Terms & Conditions

 

  (Updated: 05/09/12)

 

1. Hours of Operation

a.) The auction hours will be 24 hours per day, 7 days per week.

 

2. General / Overview

a.) The following Terms & Conditions shall apply exclusively to the relationship between StickyBids USA L.L.C., all subsidiaries of StickyBids USA L.L.C., www.stickybids.com ("StickyBids"), and the end user ("You" or "Your"). By using StickyBids' services, You accept the following Terms and Conditions, as well as the manner in which StickyBids operates.

b.)These Terms & Conditions constitute the entire agreement between StickyBids and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and StickyBids with respect of Your use of StickyBids.

c.)Information on StickyBids, such as the "Help", “How It Works” or "About Us" sections, are only recommendations and are not intended as rules or guidelines.

d.) StickyBids 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. Any bidding advice or other written advice (for instance, 'Help Topics' articles) posted on the Website are provided solely as suggestions and are not intended to be relied upon. StickyBids™ is a pay to play entertainment site, users are not guaranteed to win by bidding against other players, and agree to play at your own risk. StickyBids is not responsible for any actions taken due to a user or other person having read or been told about such advice.

e.)StickyBids will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates. StickyBids reserves the right to change these Terms & Conditions at any time without notice to You. Consequently, You should review these Terms & Conditions for changes each time You visit StickyBids. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at support@stickybids.com.StickyBids is not affiliated, connected, or otherwise owners in full or part to any other Penny Auction Sites. You can also reach us by USPS at StickyBids USA L.L.C. 4132 Atlanta Hwy. Suite 110-200, Loganville, GA 30052.

 

3. Acceptance of Terms & Conditions

a.) By accepting the Terms & Conditions and/or registering with StickyBids, You confirm that You are eligible (as specified in the "Eligibility" section) to use StickyBids. If You do not agree to the Terms & Conditions, do not use StickyBids. If You access, use, or download in any way, any service from StickyBids, You agree to and are bound by these Terms & Conditions.

 

4. Eligibility

a.)By accepting the Terms & Conditions and/or registering with StickyBids, You confirm that You are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract.

b.) By using StickyBids, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If You access, use, or download in any way, any service from StickyBids, You agree to and are bound by these Terms & Conditions.You must reside in the 50 states of the United States and Canada (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) or Washington D.C.

c.) StickyBids’ employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in StickyBids’ auctions. StickyBids’ products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

 

5. Registering

a.)You can only register once and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. In addition, You must not provide misleading information when registering. You may not collude to exchange information. Your chosen username must not be offensive, rude, disparaging or intended to deceive or delude other StickyBids users.

b.)Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. In addition, your username cannot mislead users into thinking you are administration or affiliated with StickyBids in any way. If StickyBids receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated by StickyBids, it is StickyBids' sole discretion, that Your user account may be frozen until You change the username or StickyBids may permanently close Your account without prior notice to You for violating these Terms & Conditions.

c.)You are responsible for keeping Your user account password confidential. StickyBids will never ask for Your password apart from login, nor should it ever be provided to anyone, including StickyBids' employees. User accounts are non-transferable. You agree that Your user account may be used only by You and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage StickyBids, shall result in the termination of the user and the reporting of a crime. In general, You agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.

d.)StickyBids reserves the right to limit the number of user accounts per household and the number of won auctions per user account. StickyBids limits the number of user accounts per natural person and/or per household to one (exceptions may apply - contact support for any questions). StickyBids will not allow a single credit card to be used in conjunction with multiple user accounts.

 

6. Referrals

a.) You may refer friends to StickyBids using the form on the StickyBids website. StickyBids occasionally may offer incentives to any user who refers new users that purchase a bid bundle. StickyBids reserves the right to review each referral for possible fraud. You may not refer family members or pets located in the same household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the users account.

 

b.) Review the following 'Help' topic for more information along with current incentives.

