redibids
TERMS AND CONDITIONS
The Redibids software application (the “Software”) has been licensed by Redibids (“Redibids”) to the operator of the location at which you are using or accessing the Software (the “Operator”), and the Software is being sublicensed and made available to you by such Operator for use at such Operator’s location in the manner set forth herein. As used in these Terms and Conditions (these “Terms and Conditions”), “you” or “your” refers to you as a user of the Software or a participant in any Auction (as defined herein).
These Terms and Conditions are legally binding agreements. Please read them carefully before using or accessing the Software. By registering an account with the Operator, or by otherwise using or accessing the Software, you acknowledge and agree that:
(i) you have read and understand all of the provisions set forth in these Terms and Conditions;
(ii) you will be bound by all of the provisions set forth in these Terms and Conditions;
(iii) you are at least eighteen (18) years of age;
(iv) you have the right, authority and capacity to enter into these Terms and Conditions and to abide by all of these Terms and Conditions;
(v) you are a resident of one of the fifty (50) states of the United States, or a resident of Washington D.C. or Puerto Rico;
(vi) you are a private individual user and understand that the Software is offered exclusively to private individual users and not to any commercial or semi-commercial entities; and
(vii) these Terms and Conditions are the legal equivalent of a signed, written contract between you, on the one hand, and the Operator and Redibids, on the other hand.
If you do not meet any of the eligibility criteria listed above or are not willing to be bound by these Terms and Conditions, do not register an account with the Operator and discontinue any use or access of the Software immediately.
1. USE OF SOFTWARE
Your right to use or access the Software is limited solely to a non-exclusive, non-transferable and freely revocable sublicense to use and access the Software for entertainment purposes only. All rights not expressly granted to you in these Terms and Conditions are expressly reserved by Redibids and there are no implied rights or licenses granted under these Terms and Conditions. All rights and licenses granted to you in these Terms and Conditions are expressly conditioned on your continued compliance with these Terms and Conditions.
Employees and contractors of the Operator and Redibids, and their respective family members (defined as parents, spouses (including domestic partners), siblings and children) and any other persons residing in the same household as an employee or contractor of the Operator and Redibids, may not under any circumstances use the Software or participate in any Auctions.
You may not use the Software or participate in any Auction in collusion with any other user or person. The Operator reserves the right, at any time and in its sole discretion, to permanently close the Account (as defined herein) of any user suspected of collusion or any other activity prohibited under these Terms and Conditions, and Redibids reserves the right to cause the Operator to take any such action.
2. ACCOUNT REGISTRATION
You will be required to register with the Operator before you participate in any Auction. In connection with the registration process, an account will be created in your name (“Account”) and a user name and password will be provided to you (or may be selected by you) for use in accessing the Software. You may have only one (1) Account with the Operator. A valid physical address (P.O. boxes or similar addresses are not permitted) will be required in order to create an account. You are expressly prohibited from creating any additional or duplicate accounts. Redibids reserves the right to void auction wins and/or refuse shipment of any products, prizes or other auction items which Redibids, in its sole discretion, determines were won through the use of an additional or duplicate account in violation of these Terms and Conditions. You must not provide misleading information when registering. You also acknowledge and agree that the Operator may provide or disclose to Redibids any of the information or data that it may collect or otherwise obtain from you.
You will use your assigned user name and password to access the Software. By logging into the Software or using your assigned user name and password in order to access the Software, you represent and warrant that you are authorized to use such user name and password and to use and access the Software. You are solely responsible for the use of your user name and password and for maintaining the confidentiality of your user name and password, as well as for any activities conducted using your user name and password. Your chosen user name must not be offensive, rude, disparaging or intended to deceive other users of the Software. Your user name may not advertise for other products or services or otherwise violate the Intellectual Property Rights (as defined herein) of any third party. If the Operator receives information or become aware that your user name is illegal or in breach of these Terms and Conditions, the Operator may disable, suspend or terminate your Account (and Redibids reserves the right to cause the Operator to take any such action).
