Blue Bird Bids Terms And Conditions

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Blue Bird Bids Terms And Conditions

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General / Overview

The following Terms & Conditions shall apply to the relationship between Blue Bird Bids.com LLC, all subsidiaries of Blue Bird Bids.com LLC, and www.BlueBirdBids.com (“Blue Bird Bids”), and the end user (“You” or “Your”). By using Blue Bird Bids’ services, You hereby accept these Terms & Conditions, as well as the manner in which Blue Bird Bids operates.

Information on Blue Bird Bids, such as the “How It Works”, “My BBB”, “Help” or “About Us” sections, are only recommendations and are not intended as rules or guidelines. Blue Bird Bids is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

If you have any questions, concerns, or comments about our Terms & Conditions, please email us at support@bluebirdbids.com.

These Terms & Conditions constitute the entire agreement between Blue Bird Bids and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Blue Bird Bids with respect of Your use of Blue Bird Bids’ website, services.

Acceptance of Terms & Conditions

Important that you read and understand the following as it pertains to use of Blue Bird Bids. If You do not agree to the Terms & Conditions, do not use Blue Bird Bids, its website or its penny auction software. If You access, use, purchase bid packs, place bids or download in any way any service from Blue Bird Bids, You agree to and are bound by these Terms & Conditions and also acknowledge that (a) You have had the opportunity to review the Terms & Conditions regarding the use of Blue Bird Bids included in “How It Works”, (b) You have either reviewed the tutorials or have chosen not to do so, and (c) You have had the opportunity to ask questions regarding the use of Blue Bird Bids by telephone or email or both and to have those questions answered prior to use of the above.

Changes to Terms & Conditions

Blue Bird Bids at its discretion may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that Blue Bird Bids may provide You notice of such changes in any of the following ways: via email from Blue Bird Bids, via an RSS feed, and/or by posting a change notice on the website for a reasonably limited time. You understand and agree it is Your sole responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You agree that you must cease using Blue Bird Bids’ services immediately. By continuing to hereby access, use, or download in any way any service from Blue Bird Bids following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.

Eligibility

By using Blue Bird Bids, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

By accepting the Terms & Conditions and/or registering with Blue Bird Bids, You confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a “Jurisdiction”) of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions.

Blue Bird Bids employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as Blue Bird Bids employees may not under any circumstances participate in Blue Bird Bids auctions.

You may not participate in collusion with other users. Blue Bird Bids reserves the right to void any winning bids and permanently close the accounts of users suspected of collusion.

Blue Bird Bids reserves the right to limit in its sole discretion the number of user accounts per household and the number of won auctions per user account in any single period. A single credit card may not be used in conjunction with multiple user accounts. Blue Bird Bids limits the number of user accounts per natural person and/or per household to one. A single user account may win a maximum of fifteen (15) auctions, excluding bid voucher auctions, in a 30-day period. A single user account may only win a maximum of twelve (12) auctions per 24-hour period. A user account may only be able to win a maximum of five (5) auctions at any one time, plus one (1) beginner auction if applicable, less the number of current auction wins over the previous 24-hour period.

Blue Bird Bids products and services are offered exclusively to private users and not to commercial or semi-commercial retailers. By accessing the site, the penny auctions, purchasing bid packs and placing bids, you warrant that you are not a commercial or semi-commercial retailer.

Blue Bird Bids Terms And Conditions

Registering

You agree you may register only once with Blue Bird Bids, and You must provide a physical postal address where You reside (P.O. boxes or similar arrangements are not permitted). Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. You are responsible for keeping Your user account password confidential. Blue Bird Bids will never ask for Your password except during login. You should never provide Your password to anyone, including Blue Bird Bids’ employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.

You agree not to have more than one account. You must not provide misleading information when registering. You may not collude to exchange information with other Blue Bird Bids users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Blue Bird Bids users. If Blue Bird Bids receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Blue Bird Bids’ sole discretion, Your user account may be frozen until You change the username and Blue Bird Bids will not be responsible for any loss real or perceived derived from the account being frozen or terminated. Blue Bird Bids also may permanently close Your account without prior notice to You for violating these Terms & Conditions.

Referrals

Blue Bird Bids may at any time alter the referral program with notice.

