shipping address, e-mail address, phone number and charity selection. All user information will be held in strict confidence in conjunction with the sites privacy policy. Outbid4less.com DOES NOT SHARE ANY USER INFORMATION with affiliates or outside sources, other than those that are required to conduct the Auction and process payments as defined herein this Users Agreement.
f. Upon registering with the web site a user will be required to select a unique Username and Password. The user agrees that once issued a Username and Password by the company, they will use their best efforts to protect and prevent access to this site through their Username and Password by anyone other than the user. The Password chosen by the user must be "strong" and not be easily guessed by a third party.
g. Users agree to provide factual and accurate information during registration and authorizes, if their Bid is selected as the Successful Bid, certain information from their Member profile may be posted on the web site in accordance with the Company's privacy policy.
h. During registration, a Member will be required to select a charity they wish to earn points for. The Member can change charity selections in the Members profile at any time. Changes ONLY affect future Bids, all prior Bids maintain the prior selections and may not be changed. If a Member enters a Promotion Code while placing a Bid their selected Charity will not receive a point, but rather the fundraiser associated with the Promotion Code.
i. A Promotion Code is only valid for a predetermined amount of time for each fund raising event or organization, if an invalid Promotion Code is entered the points earned will default to the charity selected in the Members profile.
j. The company will not be held responsible for typos or incorrectly entered Promotion Codes. In the event a user enters an invalid Promotion Code, the company will attempt to use its best judgment in determining the correct fund raising event corresponding to the invalid Promotion Code.
k. Employees of the Company, their immediate family members, subsidiaries of the Company, and affiliates with access to bidding data may not become Members nor participate in any Auctions.

6. Participating in an Auction

a. Members may submit Bids through the Company's Internet web site (http://www.OutBid4Less.com). The Company reserves the right to define additional Bid submission methods. The Company may also, at its sole discretion, terminate a specific method and/or methods of submitting Bids with or without notice.
b. Any valid Member has the right to submit a Bid and/or Bids in any Open Auction.
c. Members are required to maintain accurate information in their Member profile. If inaccurate information or invalid billing information is submitted the Participant's Bid(s) may be cancelled
d. The Company is not responsible for the inability to place a Bid for any reason including the inability to access the web site, and/or any other technical difficulties of any kind.
e. Participants agree to pay the required Bidding Fees for every Bid they place in an Auction.
f. These Bidding Fees will be charged to the Participant's credit card (or other accepted payment methods as determined by the Company such as, but not limited to PayPal, Debit Card, or ACH transfer) at the time the Bid is submitted.
g. Participants who submit credit card information represent, warrant and covenant that:
1. the credit card information supplied is true, correct and complete,
2.. the charges incurred will be honored by the credit card company, and
3. the Participant will pay such charges when due.
4. If a Member uses a non-real time payment method, they must first purchase Main Auction Bid credits. These credits will be added to their Member account when the payment clears and may then be used to participate in an Open Auction.
i. If an Auction is cancelled for any reason, as defined in this agreement, the Members account will be credited with the appropriate quantity of Main Auction Bid credits. A Member my request a refund of unused or earned credits.
j. Bidding Fees are waived on all Bids placed in the Free Auction or Bonus Auction areas, but the Member must have the appropriate credits to participate in the Free and Bonus Auctions.
k. Every Accepted Bid will be assigned a unique Bid Number when confirmed.
l. The Member will receive a Confirmation E-mail with their Bid number, which will be sent to the e-mail address in the Members profile. The Member has 24 hours from the time the Confirmation E-mail is sent to verify the validity and correctness of the Bid and dispute any discrepancies. After the 24 hour verification period, the Bid will be considered a valid submission of a Bid and acceptance of the conditions set forth in this Users Agreement and the Member that submitted the Bid will be considered a Participant in the Unique Auction in which they submitted the Bid(s).
m. There is no limit to the number of bids a Participant can submit in an Open Auction as long as the required Bidding Fees are paid for each Bid.
n. The Maximum Number of Bids for an Auction may not be exceeded under any circumstances.
o. If the Maximum Number of Bids for an Auction is received while a Member is in the process of Bidding and/or the Auction becomes a Closed Auction, a Subsequent Auction may be started pursuant to §3.w. If a Subsequent Auction is not started the excess Bids will be credited or refunded to the Member.
p. The Company retains the right to cancel a Bid pursuant to the terms in this Users Agreement.
q. Bids entered by a Participant must BE EQUAL TO, OR LESS THAN, the "Bid 4" price set by the Company for that particular Unique Auction and must be submitted in US dollars and cents.
r. In any event where a Participant or Member claims that there is an inconsistency between the submitted Bid and the Bid as accepted by the Company, the details of the Bid as accepted by the Company in the Confirmation E-mail will be binding, unless properly acted on pursuant to §l. In such a case, the Participant will not have any cause to claim that their Bid should have been chosen as the Successful Bid for a specific Auction and the Company will not be held responsible for any such inconsistencies.
s. Failure to notify the Company pursuant to the terms herein this Users Agreement, of any inconsistencies regarding a Participant's Bid by within 72 hours from the time the Auction becomes a closed auction shall constitute acceptance of the outcome of the Auction by the Participant.

