Bid Blab LLC Terms of Service

1. Introduction
1. Bid Blab LLC (Hereinafter: "Bid Blab" or "BidBlab" or "bidblab.com" ) is a Florida Auction Business, which manages and implements private unique auctions through the internet for members of the website bidblab.com.
2. The herein Users Agreement describes the unique and specialized Auction procedure (Hereinafter: "Auction") and consists of the Company promoting invitations for Blind Bidding from its Members on various products and/or services, accepting Bids, determining the Successful Bid, delivery of the product and/or service to the Participant that submitted the Successful Bid, all in accordance as described herein this Users Agreement.
3. Prior to participating in an Auction, Users must register with the BidBlab and setup a Member profile.
4. Users will provide truthful information with all correspondence and usage of the website bidblab.com
5. Users understand that any answers given to any community questions are the sole thought and or opinion of the user and has not been copied from any other source than the intellectual thought of the user.
   
6. Before each Auction, BidBlab will determine the maximum Bid amount for each Auction and the Closing Date and Time of the auction. The maximum price will be displayed for each Auction and is referred to as the "Bid Blab Price".
7. Participants in the Auction will submit Bids less than or equal to the "Bid Blab Price".
8. Each Auction is independent of all other Auctions. Every Auction will have a Unique Auction number.
9. Each Auction will close when it meets the closing requirements as described herein this Users Agreement. After the Auction closes, the Participant that submitted the winning (successful) Bid is determined. The Successful Bid is the highest unique Bid for the offered item out of all Bids received for the Auction. A unique Bid is a Bid that is not identical to any other Bid submitted in that Auction.
10. Once identified, the Successful Participant in an Auction is extended an offer to purchase the product and/or service for the Successful Bid submitted by them in that Auction, as described herein this Users Agreement.
11. After receiving payment for the Successful Bid from the Successful Participant, the Company will ship or deliver the product and/or service via methods described herein this Users Agreement to the address contained in the Successful Participants Member profile at the time the Bid was submitted and accepted by the Company.
    
2. Acceptance of Terms Through Use.
1. By using this site or by registering as a Member or by placing Bids on this site or by clicking "I Agree" to this Users Agreement, you (Hereinafter: "User") signify your agreement and acceptance of these terms and conditions. If you do not agree to this agreement please do not use this site and do not register as a Member and do not place any Bids and do not click "I Agree". Please check this agreement periodically for changes as BidBlab reserves the right to revise this agreement and your continued use of this site following the posting of any changes to this agreement constitutes acceptance of such changes. BidBlab reserves the right to terminate a User's use of the site at anytime without notice and may do so for any breach of this agreement or the instructions on this site by the User.
2. Users must be 18 years of age or older to agree to this user's agreement and register as a Member and to use this site.
3. Upon your agreement to this Users Agreement, BidBlab hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Users Agreement and as permitted via instruction on this site. You agree not to make any false or fraudulent statements in your use of any portion of the bidblab website or to gain access to this site. You acknowledge and agree that all images, ideas, intellectual property, designs and services available on this site are the property of BidBlab and its advertisers or licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and intellectual property rights and laws, in the U.S. and internationally. All rights not expressly granted herein are reserved by BidBlab, its advertisers and licensors.
4. Except as may be explicitly permitted through use, you agree not to download, cut and paste, sell, license, rent, lease, modify, distribute, sell, reproduce, transmit, publicly perform, publish, adapt, edit or create unoriginal works from concepts, code or content contained on this site. Systematic retrieval of data or other content from this site to create or reproduce directly or indirectly, intellectual, application, database or directory information or contents without written permission from the BidBlab is prohibited. In addition to the above, any use of content or materials developed by BidBlab and/or its affiliates for any purpose not expressly permitted in this agreement is prohibited.
5. You agree to use your best efforts to protect and prevent access to this site through your Username and Password by anyone other than yourself, including, but not limited to, keeping such information strictly confidential, notifying BidBlab immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
6. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents or materials on or received by this site. You understand that the company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its advertisers and licensors.
3. Definitions
1. "Member" is a person, 18 years of age or older, with a valid credit card or accepted method of payment who has completed the Membership form, agreed to the terms of this Users Agreement and the web site, read and understands the privacy policy, and has been accepted by BidBlab after completing their member registration forms.
2. "Community" is the body of members that participate in the asking and answering of questions on bidblab.com; and or participants of auctions that are conducted at bidblab.com.
3. "Community Question" are questions asked for the purpose of receiving truthful life experience and or opinions of a member of the site bidblab.com.
   
4. "Community Answers" are truthful life experiences or opinions to community questions by members of the site bidblab.com.