YOU AGREE THAT ACCESS TO THE SOFTWARE IS EXPRESSLY LIMITED TO THE NAMED USER ON THE ACCOUNT ONLY. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER NAME OR PASSWORD TO BE USED BY ANY OTHER PERSON. YOU FURTHER AGREE THAT, IN THE EVENT OF ANY VIOLATION OF THE PROVISIONS OF THIS SECTION 2, THE OPERATOR HAS THE RIGHT (IN ADDITION TO ALL OTHER RIGHTS OR REMEDIES THAT IT MAY HAVE AT LAW OR UNDER THESE TERMS AND CONDITIONS) TO COLLECT, AND YOU WILL PAY IMMEDIATELY UPON DEMAND, AN AMOUNT EQUAL TO ONE THOUSAND AND NO/100 DOLLARS ($1,000) PER VIOLATION AS A REASONABLE ESTIMATE OF THE DAMAGES INCURRED BY THE OPERATOR (THE AMOUNT OF WHICH COULD NOT OTHERWISE BE REASONABLY ASCERTAINED).
3. ACCOUNT TERMINATION
The Operator reserves the right, in its sole discretion, to temporarily or permanently terminate your Account if it determines or suspects that you have violated any of these Terms and Conditions, any laws or the rights of any other users or third parties, and Redibids reserves the right, in its sole discretion, to cause the Operator to take any such action. Examples of unauthorized usage include, without limitation, the use of unauthorized third party bidding or bid tracking software, the creation of multiple accounts or other fraudulent or collusive activity or behavior. You agree that if either the Operator or Redibids, in its sole discretion, determines that you have breached or violated any of these Terms and Conditions, that the Operator may terminate (or Redibids may cause the Operator to terminate) your Account immediately and without notice, and you shall have no right to use the Software at any time in the future, unless otherwise authorized in writing by the Operator and Redibids.
4. AUCTIONS, MINI-AUCTIONS AND BIDDING
Bids are available for purchase by users in advance of their joining any auction taking place on or through the Software (each, an “Auction”). Bids are purchased directly from the Operator (and not from Redibids). Once purchased, bids are non-refundable. From time to time, free bids may be offered by the Operator to you or other users of the Software. Free bids are valid until the expiration date stated in the applicable promotion. Once you place a bid (whether purchased, free or otherwise) in an Auction, the bid is deducted from your Account, regardless of whether you win the Auction. Each time you place a bid, one (1) bid will be deducted from your Account. The winner of an Auction is the last bidder recorded before the Auction ends. All Auctions end fifteen (15) seconds after the reserve price is met.
Each time you place a bid, you will have sixty (60) seconds (your “Window”) within which to see any mini-auction prize icons that may be embedded within the grid. You can then attempt to skillfully time your bids to land on the prize icons and win those mini-auctions. Being able to see the prize icons is not required to actually win the mini-auctions. If the reserve price is met and the 15-second countdown timer is initiated during your Window, you will see the countdown timer. However, you will not see the 15-second countdown timer if the reserve price is not met during your 60 second Window, thus ending the auction.
The indicator directly above the BID button flashes grey/red until you place a bid. Once you place a bid, the indicator turns green indicating the start of your 60 second Window. As your Window approaches its expiration, the indicator turns from green to yellow and from yellow back to the flashing grey/red indicating the end of your 60 second Window.
If you did not win an Auction, you may still purchase the item being auctioned using the “Buy Now” feature included within such Auction. Any purchases made on or through the Software or any Auction are being made from the Operator (and not from Redibids), and the Operator (and not Redibids) shall be solely and exclusively responsible for the fulfillment of such purchases. If you purchase an item you have bid on using the Buy Now feature, you will receive a discount off the purchase price of the item (up to approximately 80% of the retail cost, depending on the number of bids used in the auction). In addition, you will get bids returned to you for use in another auction (up to 20% of the number of bids you placed in that auction). You have one (1) hour after an Auction ends to utilize this feature. “Buy Now” may only be utilized by an account holder once per day. Some items may not be available for “Buy Now” and limited quantities may be available. Please note that you will not receive any “Buy Now” credit for bids used in an Auction that you won. You may not purchase an item through the “Buy Now” feature until you have purchased at least one (1) bid and placed at least one (1) bid in the Auction for the item you seek to purchase. The Operator reserves the right to limit the number or type of products available for “Buy Now” credit.
Should you not honor a payment for any bids, you may be charged a returned payment fee by the Operator in the maximum amount permitted by law. The Operator reserves the right to restrict access to or disable or terminate your Account until all outstanding amounts have been paid in full, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received. You may not obtain any money in exchange for bids. If you ever believe that your Account does not reflect any bids that you have acquired, you must notify the Operator within three (3) months of the date you claim to have acquired the bids.