7. Bids and Bidding Fees

a. Bidding Fees are charged for the right to place a single Bid in an Auction.
b. Participants will be charged Bidding Fees for every Bid they submit in an Auction (i.e.: a Participant that submits five Bids for a specific Unique Auction will be billed five (5) Bidding Fees: one for every Bid placed), which must be paid even if the Participant's Bid(s) is not selected as the Successful Bid in the specified Unique Auction.
c. All Accepted Bids will be confirmed with a Confirmation E-mail, receive a Bid number and will be charged the required Bidding Fees.
d. The company will determine the Bidding Fees that must be paid by a Member in order to participate in an Auction and the company may at its sole discretion adjust the Bidding Fees required.
e. The Bidding Fees required for every Bid will be clearly posted for each Unique Auction and will not be adjusted.
f. Bids not meeting the requirements of acceptance will not be accepted and the Participant will not be charged a Bidding fee for that particular Bid and that Bid will not be considered in an Auction.
g. The Company is not obligated to receive or accept any Bids from any person(s) and/or third party who wish to place a Bid in an Auction.

8. Requirements for Closing an Auction

a. An Auction will become a Closed Auction once the Maximum Number of Bids have been accepted or at any time the Company elects, if the Minimum Number of Bids for an Auction to close have been received.
b. The company may, at its sole discretion, identify an Auction in which the Minimum Number of Bids to close has been meet and/or set a date that the Auction will close or post the number of bids remaining in an Auction.
c. Once an Auction closes the Successful Bidder will be determined via the following minimum steps:
1. All Bid payments will be verified. Any unqualified or unaccepted Bids will be disqualified;
2. All Duplicate Bids will be disqualified;
3. All unique Bids will be identified;
4.. The Successful Bid will be determined as the highest remaining unique Bid.
d. WITHIN FIVE (5) BUSINESS DAYS from the close of an Auction, the Company will publicize on its web site and/or via alternate methods, as deemed appropriate by the Company, the Successful Bid for the Auction. This notification will include the price submitted by the Successful Participant for that Auction, the total number of Bids accepted for the Auction and any other details or information the Company deems appropriate including the Participants first initial, last name, likeness and/or state of residence. Furthermore, the Successful Bidder authorizes the Company to e-mail, in the Participants name, friends referred to the Company by the Participant, with the results from the Auction.
e. The Successful Participant may submit to the Company, and release the rights for use, a picture or digital image showing them with the product and/or service purchased in the Auction, which the Company may publicize as described above.
f. The Successful Bidder will be notified via e-mail. If the company is unable to contact the Successful Bidder via e-mail WITHIN FIVE (5) BUSINESS DAYS, the Company may at its sole discretion and has the right to notify Successful Bidders via telephone, standard mail or any other means that it deems necessary and appropriate.
g. The amount of the Successful Bid will be billed to the Successful Bidder for the Auction they became the Successful Participant in.
h. Each Successful Participant will provide to the Company, credit card and/or any other accepted payment method details and/or any additional details as demanded necessary by the Company, for the purpose of billing their account in the amount of the Successful Bid.
i. The submission of the Participants credit card details is an agreement with the Company to bill their account for the price of the Successful Bid for the product and/or service offered in the Auction and to accept additional payment verification methods such as the signature of the Successful Participant on a credit card payment slip, delivery slip, and/or via other methods.
j. The Successful Participant, must complete the final payment transaction within forty-five (45) business days of the Auction becoming a Closed Auction. The transaction will be considered complete when the Outbid4Less Team has received full payment for the Successful Bid amount.
k. If the Successful Participant fails to submit full payment in the amount of the Successful Bid within the designated time period, they will forfeit the right to purchase the product and/or service. In such a case, the Company reserves the right, but is not obligated, to award the Successful Bid to the next highest unique Bid for that Auction, or the company may re-offer the forfeited products and/or services in a new Unique Auction or donate them to a selected charity, at its sole discretion.
l. If a Participant, whose Bid was chosen as the Successful Bid in a Unique Auction, fails to pay or honor the required Bidding Fees for ALL Bids placed by them, the Company reserves the right to cancel their Bid and either, award the Successful Bid to the next highest unique Bid for that Auction, or the company may re-offer the forfeited products and/or services in a new Unique Auction or donate them to a selected charity, at its sole discretion.

