BidDFW.COM
TERMS &
CONDITIONS
1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS &
CONDITIONS
Use of this Web site constitutes acceptance of
the BidDFW.com Terms & Conditions.
You accept and agree to be bound by the Terms &
Conditions, Privacy Policy, operating rules and/or other policies of
BidDFW.com, published by BidDFW.com as
described below (all such Terms & Conditions, operating rules and/or
policies as they may be amended from time to time shall hereinafter be
referred to as these "Terms & Conditions"). Members
may be referred to as "Member," "User," "Buyer" when a Member is being
described as acting as a buyer in a BidDFW.com
transaction, "Bidder" when a Member is being described as bidding on an
asset in order to act as a potential buyer in a
BidDFW.com transaction, and "Seller" when a Member is acting as a
seller in a BidDFW.com transaction. These Terms
& Conditions comprise the entire agreement between Member and
BidDFW.com and supersede all prior agreements between the
parties, regarding the subject matter contained
herein.
1.2 DESCRIPTION OF BIDDFW.COM SERVICES
BidDFW.com acts as a venue for Sellers to
list properties and Buyers to bid on properties.
BidDFW.com is not involved in the actual transactions
between Buyers and Sellers and assume no responsibility for actions made
based on information or services on BidDFW.com. In the
event that any parties using our Site, including Sellers, Buyers and
Bidders, have a dispute, the Company (including our officers, directors,
agents, affiliates, and employees) is not liable for any claims, demands
and damages arising out of or in any way connected with such disputes. The
information published on the Site may include inaccuracies or errors.
While the Company strives to keep the information on the Site accurate,
complete and up-to-date, the Company can not guarantee, and will not be
responsible for any damage or loss related to the accuracy, completeness
or timeliness of the information. Such information is provided without
warranty of any kind. In no event shall the Company (and our officers,
directors, agents, affiliates, and employees) be liable for any claims,
demands and damages arising out of or in any way connected with the use of
the Site, the delay or inability to use the Site, or any information or
services obtained from the Site.
1.3 WHO CAN
BID?
Bidders must register with
BidDFW.com as a Member and be capable of forming legally
binding relations under applicable law. The services provided by
BidDFW.com are not available to individuals under the age
of 18 years old and any other individuals who are legally prohibited from,
or otherwise incapable of, entering into binding
contracts.
1.4 WHO CAN SELL?
Sellers must be the rightful owners or authorized by the
owners of such property, a court of law, or through power of attorney to
sell an Asset. Sellers must produce evidence of ownership and/or
authorization to sell an Asset upon request of BidDFW.com
or a Buyer.
1.5 PROCEDURE FOR CONDUCTING AUCTIONS
Assets are listed for the specified bidding periods shown on
the Site and are deemed "sold" at the close of bidding which will be set
at a time pre-determined by the Seller. Each Asset will have a description
and disclosure information on the Site, as well as any additional
conditions of sale provided by the Seller. Once bidding commences, Bidders
may make a bid at any time prior to closing of the bidding. All Assets
will have a minimum bid price disclosed on the Site. For certain Assets,
the Seller may impose a reserve price which is not disclosed on the Site.
If there are no bids above the minimum bid or reserve price (whichever is
higher), then the Seller is not obligated to sell the Asset. After bidding
closes on each Asset, BidDFW.com will send the highest
Bidder and Seller an email detailing the highest bid and contact
information. In all auctions Buyers who receive a winning bid notice are
legally bound to buy the asset at the quoted bid amount (see "Contractual
Obligations of Buyers and Sellers" below), and the Seller is legally bound
to sell the asset, pursuant to these Terms &
Conditions, subject to the additional conditions of sale
specified by Seller. The Seller is obligated to contact the winning Bidder
within three (3) business days to complete the transaction (or the Seller
may engage a representative, including BidDFW.com, to contact the winning
Bidder on the Seller's behalf, pursuant to prior agreement). After three
(3) business days if the Seller is unable to contact the winning Bidder,
for whatever reason, the Seller may, in its sole discretion (a) continue
to attempt to contact the high bidder with assistance from
BidDFW.com; (b) after contacting
BidDFW.com, contact the second highest Bidder and sell
the Asset to the second highest Bidder; or (c) re-list the asset on the
Site. By selling an Asset to the next highest Bidder, neither the Seller
nor BidDFW.com is releasing any claims he/she/it may have
against the highest Bidder for non-performance. Once the Seller contacts
the winning Bidder, the Seller and winning Bidder shall complete the
settlement of the purchase and sale of the Asset pursuant to "Settlement
of Transactions" below.