Redibids reserves the right to, from time to time and in its sole discretion, change the format of any Auction or any other aspect of the Software, in each case without notice to you or any other user of the Software.
Because every Auction is unique and the results of all Auctions depend on the number of users participating in such Auctions and the skill of the users participating, the precise odds of winning any Auction are unavailable.
5. PAYMENT
After an Auction has ended, you must pay the total price to purchase the product from the Operator as set forth on the Auction page. You must pay for any Auction purchase within seven (7) days of the Auction end date. If you fail to do so, your offer may be withdrawn and your right to pay for and receive delivery of the applicable Auction item may be permanently revoked. In such cases, all bids placed in such Auction will be deemed used and will be non-refundable. After paying the total amount due to the Operator, you will receive an email confirmation that the product has been purchased. When the product is shipped to the address you designated, you will receive an email informing you of the same.
6. ITEM DELIVERY AND RETURN
Deliveries are made exclusively to the fifty (50) states of the United States, and to Washington D.C. and Puerto Rico. Restrictions or higher shipping costs may apply to deliveries to Alaska, Hawaii and Puerto Rico. Unless otherwise stated, delivery will be made directly from the supplier or fulfillment company of the Operator to the address that you have provided. Redibids reserves the right to void auction wins and/or refuse shipment of any products, prizes or other auction items which Redibids, in its sole discretion, determines were won through the use of an additional or duplicate account in violation of these Terms and Conditions. Delivery times vary and any estimated time of delivery that may be provided is an estimate and should be used only as a general guide. The Operator shall be entitled to involve third parties to satisfy its obligations without being required to notify you or any other user of the Software. Damage to any item from transport must be reported to the Operator immediately upon receipt.
You agree that any item or order shall remain the property of the Operator until such time as the Operator has received payment for such item or order in full, including any payments owed for bids used in the underlying Auction.
The Operator may allow winners the right to return an item in certain limited circumstances in accordance with the Shipping and Return Policies, which may be updated and modified from time to time without notice.
7. SYSTEM OUTAGES; PAUSED AUCTIONS
A system outage has occurred if no bids can be submitted in an Auction due to an unforeseeable disruption in any Operator or Redibids system or network. In the case of a system outage, the affected Auction(s) will be temporarily paused and all bidding progress will be recorded. After the disruption has been resolved, the Auction(s) will be continued. Neither the Operator nor Redibids is responsible for any costs that may be incurred by you or any other user due to any system or network outage or issue. The Operator reserves the right to cancel any Auction(s) that end due to a system or network error, bot bidders, employee or other non-eligible bidders, technical problems or any other similar reason.
Neither the Operator nor Redibids provides any guarantee of the constant and uninterrupted availability of the Software or any technical systems relating thereto. Neither the Operator nor Redibids shall be liable for any damage incurred by you or any other Auction participants or any third parties arising from any use of the Software or participation in any Auction. In particular, neither the Operator nor Redibids shall be liable for any damage that occurs or arises due to system outages on any network or computer you may use to access the Software, bids not being received by the Operator or the Software, not being received, processed or applied promptly, or not being considered as a consequence of technical or other errors.
8. PROPRIETARY RIGHTS
Except as explicitly provided in these Terms and Conditions, all right, title and interest in and to the Software (including any software or code used in connection with the operation thereof) and all Intellectual Property Rights in and to the Software, are the property of Redibids or its affiliates or licensors. Except as permitted by these Terms and Conditions, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, disclose, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble or otherwise use any aspect of the Software, in whole or in part, in any form or by any means.
As used in these Terms and Conditions, “Intellectual Property Rights” refer to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights and all other intellectual property and proprietary rights that may exist or that may hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any such rights, in each case under the laws and regulations of any state, country, territory or other jurisdiction.
9. MONITORING
The Operator and Redibids are each committed to complying with all laws, including laws relating to copyright and other intellectual property matters, and you and all other users of the Software are expected to comply with all laws. Using the Software to transmit any content or to engage in any activity or transaction that violates any law is expressly prohibited by these Terms and Conditions. Any notices regarding any alleged illegal activities involving the Software should be directed to both the Operator directly, and to Redibids at support@Redibids.com.
