TERMS & CONDITIONS
1.1 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
PLEASE NOTE, THAT THE BREECH OF THESE TERMS BY A REGISTERED MEMBER, MAY RESULT IN THE SUSPENSION OF THEIR ACCOUNT, UNTIL THE ISSUE IS RESOLVED. BIDCORRAL STRIVES TO KEEP OUR SITE USER FRIENDLY AND THE BEST PLACE FOR PEOPLE TO DO THEIR ONLINE TRADING. Use of the Bidcorral Web site constitutes acceptance of the Terms & Conditions.
You accept and agree to be bound by the Terms & Conditions, operating
rules and/or policies, published by our website as described below (all
such Terms & Conditions, operating rules and/or policies as they may
be amended from time to time shall hereinafter be referred to as these
"Terms & Conditions"). Members may be referred to as "Member," "User,"
"Buyer" when a Member is being described as acting as a buyer in a auction
transaction, "Bidder" when a Member is being described as bidding on an
asset in order to act as a potential buyer in a auction transaction, and
"Seller" when a Member is acting as a seller in a auction transaction.
These Terms & Conditions comprise the entire agreement between Member
and our company and supersede all prior agreements between the parties,
regarding the subject matter contained herein.
1.2 DESCRIPTION OF AUCTION SERVICES
Bidcorral acts as a venue for Sellers to list properties and Buyers
to bid on properties. We are not involved in the actual transactions between
Buyers and Sellers and assume no responsibility for actions made based
on information or services. In the event that any parties using our Site,
including Sellers, Buyers and Bidders, have a dispute, the Company (including
our officers, directors, agents, affiliates, and employees) is not liable
for any claims, demands and damages arising out of or in any way connected
with such disputes. The information published on the Site may include
inaccuracies or errors. While the Company strives to keep the information
on the Site accurate, complete and up-to-date, the Company can not guarantee,
and will not be responsible for any damage or loss related to the accuracy,
completeness or timeliness of the information. Such information is provided
without warranty of any kind. In no event shall the Company Bidcorral(and our officers,
directors, agents, affiliates, and employees) be liable for any claims,
demands and damages arising out of or in any way connected with the use
of the Site, the delay or inability to use the Site, or any information
or services obtained from the Site.
1.2.1 PROMOTIONAL CREDIT & OFFERS
From time to time, Bidcorral will offer promotional incentives to our registered members. Any and all promotional credits that Bidcorral applies to a users account, are intended for use on the Bidcorral site only. These credits provided by Bidcorral may not be refunded, transfered, sold, traded, or by any other means used for any other purpose, except for the sole intention of placing auction listings, and to be applied toward sellers fees, here on Bidcorral. These may not be redeemed for cash, or refunded if a sellers account is closed. Promotional credit can not be used to purchase an item up for auction. These are promotional credits only.
1.2.2 ACCOUNTS AND BALANCES
Funds deposited on a sellers account are to be used for any charges that may occur from listing an auction and or success fees here on Bidcorral. Funds from a sellers account may not be used to purchase an auction item.
1.3 WHO CAN BID?
Bidders must register with Bidcorral as a Member and be capable of forming
legally binding relations under applicable law. The services provided
are not available to individuals under the age of 18 years old and any
other individuals who are legally prohibited from, or otherwise incapable
of, entering into binding contracts.
1.4 WHO CAN SELL?
A SELLER MUST BE A REGISTERED MEMBER OF BIDCORRAL, AND MUST REGISTER A SELLERS ACCOUNT IN ORDER TO PLACE ITEMS UP FOR AUCTION. Sellers must be the rightful owners or authorized by the owners of such
property, a court of law, or through power of attorney to sell an Asset.
Sellers must produce evidence of ownership and/or authorization to sell
an Asset upon request of Bidcorral or a Buyer.