   
5. "Placed Bid" is a valid Bid in which the User has placed a bid amount in the bid box of the website and the bid credit has been deducted from the users bid credits.
6. "BidBlab Credit" is virtual credits used to bid on a BidBlab Unique Auction. There is no monetary value associated to these credits and are only usable on a BidBlab Unique Auction. Members can earn BidBlab Credits in various ways available to members in the Earn Credits section of the BidBlab site.
7. "Bid" is an offer submitted by a Member, in an Open Auction, that does not exceed the "Bid Blab Price" set for that particular Unique Auction and meets the rules as defined in this Users Agreement to be considered a Bid.
8. "Closed Auction" is an Auction for a product and/or service that has ended by meeting the criteria to end as set forth by BidBlab in this Users Agreement.
9. "Confirmation E-mail" a message e-mailed to a Participant in an Auction that confirms the Participants Bid in an Auction.
10. "Duplicate Bid" is a Bid submitted by a Participant in a Unique Auction where another Participant(s) has submitted a Bid(s) for the identical amount.
11. "Unique Bid" is a Bid Submitted by a Participant in a Unique Auction where there is no other current bid that meets that exact number; this status can change during the auction according to bids placed by other Participants on the auction.  
12. "Highest Unique Bid" is a Bid Submitted by a Participant in a Unique Auction where it is the Current Highest Unique Winning Bid; this status can change during the auction according to bids placed by other Participants on the auction.  
13. "Bid Blab Price" is the maximum price that a Participant can Bid in a Unique Auction. The "Bid Blab Price" will be set by BidBlab, at its sole discretion, prior to opening the Auction and will be posted on the Auction information page, and the Auction Bidding pages for each Unique Auction.
14. "Open Auction" or "Active Auction" is a Unique Auction for a specific product and/or service, which has not Closed, in which Participants can submit Blind Bids, and has not been closed as set forth in this Users Agreement.
15. "Participant" a Member that submits a Bid, which is accepted, in an Open Auction.
16.  "Promotion Code" is a designator that identifies where a referral for the site originated.
17. "Winning Bid" is the highest Accepted Bid with the highest unique value submitted by a Participant in a specific Unique Auction. All Duplicate Bids WILL NOT be considered as the Winning Bid.
18. "Suggested Retail Price" or "SRP" is the price supplied to BidBlab by our partners and/or distributors. The SRP is typically equal to the Manufacturer's Suggested Retail Price (MSRP) for a particular product and/or service, though BidBlab does not warrant that the SRP will always be equal to the MSRP.
19. "Unique Auction" or "Auction" is an Auction set forth in this Users Agreement and has a unique code to identify it.
20.  "Auditor" the accounting offices shall audit the Auctions and other transactions as described herein.
4. Auction Process
   BidBlab will determine for each Unique Auction, amongst other things, the following minimum details:
1. The product and/or service being offered in each Unique Auction;
2. the unique code defining each Unique Auction;
3. the "Bid Blab Price" for each Unique Auction;
4. the "Bidding Credits" required to participate in each Unique Auction;
5. the "Date and Time" the auction will close;
6. the "SRP" of the product and/or service being offered. BidBlab is not responsible for any variances between the SRP and published MSRP for a particular product and/or service offered in an Auction;
7. Participants may place Bids on the auction as long as they have the required BidBlab Credits available for a particular auction. When an Auction closes the Winning Bid will be determined.
8. Once an Auction closes, the Winning Bidder is given the right to purchase the product and/or service at the price defined by their Winning Bid. BidBlab will pay all taxes and shipping expenses, unless otherwise stated in the Auction's details. If a Participant fails to pay the Winning Bid amount, as defined in this Users Agreement, they will forfeit the right to purchase the product and/or service.
9. Participants have the right to cancel their purchase of a product and/or service if their Bid is deemed as the Winning Bid. If a Participant chooses to cancel their right to purchase a product and/or service the company reserves the right to re-offer cancelled or forfeited products and/or services in a new Unique Auction.
10. BidBlab attempts to set the "Bid Blab Price for each Unique Auction to between 5% and 20% of the SRP for that product and/or service. Though very unlikely, if it becomes possible to purchase, through other means, the identical product and/or service at a price that's less than the "BidBlab Price", the Company will not be held responsible.
11. If for some reason there is no High Unique Bidder at the close of an auction all BidBlab Credits used on that auction will  be refunded to the Bid Blab Member.
    
5. Registering as a Member
1. Before being eligible to participate in Asking Community Questions, Answering Community Questions, or Bidding in any BidBlab Auction each user must register as a Member of the site and agree to the terms of this Users Agreement.
