TERMS OF USE AGREEMENT

BidSauce.com (the "Website") is owned and operated by BidSauce, LLP ("BidSauce"). By using any services offered on the Website (the "Services"), purchasing products on the Website (the "Products") or accessing the Website, you agree to be bound by these Terms of Use, whether or not you open an account (an "Account") to subscribe to particular Services or purchase Products.

To the extent applicable, these Terms of Use apply to all users of the Website ("Users"). BidSauce reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, BidSauce grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Additional terms and conditions may apply to the use of Services or purchase Products and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific Service.

Accounts

1. In order to access the auctions (the "Auctions") and certain other features of the Website, you must create an Account that is accepted by BidSauce and maintained by you in accordance with these Terms of Use and applicable law. You may never use another's Account.
2. When creating your Account, you agree to only provide accurate and complete information.
3. Only one Account per person and two accounts per household is allowed, unless otherwise expressly approved by BidSauce. Only individuals may open an Account, not entities, companies, trusts, co-ops, etc.
4. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify BidSauce immediately of any breach of security or unauthorized use of your Account. Although BidSauce will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of BidSauce or others relating to any such unauthorized use.
5. Either you or BidSauce may at any time terminate your Account, for any reason or no reason, with or without notice. If BidSauce terminates your Account for any reason other than your violation of these Terms of Use, the Website rules and regulations, and/or your violation of law, then BidSauce shall return to you the balance of any purchased and paid Blocks and Bids (each as defined below).
6. To request an Account and/or participate in any Auction (including the placing of a bid or purchasing a Product), you must be legally capable of entering into binding contracts and be at least 18 years old.
7. BidSauce employees and immediate family members are not eligible to participate in Auctions.
8. BidSauce Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial resellers.
9. Each User shall be liable for all activities that are undertaken using his or her Account.
10. BidSauce hereby grants to you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for the purposes expressly agreed upon by BidSauce; (ii) you will not copy or distribute any part of the Website in any medium; (iii) you will not alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
11. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a convention on-line web browser.
12. You agree to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use.
13. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by BidSauce.
14. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other Users.
15. You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any BidSauce page.
16. You agree not to disclose your password to any third party or permit any third party to access your Account.
17. You may not sell, license, or otherwise transfer your Account, except by operation of law.

Purchase of Bids

1. Each bid placed by a User with an authorized and active Account in connection with an Auction ("Bids"), must be purchased and paid for by users prior to initiating such Bid. Bids are purchased only in bid boxes comprised of a minimum quantity ("Boxes") at the currently applicable price(s).
2. Payment for Bid Boxes shall be made by credit/debit card or such other payment solutions identified on the Website.
3. Neither Bids nor Bid Boxes are transferable. If there are any questions regarding bids or bidbox purchases please contact customer service.
4. Free and promotional Bids are valid until the earlier of (i) one year after credited to an Account, (ii) the termination of your Account, either by us or by you, and/or (iii) the period allocable to such free or promotional Bid.
5. Purchased Bid Boxes and Bids are valid for the duration of your Account.
6. When a Bid is placed in an Auction, the Bid is deducted from the User's Account and can no longer be used.
7. Users are prohibited from using bidding software not authorized by BidSauce, including "robots."

Auctions and Purchases

1. Upon a User placing a Bid in an active Auction, the price of the Product for that Auction increases by the amount specified. Each Bid constitutes an irrevocable offer by such User to purchase the Product under the terms and conditions for such Auction. Upon completion of the Auction, BidSauce will accept the winning Bid, whereupon, an agreement for purchase of such Product shall be made and be binding upon such User and BidSauce, under the terms and conditions of such Auction.
2. Unless otherwise set forth in such Auction, each new Bid resets the 'remaining time' for the Auction by the amount set for such Auction, which is in addition to an increase in the purchase price by the amount reflected in such Auction. The Auction ends when the remaining time reaches zero. The User with the last (and highest) Bid wins the Auction, at the applicable purchase price. All other Bids placed on the item expire and will not be credited back to any Account or be eligible for use. The winning (last) Bidder is determined based upon our records and will be made in our sole discretion.
3. The successful bidder of each Auction must go to the "Winners" section to acknowledge all of the applicable Auction and purchase information, including purchase price, shipping costs, payment options, and shipping instructions. The User must select a payment option and pay the purchase price, plus shipping costs, plus applicable taxes. If an Auction win has not been acknowledged and paid with seven (7) days of the Auction end-date, BidSauce reserves the right to reject the offer to purchase the Product.
4. Upon payment of the applicable purchase price, the shipping costs, and taxes, BidSauce, shall initiate the shipment of the Product to the address information supplied by the winning Bidder. Shipment will be made from our suppliers or from our warehouse. The Website has more details on shipping limitations and restrictions.
5. Except for audio or video recordings and computer software, any Product purchased from BidSauce may be returned within seven (7) days of shipping, in original condition with all original packaging and material. The "Returns" section of the Website will have proper details.
6. A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such instance, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user's account and are not eligible for a refund for bids used or other costs incurred.
7. BidSauce provides no assurance or promise for the constant and uninterrupted availability of the Website and technical systems. Without limitation to any other disclaimer set forth herein, BidSauce shall not be liable for any damage that occurs due to Bids submitted by Users not being received by BidSauce or not being received promptly or not being considered, as a consequence of technical faults.
8. Each User is limited to 4 auction wins in a 24 hour period. Periods run on a 12:00a.m. to 12:00 a.m. cycle. Also, each user account is limited to 30 auction wins per 30 day sliding cycle.