10. DISCLAIMER
IF YOU RELY ON THE SOFTWARE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER PROBLEMS WITH THE SOFTWARE. THE SOFTWARE IS PROVIDED TO YOU ON AN “AS-IS, WHERE-IS” BASIS AND NEITHER THE OPERATOR NOR REDIBIDS OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE
ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, SUITABILITY, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION, MATERIALS OR OTHER CONTENT PROVIDED OR OTHERWISE MADE AVAILABLE AS PART OF THE SOFTWARE (OR OF THE SOFTWARE GENERALLY), OR THAT THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE OPERATOR AND REDIBIDS HEREBY DISCLAIM ANY AND ALL LIABILITY FROM CLAIMS ARISING FROM PURCHASES MADE FROM THE OPERATOR THROUGH THE SOFTWARE OR ANY AUCTION. NEITHER THE OPERATOR NOR REDIBIDS SHALL BE LIABLE IN ANY EVENT FOR ANY DAMAGE OR INJURIES OF ANY TYPE OR NATURE THAT OCCUR OR THAT ARE RECEIVED FROM ANY PRODUCT PURCHASED OR WON ON OR THROUGH THE SOFTWARE OR ANY AUCTION. NEITHER THE OPERATOR NOR REDIBIDS MAKES ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS PURCHASED OR WON THROUGH THE SOFTWARE OR ANY AUCTION, OR WITH RESPECT TO ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT NEITHER THE OPERATOR NOR REDIBIDS SHALL BE LIABLE FOR PERSONAL INJURY or any PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION OR MISUSE OF ANY PRODUCTS OBTAINED BY YOU OR ANY OTHER PERSON THROUGH THE SOFTWARE OR ANY AUCTION. IN NO EVENT SHALL THE OPERATOR OR REDIBIDS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES
RELATING TO ANY CLAIM THAT YOU OR ANY USER MAY MAKE FOR ANY BREACH OF WARRANTY OR SIMILAR CLAIM WITH RESPECT TO ANY PRODUCT THAT MAY BE ACQUIRED THROUGH THE SOFTWARE OR ANY AUCTION.
11. INDEMNIFICATION; LIMITATIONS OF LIABILITY
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE OPERATOR AND REDIBIDS AND THEIR RESPECTIVE AFFILIATES AND SERVICE PROVIDERS, AND THE DIRECTORS, OFFICERS, PRINCIPALS (PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), EMPLOYEES, OWNERS, REPRESENTATIVES, AGENTS AND LICENSEES OF EACH OF THE FOREGOING, AGAINST ANY AND ALL CLAIMS, JUDGMENTS, LOSSES, DAMAGES, DEMANDS, PAYMENTS, FINES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEE AND COURT OR ARBITRATION COSTS), LIABILITIES AND RECOVERIES OF WHATEVER NATURE, THAT ARISE OUT OF (A) YOUR USE OF OR ACCESS TO THE SOFTWARE OR PARTICIPATION IN ANY AUCTION; (B) ANY NEGLIGENCE OR WILLFUL MISCONDUCT ON YOU PART; OR (C) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OTHER AGREEMENT OR OBLIGATION SET FORTH IN THESE TERMS AND CONDITIONS.
UNDER NO CIRCUMSTANCES WILL THE OPERATOR OR REDIBIDS OR ANY OF THEIR RESPECTIVE AFFILIATES, OR ANY AGENTS, LICENSORS OR LICENSEES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE UPON THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF THE APPLICABLE PARTIES ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT THE AGGREGATE LIABILITY OF THE OPERATOR AND REDIBIDS AND EACH OF THEIR RESPECTIVE AFFILIATES, AND THE AGENTS, LICENSORS AND LICENSEES OF EACH OF THE FOREGOING, IF ANY, ARISING OUT OF LEGAL CLAIMS OF ANY KIND RELATING TO THESE TERMS AND CONDITIONS, THE SOFTWARE OR ANY AUCTION OR PROMOTIONAL GAME THAT MAY BE OFFERED OR MADE AVAILABLE BY THE OPERATOR, WILL NOT EXCEED FIVE HUNDRED AND NO/100 DOLLARS ($500).
12. CHANGES TO TERMS AND CONDITIONS
Redibids (or the Operator, with the prior written approval of Redibids) may change or modify these Terms and Conditions from time to time. By continuing to use or access the Software following the posting of such changes or modifications, you agree to be bound by these Terms and Conditions, as they may be changed or modified from time to time. The Operator and Redibids reserve the right to change, restrict access to, suspend or discontinue your use of the Software or any portion thereof at any time, without any liability or obligation to you.