• Affiliate - Referral Program

 

7. Account Termination

a.) TERMINATION BY YOU: You have the right to terminate Your account at any time. You may do so either by not returning to the website or by closing your account in accordance with StickyBids standard procedure.

b.)TERMINATION BY STICKYBIDS: StickyBids reserves the right to temporarily or permanently terminate Your account at any time, with or without notice, for any reason, and at its sole discretion, and if it is determined that 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, attempting to manipulate our software in any form,  the creation of multiple accounts by the same individual ("Multiple Account Violation"). Making defamatory, erroneous, or malevolent comments in forums or StickyBids Facebook fan page.

c.) If StickyBids suspects fraudulent account activity or behavior. You agree that if StickyBids, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, StickyBids may withhold, cancel or otherwise retain any and all of Your pending deliveries and/or refunds for bids.

 

8. Multiple Account Violation-Cheating and Auction Audit

a.) It is strictly prohibited for users to set up multiple accounts in any way, using any means. Our compliance department will audit all auctions, and if you are found to have violated our policy on "multiple account violation" or by cheating in any way, your win will be declared null and void by StickyBids, it will not be awarded, and any bids used in the auction will be non-refundable. Your accounts will be immediately deactivated and you will no longer be able to participate in auctions on StickyBids.com under any circumstances.
 

 

9. Reporting Violations

a.) If you become aware that any other person is violating any of the terms and conditions of the Website or Service, please notify us immediately. 

 

10. Bidding / Bid Purchases / Auto bidder

a.) You can place bids in two ways: (1) manually by clicking an auction's "Bid Now" button and/or (2) by using the Auto bidder function. Auto bidder is an automated feature which lets You bid on an auction even when You are not online or logged in. Auto bidder automatically places bids according to Your instructions.

b.) You can read about how the Auto bidder operates in the "Help" section. StickyBids reserves the right to offer different size Bid Bundles at different times. Bids are purchased in advance in the form of "Bid Bundles".

c.) Purchased Bids that have not been used in auctions are refundable. Used bids are non-refundable. Should You not honor a payment, You will be charged a returned payment fee. StickyBids reserves the right to block access to the 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 is received in full.

d.) Bid Bundles expire after six (6) months.

 

11. Acceptance of the Win and Payment 

a.) After an auction has ended, the last bidder (the "winner") must go to "Won Auctions", located in "My Account" or another webpage if so indicated. Here, information on total price (including any shipping costs, processing fees, taxes, etc.) and payment options will be displayed. The user must actively confirm by clicking on the button marked “Won Auctions, and pay the total price for the win by following the steps indicated on that page or elsewhere if indicated. Once the winner has confirmed, the win is accepted. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail from StickyBids™. Subsequently the item will be delivered to the winner (subject to the remedies for breach of a Term set out in this Agreement.)

b.) If an auction win has not been confirmed by the winner and paid within 7 days of the auction end time, StickyBids™ reserves the right to withdraw the offer to conclude a contract. If StickyBids™ withdraws the offer, the winner's right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction are non-refundable.

 

12. Win Limits

a.)

·    Limits will go into effect the 1st of each month.
·    16 product wins per month
·    16 bid bundle wins per month
·    4 total wins (products+bundles) allowed per day of which only 2 bid bundles per day are allowed to be won. For example, you may win 4 products per day OR 2 products + 2 bundles OR 3 products + 1 bundle. These wins will deduct from your monthly total until the limit is met.
·    2 wins in calendar month in the price range $200-$499 - These wins will deduct from your monthly total
·    1 win in a calendar month in the price range $500+ - This win will deduct from your monthly total

 

b.) StickyBids reserves the right to adjust win limits at any anytime, and immediately implement them.

 

13. Chargeback & Fraud Procedure

 

a.) StickyBids, in good-faith, makes every effort to bring disputes that may arise to a fair and just conclusion. If a customer does not make an attempt to resolve a dispute before initiating a chargeback procedure, their account will be deactivated immediately.

b.) All chargeback’s are taken seriously by StickyBids and will be investigated. 　If a chargeback is made for a valid payment to StickyBids, the chargeback will be vigorously disputed. The User will be liable for any money owed as outlined below.

c.) Due to the overwhelming amount of fraudulent activities on the internet and with Penny Auction websites in general, StickyBids' has implemented a 'Zero Tolerance' plan to handle fraudulent activities in relation to our website as well as all facets of StickyBids USA L.L.C..