Intellectual Property

1. Copyright. If you believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
   1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
   4. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   7. BidSauce's designated "Copyright Agent" to receive notifications of claimed infringement is: BidSauce, LLP, P.O. Box 214, Riverton, UT 84065, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the BidSauce customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.
2. Patent. BidSauce or any of its licensors or affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and BidSauce and/or its licensors and/or affiliates reserves all such rights.
3. Trademarks - General. BidSauce™, as well as other names and marks so notified in the Web Site are trademarks of BidSauce, Inc. ("BidSauce Marks"). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by BidSauce and/or respective holders.
4. Trademarks - Use of. You may use BidSauce Marks or product names to refer to BidSauce products and services, provided you follow the following guidelines whenever BidSauce Marks appear:
   1. Your use of BidSauce Marks must not mislead consumers or imply as to any BidSauce sponsorship, affiliation, or endorsement of your company, or your products or services.
   2. You should not use BidSauce Marks, or any other trademarks, service marks, logos, or trade names of BidSauce, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party's products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.
   3. At least upon the first occurrence of each of the BidSauce Marks, the ™ symbol shall appear.
   4. In any material in which the BidSauce Marks appear, a notice in the following format will be added: "BidSauce and the BidSauce logo, are trademarks of BidSauce, LLP".
   5. All BidSauce Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by BidSauce, without any variations of same.
   6. The BidSauce Marks shall be used as an adjective followed by the generic term for the product/service.
   7. These guidelines are not a definitive statement of proper brand and trademark use. BidSauce reserves the right to oppose any uses of BidSauce Marks that BidSauce, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. BidSauce further reserves the right to revise these guidelines at any time, without notice.

Miscellaneous

1. User Disputes. You are solely responsible for your interactions with other Users. BidSauce reserves the right, but has no obligation, to monitor disputes between you and other Users.
2. Eligibility. Using the Services and/or purchasing Products is void where prohibited. You represent and warrant that you are at least 18 years of age.
3. Registration. You may be required to open an Account in order to access some or all of the Services. To do so, you will be required to create a username and password, to agree to these terms and conditions and to provide your email address. You may be required to provide additional information and complete additional registration steps.
4. Non Commercial Use by Users. The Services are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BidSauce. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means or unauthorized framing of or linking to the Services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Account privileges, which is without limitation to any other legal action that may be taken by BidSauce.
5. Disclaimers. BidSauce is not responsible for any incorrect or inaccurate content posted on the Website or in connection with any of the Services provided, whether caused by Users or by any of the equipment or programming associated with or utilized in any of the Services. BidSauce is not responsible for the conduct, whether online or offline, of any User. BidSauce assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Services or Products. BidSauce is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Services or combination thereof, including any injury or damage to users and/or Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or Products. Under no circumstances shall BidSauce be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services or from any content posted on the Website or transmitted to Users, or any interactions between Users, whether online or offline. THE WEBSITE AND THE SERVICES ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AND BidSauce EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. BidSauce DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE BEATS, AND/OR THE SERVICES.
6. Limitation on Liability. IN NO EVENT SHALL BidSauce OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND ANY OF THE SERVICES, EVEN IF BidSauce HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BidSauce'S LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO BidSauce FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT.
7. U.S. Export Controls. Software from the Website (the "Software") may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the state of Connecticut without regard to conflict of laws provisions, the actual state or county of execution or loss or any different state laws that may govern these Terms of Use. THE CONNECTICUT COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN ATLANTA, CONNECTICUT AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between BidSauce and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
9. Indemnity. You agree to indemnify and hold BidSauce, its subsidiaries, members, managers, affiliates, officers, agents, lawyers, accountants, licensors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or any of the Services in violation of these Terms of use; arising from your breach of these Terms of Use; arising from your violation of applicable law or court order; and/or arising from your negligence.
10. Void Where Prohibited. BidSauce administers and operates the Website from its location; other BidSauce sites may be administered and operated from various locations outside the United States. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BidSauce reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on BidSauce is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
11. Other. Except for any additional written agreement(s) between you and BidSauce, these Terms of Use constitute the entire agreement between you and BidSauce regarding the use of the Website and/or any of the Services. The failure of BidSauce to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. All rights not expressly granted to you in these Terms of Use are reserved to BidSauce and/or its licensors. This Agreement is not assignable or transferable or sublicensable by you except with BidSauce's prior written consent. BidSauce may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms of Use.