These Terms constitute a binding agreement between you and WireBids. By using WireBids, you accept these Terms & Conditions in full.
The parties agree that the following statements are true:
- WireBids provides auction services through its website, http://www.WireBids.com and its subdomains (together, the “Website”). These services enable a Seller to submit items to be sold in an auction-style sale to other users of the Website, who are referred to in this Agreement as “Users.”
- In order to sell items, the Seller logs on to the Website and submits an event, known as an “Auction.” Seller then may submit individual items for sale to be listed within this Auction, known as “Lots.” Seller supplies descriptions, photographs, and terms of the Lots, and WireBids allows its Users to view the Lots and place electronic bids on them. Upon the close of the Auction or the Lot, the Seller is expected to enter into a contractual arrangement with the highest bidder to sell the item in exchange for the highest bidder's payment of the winning bid to the Seller.
- WireBids only provides a forum for consummating transactions, and does not enter into contractual arrangements to buy or sell any items on behalf of its Users or the Seller. WireBids is an Internet service, and thus is subject to periodic outages or technical difficulties. WireBids does not guarantee that the highest bidder will pay Seller. WireBids does not guarantee that its services will be available at all times. This Agreement contains the terms and conditions under which WireBids permits Seller to use its Website.
- "WireBids" means WireBids, LLC, a limited liability company organized under the laws of the state of Ohio.
- "Website" means all content accessible and available under the domain name http://www.WireBids.com and its subdomains.
- "User" and "Bidder" means anyone who creates a user account on WireBids.com.
- "Seller" and "Sellers" means any third-party who posts an auction or lot on WireBids.com by using a seller's account.
- "Auction" means any event posted on WireBids.com that allows a bidder to participate in auction-style bidding, whether timed, live or webcast.
- "Lot" means any individual item or group of items advertised for sale within an Auction.
Services Provided by WireBids.
WireBids provides an online service connecting an independent Seller and an online Bidder for the purpose of facilitating an electronic transaction between a Seller and a Bidder. WireBids creates a virtual interface meant to simulate an auction-style sale environment or allow a Bidder to participate in a live auction via means of the Internet. WireBids does not supply the descriptions of Lots or Auctions; the Website only republishes information provided by the Seller. WireBids does not sell or broker any real or personal property advertised on the Website. User places bids at his or her own risk and acknowledges the duty to inspect any Lots prior to placing a bid.
User may not register for an account on WireBids unless the User is over 18 years of age.
Requirements of User Conduct.
During the course of the use of the Website, User may not:
- Use the site for fraudulent, misleading or deceptive activities;
- Use the Website to disseminate offensive content, which includes but is not limited to obscenity, threats, harassment, defamatory content, or content referencing illegal activity;
- Use the Website to engage in illegal activity, propose an illegal transaction, or otherwise violate any laws.
- Republish or redistribute any contents of this Website;
- Appropriate or use any trademarks or service marks published on the Website;
- Alter, modify, copy or otherwise save any software or source code used on the Website;
- Copy, disassemble, duplicate or modify the software or source code used to operate the Website;
- Use automated process, such as macros or applications, to access the Website;
- Use any device, process or software to disrupt or interfere with the operation of the Website;
- Share User's login password with third parties;
- Make a false representation to a Seller, including but not limited to placing a bid without intention of entering into a contract with a Seller;
- Make a false representation to WireBids;
- Retract bids;
- Fail to contract with a Seller after having won an auction;
- Engage in any activity that constitutes bid-rigging, shill bidding or price manipulation of an Auction or Lot;
- Engage in any other activity which WireBids deems as disruptive to WiredBid's services or contrary to the purpose of the Website.
As a condition of sale, Seller may require the winner of a Lot to pay a Buyer’s Premium, which is a fee assessed in addition to the final sale price of the Lot. User acknowledges that as a consequence of winning a Lot, User will owe such fees to Seller.
WireBids reserves the right to modify or extend the closing time of auctions in WireBids' sole discretion.