You agree that you are purchasing the 'right' to 'bid', utilizing intangible 'bid credits' for entertainment purposes, on any item and/or auction available on above stated "Website". If any user intends to purchase bids and file charge-backs and/or disputes, StickyBids retains the right to EXHAUST any means legally necessary, including but not limited to, a complete, full & just Fraud Investigation utilizing any law enforcement necessary.

Following the conclusion of the dispute and/or investigation, the User will be liable for court costs, collection costs, legal fees and/or any money associated with the collection of above stated fees associated with the chargeback procedure, plus a $75.00 chargeback collection fee for EACH chargeback case.

StickyBids will follow protocol according to Georgia Law by disputing any chargeback case at their sole discretion, using all contact means available of the consumer, for sending demand notifications and court hearing requests to appear within the State of Georgia.

14. Advertising / Publicity

a.) StickyBids™ reserves the right to publish the name, region address and photograph of any winners. This rule is one of the conditions of participating on the Website, which allows StickyBids™ to provide the public with proof of the auctions won by users. This constitutes a fundamental transparency issue.

b.) As a winner of a major auction, you may be asked, depending on advertising needs, to take part in a photo session and a brief interview about the circumstances surrounding your win. The information gathered may be used to write a press release sent to the media. Your win will also likely appear in one of StickyBids commercials, including but not limited to, television and radio, as well as on the Website.

 

15. A Word About Power Bidding!

 

a.) StickyBids wants our site to be entertaining, fun, exciting, and full of face-paced auctions that gives all of our members the opportunity to get the hottest products for as much as 90% or more off retail. We are trying to create a level playing field for everyone!

 

b.) If we find that any member is participating in any form of “Bullying” in our forums, or FaceBook Fanpage to intimidate new and intermediate players from playing at our site, or “colluding” with other members to dominate an auction. We reserve the right to terminate your account without notice and ban your IP address from our site.

 

 

16. Strategic Advice:

a.) From time to time, our employees or others may offer strategic advice on our Website. We expressly disclaim any liability relating to that strategic advice which may be good or bad. Any reliance on that advice is at your own risk.

 

17. Buy & Save (Buy It Now) Policy

a.) At StickyBids' sole discretion, StickyBids may allow you to apply a portion of the bidding credits used in the auction to the Buy It Now purchase price. If an auction offers the "Buy it Now" feature, the button for that option will be highlighted.

b.) While bidding, you will see the purchase price continuously reduce by .70 each time you hit the bid button or when your auto bidder places the bid for you.

c.) Credits toward the "Buy Now" price works as follows; Spinner bids are used first, followed by promo bids, credit for purchased bids (sticky bids) are used last, and give a .70 credit toward the "Buy Now" price, lowering the final price of the item, should you chose to buy the item.

d.) If you choose to use your auto bidder, it is your sole responsibility to monitor the amount of bids you want to utilize in the auction.

 

18. Odds of Winning Auctions

a.) Every auction is unique and the results of all auctions offered on StickyBids 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.

b.) By creating an account with StickyBids, you acknowledge and agree that you have read and understand these terms and conditions. You further understand and agree that StickyBids is a pay to play entertainment site, and auction wins are not guaranteed, and by participating in an auction, you play at your own risk.

 

19. Special Promotions

a.) Any special promotions run by StickyBids shall only be valid if they are announced on StickyBids.com, StickyBids’ authorized advertising campaigns or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on StickyBids or in our newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished. StickyBids reserves the right to show additional and/or different auctions to You at StickyBids’ sole discretion.