9. Delivery of Products and/or Services

a. The delivery and/or supply of a product and/or service offered in an Auction is dependant on all conditions as stated in this Users Agreement being meet. Deliver and/or supply of the product and/or service to the Successful Participant will NOT take place until the entire amount of the Successful Bid, as submitted by the Successful Participant in the Unique Auction, and all Bidding Fees are received by the Company, unless such fees are expressly waived.
b. The product and/or service, a certificate or other means of entitlement that allows the Successful Participant to receive the offered product and/or service will be shipped to the address that was provided by the Successful Participant in their Member profile at the time their payment was submitted.
c. The Company will determine the method of delivery at its sole discretion and such delivery shall completely fulfill the Company's obligation to supply the product and/or service to the Successful Participant.
d. The Successful Participant may not make any claim nor file any complaint against the Company with regards to not receiving a product and/or service offered in an Auction, because of, but not limited to, a change of shipping address as submitted by the Successful Participant and/or by providing an incorrect and/or inaccurate address.
e. The Company will deliver or arrange the delivery of the product and/or service, or, at the Company's discretion, a certificate or other means entitling the Successful Bidder to receive the product and/or service at a agreed upon location within forty-five (45) business days, from the day that Successful Participant meets the requirements for product delivery as described herein this Users Agreement, unless otherwise stated by the Company.
f. The Successful Bidder authorizes the Company to extend the delivery date for any reason that is outside of the Company's control or responsibility and/or for any reason that relates to third parties including suppliers and delivery agents.
g. The Successful Bidder may be obligated to produce two forms of personal identification, one of which must include a photo, (such as a state driver's license, passport, credit card, etc.) which correspond to the Successful Participants personal information, as submitted in their Member profile at the time of the placement of the Successful Bid, to verify their identity. If the Successful Participant does not or refuses to provide this information, the Company and its delivery agents will not be required to release and/or supply to the Successful Participant the product and/or service until such information is provided.
h. Shipping and/or delivery fees will be paid by the Company unless otherwise stated in the Auction or negotiated.
i. The Company will not be held responsible for nonessential differences between the descriptions publicized by the Company in an Auction and the actual products and/or services that are provided. In the event of a discrepancy between the description of the product and/or service and that, which is provided by the manufacturer and/or service provider, the manufacturers and/or service provider's description will be binding. For this matter, the term "nonessential differences" refers to inconsistencies that do not change the general purpose of the product and/or service. If the description of a specific product and/or service differs essentially from the actual product and/or service delivered, the Successful Participant, will have the right to;
1. accept the product and/or service as is; or
2. cancel the Successful Bid and receive a refund of all fees and payments that were billed for that Unique Auction and this will be the sole claim of the Participant against the Company.

