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SmartBid Terms and Conditions

The terms and conditions and all other obligations and rules (collectively, the "Terms and Conditions") detailed in writing on the www.thesmartbid.com website (the “Site”) are by and between SmartBid LLC (“SmartBid” or "us" or “our” or "we" or other similar pronouns) and everyone who uses the Site ("you" “your” “yours” or "user" or other similar pronouns).

By using the Site, creating an account, and/or participating in any auctions, products or services offered by or through the Site, you accept and agree to be bound by all terms, conditions and notices contained or referenced on the Site, including the most current version of the Terms and Conditions. SmartBid may modify the Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing the Terms and Conditions periodically for any such modifications.
  1. Conditions and Obligations
    1. Eligibility:
      1. United States. To be eligible to register and open an account and/or participate in any auction offered on the Site, you must: (a) be a natural person at least 18 years of age or older, who is assigned to the e-mail address submitted on your account registration form; (b) be a legal resident of the United States with a U.S. address and currently residing at the address in an eligible location; (c) be physically located within the U.S.; (d) be physically located in a U.S. state in which participation in the auction you select on the Site is unrestricted by law; and (e) at all times abide by the Terms and Conditions. By using or accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms and Conditions.  The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws; the Site DOES NOT offer games requiring a cash entry fee to users accessing the Site from the following states: Arizona, Arkansas, Connecticut, Delaware, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Vermont. Additionally, the Site (a) DOES NOT offer card game cash entry fee if you reside in, or access the Site from, Indiana or Maine, and (b) only offers limited types of tournaments to users accessing the Site from Florida. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  If you open an account and/or participate in any auction offered on the Site while located in a prohibited jurisdiction, you may be in violation of the law of such jurisdiction and will be in violation of the Terms and Conditions and subject to having your account suspended or terminated. In addition, and without limiting any rights or remedies available to the Site, in the event of any violation of the Terms and Conditions, all winnings (if any) may be voided, and in the event such winnings have already been withdrawn by you, recouped by SmartBid, at its sole and absolute discretion.
      2. Non United States. You are not be eligible to register and open an account and/or participate in any auction offered on the Site if (a) you are not a legal resident of the United States with a U.S. address and currently residing at the address in an eligible location; (b) are not physically located within the U.S.
    2. Legality and Taxes.  You are subject to all laws of the city, state, federal, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. Access to the Site may not be legal for some or all residents of, or persons present in, certain jurisdictions. You agree SmartBid cannot be held liable if laws applicable to you restrict or prohibit your participation. SmartBid makes no representations or warranties, express or implied, as to the lawfulness of your accessing the Site or participating in any auctions, products or services offered by or through the Site, nor shall any person affiliated, or claiming affiliation, with SmartBid have authority to make any such representations or warranties.
    3. SmartBid reserves the right (but has no obligation to you) to monitor the location from which you access the Site and to block access from any jurisdiction in which participation or access is illegal or restricted. SmartBid may require any participant receiving any prize to provide the Site with proof that he or she is, or was at the time the subject auction was played, eligible to participate according to the Terms and Conditions. Without limiting any contrary provision of the Terms and Conditions, if SmartBid monitors your access or participation on the Site, SmartBid shall not be liable for the effectiveness of such monitoring. By accessing, using, or downloading in any way any materials on the Site, or merely browsing the Site, or creating an account and/or participating in any auction or service offered by or through the Site, you represent and warrant that you are doing so in compliance with the Terms and Conditions and agree to indemnify and hold harmless SmartBid for any liability, claims, and damages (including attorneys' fees) arising out of or related to your violation of the Terms and Conditions.

  2. Acknowledgment of Proprietary Rights.
    1. By registering for an account and/or participating in any auction or services offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by SmartBid. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial in-home use only, provided you keep intact all copyright and other proprietary notices. SmartBid neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While SmartBid uses reasonable efforts to include accurate and up-to-date information, SmartBid makes no warranties or representations as to its accuracy. SmartBid assumes no liability or responsibility for any errors or omissions in the content of the Site.
    2. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by SmartBid or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Site promotion, marketing and posting. Furthermore, SmartBid is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
    3. The trademarks, logos, service marks and trade names (collectively the "Trademark") and the name and logo SmartBid displayed on the Site or on content available through the Site are registered and unregistered Trademarks of SmartBid and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SmartBid or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in the Terms and Conditions, is strictly prohibited. You are also advised that SmartBid will aggressively enforce its rights (including intellectual property rights) to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.
    4. Promotional Activities. By registering for an account, you agree that SmartBid may display your username and auction records. By accepting any prize from SmartBid, you agree to allow SmartBid to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
    5. Submissions. If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of SmartBid. No submission shall be subject to any obligation of confidence on the part of SmartBid. SmartBid shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
    6. Information Required.  At registration, you are required to submit the following information: an alias that will be your username, a password and your e-mail address. SmartBid reserves the right, in its sole discretion, to change and/or suspend/terminate aliases as SmartBid deems fit.
    7. Accuracy of Information.  You represent and warrant that all information you supply to the Site is complete, accurate and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account and forfeiture of any prizes or winnings.

