TERMS & CONDITIONS
The following Terms & Conditions ("Terms & Conditions") shall apply to the relationship between ZPD, LLC d/b/a AnniesBid.com ("AnniesBid.com") and the end user ("User"). By using AnniesBid.com's services and accessing AnniesBid.com's website ("Site"), User accepts these Terms & Conditions and agrees to be bound by these Terms & Conditions.
1. Site Access. AnniesBid.com grants User a limited license to access the Site, and not to download or modify it, or any portion of it, except with express written consent of AnniesBid.com. The license granted by AnniesBid.com expressly excludes resale or commercial use of the Site; reproducing, copying, or downloading any account information; or any use of data mining, robots, or similar data gathering and extraction tools. User is prohibited from copying, using, or duplicating any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AnniesBid.com without the express written consent of AnniesBid.com. AnniesBid.com reserves the right to terminate Users access to the Site and the license provided herein upon any unauthorized use of the Site.
2. Eligibility. By registering, User agrees that User is a natural person and resident of the United States, eighteen (18) years of age or older, meets all other eligibility requirements contained in these Terms & Conditions, and otherwise competent and able to enter into binding contracts. By using AnniesBid.com, User warrants that User has the right, authority and capacity to enter into this agreement and to abide by all the Terms & Conditions. Employees, members, managers, officers, and agents of AnniesBid.com are prohibited from using the Site. User is prohibited from using external software to automatically place bids in the auctions and AnniesBid.com reserves the right to disqualify bids based on use of such software. Commercial Use of AnniesBid.com is expressly prohibited. User shall not collude with other users in using the services provided through the Site. AnniesBid.com reserves the right to terminate any User accounts suspected of collusion. User may not collude to exchange information with other AnniesBid.com Users.
3. User Account. In order to access the Site, User must create an account with AnniesBid.com ("Account"). User may register only one account on AnniesBid.com. AnniesBid.com reserves the right to limit, in its sole and absolute discretion, the number of accounts per household. AnniesBid.com limits the number of accounts per natural person and/or per household to one (exceptions may apply –contact Support@AnniesBid.com). Registration requires the User to select a username, which AnniesBid.com reserves, in its sole and absolute discretion, the right to reject or change for any reason. User is solely responsible for maintaining the confidentiality of User's account username and password and for restricting access to Users computer. User agrees to accept full responsibility for all activities that occur under User's account username or password. AnniesBid.com will never ask for User’s password except at login. User should never provide User’s account password to anyone, even AnniesBid.com employees. User agrees to provide accurate information at registration and any detection of misleading information could result in termination of User account with no refund to any purchases made. User agrees that at AnniesBid.com request, he/she shall alter his/her bidding name to a substantially different name should user fail to meet any participation requirements described in the AnniesBid 101, AnniesBid 201, or Support pages. AnniesBid.com reserves the right, in its sole and absolute discretion, to refuse service, terminate accounts, cancel orders, or disqualify User, for any reason whatsoever, including, but not limited to, a violation of this Terms & Conditions or any applicable law. If AnniesBid.com or User terminates User's Account, any unredeemed Bids will be deemed immediately expired, forfeited, and not redeemable. By registering for an Account with AnniesBid.com, User consents to receive electronic communication from AnniesBid.com, for example, communications related to User's transactions with AnniesBid.com, shipments, and customer service. AnniesBid.com also reserves the right to communicate with User for marketing purposes from time to time; however, User will have the option to opt out or unsubscribe from such marketing communications at any time.
4. Purchasing for Bids. User must purchase auction bids ("Bids”) prior to bidding. Bids shall be purchased in bundles ("Bid Packages") and prices indicated on the site, which may change from time to time. Payment for Bids may be made by major credit card or debit card. User payment information must match the information registered with AnniesBid.com. A single credit card may not be used in conjunction with multiple user accounts. Upon placing a bid in an auction, AnniesBid.com shall deduct a Bid from User's Account. All bids (“Bids”) placed by User are non-refundable. User’s balance of unused bids is visible in the top right area of all pages on AnniesBid.com. Refunds will not be issued for used Bids, expired Bids, cancelled Bids, Voucher Bids, or Bids won in an auction. For purposes hereof, each Bid shall have a cash value equal to the purchase price paid for each bid ("Bid Cash Value"). For bids purchased in a Bid Package, the purchase price paid for each bid shall be equal to the purchase price of the Bid Package divided by the numbers of bids purchased in the Bid Package. In some purchased bid packages, a portion of the purchased bids are donated to the featured cause at default. Payment can be made by credit card or via PayPal. The card issuing bank may charge you a foreign
transaction fee - please refer to INTLServiceFee.com. DalPay Retail is the authorized retailer of products and services supplied by AnniesBid.