1.4.1 BIDCORRAL EMAIL POLICY
PLEASE NOTE THAT THE USE OF BIDCORRAL'S EMAIL SYSTEM WILL NOT BE USED BY THE SELLER OR THE BUYER FOR THE PURPOSE OF ATTEMPTING TO COMPLETE TRANSACTIONS OUTSIDE OF THE BIDCORRAL AUCTION SITE. EMAILS SENT BETWEEN SELLER AND BUYER NEED TO REMAIN POLITE, AND MUST NOT CONTAIN ABUSIVE LANGUAGE AND CONTENT, INCLUDING SPAM. IF EMAILS RECEIVED BY EITHER PARTY ARE OBJECTIONABLE, PLEASE CONTACT CUSTOMER SERVICE AND REPORT THE ISSUE. BIDCORRAL STRIVES TO KEEP OUR SITE USER FRIENDLY, AND WITH THE HELP OF YOU, OUR REGISTERED MEMBERS, WE CAN MAKE BIDCORRAL'S AUCTION SITE, THE BEST POSSIBLE. .
COMMITMENT TO YOUR PRIVACY
This site is owned and operated by Bidcorral LLP. Your privacy on the Internet is of the utmost importance to us. At Bidcorral, we want to make your experience online satisfying and safe.
Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
INFORMATION BIDCORRAL GATHERS AND TRACKS
Bidcorral gathers two types of information about users:
Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and from participation in polls and surveys:
Information Bidcorral gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers' needs and to help our advertisers and sponsors better understand the demographics of our audience. Under no circumstances does Bidcorral divulge any information about an individual user to a third party.
Bidcorral Gathers User Information In The Following Processes:
Optional Voluntary Information
We offer the following services, which require some type of voluntary submission of personal information by users:
1. Electronic newsletters policy (Dispatches)
We will offer a free electronic newsletter to users. Bidcorral gathers the email addresses of users who voluntarily subscribe. Users subscribe to the newsletters at the time of registration. These newsletter provide promotional offers and information about the site.
2. Message boards/forums policy
Users of the site's Message Boards and Forums must register separately for these services (both are free of charge) in order to post messages, although they needn't register to visit the site. During registration the user is required to supply a username, password, and email address.
3. "E-mail this to a friend" policy
Our site users can choose to electronically forward a link, page, or documents to someone else by clicking "e-mail this to a friend". The user must provide their email address, as well as that of the recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose.
We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. Bidcorral may use a system to "tag" users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.
Bidcorral may occasionally conduct user surveys to better target our content to our audience. We sometimes share the aggregated demographic information in these surveys with our sponsors, advertisers and partners. We never share any of this information about specific individuals with any third party.
Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
Bidcorral tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. Bidcorral does break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser).
Bidcorral sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
USE OF INFORMATION
Bidcorral uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, message boards, and forums. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. Bidcorral never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners.
When we use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we don't track which terms a particular user enters.
Bidcorral creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs. Because we don't track the usage patterns of individual users, an advertiser or sponsor will never know that a specific user clicked their ad. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
SHARING OF THE INFORMATION
Bidcorral uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience's demographics. This is essential to keeping our service user friendly and provide our members with the best possible online experience. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
Bidcorral operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
We give users options wherever necessary and practical. Such choices include:
Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users.