10. Product and/or Service warrantees

a. The distributors and/or manufacturers and/or importers and/or providers of the products and/or services offered in an Auction will distribute the product and/or service offered in the Auction to the Successful Participant as directed by the Company.
b. The Company makes no representations or warranties as to any of the products and/or services provided in the Auction and no claims may be made against the Company based upon the products and/or services provided.
c. All product and/or service warrantees will be provided (if provided) by the actual distributors and/or manufactures of the products and/or provider of services. No claims may be made against the Company for defective products and or services.

11. Bid Cancellation and Refund Policy

a. The Successful Participant of an Auction shall be entitled to cancel the purchase of the product and/or service after the Auction becomes a Closed Auction, at their sole discretion, in writing to the Company, by doing so; the Successful Participant will forfeit the right to purchase the product and/or service. If a Participant chooses to cancel their right to purchase a product and/or service they may request, in writing, for a refund for the Bidding Fees for their Successful Bid. Other Bidding Fees will not be refunded. The company reserves the right to re-offer cancelled or forfeited products and/or services in a new Unique Auction or donate them to a charity selected by the Company at its sole discretion.
b. If an Auction is cancelled for any reason, as defined in this agreement, the Members account will be credited with the appropriate quantity of Main Auction Bid credits. A Member my request a refund of unused or earned credits.
c. No confirmed and Accepted Bids may be cancelled and/or refunded unless they meet the conditions described herein this users agreement
d. If a Member receives a Confirmation E-mail and believes the Bid was placed fraudulently, they have twenty-four (24) hours from the time the Confirmation E-mail is sent to contest and/or cancel the Bid.
e. No Bidding Fees will be refunded once an Auction closes and the Successful Bid is announced. Under special and uncontrollable circumstances and/or for cases of fraud, the company may, at it's sole discretion, take into consideration requests for Bid cancellations and refunds made after the cancellation period has expired. Special requests for bid cancellations MUST be submitted to the Company in writing between Monday & Friday and clearly describe the conditions warranting such cancellation and refund. If the company accepts a cancellation request the Participant may receive either a refund of their Bidding Fees or equivalently valued Main Auction Credits, which may be used in an Auction within 45 days of issuance.
f. No Accepted Bids may be cancelled and/or refunded unless they meet the conditions expressly described herein this Users Agreement.
g. A Bid that is cancelled for any reason(s) described herein this Users Agreement will not be used to determine the number of Bids needed to close an Auction and will not be considered in determining the Successful Bid.

12. Auction duration and conditions for cancellation

a. Once opened, a Unique Auction will remain an Open Auction for a defined period of either 63 or 183 days from the time the Auction is opened or until the Maximum Number of Bids for the Auction is reached or the Auction meets the other requirements to close as stated herein this Users Agreement.
b. After the Auction period is reached, if the Minimum Number of Bids has not been accepted, the Company may at its sole discretion cancel the Auction, or lengthen the Auction period for additional periods of 30 days or until the Minimum Number of Bids to close an Auction has been meet. At such time the Company will post a closing date for the Auction that will not exceed three (3) days in length.
c. The Company is entitled to cancel or delay an Auction, in the event of extraordinary circumstances not within the control of the Company, which may cause delay or prevent the proper process of the Auction, prevents the Auction from being conducted properly.
d. The Company has the right to cancel an Auction and/or a Bid, if the Company suspects that the Bid was not submitted in good faith and/or with intention to deceive and/or in any case where the Company suspects ill and/or illegal use of a credit card. In no event shall the Company be held responsible for any purchases made with illegal use of a credit card.
e. If an Auction is cancelled, the Company will refund the Bidding Fees to the Participants within 45 days from the date the Auction was cancelled or credit the Participant with Main Auction Bidding credits, and this will be the Participants only claim against the Company.
f. The above shall not prejudice any right and/or claim the Company may have towards a third party.