2. A user must be 18 years of age or older and have a valid credit card or alternate method of payment prior to participating in an Auction.
3. Each individual user may register only once. If it is determined that the same user has registered with multiple identities, the company may at its sole discretion cancel that users Bids in all Auctions and suspend their account(s).
4. Unless authorized by the Company in advance, each household is limited to 2 individual Members.
5. A user will be required to submit their real name, username, email address, home or shipping address, and a valid phone number.
6. Upon registering with the website a user will be required to select a unique Username and Password. The user agrees that once issued a Username and Password by BidBlab, they will use their best efforts to protect and prevent access to this site through their Username and Password by anyone other than the user. The Password chosen by the user must be "strong" and not be easily guessed by a third party.
7. Users agree to provide factual and accurate information during registration and authorize, if their Bid is selected as the Winning Bid, certain information from their Member profile may be posted on the web site in accordance with the Company's privacy policy.
8. BidBlab will not be held responsible for typos or incorrectly entered Promotion Codes. In the event a user enters an invalid Promotion Code, BidBlab will not be held responsible
9. Employees of BidBlab that have access to bidding data may not become Members nor participate in any Auctions.
6. Participating in Answering and Asking Community Questions
1. Members are expected to only publish truthful life experience or personal opinions while participating in answering the community questions.
2. Refrain from using distasteful language to describe your thoughts.
3. Do not copy and paste any information from other sources into the bidblab.com site. You are expected to generate your own material that makes sense to the questions being asked. 
4. Do not use any section of the answering questions as place for posting advertisements for yourself or another entity do not spam the site. 
5. Your thoughts and views may not reflect that of BidBlab and or employees of BidBlab.
   
7. Participating in an Auction
1. Members may submit Bids through Bid Blab LLC Internet web site (http://www.BidBlab.com). BidBlab reserves the right to define additional Bid submission methods. BidBlab may also, at its sole discretion, terminate a specific method and/or methods of submitting Bids with or without notice.
2. Any valid Member has the right to submit a Bid and/or Bids in any Open Auction.
3. Members are required to maintain accurate information in their Member profile. If inaccurate information or invalid billing information is submitted the Participant's Bid(s) may be canceled.
4. The Company is not responsible for the inability to place a Bid for any reason including the inability to access the web site, and/or any other technical difficulties of any kind.
5. Participants who submit credit card information represent, warrant and covenant that
1.  the credit card information supplied is true, correct and complete,
2. the charges incurred will be honored by the credit card company, and
3. the Participant will pay such charges when due.
8. Bids and Bid Credits
1. BidBlab Credits are used to place bids in an Auction.
2. Participants BidBlab Credits will be decremented each and every time they place a new bid on an auction.
3. All Placed Bids will be confirmed with a Confirmation E-mail.
4. The BidBlab Credit required for every Bid will be clearly posted for each Unique Auction and will not be adjusted during that auction.
9. Requirements for Closing an Auction
1. An Auction will become a Closed Auction once the Date and Time that was posted at the beginning of the auction has elapsed.
2. Once an Auction closes the Successful Bidder will be determined via the following minimum steps:
1. All Bid credits will be verified. Any unqualified or unaccepted Bids will be disqualified;
2. All Duplicate Bids will be disqualified;
3. All unique Bids will be identified;
4. The Successful Bid will be determined as the highest remaining unique Bid.
5. WITHIN FIVE (5) BUSINESS DAYS from the close of an Auction, BidBlab will publicize on its web site and/or via alternate methods, as deemed appropriate by BidBlab, the Successful Bid for the Auction. This notification will include the price submitted by the Successful Participant for that Auction, the total number of Bids accepted for the Auction and any other details or information the Company deems appropriate including the Participants Username, likeness and/or state of residence. Furthermore, the Successful Bidder authorizes the Company to e-mail, in the Participants name, members of BidBlab and friends referred to the Company by the Participant, with the results from the Auction.
6. The Successful Bidder will be notified via e-mail. If the company is unable to contact the Successful Bidder via e-mail WITHIN FIVE (5) BUSINESS DAYS, BidBlab may at its sole discretion and has the right to notify Successful Bidders via telephone, standard mail or any other means that it deems necessary and appropriate.
7. The amount of the Successful Bid will be billed to the Successful Bidder for the Auction they became the Successful Participant in.
8. Each Successful Participant will provide to the Company, credit card and/or any other accepted payment method details and/or any additional details as demanded necessary by the Company, for the purpose of billing their account in the amount of the Winning Bid.