1.5 PROCEDURE FOR CONDUCTING AUCTIONS
Assets are listed for the specified bidding periods shown on the Site
and are deemed "sold" at the close of bidding which will be set at a time
pre-determined by the Seller. Each Asset will have a description and disclosure
information on the Site, as well as any additional conditions of sale
provided by the Seller. Once bidding commences, Bidders may make a bid
at any time prior to closing of the bidding. All Assets will have a minimum
bid price disclosed on the Site. For certain Assets, the Seller may impose
a reserve price which is not disclosed on the Site. If there are no bids
above the minimum bid or reserve price (whichever is higher), then the
Seller is not obligated to sell the Asset. After bidding closes on each
Asset, We will send the highest Bidder and Seller an email detailing the
highest bid and contact information. In all auctions Buyers who receive
a winning bid notice are legally bound to buy the asset at the quoted
bid amount (see "Contractual Obligations of Buyers and Sellers" below),
and the Seller is legally bound to sell the asset, pursuant to these Terms
& Conditions, subject to the additional conditions of sale specified
by Seller. The Seller is obligated to contact the winning Bidder within
three (3) business days to complete the transaction (or the Seller may
engage a representative, including our company, to contact the winning
Bidder on the Seller's behalf, pursuant to prior agreement). After three
(3) business days if the Seller is unable to contact the winning Bidder,
for whatever reason, the Seller may, in its sole discretion (a) continue
to attempt to contact the high bidder with assistance from Bidcorral; (b) after
contacting us, contact the second highest Bidder and sell the Asset to
the second highest Bidder; or (c) re-list the asset on the Site. By selling
an Asset to the next highest Bidder, neither the Seller nor our company
is releasing any claims he/she/it may have against the highest Bidder
for non-performance. Once the Seller contacts the winning Bidder, the
Seller and winning Bidder shall complete the settlement of the purchase
and sale of the Asset pursuant to "Settlement of Transactions" below.
188.8.131.52 SOLICITING PRE-SALES OF INCOMPLETE AUCTIONS
For security purposes,under no circumstances shall a member use Bidcorral to conduct transactions
outside of the auction site. This shall include but not limited to:
Personal shopping carts
Email links, and/or contact information contained in auction descriptions, and/or auction titles
Transactions that bypass the Bidcorral user billing
and accounting system.
Inclusion of payment systems, links, advertising, or any means to purchase an item outside of Bidcorral before an auction completes successfully, and a buyer and seller enter into a legitimate transaction through Bidcorral.
If an item is no longer available for sale, or a seller wishes to sell the item early to a high bidder. then a seller has two (2) options.
Items with NO bids may be deleted completely from the Bidcorral system.
Items with bids placed may be ended early, and the highest bidder will enter into a transaction with the seller to complete the transaction. Or if an item is absolutely no longer available and has bids placed on it a seller may request for the Bids to be removed by Bidcorral Administration. This may take 24-48 hours to complete. Sellers requesting bid bid removal due to the item no longer being available, should update the item description, letting bidders know the item is no longer for sale.
Note: If a transaction is completed by means of bypassing the Bidcorral Auction System, prior to the successful completion of the item listing end date, this leaves both the buyer and the seller vunerable. Therefore Bidcorral has strict regulations regarding the use of Bidcorral Auction Services, in order to retain a safe and secure venue for our members to enjoy.
By using Bidcorral, or any services affiliated with Bidcorral, you agree to adhere to its terms and conditions in full.
Bidcorral reserves the right to review any auction we believe, or a member reports as questionable, that be in breech of the Bidcorral terms and conditions. These actions will not be tolerated and may result
in account suspension.
THE INTENTIONAL MARKUP OF SHIPPING FEES, IN ORDER TO MAKE ADDITIONAL PROFIT ON THE WINNING BID PRICE, WILL BREECH THE USER AGREEMENT. SHIPPING FEES SHOULD BE AS CLOSE TO THE EXACT AMOUNT AS POSSIBLE. EXCEPTIONS MAY BE MADE ONLY IF IT IS AGREED UPON BETWEEN THE RESPECTIVE PARTIES INVOLVED IN THE TRANSACTION..
1.6 SETTLEMENT OF TRANSACTIONS
The settlement of a purchase and sale of an Asset following a completed
bidding process shall be conducted pursuant to this Section, unless otherwise
provided in the Seller's conditions of sale or in a written agreement
executed by the Buyer and Seller. Unless otherwise provided in the Seller's
conditions of sale or otherwise agreed upon by the Seller and Buyer in
writing, final settlement shall take place no later than seven (7) business
days after Buyer is given a Winning Bid notice.
