Use of Site Wickedbidder.com and any content therein ("Website") is owned and operated by AdsAlive Inc., ("AdsAlive") a California corporation. Users agree that any and all use of the Wickedbidder website must be in compliance with the restrictions and rules set forth by Wickedbidder including, without limitation, the Terms and Conditions ("Terms") set forth below or otherwise disclosed on the website. The Terms may be modified by time to time in the sole discretion of Wickedbidder.
This Website offers "Penny Auctions" where users may purchase items at discounts. However, all users agree and acknowledge that there is no guarantee of being the successful bidder. Each bid must be purchased through the Website. Users bid at their own risk. Wickedbidder encourages all users to be careful in bidding because multiple and frequent bidding may be costly to the users. Bids are non refundable. Users who wish to bid risk-free should bid exclusively on Buy Now items.
Any user desiring to bid on an item must register on the Wickedbidder Website. Users agree and confirm to Wickedbidder that they are over the age of eighteen (18) and legally able to enter into a binding contract, will enter correct, true and accurate information, will enter a valid mailing address (not a P.0. Box), will only register one user per household, select a non-offensive and non-infringing username, select a password, and agrees to be responsible for any items purchased on the Website.
User agrees not to transfer or disclose their password to another third party. Users will be responsible for any and all activity on the Website under the user's account. Users agree to immediately report any misuse or stolen identify to Wickedbidder.
Wickedbidder reserves the right to change the registration requirements. In addition, Wickedbidder reserves the right to refuse service to any user including, without limitation, suspending or terminating any user's account or disqualifying a user if Wickedbidder determines (in their sole discretion) that the user's conduct was inappropriate including, without limitation, any violation of the Terms.
Wickedbidder prohibits the use of use of unauthorized commercial or third-party bidding software. Wickedbidder employees are not eligible to participate in the auctions.
Users must register and purchase auction bids (called "bids" or "Bids") in order to participate in any of the Website auctions. The purchase price for Bids may vary, and they may be purchased in packages or through promotions. Bids may expire, so users are must be aware of the expiration date and use the Bids prior to the end of the expiration date. Expired Bids will not be refunded by Wickedbidder.
Users can place a bid manually by clicking the bid buttons. Alternatively, some Auctions may offer users the ability to use the automatic bid feature, Wicomatic. Users may not use any other software application to place bids. Any use of such other unauthorized software or programs is a breach of these Terms. Use of Wicomatic must be in accordance with these Terms and any additional terms, conditions and restrictions provided on the Wickomatic link or tab. Users agree to use Wicomatic at their own risk. Bids placed using Wicomatic are in accordance with the preference selections made by the user. Bids are automatically deducted from the users account. The use of Wicomatic does not guarantee that the user will be the high bidder or better results than simply using the manual bid buttons.
Wickedbidder makes no representations or guarantees of success in bidding. Users bid at their own risk. Users are encouraged to be prudent in purchasing bids and bidding on auction items.
3. The Auction
The auction offered through this Website is the type of action where the user bids using pre-paid "Bids". Each Bid raises the auction cost by $0.01 or the amount designated on the Website. The winning user or bidder is the user that is the last to bid when the timer counts down to zero (0) seconds. Each item up for auction has a countdown timer that displays the remaining time for that particular auction. Each Bid may increase or add time to the auction timer. Bid placed in the action are non-refundable. Wickedbidder will not refund or return Bids to users.
The user agrees that each Bid placed by each user represents his or her wiliness to purchase the item for the winning bid and pay the purchase price and shipping and handling fees (if any). The specific terms of the contract must be accepted by the customer prior to shipping of the item. The last or winning bidder is determined by Wickedbidder.
Wickedbidder reserves the right to refuse to award the item to the successful bidder if the Terms have been violated in any way by the user. In addition, Wickedbidder may, in its sole discretion, may limit the number of auctions a user may enter or win if that user has been the winning bidder in multiple auctions. Win limits may change at any time at the sole discretion of Wickedbidder.