9. The submission of the Participants credit card details is an agreement with BidBlab to bill their account for the price of the Successful Bid for the product and/or service offered in the Auction and to accept additional payment verification methods such as the signature of the Successful Participant on a credit card payment slip, delivery slip, and/or via other methods.
10. The Successful Participant must complete the final payment transaction within forty-five (45) business days of the Auction becoming a Closed Auction. The transaction will be considered complete when BidBlab has received full payment for the Successful Bid amount.
11. If the Successful Participant fails to submit full payment in the amount of the Successful Bid within the designated time period, they will forfeit the right to purchase the product and/or service. In such a case, the Company reserves the right, but is not obligated, to award the Successful Bid to the next highest unique Bid for that Auction, or the company may re-offer the forfeited products and/or services in a new Unique.
10. Delivery of Products and/or Services
1. The delivery and/or supply of a product and/or service offered in an Auction is dependent on all conditions as stated in this Users Agreement being meet. Deliver and/or supply of the product and/or service to the Successful Participant will NOT take place until the entire amount of the Successful Bid, as submitted by the Successful Participant in the Unique Auction.
2. The product and/or service, a certificate or other means of entitlement that allows the Successful Participant to receive the offered product and/or service will be shipped to the address that was provided by the Successful Participant in their Member profile at the time their payment was submitted.
3. BidBlab will determine the method of delivery at its sole discretion and such delivery shall completely fulfill BidBlab's obligation to supply the product and/or service to the Successful Participant.
4. The Successful Participant may not make any claim nor file any complaint against BidBlab with regards to not receiving a product and/or service offered in an Auction, because of, but not limited to, a change of shipping address as submitted by the Successful Participant and/or by providing an incorrect and/or inaccurate address.
5. BidBlab will deliver or arrange the delivery of the product and/or service, or, at the Company's discretion, a certificate or other means entitling the Successful Bidder to receive the product and/or service at a agreed upon location within forty-five (45) business days, from the day that Successful Participant meets the requirements for product delivery as described herein this Users Agreement, unless otherwise stated by BidBlab.
6. The Successful Bidder authorizes BidBlab to extend the delivery date for any reason that is outside of BidBlab's control or responsibility and/or for any reason that relates to third parties including suppliers and delivery agents.
7. The Successful Bidder may be obligated to produce two forms of personal identification, one of which must include a photo, (such as a state driver's license, passport, credit card, etc.) which correspond to the Successful Participants personal information, as submitted in their Member profile at the time of the placement of the Successful Bid, to verify their identity. If the Successful Participant does not or refuses to provide this information, the Company and its delivery agents will not be required to release and/or supply to the Successful Participant the product and/or service until such information is provided.
8. Shipping and/or delivery fees will be paid by BidBlab unless otherwise stated in the Auction or negotiated.
9. The Company will not be held responsible for nonessential differences between the descriptions publicized by BidBlab in an Auction and the actual products and/or services that are provided. In the event of a discrepancy between the description of the product and/or service and that, which is provided by the manufacturer and/or service provider, the manufacturers and/or service provider's description will be binding. For this matter, the term "nonessential differences" refers to inconsistencies that do not change the general purpose of the product and/or service. If the description of a specific product and/or service differs essentially from the actual product and/or service delivered, the Successful Participant, will have the right to;
1. accept the product and/or service as is; or
2. Cancel the Successful Bid and receive a return of all BidBlab credits used for that Unique Auction and this will be the sole claim of the Participant against the Company.
11. Product and/or Service warrantees
1. The distributors and/or manufacturers and/or importers and/or providers of the products and/or services offered in an Auction will distribute the product and/or service offered in the Auction to the Successful Participant as directed by the Company.
2. The Company makes no representations or warranties as to any of the products and/or services provided in the Auction and no claims may be made against the BidBlab based upon the products and/or services provided.
3. All product and/or service warranties will be provided (if provided) by the actual distributors and/or manufactures of the products and/or provider of services. No claims may be made against BidBlab for defective products and or services.
12. Bid Cancellation and Refund Policy
1. The Successful Participant of an Auction shall be entitled to cancel the purchase of the product and/or service after the Auction becomes a Closed Auction, at their sole discretion, in writing to the Company, by doing so; the Successful Participant will forfeit the right to purchase the product and/or service.
2. If an Auction is canceled for any reason, as defined in this agreement, the Members account will be credited with the appropriate quantity of Bid credits.
3. No confirmed and Accepted Bids may be canceled and/or refunded unless they meet the conditions described herein this users agreement.