You may refer friends to Blue Bird Bids using the referral form on the Blue Bird Bids website. Blue Bird Bids reserves the right to offer free bids to any user who refers new users who purchase a Bid Pack. Blue Bird Bids reserves the right to review each referral for possible fraud. You may not refer family members or persons located in Your household. Any abuse of the referral system may result in the deduction of fraudulent bids awarded and/or the termination of Your account in Blue Bird Bids’ sole discretion.

Account Termination

You have the right to terminate Your account at any time without penalty. If termination occurs no refund is offered under any circumstance.

Blue Bird Bids reserves the right to temporarily or permanently terminate Your account at Blue Bird Bids sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if Blue Bird Bids, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Blue Bird Bids may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for bids.

Bid Purchases / Bidding / Automatic Bid Software

Bids are purchased in advance in the form of “Bid Packs.” Blue Bird Bids reserves the right to offer different size Bid Packs at different times. Should You not honor a payment, You will be charged a returned payment fee. Credit Card Chargeback’s are considered as fraud and will be prosecuted by law. Blue Bird Bids reserves the right to block access to a user’s account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received.

From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven days. Once a bid is placed in an auction, it is deducted from the user’s bid account and can no longer be refunded, irrespective of whether or not the bid is successful.

You can place bids in two ways: (1) manually by clicking an auction’s “Bid” button and/or (2) by using the automatic bid software BB AutoBidder. The automatic bidding software is an automated feature which lets You bid on an auction even when You are not online or logged in. The AutoBidder automatically places bids according to Your instructions. You can read more about how the automatic bidding software operates in the “How It Works” and “Help” sections. You hereby hold harmless Blue Bird Bids in the event of misuse of this tool.

A maximum of 20 seconds will be added to the timer and one bid will be deducted from Your account with each bid placed. An auction ends when the timer on the Blue Bird Bids server(s) hits zero or the maximum cap price has been reached. The winner of an auction is the last bidder the database recorded before the timer on the Blue Bird Bids server(s) hit zero or the last bidder the database recorded as placing the final bid that matched the maximum cap price.

Bids are a limited license to participate in Blue Bird Bids auctions and have no monetary value. You may not obtain any money in exchange for Bids; however, Blue Bird Bids has a limited return policy with respect to purchased Bid Packs. For 72 hours after purchasing a Bid Pack, You have the right to a full refund for the purchase price of the unused bids remaining in the Bid Pack. Voucher and Free Bids are not eligible for a refund. In the event there are unused Bids in Your account, and no activity for one year, your account will be charged an inactivity fee of five (5) Bids per month for each inactive Bid Pack plus all Bids expire after one year of inactivity. Once we delete Bids we will not reinstate them.

When You place Bids, the first Bids used will be Bids from Bid Packs, starting with the Bids that are going to expire the soonest. After Bids from Bid Packs are exhausted, Free Bids will be used, starting with the Bids that are closest to expiring. After Free Bids are exhausted, Voucher Bids are used, starting with the Bids that are closest to expiring. At Blue Bird Bids sole discretion, You may be given an opportunity to select which type of bids to use on an auction.

If You ever believe that Your account does not reflect Bids that You have acquired validly, You must notify us within three (3)days of the date You claim to have acquired the Bids.

If You did not win an auction, You may still purchase the item at our Value which is still considerably less than retail. You have only 30 minutes after an auction ends to utilize this feature. Once You click the Buy Now button, You will receive credit for the cost of the Bids You placed in that particular auction toward the Value Price of the item You are purchasing. Please note that You will not receive any credit for Voucher Bids, Free Bids, or bids that are more than one year old with regard to the Buy Now feature. You may not purchase an item through the Buy Now feature until You have purchased at least one bid pack and placed at least one bid on the auction for the item You want to purchase. You can read more about Buy Now in the “How It Works” sections.

Blue Bird Bids attempts to limit some auctions to users of comparable skill, as determined by Blue Bird Bids, to enhance user experience and maintain a viable business model. In so doing, Blue Bird Bids may limit which auctions are available to particular users based on any factors deemed appropriate by Blue Bird Bids in its sole discretion, including experience of the user, historical success of the user, demographic factors, prior bidding and spending activity, and other factors. In particular, Blue Bird Bids may limit certain auctions to less experienced or successful users in any manner Blue Bird Bids deems appropriate to optimize the overall user experience of all Blue Bird Bids users. You acknowledge that You may be, and You consent to being, excluded from auctions at Blue Bird Bids discretion.