 

20. Returns / Cancellations / Refunds

a.) No Warranties: Except as expressly set forth herein, the material on the website, the services, bundle bids, WinBack Credits, and the products (including all content, software, functions, services, materials and information made available therein or accessed by means thereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose except that purchasers of products will receive the warranties, if any, supplied by any manufacturers. Some exceptions may apply. If such exception does apply, it will be noted on the auctions return information on the individual auction page.

b.) If You wish to cancel the contract, You must inform StickyBids by email that You want to cancel. Cancellations by phone will not be accepted. The following contact detail must be used: support@stickybids.com Complete limited manufacturer warranties will be provided for every item upon availability. Should StickyBids not be able to deliver the product ordered or the product won for any reason, StickyBids shall be entitled to substitute the item with an equivalent product acceptable to both StickyBids and You, or provide a refund of the auction end price, processing fees and Buy it Now payments. All purchased bids used in the auction will be credited for use on future auctions. Promo and spinner bids used will be issued as a credit since promo bids and spinner bids are not a purchased item.

c.) Purchased Bids- Used bids and free bids (no cost to you) are NON-refundable. unused bids are refundable.

 

 

21. Delivery

a.) Deliveries are made to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii.

StickyBids also ships to addresses within Canada. Additional shipping fees may apply to Canadian residents.

 

b.) Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by You. Delivery times vary; therefore any time provided should be used as a guide. Our goal is to process orders and provide tracking numbers in your account, as soon as they become available from the shipper.

Please allow 15 business days for delivery of all items including Gift Cards.

Should StickyBids not be able to deliver the product ordered or the product won for any reason, StickyBids shall be entitled to substitute the item with an equivalent product acceptable to both StickyBids and You, or provide a refund of the auction end price, processing fees and Buy it Now payments. All purchased bids used in the auction will be credited for use on future auctions. Promo and spinner bids used will be issued as a credit since promo bids and spinner bids are not a purchased item.

You Choose SuperCertificates: Due to recent FRAUD practices, please allow 7-10 business days for SuperCertificate processing. Refer to the above section entitled 'A Word about FRAUD' for more information.

c.) StickyBids 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 is to be reported to StickyBids upon receipt. At the bottom of each auction you will notice a delivery cost. This is a flat processing fee and there are no shipping charges. Charges are as follows:

 

1.       Gift card, Bid bundle auctions & items below $10.00:$1.99

2.       Retail value ($10.00 -$50.00):   $4.99

3.       Retail value ($50.01 - $100.00):   $6.99

4.       Retail value ($100.01 - $200.00):   $7.99

5.       Retail value ($200.01 + ):   $9.99

 

d.) From time to time we will offer specialty items such as ATV's or Go carts that will require shipping charges. The details will be in product subscription.  

 

22. Withholding Payment / Retention of Title

a.) You agree that the item delivered shall remain StickyBids' property until payment is received in full of the total price, including the shipping (if any), and bids used in the auction.

 

23. Disclaimer of Warranty and Liability Regarding Use of StickyBids

 

a.) You agree that use of StickyBids is at Your sole risk. Neither StickyBids nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by StickyBids, or the like, warrant that websites affiliated with StickyBids, including but not limited to, StickyBids, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.

b.) The information, products and services published on StickyBids may contain inaccuracies or typographical errors. StickyBids makes no warranty as to the results that may be obtained from the use of StickyBids or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through StickyBids. Furthermore, StickyBids shall not be responsible for any opinions, views, advice or statements posted on StickyBids (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized StickyBids spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized StickyBids 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.

c.) The content on this Website is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the content contained therein. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users, or auctions. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Website or the content without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website without our prior written consent.

d.) YOUR USE OF STICKYBIDS IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY STICKYBIDS USA L.L.C. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.STICKYBIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF STICKYBIDS, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF STICKYBIDS, 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 THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, STICKYBIDS 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.

e.) ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/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 THE TERMS.YOU EXPRESSLY UNDERSTAND AND AGREE THAT STICKYBIDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS 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).

f.) THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM STICKYBIDS OR THAT RESULT 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 STICKYBIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH STICKYBIDS.SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON STICKYBIDS SERVICES OR ITEMS PURCHASED THROUGH STICKYBIDS, FROM INABILITY TO USE STICKYBIDS' SERVICES OR ITEMS PURCHASED THROUGH STICKYBIDS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF STICKYBIDS' 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. If You are dissatisfied with any portion of StickyBids, You should discontinue Your use of StickyBids.