1.6 SETTLEMENT OF
TRANSACTIONS
The settlement of a
purchase and sale of an Asset following a completed bidding process shall
be conducted pursuant to this Section, unless otherwise provided in the
Seller's conditions of sale or in a written agreement executed by the
Buyer and Seller. Unless otherwise provided in the Seller's conditions of
sale or otherwise agreed upon by the Seller and Buyer in writing, final
settlement shall take place no later than seven (7) business days after
Buyer is given a Winning Bid notice.
1.7 USER NAME AND
PASSWORD
Once a party becomes a Member
of the Site, the Member will select a user name and a password. Members
are entirely responsible for maintaining the confidentiality of their user
names and passwords. Furthermore, Members are entirely responsible for any
and all activities, which occur under a Member's ID and password. Member
agrees to immediately notify BidDFW.com of any
unauthorized use of Member's ID or any other breach of security known to
Member.
1.8 CONTRACTUAL OBLIGATIONS OF BUYERS AND
SELLERS
Terms &
Conditions As Contract. These Terms &
Conditions, together with any additional conditions of sale
provided by a Seller for a particular Asset disclosed on the Site,
comprise a contract between a Seller and the winning Bidder in any
completed auction. By bidding on an Asset a Bidder agrees, and by listing
an Asset on the Site, a Seller agrees, to be bound by these Terms
& Conditions and the Seller's conditions of sale included in
the Asset's description, so long as those conditions of sale are not in
violation of these Terms & Conditions or unlawful. In
the event of any direct conflict between these Terms &
Conditions and any conditions of sale provided by a Seller, then
these Terms & Conditions shall prevail, except that
in the event of a direct conflict regarding the timing and requirements of
settlement provided in the Section entitled "Settlement of Transactions"
above, then the Seller's conditions of sale shall prevail with respect to
such provisions.
1.9 BINDING CONTRACT BETWEEN BUYER AND
SELLER
A bid made by a Buyer is an offer
to purchase the asset from the Seller at the stated bid price. The bid is
an irrevocable offer, subject only to material changes in the description
of an asset made after such bid is placed by a Buyer. Buyers are required
to conduct any research or due diligence of an asset prior to making a bid
(See "Other Responsibilities of Bidders/Buyers" below). All Assets are
listed and sold on an "as is" basis. If a Buyer bids on an asset and that
bid represents the highest bid for that asset, and the highest bid is at
or above the Seller's minimum and/or reserve price (whichever is higher),
the Buyer's bid is deemed accepted by the Seller (subject to these Terms & Conditions,
including the right of a Buyer to change or retract a bid in the event of
a material change in the description of the Asset, as set forth below),
except for an exceptional circumstance, such as a typographical error.
Once a Buyer's bid is accepted by the Seller, the Buyer is obligated to
purchase the asset at the price he/she/it offered and pursuant to these
Terms & Conditions and the Seller's conditions of
sale. If a Seller receives at least one bid at or above the Seller's
stated minimum price (or in the case where the Seller has set a reserve
price, at or above the reserve price), the Seller is obligated to complete
the transaction with the highest Bidder upon the completion of the
bidding, unless there is an exceptional circumstance, such as a clear
typographical error or other conditions stated in these Terms
& Conditions.
1.10 CONDITIONS OF PURCHASE AND
SALE
All purchases and sales of Assets
and use of the Site by Members shall be conducted in compliance with
applicable law. Purchases made on the Site are entirely without recourse
to BidDFW.com. All Members acknowledge and agree that
closing of all sales of Assets may be subject to final approval of a court
(including a bankruptcy court) or other agency and that if such approval
is not obtained, the Seller may withdraw such Asset after a completed
bidding process without any recourse or liability on the part of
Seller.
1.11 BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these
Terms & Conditions, and Buyers and Sellers shall be
entitled to enforce the provisions hereof and may pursue legal action
against each other for non-performance of any provision hereof, including
without limitation, non-performance of a purchase and sale after a
completed bidding process. In addition, BidDFW.com
retains the right to terminate a Member's rights to use the Site in the
event a Member violates these Terms & Conditions. All
Assets are listed and sold on the Site on an "as is"
basis. Bidders are required to conduct any research or due diligence of an
asset that they wish to conduct prior to making a bid. After the online
bidding is complete, unless otherwise indicated/engaged, Buyers are
responsible for taking all necessary actions to complete the sale once a
Winning Bid notice is given to Buyer. BidDFW.com retains
the rights to terminate a Buyer's rights to use the Site in the event a
Buyer fails to perform its obligations to settle on a completed
auction.