5. Win, Bid and Other Limits. AnniesBid may impose limits on the number of auctions that users can win or bid on at any one time at its sole discretion. Such limits are published in the Support FAQ, which all Users should review. All items purchased through the Buy It Now option do not count towards the limit. Each auction win records shall be displayed under the User’s account information. In the event the auction records of a User are not displayed, the User may contact AnniesBid.com customer service support for further inquires about the User's action wins. AnniesBid.com shall track and enforce the win limit, bid limit and other limit functions to ensure a safer and equal bidding environment. Notwithstanding anything contained in these Terms & Conditions and the win limits contained in this Paragraph, AnniesBid.com reserves the right to further limit, in its sole and absolute discretion, the number of auctions won per account, and to impose any other limits on wins, bids, or other activity, with or without prior notification. Users understand that they may be prevented from bidding on auctions they have already placed bid on should they win as many auctions as permitted by the Win Limits or Bid Limits. Users accept sole and full responsibility for loss of bids or auctions that they are unable to continue to bid on due to earlier wins that cause them to meet a Win Limit. In the event that a User has bid on several multi-day or manually determined auctions, including but not limited to the Rolling Reserve auction type described in the Anniesbid 201 page, the User accepts that he/she shall only be allowed to win that number of auctions that shall cause the user to not exceed his or her win or bid limits. The User accepts that in the event he / she is the last bidder after such auctions close above the minimum value (reserve), AnniesBid shall award that number of actions permitted by the Win limits, in chronological order of auction close time. Any such Rolling Reserve or other manually determined auctions that shall have closed with the User as the last bidder that exceed the Win Limits shall be voided, restarted, or awarded to an alternate User, at AnniesBid sole discretion and in accordance with the rules of that particular auction. The User accepts and understands that any and all bids placed on such auctions shall be considered used and forfeited.
6. Voucher Bids. From time to time, AnniesBid.com may issue User voucher Bids (“Voucher Bids”). Voucher Bids are non-transferable and have no cash value, and can only be used to bid on items in an auction on AnniesBid.com. Voucher Bids expire after ninety (90) days after the date of issue. Voucher bids may be issued to Users as part of auctions, contests, special promotions, or as part of resolving customer service matters. As such, AnniesBid reserves the right to offer voucher bids to individuals, all users or groups of users at its discretion, for any reason, subject to paragraph 2.
7. AnniesBid.com Auctions. Auctions on AnniesBid.com are bidding fee auctions and are inherently risky. User's expressly acknowledges that by participating in an auction on AnniesBid.com, User is engaging in a skill based competition to win prizes at a discount, and that User's participation in an AnniesBid.com auction is at User's own risk. User acknowledges that User has accessed and reviewed the information provided on AnniesBid.com in the “AnniesBid 101” page and other pages on the site that describe AnniesBid auctions. During an AnniesBid.com auction, if a User or any other user of AnniesBid.com submits a Bid with less than fifteen (15) seconds remaining on the auction, the auction timer will reset to (15) seconds. The auction concludes after the time remaining on the auction expires and provided that other conditions for an auction ending are met, such as for example an auction’s price reaching a minimum reserve price in the case of a reserve auction. User understands that AnniesBid shall operate auctions with varying rules and conditions from time to time, and that individual auctions may feature varying winning conditions and other rules. These conditions and rules will be described in detail on that auction’s detail page, the AnniesBid 101 or AnniesBid 201 pages, and related pages. Users of this site agree that they shall review such rules on aforementioned pages prior to bidding on an auction and, should they bid, acknowledge that they have read and accepted those win conditions and shall be subject to those rules. At the expiration of the auction, the auction screen may display "Closing" or “0” for a period of up to two (2) seconds to allow for the auction and the Site to register any bids that were received by AnniesBid.com servers in a timely manner but whose presentation to other Users may appear delayed due to network latency. The person submitting the final Bid prior to the auction closing and meeting any other win conditions specific to that auction, based on the records of AnniesBid.com, shall be declared the winner. All decisions made by AnniesBid.com regarding auctions shall be conclusive and binding.