13. ARBITRATION AND CLASS WAIVER
YOU AGREE TO ARBITRATE ANY DISPUTE OR CLAIM THAT YOU MAY HAVE WITH THE OPERATOR OR REDIBIDS THAT ARISES OUT OF OR RELATES IN ANY WAY TO THESE TERMS AND CONDITIONS, THE SOFTWARE OR ANY AUCTION OR PROMOTIONAL GAME THAT MAY BE OFFERED OR MADE AVAILABLE BY THE OPERATOR. ARBITRATION CONDUCTED HEREUNDER SHALL BE FINAL AND BINDING. THIS ARBITRATION PROVISION MEANS THAT YOUR CLAIMS AGAINST THE OPERATOR OR REDIBIDS WILL BE RESOLVED THROUGH ARBITRATION RATHER THAN LITIGATION IN COURT. YOU ACKNOWLEDGE THAT THE OPERATOR AND REDIBIDS MAY (BUT SHALL NOT BE REQUIRED TO) SUBMIT TO ARBITRATION ANY DISPUTE OR CLAIM THAT EITHER OR BOTH OF THEM MAY HAVE AGAINST YOU, WITH ANY SUCH ARBITRATION BEING GOVERNED BY THE PROVISIONS OF THIS SECTION 14.
YOU MAY OPT-OUT OF THIS ARBITRATION CLAUSE AND DOING SO WILL NOT IN ANY WAY PREJUDICE OR AFFECT YOUR DEALINGS WITH THE OPERATOR OR REDIBIDS, OR YOUR ABILITY TO USE THE SOFTWARE OR PARTICIPATE IN ANY AUCTION OR PROMOTIONAL GAME OFFERED OR MADE AVAILABLE BY THE OPERATOR. TO EXERCISE THIS OPT-OUT RIGHT, YOU MUST PROVIDE WRITTEN NOTICE OF YOUR ELECTION TO OPT-OUT TO (A) THE OPERATOR, AT THE ADDRESS OF THE LOCATION AT WHICH YOU FIRST ACCESS or use THE SOFTWARE, AND (B) REDIBIDS, AT P.O. Box 456, Lavonia, Georgia 30553 (Attention: Legal Department), IN EACH CASE BY NO LATER THAN TEN (10) DAYS AFTER THE DATE ON WHICH YOU FIRST USE OR ACCESS THE SOFTWARE. THE PROCEDURE SET FORTH IN THIS PARAGRAPH IS THE ONLY WAY TO OPT-OUT OF THIS ARBITRATION CLAUSE, AND ANY ATTEMPTS TO OPT-OUT AFTER THE DEADLINE SET FORTH HEREIN WILL BE INEFFECTIVE.
ANY ARBITRATION PROCEEDING UNDER THIS SECTION 14 WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS OR REPRESENTATIVE PROCEEDINGS OF ANY KIND ARE NOT PERMITTED AND YOU EXPRESSLY WAIVE YOUR ABILITY TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING AGAINST THE OPERATOR OR REDIBIDS. TO THE EXTENT THAT YOU OPT-OUT OF THE ARBITRATION CLAUSE BY FOLLOWING THE PROCEDURE SET FORTH IN THE IMMEDIATELY PRECEDING PARAGRAPH OF THIS SECTION 14, OR IF THE ARBITRATION CLAUSE IS FOUND INAPPLICABLE TO YOUR DISPUTE WITH THE OPERATOR OR REDIBIDS, AS THE CASE MAY BE, THIS CLASS WAIVER WILL CONTINUE TO APPLY IN LITIGATION. YOU AGREE THAT THIS CLASS WAIVER IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND THE OPERATOR AND REDIBIDS, ON THE OTHER HAND, AND THAT THIS CLASS WAIVER MAY NOT BE SEVERED. IN THE EVENT THAT THIS CLASS WAIVER IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRE AGREEMENT TO ARBITRATE IN THIS SECTION 14 WILL BE NULL AND VOID.
