Agreement
This Agreement shall be governed in all respects by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Service Upon registration with Bidnapper, Bidnapper shall provide to the User access to Bidnapper's Service (the "Service")as described on this website. The User is responsible for maintaining the User's account and maintaining the confidentiality of User's password. A Bidnapper account is defined as one User, with one User name and password. Bidnapper will suspend access or change access to User's account upon notification by User that his or her password has been lost, stolen or otherwise compromised. The User shall remain liable for all charges incurred on User's account and Bidnapper shall not be liable for any usage or charges prior to Bidnapper making the necessary account alteration. The Service provided hereunder is limited to the User and may not be resold in any manner whatsoever.
Term: This Agreement shall be effective from the date of accepting this agreement and continuing until it is terminated. This Agreement may be revoked or terminated by Bidnapper at any time at its sole business judgment. Bidnapper may terminate this Agreement immediately or suspend the User's access to Services upon any breach of this Agreement by the User, including but not limited to, refusal or failure to pay for Services, or by sole judgment of Bidnapper that the User may be performing activities harmful to Bidnapper or its other Users, employees, vendors, business relationships or any other Users of the Internet. Bidnapper may terminate this Agreement without cause immediately upon breach of this agreement. The User may terminate this Agreement by allowing the agreement to expire. The Agreement terminates with each subscription period or count. Resubscribing to the Service binds the User to the Agreement in effect on the date of renewal.
Payment: Payment is made through our agent, Paypal, and subject their terms and conditions. User may chose from the offers presented. Payment must be made and charges cleared before Service may begin.
Legal Compliance: The User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of Bidnapper Services and your bidding on, listing, purchase, solicitation of offers to purchase.
General Disclaimer: Bidnapper does not guarantee continuous, uninterrupted or secure access to our Services. Bidnapper does not warrant for Service interruptions beyond its control such as, but not limited to; User error, User's inability to contact Bidnapper, network interruptions or slow downs, server disconnections or down time for any reason, changes to the auction website that impact Bidnapper software, hacker interference, etc. Data displayed on this website about past performance is not a guarantee of similar results in the future. Bidnapper utilizes high-level, industry-standard security measures, but we can not guarantee absolute protection of User information. Bidnapper does not guarantee that bids will be submitted to eBay® or any other auction service. Further, we do not guarantee that the User will be able to make changes, additions or deletions to bids.
Release: The User releases Bidnapper, its officers, agents, sponsors and employees from claims, demands and damages (both actual and consequential), of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactional disputes between auction buyers and auction sellers.
Limitation of liability: In no event shall Bidnapper or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, Services or this agreement (however arising, including negligence). Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the User's cost of Services at the time of entering into the agreement.
Disclaimer of warranty: Bidnapper expressly disclaims any warranty for it's Services. Services are provided on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the performance of, or arising out of the use of Bidnapper's Service is borne by the User. Bidnapper makes no warranty regarding any goods, information or Services purchased or obtained through the use of the Bidnapper Services. This disclaimer or warranty constitutes an essential part of the agreement concerning Bidnapper. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to the User and the User may have other legal rights that vary by jurisdiction.
Indemnification: User hereby agrees to defend, indemnify and hold harmless Bidnapper, its officers, directors, employees and agents, for any loss or damages awarded by a court of competent jurisdiction resulting from any claim, action, or demand, including reasonable attorneys' fees, arising out of or related to Bidnapper Users' use of any service, or the violation of the agreement by the User.
Notice: Any notice required under the agreement shall be given as follows: notice from User to Bidnapper shall be in writing and shall be made either via email or certified mail; notice from Bidnapper to Bidnapper User shall be in writing and shall be made either via email, certified mail or may be posted as part of the Bidnapper website.