  3. Fraud and Abuse.  SmartBid strictly prohibits user fraud and abuse relating to the access and use of the Site. In accessing the Site or participating in any auctions, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations and the Terms and Conditions and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of the Site. Anyone who engages in, participates in, or displays behavior that may be interpreted, in SmartBid's sole and absolute discretion, as the use of unfair methods on the Site, including but not limited to, the use of unauthorized or altered software or hardware to assist in auction bids, collusion with other bidders, any breach of the Terms and Conditions, any breach of the security of your account or the Site, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), you shall be subject to immediate sanction (as determined by SmartBid in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of Site access; (2) any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive shall be void and/or forfeited; and (3) any prizes, winnings and representative of value already received by you shall be subject to disgorgement and/or recoupment by SmartBid. Without in any way limiting any provision of the Terms and Conditions, SmartBid expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys' fees) and the right to report you and such abuse to any and all relevant regulatory authorities or governmental agencies.  If user's account is closed by SmartBid for a violation of the Terms and Conditions, that user's winnings may be voided and not returned to that user.  In such an event, SmartBid uses these winnings to defray the costs of administration and enforcement of the Terms and Conditions.

  4. Disclosures.
    1. Winners Lists. A preliminary list of winners will be posted on the Site following each auction, except in the case of auctions with substantial (as determined by SmartBid in its sole discretion) prizes, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential Abuse. Final winners will be posted following completion of the applicable auction.
    2. Determination of Winners.  The results and winners of each auction offered on the Site will be determined by SmartBid, and such determinations are final. By registering and/or participating in any auction, you agree to be bound by these determinations.

  5. Shipping and Delivery.  All goods are shipped F.O.B. Origin, and accordingly, the Site takes no responsibility for any damage incurred during shipping and thereafter. Costs of shipping are borne by you. In certain specifically disclosed auctions, the Site may choose to bear the cost of shipping within the continental U.S., although the Site is under no obligation to do so.  All items purchased from SmartBid are made pursuant to a shipment contract, and therefore, the risk of loss and title for such items pass to you upon delivery of the item to the carrier.   Unless otherwise stated, delivery will be made directly from our third party suppliers or from our warehouse to the shipping address provided by you. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii.  You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. SmartBid shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify you. Should SmartBid not be able to deliver the item ordered, SmartBid shall be entitled to substitute the item with a comparable replacement product with similar or better features, or provide a refund of the auction end price to you based upon your preference.

  6. LIMITATION OF LIABILITY
    1. GENERAL DISCLAIMER.  BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY AUCTION, PRODUCTS OR SERVICES OFFERED BY OR THROUGH THE SITE, YOU AGREE THAT SmartBid OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS (“REPRESENTATIVES”) ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE; (2) ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE; (3) ANY LOSSES DUE TO VIOLATIONS OF THE TERMS AND CONDITIONS BY OTHER USERS; AND (4) ENFORCING THE TERMS AND CONDITIONS FOR THE BENEFIT OF OTHER USERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT SmartBid AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
    2. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SmartBid OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SITE OR ANY AUCTION OR GOODS AND SERVICES OFFERED THROUGH AND BY THE SITE, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
    3. No Warranty.  ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH SmartBid HAS AUTHORITY TO EXTEND SUCH WARRANTIES.  Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Users agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through the Site.
    4. By participating in the auctions, products or services offered by or through the Site, you acknowledge that technical processing and transmission of the Site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. SmartBid is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Site, or utilized by the user, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Site or online service, or for any other technical or non-technical error or malfunction.
    5. SmartBid also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
    6. In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing an auction in which you have begun to participate, SmartBid will, upon receipt of a refund request and verification of the status of the alleged malfunction or disruption of services, refund the bid fee charged for that unfinished auction entry only. SmartBid reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. SmartBid also reserves the right to limit your auction play or terminate your account should SmartBid determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. SmartBid is not liable for any potential winnings from any unfinished auction.
    7. Credit Card Use.  You agree that SmartBid is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Site.  Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution.
    8. Hacking, Tampering, or Unauthorized Access.  By registering for an account and/or participating in the auctions, products or services offered by or through the Site, you agree that SmartBid is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.  Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.  Any attempt to participate in any auctions, products or services offered by or through the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled.
    9. Accounts for Individual Use Only.  You, as the holder of your account, are solely responsible for all obligations and, assuming compliance with the Terms and Conditions, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any auction using your account information. Your account is not transferable to any other person. By registering and/or participating in any auctions, products or services offered by or through the Site, you agree to indemnify, defend, and hold SmartBid and its Representatives harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of your account by any person.
    10. Account Termination.  SmartBid reserves the right to terminate your account, limit or prohibit your participation in any auctions, products or services offered by or through the Site for any reason, including but not limited to any Abuse (see Paragraph 3) by you.  By registering for an account and/or participating in any auctions, products or services offered by or through the Site, you consent to allow SmartBid to access your account information to investigate complaints or other allegations of Abuse.  If applicable, all charged monies (deposits), less registration and bid fees and withdrawals, will be returned to the user. All winnings (if any) may be voided at the sole discretion of SmartBid.

  7. Indemnification. You agree to defend, indemnify on demand and keep SmartBid and its Representatives, indemnified, and hold SmartBid and its Representatives, harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or participation in the auctions, products or services offered by or through the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. SmartBid reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SmartBid’s defense of such claim.

  8. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of law provisions. By registering for an account and/or participating in any auctions, products or services offered by or through the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of California, County of Santa Clara. You agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County in the State of California. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by SmartBid must be made in writing and signed by an authorized representative of SmartBid specifically referencing these Terms and Conditions and the provision to be waived.  Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by SmartBid’s successors, assigns and licensees.