8. Buy it Now. In the event User does not win the auction, AnniesBid.com shall offer User the option to purchase the item ("Buy it Now") for the difference of (1) the full retail price as determined and disclosed by AnniesBid.com plus applicable taxes, shipping and handling, and transaction fees as determined by AnniesBid.com; and (2) the Bid Cash Value of the purchased Bids used by User in that auction (Voucher Bids cannot be credited to the Buy it Now price) less the Charitable Donation, as defined in Section 10, hereof. The option to Buy it Now will be offered for twenty-four (24) hours after the auction ends, after which the option to Buy It Now shall lapse. In the event that a user has a combination of purchased and Voucher Bids, a user when bidding shall use the first bids acquired and proceed to the last bids. This “first in first out” principle shall determine which bids are allocated during bidding by a user and used to calculate the But it Now price for corresponding auctions.
9. Purchase of the Item. After an auction has ended, the successful bidder will be directed to a website page that will allow the successful bidder to enter payment and shipping information, in order to claim the item and pay the total bid amount (the product of the number of Bids submitted in the auction and one cent ($.01)) for the item, plus applicable taxes as determined by AnniesBid.com, and shipping and handling. Auction winners shall have seven (7) days to purchase the item, after which time User shall have forfeited the right to purchase the item. Similarly, users that exercise their option to “Buy It Now” will be directed to a website page that will allow the user to confirm the desire to “Buy It Now”, enter payment and shipping information, and pay for the item as set forth in Section 6, hereof. For any purchase made through AnniesBid.com, User agrees to be responsible for paying any and all applicable local, state, or federal transfer, excise, or sales tax on the transaction, except as otherwise collected by AnniesBid.com. If the User chooses to pay for the item by credit card and the sales price is lower than $1, then the price will be rounded up to $1. AnniesBid’s credit card processing company does not accept fees lower than $1 as a procedure designed to reduce the chances of attempted fraud.
10. Returns and Refunds. User shall have the right to return items purchased following a winning auction or “Buy It Now” purchase. User has fourteen (14) days after delivery to return an item at the following address:
AnniesBid.com c/o Polar Design
600 Unicorn Park Dr.
Woburn, MA 01801
User is responsible shipping costs on returned items and items returned must be in an unused and unopened condition after obtaining a valid Return Merchandise Authorization (RMA) number. Upon returning an item, AnniesBid.com will credit User's account via the same method of payment utilized by User for the amount paid by User for the item pursuant to Section 7, hereof. Unused purchased bid packs may be refunded, at full value of initial purchase, within 30 days of purchase. Any requests for unused bid refunds after 30 days will be considered only on a case by case basis at AnniesBid.com's sole discretion pursuant to the per bid value as set forth in Section 4, hereof. In no event shall AnniesBid.com refund used Bids, Bids remaining in a partly used bid package, the Bid Cash Value of the Bids submitted by Use in the auction, or the purchase price of the Bid Packages.
11. Shipping. AnniesBid.com shall ship all items purchased through AnniesBid.com within thirty (30) days of purchase. AnniesBid.com shall clearly display all shipping and handling costs for each item. The successful bidder or user electing to exercise their “Buy It Now” option will be responsible for the full shipping costs as displayed by AnniesBid.com. Delivery will be made to the address supplied by User at the time of purchase. Unless otherwise stated, delivery is available within the 48 contiguous United States, Alaska and Hawaii. Some restrictions, higher shipping costs, or longer delivery times may apply to shipments to Alaska or Hawaii, which AnniesBid.com shall disclose. AnniesBid.com shall utilize third-parties to deliver the items. User is responsible to inspect the item and report any damage to AnniesBid.com promptly upon receipt.
12. Charitable Donations. At any given time, AnniesBid.com will promote one or more charitable organizations ("Featured Charity") to which it will make a charitable donation based on the number of Bids and Bid Packages purchased by users. AnniesBid.com shall donate to the Featured Charity a portion of each purchased Bid Package. The amount of the donation shall equal a portion of the product of the Bid Cash Value and the numbers of Bids purchased in the Bid Package ("Charitable Donation"). The percentage of the Bid Cash Value to be contributed to the Featured Charity and the amount allocated to each Featured Charity shall be displayed and disclosed to User, but may vary at the sole and absolute discretion of AnniesBid.com. AnniesBid.com is not a tax-exempt organization under state or federal tax laws and makes no representation or warranty regarding the tax deductibility of any portion of the purchase price of any Bid Package purchased by User. AnniesBid.com does not promote or endorse the cause of any Featured Charity.