1.7 USER NAME AND PASSWORD
Once a party becomes a Member of the Bidcorral Site, the Member will select a user
name, and a password will be automatically generated and emailed to their respective email address. Upon receiving their password, the user may either keep that password, or may change their password to one of their choice, this can be done from the menu on Bidcorral's home page. Members are entirely responsible for maintaining
the confidentiality of their user names and passwords. Furthermore, Members
are entirely responsible for any and all activities, which occur under
a Member's ID and password. Member agrees to immediately notify Bidcorral of
any unauthorized use of Member's ID or any other breach of security known
1.8 CONTRACTUAL OBLIGATIONS OF BUYERS
Important! THE SELLER ASSUMES COMPLETE AND FULL RESPONSABILITY FOR THE ITEMS LISTED, BY, OR ON BEHALF OF THE SELLER. THE LISTING OF A QUESTIONABLE ITEM(S) INTENTIONALLY WILL BREECH THE USER AGREEMENT, AND MAY RESULT IN THE SUSPENSION OF THE ACCOUNT IN QUESTION. Terms & Conditions As Contract. These Terms & Conditions, together
with any additional conditions of sale provided by a Seller for a particular
Asset disclosed on the Site, comprise a contract between a Seller and
the winning Bidder in any completed auction. By bidding on an Asset a
Bidder agrees, and by listing an Asset on the Site, a Seller agrees, to
be bound by these Terms & Conditions and the Seller's conditions of
sale included in the Asset's description, so long as those conditions
of sale are not in violation of these Terms & Conditions or unlawful.
In the event of any direct conflict between these Terms & Conditions
and any conditions of sale provided by a Seller, then these Terms &
Conditions shall prevail, except that in the event of a direct conflict
regarding the timing and requirements of settlement provided in the Section
entitled "Settlement of Transactions" above, then the Seller's conditions
of sale shall prevail with respect to such provisions.
1.9 BINDING CONTRACT BETWEEN BUYER AND
A bid made by a Buyer is an offer to purchase the asset from the Seller
at the stated bid price. The bid is an irrevocable offer, subject only
to material changes in the description of an asset made after such bid
is placed by a Buyer. Buyers are required to conduct any research or due
diligence of an asset prior to making a bid (See "Other Responsibilities
of Bidders/Buyers" below). All Assets are listed and sold on an "as is"
basis. If a Buyer bids on an asset and that bid represents the highest
bid for that asset, and the highest bid is at or above the Seller's minimum
and/or reserve price (whichever is higher), the Buyer's bid is deemed
accepted by the Seller (subject to these Terms & Conditions, including
the right of a Buyer to change or retract a bid in the event of a material
change in the description of the Asset, as set forth below), except for
an exceptional circumstance, such as a typographical error. Once a Buyer's
bid is accepted by the Seller, the Buyer is obligated to purchase the
asset at the price he/she/it offered and pursuant to these Terms &
Conditions and the Seller's conditions of sale. If a Seller receives at
least one bid at or above the Seller's stated minimum price (or in the
case where the Seller has set a reserve price, at or above the reserve
price), the Seller is obligated to complete the transaction with the highest
Bidder upon the completion of the bidding, unless there is an exceptional
circumstance, such as a clear typographical error or other conditions
stated in these Terms & Conditions.
1.10 CONDITIONS OF PURCHASE AND SALE
All purchases and sales of Assets and use of the Site by Members shall
be conducted in compliance with applicable law. Purchases made on the
Site are entirely without recourse to our company. All Members acknowledge
and agree that closing of all sales of Assets may be subject to final
approval of a court (including a bankruptcy court) or other agency and
that if such approval is not obtained, the Seller may withdraw such Asset
after a completed bidding process without any recourse or liability on
the part of Seller.
1.11 BUYER AND SELLER CONTRACT OBLIGATIONS
All Members are third party beneficiaries of these Terms & Conditions,
and Buyers and Sellers shall be entitled to enforce the provisions hereof
and may pursue legal action against each other for non-performance of
any provision hereof, including without limitation, non-performance of
a purchase and sale after a completed bidding process. In addition, our
company retains the right to terminate a Member's rights to use the Site
in the event a Member violates these Terms & Conditions. All Assets
are listed and sold on the Site on an "as is" basis. Bidders are required
to conduct any research or due diligence of an asset that they wish to
conduct prior to making a bid. After the online bidding is complete, unless
otherwise indicated/engaged, Buyers are responsible for taking all necessary
actions to complete the sale once a Winning Bid notice is given to Buyer.