Successful bidders agree to go to the check out location, My Wicked location or other designated Website location to conclude the auction and have the item shipped. Wickedbidder may offer different payment options for the user. The successful bidder must go to the My Wicked location and proceed with the transaction to obtain the item. The user agrees to pay any required purchase price and applicable shipping and handling charges.
Users agree and acknowledge that any items that are not claimed and paid for, may be forfeited by the user after 5 days after the action expires.
Users acknowledge certain items may be shipped or otherwise delivered from Wickedbidder or directly from Wickedbidder's supplier. Deliver times may vary. User acknowledges that deliver or shipping is made by a third party company. It is the user's responsibility to provide accurate address or shipping information. If the particular item in the auction is no longer available, user agrees that
Wickedbidder may replace or substitute the item with another item that Wickedbidder (in its sole discretion) deems the same or similar.
Excessive or multiple bids may be costly to the user. Users are encouraged to be careful in placing bids and check their accounts to monitor their spending.
4. Refunds and Returns
Users agree to accept all items "as is" with only the manufacturer's warranty. However, upon request, Wickedbidder may allow users to return any non electronic item this has been unused and is in good condition for a full refund provided user pays for shipping to return the item. All refund requests must be made within twenty (30) days after the user receives the goods or is notified that the items are ready for pick-up. Under no circumstances will the amount of the refund exceed the winning bid amount stated for that item. Upon request and if permitted by Wickedbidder, users may return any item that is received in damaged condition and elect to receive a full refund or a replacement item that Wickedbidder (in its sole discretion) deems the same or similar to the original item.
Any and all claims for a refund must be made in writing within the twenty (30) day period. Claims should be made via email to email@example.com.
5. Disclaimer of Warranty and Limitation of Liability.
The Website and the auction provided therein are provided on an "AS IS" basis to users. User agrees to use the Website at user's own risk. User acknowledges that the description of the products may be from the manufacturer or other distributor. Wickedbidder cannot guarantee that all of the information contained on the Website including, without limitation, product description is error free. Users may contact the manufacturer for additional product or warranty information. Wickedbidder does not make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website. Users agree and acknowledge that to the maximum extent permitted by law, Wickedbidder disclaims any and all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. This disclaimer of liability applies to any and all damages or injury caused by any failure of performance, error, typo, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Wickedbidder is not responsible or otherwise liable for any illegal or unauthorized conduct or practice by any third party including, without limitation, any defamation, fraud or misrepresentation.
User agrees that the extent of any liability to Wickedbidder or its agents, affiliates, offices and directors will under no circumstances exceed the amount paid by user for the product. In no event will Wickedbidder or its officers, directors or agents be responsible or otherwise liable for any other damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or products auctioned through the Website. In addition to the terms set forth above, neither Wickedbidder, nor its officers, directors, employees, agents or affiliates, information providers or content providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, misinformation or the information contained in the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
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.
USERS EXPRESSLY UNDERSTAND AND AGREE THAT Wickedbidder 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).
All new products are sold with the manufacturer's limited warranty only. Wickedbidder only warrants that the products sold to the user under these terms shall have the characteristics specified in the Wickedbidder 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 Wickedbidder. All requests for technical service and support relating to products purchased on the Website should be made directly to the manufacturer in accordance with their terms and conditions.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, Wickedbidder MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY Wickedbidder, EMPLOYEES, 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.
USERS AGREE THAT Wickedbidder SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY USER OR ANY OTHER PERSON FOLLOWING DELIVERY BY Wickedbidder. IN NO EVENT SHALL Wickedbidder 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.
6. Applicable Law
The Terms shall be governed by the laws of that State of California, United State of America without regard to its conflicts of laws principles. Jurisdiction and venue shall be Sonoma County, California. Any legal action or proceeding related to this website shall be brought exclusively in a federal or State court sitting in California with jurisdiction closest to Sonoma County, California.
Users agree that Wickedbidder has the right to use the name, username, state of residency, winning bid information for any user for advertising purposes including, without limitation, commercials, website acknowledgments, radio or any other media to market or advertise Wickedbidder or the Website.