Blue Bird Bids may in its sole discretion offer select products for direct purchase through Blue Bird Bids Nest. Products offered through Blue Bird Bids Nest are available in limited quantities and for a limited time. Blue Bird Bids reserves the right in its sole discretion to limit the number of products per user account that may be purchased through Blue Bird Bids Nest. Products offered through Blue Bird Bids Nest ,when offered, are brand-new, unless specifically stated otherwise.

Odds of Winning Auctions

Every auction is unique and the results of all auctions offered on Blue Bird Bids depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.

Acceptance of the Win / Payment

After an auction has ended, You must actively confirm and pay the total price for the won auction. Once You have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid and shipped within three (3) business days of the auction end date, Blue Bird Bids may withdraw the offer to conclude the order and permanently revoke the winner’s right to pay for and receive delivery of an item. If Blue Bird Bids does this, all bids placed in that auction will be deemed expired and will be non-refundable. After confirming the win and paying the total amount due, plus shipping, the winner will receive a confirmation e-mail. The item will not be sent to You until the total price and shipping has been paid to Blue Bird Bids. An invoice containing the auction price and shipping costs will be sent to You by Blue Bird Bids once delivery has been arranged.

Special Promotions

Any special promotions run by Blue Bird Bids shall only be valid if they are announced on Blue Bird Bids or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on Blue Bird Bids or in our newsletter. Once the advertised time limit of any promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

Returns / Cancellations

Blue Bird Bids allows winners the right to cancel or return an order in accordance with Blue Bird Bids Returns Policy, which Blue Bird Bids may change from time to time in Blue Bird Bids sole discretion. If You cancel an order to which the cancellation provisions apply, You will be entitled to a refund of the auction end price (including shipping costs if no items have been shipped) You have paid even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end thirty days after the day the winner received the goods or a notification that the goods are ready for collection.

Some exceptions may apply. If an exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include Free Bids, Coupons, and Voucher Bids. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests, or other such behavior, You are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund.

If You wish to cancel an order, You must inform Blue Bird Bids by email (at

support@bluebirdbids.com) that You want to cancel within the time period noted above. Cancellations by phone or LiveChat will not be accepted.

In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses plus a 10% restock for returns will be paid by You unless goods are found to be defective. Blue Bird Bids WILL NOT accept a return if You are unable to return the service or product received or are only able to return it in part or in a damaged or used condition.

Should Blue Bird Bids incur additional costs for insufficient postage on the return; these costs will be deducted from any previous payment remitted by You.

Should Blue Bird Bids not be able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by Blue Bird Bids in its sole discretion, or receive a refund of the auction end price (including shipping costs, if any) You have paid.

Delivery

Deliveries are made exclusively to the 50 states of the United States and Washington D.C. Some restrictions or higher shipping costs may apply to deliveries to Alaska and Hawaii. Unless otherwise stated, delivery will be made directly from our supplier or from our warehouse to the address provided by You. Delivery times vary; therefore, any time provided is only an estimate. Blue Bird Bids shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to Blue Bird Bids upon receipt.

Withholding Payment / Retention of Title

You agree that the item delivered shall remain Blue Bird Bids’ property until Blue Bird Bids receives payment in full, including shipping costs and bids used in the auction.

Disclaimer of Warranty and Liability Regarding Use of Blue Bird Bids

You agree that use of Blue Bird Bids is at Your sole risk. Neither Blue Bird Bids nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Blue Bird Bids, or the like, warrant that websites affiliated with Blue Bird Bids, including, but not limited to, Blue Bird Bids, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Blue Bird Bids may contain inaccuracies or typographical errors. Blue Bird Bids makes no warranty as to the results that may be obtained from the use of Blue Bird Bids or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Blue Bird Bids. Blue Bird Bids shall not be responsible for any opinions, views, advice, or statements posted on Blue Bird Bids (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Blue Bird Bids spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Blue Bird Bids spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF Blue Bird Bids IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY Blue Bird Bids LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Blue Bird Bids DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Blue Bird Bids MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Blue Bird Bids, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF Blue Bird Bids, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, Blue Bird Bids DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Blue Bird Bids WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM Blue Bird Bids OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT Blue Bird Bids HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH Blue Bird Bids.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON Blue Bird Bids SERVICES OR ITEMS PURCHASED THROUGH Blue Bird Bids, FROM INABILITY TO USE Blue Bird Bids’ SERVICES OR ITEMS PURCHASED THROUGH Blue Bird Bids, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Blue Bird Bids’ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. BLUE BIRD BIDS SHALL BE HELD HARMLESS IN THE EVENT OF ACTS OF GOD DURING ANY AUCTION THAT CAUSES DELAY OR BELOW PERFORMANCE OF SITE AND AUCTION. IN THE EVEN OF DISCREPRENCIES BLUE BIRD BIDS SHALL MAKE NOTICE AND ONLY ACCURATE DATA SHALL BE DEEMED ABSOLUTE.