13. Data/Bidding Strategies Provided by AnniesBid.com. From time to time, AnniesBid.com may make available to User certain data related to auctions and users bidding on auctions including but not limited to bidder name, number of Bids, number of auctions bid upon, number of auctions won, item auction history, item pricing, and the like. This data is provided to User by AnniesBid.com in an effort to assist User in implementing bidding strategies. AnniesBid.com makes no warranty for the accuracy or efficacy of this data in formulating winning bidding strategies and use of such data in formulating such strategies is undertaken solely at User's own risk. In a similar fashion, AnniesBid.com may provide tips and hints related to bidding strategies. These tips, hints and bidding strategies are provided to User by AnniesBid.com in an effort to assist User in implementing bidding strategies. AnniesBid.com makes no warranty for the accuracy or efficacy of these strategies in formulating winning bidding strategies and use of such information in formulating such strategies is undertaken solely at User's own risk. AnniesBid.com reserves the right to discontinue the provision of this data at any time and to determine what data is appropriate for release to the public or to individual Users. Users of AnniesBid.com agree and understand that data on current or past auctions is subject to revision at any time, at AnniesBid.com sole discretion. Under no circumstances shall AnniesBid.com release information to bidders that reveal another bidder’s identity including real name, location, or other personally identifiable information, except that AnniesBid.com reserves the right to share such data with law enforcement authorities, legal counsel, or other third parties as required by paragraph 17.
14. System Outages. At present, and with current technology, AnniesBid.com acknowledges that it is impossible to operate with 100% guaranteed uptime. In some cases, system outages may interrupt the ability to view or bid upon auctions, or to purchase bids. In the case of excessive outages, AnniesBid.com will halt all auctions and bidding on those auctions until the system outage is resolved. Auctions that are halted will be clearly designated as such and the highest bid shall remain. AnniesBid.com will make commercially reasonable efforts to resume the auctions after the outage is resolved. In the event of a system wide outage that prevents User from bidding, AnniesBid.com will refund Bids used in auctions that User were participating in at the time of the auction. AnniesBid.com makes no guarantee of uninterrupted service caused by User's hardware or software, or User's connection to the Site. AnniesBid.com does not provide service or support for any technical difficulties, or hardware or software failure of User. AnniesBid.com shall not be responsible for any damages or losses as a result of any malfunctions or problems in equipment and/or software, without any fault of AnniesBid.com. User understands that the he or she shall use AnniesBid.com real time auction functionality, including but not limited to bid timers, bidding, and auto-bidding functionality at the user’s own risk and agrees that AnniesBid.com shall not be responsible for lost bids or auctions in the event such functionality is limited or fails as a result of network latency or Internet congestion. Users understands and agreed that AnniesBid.com shall not be responsible in the event the user is unable to purchase bids at any time during the course of an auction thereby causing a user to lose that auction.
15. Security. User authorizes AnniesBid.com to conduct security reviews at any time to, among other things, validate User's identity, age, place of residence and other registration data provided by User, check the manner in which User is bidding or participating in the auctions and verify User's financial transactions to prevent money laundering, potential breach of these terms and conditions and/or any applicable law. User authorizes AnniesBid.com to make inquiries of User and User agrees to provide such information or documentation as AnniesBid.com may reasonably request in order for AnniesBid.com to undertake a security review. User authorizes AnniesBid.com to use the information or documentation User provides to AnniesBid.com, and disclose it to any third party AnniesBid.com considers necessary in order to check, verify or validate it. In the event such proof is not provided or in case AnniesBid.com is not satisfied with the documentation provided, AnniesBid.com has the right to suspend or permanently remove User's account and cancel any auctions won by User. Any user of an unverified account will forfeit the right to receive any items or be refunded for any payments made, bids placed, and bids remaining in the account.
16. Collusion and Unauthorized Programs. User shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to User or third party’s participation in the auctions and shall not use any unapproved software–assisted methods or techniques or hardware devices for User's participation in the auctions. In the event of such behavior or in the event AnniesBid.com has reasonable ground to suspect that such behavior has taken or is taking place, AnniesBid.com hereby reserves the right to invalidate or close User's account or participation in the auctions and to sanction the User in any manner deemed appropriate by AnniesBid, including but not limited to voiding User’s wins and cancelling orders.