We retain the rights to terminate a Buyer's rights to use the Site in
the event a Buyer fails to perform its obligations to settle on a completed
1.12 OTHER RESPONSIBILITIES OF SELLERS
Description of Assets. Sellers must accurately describe Assets in a listing
provided for inclusion on the Site and shall be liable for any misstatements
or omissions in such description. Failure to accurately describe an Asset
could be fraudulent and could subject a Seller to civil and/or criminal
liability, as well as being in violation of these Terms & Conditions.
Our company retains the right to terminate a Seller's rights to use the
Site in the event a Seller includes material misstatements or omissions
in an Asset's description. Prior to listing an Asset, Sellers shall provide
to Bidcorral any terms or conditions of sale for particular Assets in addition
to these Terms & Conditions. Sellers are responsible for complying
with all applicable local, state, federal, or foreign laws, rules, regulations
and legal approvals regarding the sale of any Assets. Sellers are also
solely responsible for ensuring that all items offered for sale are offered
in full compliance with any applicable legal limitations or restrictions.
1.12.1 PROHIBITED ITEMS
ITEMS OF OBJECTIONABLE NATURE SHOULD NOT BE LISTED. THE LISTING OF ANY LOTTERY TICKETS, SCRATCH TICKETS, OR ANY GAMBLING ON BIDCORRAL IS STRICTLY PROHIBITED! ITEMS INCLUDING FIREARMS, EXPLOSIVES, PORNOGRAPHY, BOOTLEG COPIES INFRINGING ON COPYRIGHT LAWS, CONCEALED WEAPONS, SWITCHBLADES, ANY ITEM THAT PROMOTES, GLORIFIES, OR IS DIRECTLY ASSOCIATED WITH GROUPS, ORGANIZATIONS, OR INDIVIDUALS KNOWN PRINCIPALLY FOR HATEFUL OR VIOLENT POSITIONS OR ACTS, ANY ITEMS THAT PROMOTES ILLEGAL ACTIVITY, ANIMAL ITEMS THAT ARE SUBJECT TO LAW AND REGULATIONS FOR THE PROTECTION OF ANIMALS, INCLUDING ENDANGERED SPECIES, AND DOMESTICATED ANIMALS, INCLUDING PRODUCTS MADE FROM OR INCLUDING ANY PARTS OF AN ANIMAL PROTECTED BY LAW OR REGULATION., IMPORTED ITEMS FROM COUNTRIES BANNED FROM TRADING WITH THE UNITED STATES. BIDCORRAL RESERVES THE RIGHT TO REMOVE ANY OBJECTIONABLE ITEM(S) LISTED ABOVE AND NOT LISTED HERE. THE LIST ABOVE HAS BEEN SET FORTH AS A GENERAL GUIDLINE, AND IT IS AT BIDCORRALS SOLE DISCRETION TO DEEM AN ITEM AS OBJECTIONABLE OR NOT. BIDCORRAL HAS NO WAY OF KNOWING ALL ITEMS THAT SHOULD BE DEEMED OBJECTIONABLE, BUT WE WILL DO OUR BEST TO MAKE OUR SITE A SAFE PLACE TO DO YOUR ONLINE TRADING. LISTING AN ITEM DEEMED OBJECTIONABLE MAY RESULT IN SUSPENION OF THE REGISTERED USERS ACCOUNT, UNTIL THE MATTER IS RESOLVED. PLEASE NOTE THAT BIDCORRAL TRIES TO KEEP ITS SITE USER FRIENDLY, AND WITH THE HELP OF, YOU, THE REGISTERED USER, WE CAN MAKE BIDCORRAL , THE BEST PLACE TO DO YOUR TRADING.
1.13 PAYMENT OF COMMISSION
Each Seller in a transaction for which a Winning Bid notice is issued
shall pay Bidcorral the agreed upon commission based on the final sales
price for the asset in question. Such amount shall be paid within
thirty (30) days of invoicing.