13. Notices

a. All notices to the Company must be sent in writing and by registered/certified mail return receipt requested only to Outbid4less.com 11734 Election Road #170 Draper, UT 84020. This in no way obligates the Company to discuss any claim or respond to any claims. If no claim regarding a Bid, Auction, or its outcome is received by the Company, in writing, within 72 hours of the Auction closing, total acceptance of the results is assumed.
b. Users may receive a copy of the Users Agreement on the Internet web site: http://www.OutBid4Less.com.

14. Disclaimers

a. IN NO EVENT, OR AS PERMITTED BY APPLICABLE LAW, SHALL OUTBID4LESS.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR INVESTMENT PROFITS, LOSS OF BUSINESS OR PERSONAL ASSETS, LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION, OR ANY AND ALL OTHER LOSS WHICH RESULTS FROM YOUR USE OF THIS WEB SITE, OR ANY INFORMATION OR INTERNET LINKS OBTAINED, ACCESSED, DOWNLOADED, COPIED, OR CALCULATED, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, DELAY IN, OR INABILITY TO USE THIS WEB SITE OR ANY INFORMATION OR INTERNET LINKS ACCESSED, OBTAINED, DOWNLOADED, COPIED, OR CALCULATED AND WHETHER ATTRIBUTABLE TO ERRORS, OMISSIONS, DAMAGES, INFECTED, NEGLIGENT OR INTENTIONAL INACCURACIES OF ANY INFORMATION OR INTERNET LINKS, WHETHER OR NOT THE PARTIES MAINTAINING THIS WEB SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER SUCH RELATED CLAIM(S) ARE BASED IN CONTRACT, TORT, CIVIL, OR OTHERWISE. THE PARTIES MAINTAINING THIS WEB SITE SHALL NOT BE LIABLE OR RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES YOUR OR ANYONE ELSE'S COMPUTER SYSTEM, PROGRAMS, OR DATA.
b. OUTBID4LESS.COM, EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY DATA CONTAINED ON THIS WEB SITE AND/OR ANY PRODUCT DESCRIBED OR PROMOTED ON THIS WEB SITE, INCLUDING WARRANTIES WITH RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER RIGHTS OF THIRD PARTIES.

15. General

a. Details of Bids submitted by Participants are kept in strict confidentiality until the closing of the Auction. Only the Auditors and supervisors will be entitled to observe the different Bids while an Auction is an Open Auction.
b. All Auctions are under the supervision of an Auction supervisor.
c. If there are any additional or extraordinary taxes and/or payments according to law applying to an item offered in an Auction not expressly defined in this Users Agreement as being paid by the Company, they will be paid by the Participant.
d. The headings of this Agreement are for convenience only and should not be used for the purposes of interpretation of the agreement.
e. This Agreement shall be governed by and in accordance with the laws of the State of Colorado. In the event that a dispute arises as to enforcement, interpretation or implementation of this Agreement, the parties herein consent to personal jurisdiction in the State of Colorado and venue in the United States District Court.
f. The Company will not be held responsible for the use of Bid details and/or other information given by Participants when submitting Bids, including through the Internet web site of the Company, by parties that are not the Company and/or its employees, including hackers and/or parties that may penetrate the files of the Company's web site.
g. Members are encouraged to seek information from the manufacturer and/or service provider for the detailed specifications of the products and/or services offered through the Auctions.
h. No provision of this Agreement may be waived, except by a written waiver signed by both parties.
i. In the event that one or more of the provisions or portions of the provisions of the herein Agreement is declared, invalid, void, illegal or unenforceable, in any respect, the validity, legality and enforceability of the remaining provisions or portions of the provisions contained herein shall remain effective and binding, and shall not be affected or impaired thereby.
j. This Agreement shall be binding upon all parties hereto, as well as their agents, servants, successors, assignees, licensees and transferees.