If You are dissatisfied with any portion of Blue Bird Bids, You should discontinue Your use of Blue Bird Bids.

Disclaimer of Warranty and Liability Regarding Purchases from Blue Bird Bids

Blue Bird Bids hereby disclaims any and all liability from claims arising from trip packages offered on the Blue Bird Bids site. Blue Bird Bids will not be liable for any damages or injuries, whether physical or emotional, that occurs or are received during a trip purchased on the Blue Bird Bids site. Blue Bird Bids is not liable for flight delays, loss of baggage, or other losses that occur during a trip offered on the Blue Bird Bids site.

All new products are sold with the manufacturer’s limited warranty only. Blue Bird Bids warrants solely that the products sold to You under these terms shall have the characteristics specified in Blue Bird Bids’ specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to Blue Bird Bids. Warranty is excluded for the delivery of any used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, Blue Bird Bids MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY Blue Bird Bids OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT Blue Bird Bids SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY Blue Bird Bids. IN NO EVENT SHALL Blue Bird Bids BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

Indemnity

You agree to indemnify, defend, and hold Blue Bird Bids and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Blue Bird Bids or any of the services offered by Blue Bird Bids, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.

System Outage / Temporarily Paused Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auctions will be credited back to Your account; however, Blue Bird Bids is not responsible for any other costs incurred by You due to a system outage. Blue Bird Bids reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Blue Bird Bids, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Blue Bird Bids shall not be liable for any damage incurred by auction users or third parties from using Blue Bird Bids’ services. In particular, Blue Bird Bids shall not be liable for damage that occurs due to bids not being received by Blue Bird Bids, not being received promptly, or not being considered as a consequence of technical errors.

Trademarks

Blue Bird Bids’ logos are trademarks of Blue Bird Bids. All rights reserved. Any trademarks appearing on Blue Bird Bids are the property of their respective owners.

Service and Support for Products Purchased

All requests for technical service and support on products purchased on Blue Bird Bids should be made directly to the manufacturer in accordance with their Terms & Conditions.

Dispute Resolution

By agreeing to these Terms & Conditions, You and Blue Bird Bids each waive the right to a jury trial or to participate in a class action.

You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the Blue Bird Bids website or arising under these Terms & Conditions (each a “Dispute” and collectively, “Disputes”) shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with Blue Bird Bids regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the “Notice of Dispute”) to Blue Bird Bids in a manner specified in the “Notices” section below. If Blue Bird Bids and You do not reach an agreement regarding a Dispute within 30 days following Blue Bird Bids receipt of the Notice of Dispute, Blue Bird Bids and You agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary. For Disputes involving less than $10,000, if You are unable to pay the arbitration filing fee, Blue Bird Bids will pay the fee for You. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.

Applicable Law / Severability Clause

This Terms & Conditions Agreement and Your use of Blue Bird Bids shall be governed by the laws of the United States of America and the State of Nevada. Without in any way limiting the “Dispute Resolution” requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Nevada. You agree to accept the jurisdiction of such courts.

Blue Bird Bids will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates.

VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by Blue Bird Bids while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that Blue Bird Bids cannot be held liable if laws applicable to You restrict or prohibit Your participation.

The UN Convention on the International Sale of Goods shall not apply.

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.

Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information

The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Waiver

Any waiver of any provision by Blue Bird Bids of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by Blue Bird Bids.

Note:

Placing bids online at www.BlueBirdBids.com frequently or repeatedly can result in high costs to the user. All users should monitor their bidding practices and check their charges regularly.

Notices

Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Blue Bird Bids by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to Blue Bird Bids, Inc., 3960 Howard Hughes Parkway, Suite 500, Las Vegas, NV 89169, or by email to support@bluebirdbids.com

“BlueBirdBids (BBB) reserves the right to temporarily or permanently terminate Your account at BlueBirdBids.com & BlueBirdBids.biz by sole discretion if BBB determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if BBB, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, BBB may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for bids, or earning through any and all affiliate programs.”

Blue Bird Bids Terms And Conditions

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