1.14 SUPERVISION OF CONTENT
Bidcorral reserves the right to supervise all material, content and information
on its Site, including, but not limited to, asset listings and bidding
activity, to determine compliance with the Terms & Conditions and
all current and future operating procedures and rules of conduct established
by our company. We reserves the right, at its sole discretion, to amend,
edit, remove or otherwise block any material posted by a Member, which
may violate any state, federal or local law or violate any aspect of these
Terms & Conditions or which may otherwise jeopardize the business
operations or goals.
1.12.2 LISTING OF TICKETS
ITEMS OF OBJECTIONABLE NATURE SHOULD NOT BE LISTED. THE LISTING OF ANY LOTTERY TICKETS, SCRATCH TICKETS, OR ANY GAMBLING ON BIDCORRAL IS STRICTLY PROHIBITED! THE LISTING OF COPIED, BOOTLEG TICKETS, SCALPING, OR THE LISTING OF TICKETS KNOWN TO BE ILLEGAL IN ANY FORM IS STRICTLY PROHIBITED. LISTING ITEMS OF THIS SORT, WILL RESULT IN THE SUSPENSION FO YOUR ACCOUNT. THE SELLER ASSUMES FULL RESPOSABILITY FOR THEIR LISTING(S).
1.15 MEMBER CONDUCT
Member is solely responsible for the contents of his/her/its transmissions
through the Site. Member's use of the Site is subject to all applicable
local, state, national and international laws and regulations. Member
agrees: (a) to comply with international law regarding the transmission
of technical data exported from any country through the Site; (b) not
to use the Site for illegal purposes; (c) not to interfere or disrupt
networks connected to the Site; and (d) to comply with all regulations,
policies and procedures of networks connected to the Site. Member agrees
not to transmit through the Site any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material
of any kind or nature. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
national or international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited. Member further agrees
not to use the Site in a manner that violates any national, international,
federal, state, local or statute laws, including but not limited to the
sale of any regulated substances.
1.16 NO RESALE OR COMMERCIAL USE OF THE
SERVICES PROVIDED ON THE SITE
Member's right to use the Site is personal to Member. Member agrees not
to resell or make any commercial use of the services provided on the Site,
without the express written consent of our company. Member acknowledges
that content appearing on the Site may be protected by copyrights, trademarks
or other proprietary or personal rights and that applicable laws will
govern the Member's use of such content. Member agrees that without the
prior written consent of our company, Member shall not resell the Site,
or the services provided on the Site, or use the Site for the transmission
of commercial solicitations (other than an offer by Seller of Assets for
sale) or for the receipt of responses to commercial solicitations (other
than a Buyer's interest in purchasing Assets offered for sale through
the Site) without the express written consent of our company. Member agrees
not to, for a commercial purpose, upload, transmit, reproduce, distribute
or participate in the transfer or sale, or in any way exploit, any content
obtained through the Site. Member agrees not to use the Site for the transmission
of (or receipt of responses to) chain letters, lotteries, gambling or
pyramid schemes of any kind. Member agrees not to use the Site to disseminate
any message in a broad-based mailing without the prior written permission
of our company. Member agrees not to forge communications or take any
other action that would disguise the origin of communications Member transmits
through the Site. Member agrees not to permit another person to transmit
communications that falsely identifies the Member's account as the origin
of such communication. Nothing herein shall limit or prevent any Buyer
from re-selling any Asset purchased through the Site.
1.17 LIMITATION OF LIABILITY
NEITHER BIDCORRAL, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR ANYONE
ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF OUR AUCTION SITE OR INABILITY
TO USE OUR COMPANY (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL
OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING
FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL
INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF BIDCORRAL PROVIDERS)
EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM
OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF OUR
COMPANY, THEIR INTERNET SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS,
LICENSORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND EACH SHALL HAVE THE
RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF.
THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPHS WILL SURVIVE
ANY TERMINATION OF THIS AGREEMENT.