8. Outside Information.
The Website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Use of these links is at user's own risk. These links are provided only for the user's convenience only and do not constitute an endorsement or approval of these links or other websites. We assume no liability for the content of any external links. The operators of the sites linked to and from this site are solely responsible for their contents. Users agree that Wickedbidder has no responsibility for the content, terms, protection, or privacy guidelines of third party websites.
9. Delay in Auctions
If a computer, software, server or other related system outage has occurred and no bids can be submitted for items due to an unforeseeable disruption in a system, Wickedbidder reserves the right to temporarily halt the auctions and the remaining times for the auctions. Wickedbidder will use its best efforts to maintain the current bidding price and the current highest bidder. After the disruption has been resolved, the auctions will resume and up to five (5) minutes may be added to the auction timer. Wickedbidder reserves the right, at its sole discretion, to add more than three (3) minutes to the countdown timer. The Website shall indicate when an auction has been temporarily halted. It is the user's responsibility to verify the time remaining on the countdown timer after an outage. Bidders (users) that were bidding in auctions that were temporarily halted or otherwise suspended will not have a right to a refund for bids used or other costs incurred.
From time to time, a glitch may occur due to a server or system failure. In this event, Wickedbidder reserves the right to cancel the auction and will refund all users bids applied to this auction.
10. Trademarks and Copyrights
The marks Wickedbidder, Wicomatic, or other unique terms and logos, and design marks are trademarks of Wickedbidder. Wickedbidder has copyrights in all of the content of the Website. All rights with respect to any trademarks, copyrights or other intellectual property displayed on the Website are reserved.
11. User Information User's agree that to actively participate in the Wickedbidder auctions, users must register. By registering, users provide some personal information. Users agree that Wickedbidder may transfer and storage of such information on Wickedbidder's servers. Users agree that Wickedbidder (including employees) or its affiliates may use the information to (i) provide customer service, (ii) collect fees and resolve disputes, and (iii) inform users about services and troubleshoot problems.
In addition to any other permitted use, Wickedbidder may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. Wickedbidder also has the right to share user's personal information with third parties assisting our business operations under contract, including but not limited to fraud investigations and debt collection, or with law enforcement. User's represent and warrant that information provided to register and other information user may submit to Wickedbidder will to true and accurate. Users that register will choose a user name. The user name will be the display name on the Website. Users may access, review and change most of your personal information by logging on to Wickedbidder. However, some of the user's personal information may only be changed or modified by contacting Wickedbidder. If requested, Wickedbidder will close a user's account. Although some of the personal information may continue to be used to collect any outstanding amount or as requested by law enforcement, Wickedbidder has no obligation to continue to store the user's personal information.
Wickedbidder uses what is commonly referred to as "cookies". Cookies are files that are stored on the user's computer that can be retrieved to assist in customizing the user's experience with the online service. The information saved supports the functionality of the Website. Users may prevent cookies from being saved on the user's hard drive by adjusting the corresponding settings in the user's browser. Users will also select a password. Users agree to keep their password confidential. Users must not provide their password to any other person or third party. Any and all misuse of the password is at User's own risk. User agrees and acknowledges that sharing the password, not selecting an adequate password, or otherwise disclosing or making the password available to others may result in unauthorized use of the User's account. Wickedbidder is not responsible for any such misuse. User acknowledges this risk and agrees to accept this risk. To protect user's password, the user should log out of their account and to close their internet browser window upon leaving the Wickedbidder Website.
12. Misc. The user agrees that the Terms are between Wickedbidder and the user. The Terms are binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms or any of their rights or obligations without the express written consent of Wickedbidder. The user agrees and acknowledges that Wickedbidder has the right to revise and amend these Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions that may affect Wickedbidder, the Website or business, or changes in the law. All users agree to read and review the Terms prior to bidding. Users will be subject to the policies and terms and conditions in force at the time that user is the successful bidder. Users agree and acknowledge that Wickedbidder has the right to assume that all successful bidders/winners have accepted the Terms and any modifications or changes to the Terms. The Terms herein and other rules otherwise specified on the Wickedbidder Website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.