1.12 OTHER RESPONSIBILITIES OF SELLERS
Description of Assets. Sellers must accurately describe
Assets in a listing provided for inclusion on the Site and shall be liable
for any misstatements or omissions in such description. Failure to
accurately describe an Asset could be fraudulent and could subject a
Seller to civil and/or criminal liability, as well as being in violation
of these Terms & Conditions. BidDFW.com retains the
right to terminate a Seller's rights to use the Site in the event a Seller
includes material misstatements or omissions in an Asset's description.
Prior to listing an Asset, Sellers shall provide to
BidDFW.com any terms or conditions of sale for particular
Assets in addition to these Terms & Conditions.
Sellers are responsible for complying with all applicable local, state,
federal, or foreign laws, rules, regulations and legal approvals regarding
the sale of any Assets. Sellers are also solely responsible for ensuring
that all items offered for sale are offered in full compliance with any
applicable legal limitations or restrictions.
1.13 PAYMENT OF COMMISSION TO
BIDDFW.COM Currently All Auction Listing
Features are FREE!!!
Each Seller in a transaction
for which a Winning Bid notice is issued shall pay BidDFW.com the
agreed upon commission based on the final sales price for the asset in
question. Such amount shall be paid to BidDFW.com within
thirty (30) days of invoicing by
BidDFW.com.
1.14 SUPERVISION OF
CONTENT
BidDFW.com
reserves the right to supervise all material, content and information on
its Site, including, but not limited to, asset listings and bidding
activity, to determine compliance with the Terms &
Conditions and all current and future operating procedures and
rules of conduct established by BidDFW.com.
BidDFW.com reserves the right, at its sole discretion, to
amend, edit, remove or otherwise block any material posted by a Member,
which may violate any state, federal or local law or violate any aspect of
these Terms & Conditions or which may otherwise
jeopardize the business operations or goals of
BidDFW.com. Child pornography or otherwise is
strictly prohibited and seller will be banned from
site!
1.15 MEMBER CONDUCT
Member is
solely responsible for the contents of his/her/its transmissions through
the Site. Member's use of the Site is subject to all applicable local,
state, national and international laws and regulations. Member agrees: (a)
to comply with US law regarding the transmission of technical data
exported from the United States through the Site; (b) not to use the Site
for illegal purposes; (c) not to interfere or disrupt networks connected
to the Site; and (d) to comply with all regulations, policies and
procedures of networks connected to the Site. Member agrees not to
transmit through the Site any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material
of any kind or nature. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
national or international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited. Member further agrees not
to use the Site in a manner that violates any Federal, state or local laws
or statute, including but not limited to the sale of any regulated
substances.
1.16 NO RESALE OR COMMERCIAL USE OF THE SERVICES PROVIDED ON THE
SITE
Member's right to use the Site is
personal to Member. Member agrees not to resell or make any commercial use
of the services provided on the Site, without the express written consent
of BidDFW.com. Member acknowledges that content appearing
on the Site may be protected by copyrights, trademarks or other
proprietary or personal rights and that applicable laws will govern the
Member's use of such content. Member agrees that without the prior written
consent of BidDFW.com, Member shall not resell the Site,
or the services provided on the Site, or use the Site for the transmission
of commercial solicitations (other than an offer by Seller of Assets for
sale) or for the receipt of responses to commercial solicitations (other
than a Buyer's interest in purchasing Assets offered for sale through the
Site) without the express written consent of BidDFW.com.
Member agrees not to, for a commercial purpose, upload, transmit,
reproduce, distribute or participate in the transfer or sale, or in any
way exploit, any content obtained through the Site. Member agrees not to
use the Site for the transmission of (or receipt of responses to) chain
letters, lotteries, gambling or pyramid schemes of any kind. Member agrees
not to use the Site to disseminate any message in a broad-based mailing
without the prior written permission of BidDFW.com.
Member agrees not to forge communications or take any other action that
would disguise the origin of communications Member transmits through the
Site. Member agrees not to permit another person to transmit
communications that falsely identifies the Member's account as the origin
of such communication. Nothing herein shall limit or prevent any Buyer
from re-selling any Asset purchased through the
Site.
1.17 LIMITATION OF LIABILITY
NEITHER BIDDFW.COM, THEIR INTERNET SERVICE
PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES,
REPRESENTATIVES, OR AGENTS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING
OR DELIVERING THIS SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE
OF BIDDFW.COM OR INABILITY TO USE BIDDFW.COM (INCLUDING,
BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE
TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH
CAUSED BY THE NEGLIGENCE OF BIDDFW.COM PROVIDERS) EVEN IF
ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR
DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF
BIDDFW.COM, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS,
LICENSORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO
ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS
PARAGRAPH AND THE PRECEDING PARAGRAPHS WILL SURVIVE ANY TERMINATION OF THIS
AGREEMENT.
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