4. If a Member receives a Confirmation E-mail and believes the Bid was placed fraudulently, they have twenty-four (24) hours from the time the Confirmation E-mail is sent to contest and/or cancel the Bid.
5. No Bid Credits will be refunded once an Auction closes and the Successful Bid is announced.
6. No Accepted Bids may be canceled and/or refunded unless they meet the conditions expressly described herein this Users Agreement.
13. Auction duration and conditions for cancellation
1. Once opened, a Unique Auction will remain an Open Auction until a declared Date and Time has expired stated at the beginning of the auction as stated herein this Users Agreement.
2. The Company is entitled to cancel or delay an Auction, in the event of extraordinary circumstances not within the control of the Company, which may cause delay or prevent the proper process of the Auction, prevents the Auction from being conducted properly.
3. The Company has the right to cancel an Auction and/or a Bid, if the Company suspects that the Bid was not submitted in good faith and/or with intention to deceive and/or in any case where the Company suspects ill and/or illegal use of a credit card. In no event shall the Company be held responsible for any purchases made with illegal use of a credit card.
4. If an Auction is canceled, BidBlab will refund the Bid Credits to the Participants within 45 days from the date the Auction was canceled.
5. The above shall not prejudice any right and/or claim the Company may have towards a third party.
14. Disclaimers
1. IN NO EVENT, OR AS PERMITTED BY APPLICABLE LAW, SHALL BID BLAB LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR INVESTMENT PROFITS, LOSS OF BUSINESS OR PERSONAL ASSETS, LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION, OR ANY AND ALL OTHER LOSS WHICH RESULTS FROM YOUR USE OF THIS WEB SITE, OR ANY INFORMATION OR INTERNET LINKS OBTAINED, ACCESSED, DOWNLOADED, COPIED, OR CALCULATED, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, DELAY IN, OR INABILITY TO USE THIS WEB SITE OR ANY INFORMATION OR INTERNET LINKS ACCESSED, OBTAINED, DOWNLOADED, COPIED, OR CALCULATED AND WHETHER ATTRIBUTABLE TO ERRORS, OMISSIONS, DAMAGES, INFECTED, NEGLIGENT OR INTENTIONAL INACCURACIES OF ANY INFORMATION OR INTERNET LINKS, WHETHER OR NOT THE PARTIES MAINTAINING THIS WEB SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER SUCH RELATED CLAIM(S) ARE BASED IN CONTRACT, TORT, CIVIL, OR OTHERWISE. THE PARTIES MAINTAINING THIS WEB SITE SHALL NOT BE LIABLE OR RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES YOUR OR ANYONE ELSE'S COMPUTER SYSTEM, PROGRAMS, OR DATA.
2. BID BLAB LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY DATA CONTAINED ON THIS WEB SITE AND/OR ANY PRODUCT DESCRIBED OR PROMOTED ON THIS WEB SITE, INCLUDING WARRANTIES WITH RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER RIGHTS OF THIRD PARTIES.
15. General
1. Details of Bids submitted by Participants are kept in strict confidentiality until the closing of the Auction. Only the Licensed Auctioneer will be entitled to observe the different Bids while an Auction is an Open Auction.
2. All Auctions are under the supervision of a Florida Licensed Auction Business and an Florida Licensed Auctioneer.
3. If there are any additional or extraordinary taxes and/or payments according to law applying to an item offered in an Auction not expressly defined in this Users Agreement as being paid by BidBlab, they will be paid by the Participant.
4. The headings of this Agreement are for convenience only and should not be used for the purposes of interpretation of the agreement.
5. This Agreement shall be governed by and in accordance with the laws of the State of Florida. In the event that a dispute arises as to enforcement, interpretation or implementation of this Agreement, the parties herein consent to personal jurisdiction in the State of Florida and venue in the United States District Court.
6. BidBlab will not be held responsible for the use of Bid details and/or other information given by Participants when submitting Bids, including through the Internet web site of the Company, by parties that are not BidBlab and/or its employees, including hackers and/or parties that may penetrate the files of the Company's website.
7. Members are encouraged to seek information from the manufacturer and/or service provider for the detailed specifications of the products and/or services offered through the Auctions.
8. No provision of this Agreement may be waived, except by a written waiver signed by both parties.
9. In the event that one or more of the provisions or portions of the provisions of the herein Agreement is declared, invalid, void, illegal or unenforceable, in any respect, the validity, legality and enforceability of the remaining provisions or portions of the provisions contained herein shall remain effective and binding, and shall not be affected or impaired thereby.
10. This Agreement shall be binding upon all parties hereto, as well as their agents, servants, successors, assignees, licensees and transferees.

Updated: December 11, 2011