ANY DISPUTE OR CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS SECTION 14 SHALL BE SUBMITTED TO BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE (“JAMS”) PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AS IN EFFECT AT THE TIME OF THE SUBMISSION OF SUCH DISPUTE OR CLAIM (THE “JAMS STREAMLINED RULES”). THE DISPUTES AND CLAIMS SUBJECT TO ARBITRATION PURSUANT TO THIS SECTION 14 WILL BE RESOLVED BY A SINGLE ARBITRATOR SELECTED PURSUANT TO THE JAMS STREAMLINED RULES. THE ARBITRATOR SHALL BE BOUND BY AND SHALL STRICTLY ENFORCE THESE TERMS AND CONDITIONS AND ANY OTHER APPLICABLE AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND THE OPERATOR AND REDIBIDS, ON THE OTHER HAND, AND MAY NOT LIMIT, EXPAND OR OTHERWISE MODIFY ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OR ANY OTHER APPLICABLE AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND THE OPERATOR OR REDIBIDS, ON THE OTHER HAND. THE ARBITRATOR MAY AWARD ANY RELIEF THAT A COURT OF LAW COULD, APPLYING THE LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF IF PERMITTED BY LAW – BUT THE INJUNCTIVE RELIEF AWARDED BY THE ARBITRATOR MAY NOT EXTEND BEYOND THE DEALINGS BETWEEN YOU, ON THE ONE HAND, AND THE OPERATOR AND REDIBIDS, ON THE OTHER HAND. THE LAWS OF THE STATE OF GEORGIA WILL APPLY TO ANY CLAIMS OR DISPUTES BETWEEN OR AMONG THE PARTIES. ANY ARBITRATION WILL BE HELD IN ATLANTA, GEORGIA, UNLESS OTHERWISE AGREED UPON BY THE PARTIES IN WRITING. EACH PARTY WILL BEAR ITS OWN EXPENSES IN THE ARBITRATION AND WILL SHARE EQUALLY THE COSTS OF THE ARBITRATION; PROVIDED, HOWEVER, THAT THE ARBITRATOR SHALL AWARD THE OPERATOR OR REDIBIDS ANY COSTS AND FEES TO WHICH IT MAY BE ENTITLED UNDER SECTION 12 IN CONNECTION WITH ANY INDEMNIFICATION CLAIM.
YOU AGREE THAT YOUR TRANSACTIONS WITH THE OPERATOR AND REDIBIDS EVIDENCE TRANSACTIONS IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION 14 (NOTWITHSTANDING THE APPLICATION OF GEORGIA LAW TO ANY UNDERLYING CLAIMS AS PROVIDED FOR ABOVE).
13. PUBLICITY
Except where prohibited by law, Account creation constitutes your irrevocable consent to any use by the Operator or Redibids or any of their respective affiliates of your name, likeness, voice, opinions, hometown and state, in each case for promotional purposes in any media, worldwide, without payment or consideration.
14. MISCELLANEOUS
These Terms and Conditions will be governed and construed in accordance with the internal laws of the State of Georgia (except to the limited extent set forth in Section 13), without regard for its conflict of law principles. Any action to enforce any arbitration proceeding, and any other claim or dispute that you may have with or against the Operator or Redibids, to the extent arising under or relating to these Terms and Conditions, the Software or any Auction or Promotional Game that may be offered or made available by the Operator and not otherwise subject to mandatory arbitration pursuant to Section 13, shall be filed exclusively in a state or federal court located in Fulton County, Georgia, and you consent to such forum and waive any objection that you may have to the laying of venue in such forum.
Any failure on the part of the Operator or Redibids to enforce any right or provision set forth in these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision set forth in these Terms and Conditions is held to be invalid or unenforceable, then that provision will be limited in order to eliminate the associated defect, and the remaining provisions of these Terms and Conditions will remain in full force and effect.
These Terms and Conditions (together with the Promotional Game Official Rules, in the case of any Promotional Game, as defined therein) represent the entire agreement between you, on the one hand, and the Operator and Redibids, on the other hand, regarding the subject matter hereof. You shall at all times comply with the Promotional Game Official Rules, and any breach or violation thereof shall automatically be deemed a breach or violation of these Terms and Conditions. The Operator or Redibids may provide additional information or impose additional policies or rules with respect to the Software, which may be made available to you as part of the Software or through any other written or electronic means (e.g., shipping and return policies, information included on the “How it Works” page, etc.), and all such information, policies and rules shall be binding on you with the same legal force and effect as if set forth in these Terms and Conditions, provided that, in the event of any conflict between such information, policies or rules, and any provision of these Terms and Conditions, the provision set forth in these Terms and Conditions shall control. Other than the affiliates of Redibids, no other person or entity will be deemed a third party beneficiary to any provision of these Terms and Conditions.