- User acknowledges that placing a bid on the Website constitutes an electronic agreement with Seller to purchase the lot for the amount of the bid. Winners will be announced at the end of the auction. User shall abide by all terms provided by Seller on the auction or lot description. User shall treat all of Seller's provided terms as material under Uniform Commercial Code § 2-207 (codified in Ohio Rev. Code § 1302.10).
- The Uniform Electronic Transactions Act (codified in Ohio Rev. Code § 1306 et seq.) shall govern all electronic transactions occurring on this Website.
- User shall use good-faith efforts to resolve disputes arising between Seller and User using Seller's dispute resolution process, if any.
- User may request WiredBids' assistance to resolve the dispute by contacting disputes@WireBids.com and requesting an Application for Dispute Resolution. User must make this request no later than thirty (30) days after the dispute arose or the disputed auction was closed by the Site, whichever is earlier.
- WireBids may in its sole discretion agree or decline to assist in the resolution of the dispute. If WireBids agrees to assist in dispute resolution, User shall participate in the dispute resolution process in good faith.
- WireBids owns the entire contents of the Website and reserves all rights provided for by copyright. User may not copy or republish any contents of the Website without prior express written permission from WireBids.
- WireBids owns the "WireBids" servicemark and reserves all rights to its use. User may not appropriate or use the "WireBids" servicemark without prior express written permission from WireBids.
- User acknowledges that § 230 of the Communications Decency Act of 1996 applies to immunize WireBids from liability as a publisher of any information provided by a third-party information content provider.
The failure of WireBids to enforce any provision of these Terms & Conditions shall not be deemed a waiver. WireBids may waive provisions only by express written permission.
User shall indemnify, defend and hold harmless WireBids and its agents from any claims or damages sought against WireBids and/or its agents resulting from the User's use of the Website. WireBids may at its sole discretion assume the exclusive defense from such claims or damages; however, such assumption shall not absolve User of the duty to indemnify and hold WireBids harmless.
WireBids may modify these Terms & Conditions at any time by means of posting on the Website. User shall read the Terms & Conditions posted on the Website every time User logs on to use the Website. The most recent version of the Terms & Conditions shall govern the relationship between User and WireBids.
These Terms & Conditions constitute the entire agreement between User and WireBids, superseding all prior and contemporaneous agreements.
If any part of these Terms & Conditions is held unenforceable, the remaining parts shall remain enforceable.
Applicable law and forum.
All disputes arising from or relating to these Terms & Conditions shall be exclusively governed by and construed in accordance with the laws of the state of Ohio. User and WireBids irrevocably submit to the exclusive jurisdiction and venue in the Court of Common Pleas of Geauga County, Ohio, and hereby waive any defenses of lack of personal jurisdiction or forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If court proceedings are required to enforce any provision of this Agreement, the prevailing party shall be entitled to an award of reasonable costs and expenses of litigation and any appeal, including reasonable attorneys’ fees.
At its sole and absolute discretion, and without notice, WireBids may:
- Terminate User's access to all or part of the Website;
- Discontinue individual auctions;
- Discontinue offering auction services; or
- Revoke User's bids placed on the Website.
DISCLAIMER OF WARRANTIES.
THE SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS-IS, WHERE-IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WIREBIDS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USER REQUIREMENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ANY LOT POSTED ON THE WEBSITE WILL BE SOLD. WireBids MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF THE DESCRIPTION OF AUCTIONS OR LOTS. WireBids MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS SERVICES ARE IMMUNE TO TECHNICAL DIFFICULTIES OR OUTAGES.
If User is dissatisfied with the performance of WireBids or the Website, User’s sole remedy is to discontinue use of the Website and any services provided by WireBids.
- WireBids shall send notices to User via the User’s email address provided at registration.
- User shall send notices to WireBids to legal@WireBids.com
- Notices shall be deemed to have been received no later than 5:00 P.M. on the business day following the day on which the email is sent.
All currency amounts displayed or used by the Website are deemed to be denominated in United States Dollars unless otherwise specified in the respective auction or lot description.