 

 

24. Disclaimer of Warranty and Liability Regarding Purchases from StickyBids

 

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

b.) All new products are sold with the manufacturer's limited warranty only. StickyBids warrants solely that the products sold to You under these terms shall have the characteristics specified in StickyBids' 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 mailed to StickyBids. Warranty is excluded for the delivery of any used products.

c.) EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, STICKYBIDS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY STICKYBIDS 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 STICKYBIDS SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, AND MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY STICKYBIDS. IN NO EVENT SHALL STICKYBIDS 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.

 

25. Dispute Resolution

By agreeing to these Terms & Conditions, You and StickyBids 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 StickyBids 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 StickyBids 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 StickyBids in a manner specified in the "Notices" section below. If StickyBids and You do not reach an agreement regarding a Dispute within 30 days following StickyBids receipt of the Notice of Dispute, StickyBids 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, StickyBids 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. 

 

26. System Outage / Temporarily Paused Auctions

 

a.) 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 10 minutes will be added to the remaining times for the auctions.

b.) Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auctions will be credited back to Your account; however, StickyBids is not responsible for any other costs incurred by You due to a system outage.

c.) StickyBids reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

d.) 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. StickyBids, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, StickyBids shall not be liable for any damage incurred by auction users or third parties from using StickyBids' services. In particular, StickyBids shall not be liable for damage that occurs due to bids not being received by StickyBids, not being received promptly, or not being considered as a consequence of technical errors.

 

27. Proprietary Rights

a.) You acknowledge that we, and/or our licensors, own all proprietary rights in the Website and the software used to provide the Service, including, but not limited to, any patents, trademarks, service marks and copyrights. StickyBids' logos are trademarks of StickyBids, USA L.L.C. All rights reserved. Any trademarks appearing on StickyBids are the property of their respective owners.

 

28. Service and Support for Products Purchased

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

 

29. Applicable Law / Severability Clause

a.) This Terms & Conditions Agreement and Your use of StickyBids shall be governed by the laws of the United States of America and the State of Georgia without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in Georgia. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access StickyBids and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

b.) If You open an account and/or participate in auctions offered by StickyBids 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 StickyBids 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. 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.

 

30. External Links

a.) 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.

 

31. Entire Agreement

a.) These Terms & Conditions constitute the entire agreement between You and StickyBids with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by StickyBids of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by StickyBids.

 

32. Miscellaneous

a.) Force Majeure. We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the internet or any third party internet service providers.

b.) Survivability. The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.

c.) Severability. The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

d.) Interpretation. The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement. Further Actions. You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement. Amendments.

e.) No amendment or other change of this Agreement shall be effective unless and until either set forth in writing and posted by us on the Website or emailed by you to us and agreed to by us in a reply email. Electronic Communication and Notices. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice to us will be effective when delivered to us at support@StickyBids.com with a copy to our outside counsel: Hill, Ketscher & Wharton, LLP, 3350 Riverwood Parkway, Suite 800, Atlanta, GA 30339 or such replacement addresses as we may later provide on the Website.

 

f.) Restriction. The Website and the Service are currently available only to residents of the United States & Canada. Notwithstanding the foregoing, the Website and the Service are available only where permitted by law.

 

g.) Entire Agreement. The terms of the Privacy Policy posted on the Website are incorporated by reference herein. This Agreement, including the policies which are incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof. 

 

33. Note

Placing bids online at www.StickyBids.com frequently or repeatedly can incur high costs. We would like to advise all users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and check their charges regularly. 

 

34. Notice

Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to StickyBids 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 StickyBids USA LLC, 4132 Atlanta Hwy, Suite 110-200, Loganville, GA 30052, or by email to support@stickybids.com.