17. Fraudulent Activity. Any abuse of a user account or violation of these terms and conditions by User shall result in the disqualification of User, the termination of User's account, and may also result in criminal proceedings. AnniesBid.com prohibits any and all inappropriate and fraudulent activity, and will seek criminal and contractual sanctions against any user involved in or suspected of involvement in fraud, dishonesty or criminal acts, or collusion or suspected collusion with other persons involved in fraud, dishonesty or criminal acts. This includes, but is not limited to, cheating, attempting to defraud us or other users of the Site, payment fraud, payment reversals, use of stolen credit cards, money laundering or other attempts to deposit funds obtained from ill-gotten means. AnniesBid.com will withhold all payments and shipments of products to Users where User's involvement in any of the above acts or activities is suspected and AnniesBid.com reserves the right to suspend or close User's account and bar User from further participation in the Site, and withhold any items won and/or purchased by User. If AnniesBid.com deems it appropriate, in its sole and absolute discretion, AnniesBid.com may share information regarding your fraud, dishonesty or criminal acts (including your personal data) with anyone governmental authority or anyone otherwise deemed necessary, including banks, payment gateway providers and credit card companies. Furthermore, User is prohibited from gaining unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
18. Content Policy. User may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third-parties or objectionable within the sole and absolute discretion of AnniesBid.com, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. If User chooses to post content or submit material, User grants AnniesBid.com a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. User represents and warrants that User owns or otherwise has the rights to post the content; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity. User agrees to indemnify AnniesBid.com for all claims resulting from content supplied. AnniesBid.com may monitor, edit, or remove any content at its sole and absolute discretion, and may do so at any time without any notice. AnniesBid.com does not endorse any user content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability for any content posted by a user or any third-party.
19. Third-Party Websites. The Site may contain links to other websites operated by third-parties, and, in particular, websites operated by the Featured Charity. AnniesBid.com assumes no liability for the content of external links. The operators of the sites linked to and from the Site are solely responsible for their contents. User shall carefully review the terms and conditions of such sites, including their privacy policies, if any, before visiting them.
20. Prohibited Conduct. User shall only use and access the Site for lawful purposes. User agrees to be bound by all applicable local, state, national and foreign laws, treatises, and regulations in connection with User's use of the Site. Without limitation, User agrees shall not: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any content in violation of these Terms & Conditions; (c) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating “AnniesBid.com”; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, Voucher materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any user to the Site; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; (h) Collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent User's affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms & Conditions; (l) Use any third party bidding software or other "bot" to assist in bidding or harvesting site data; (m) Strategically cooperate with other users in an auction or collude to exchange information with other users; (n) Create more than one user account; or (o) Request a chargeback from the User’s credit card company against any amount for any purchase, whether a bid package, product won at auction, or other purchase without the prior consent of AnniesBid. User understands that violation of any of these rules or any other provision in this Terms of Service may result in the voiding of any wins, cancelling of any orders, with or without additional compensation, and other sanctions deemed appropriate and at the sole discretion of AnniesBid.
21. Limitation of Liability. IN NO EVENT WILL ANNIESBID.COM BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM USER'S USE OF THE SERVICES, EVEN IF ANNIESBID.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THE DAMAGES ARE CAUSED BY ANNIESBID.COM'S RECKLESS, NEGLIGENT, OR INTENTIONAL CONDUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANNIESBID.COM'S LIABILITY TO USER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY USER TO ANNIESBID.COM FOR BID PACKAGES IN THE 12-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.
22. Disclaimer of Warranties. THE ITEMS THAT USER MAY WIN ON THE SITE ARE SOLD WITH THE MANUFACTURER’S LIMITED WARRANTY ONLY. USER ACKNOWLEDGES AND AGREES THAT THE WARRANTY PERIOD VARIES BY MANUFACTURER AND PRODUCT. ANNIESBID WARRANTS THE VALUE OF GIFT CARDS AND STORED VALUE CARDS FOR A PERIOD OF 90 DAYS AFTER PURCHASE OF WON AUCTIONS. NO WARRANTY APPLIES TO USED ITEMS. IF FOR ANY REASON USER IS NOT SATISFIED WITH ANY ITEMS PURCHASED THROUGH THE SITE OR WISH TO RECEIVE SUPPORT, USER MUST CONTACT THE MANUFACTURER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SITE AND THE PRODUCTS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND AND ANNIESBID.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING THERETO, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, ANNIESBID.COM DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; AND (II) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ANNIESBID.COM, INCLUDING WITHOUT LIMITATION ANY DATA OR BIDDING STRATEGIES PROVIDED UNDER THESE TERMS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FURTHERMORE, USER UNDERSTANDS AND AGREES THAT THERE IS NO GUARANTEE THAT USER WILL BE ABLE TO WIN ITEMS ON WHICH USER HAVE BID, AND THAT EVERY TIME USER PLACES A BID FOR AN ITEM, SUCH BID IS DEDUCTED FROM USER'S ACCOUNT AND CAN NO LONGER BE USED, WHETHER OR NOT USER WILL BE ABLE TO WIN THE ITEM.
23. Indemnification. User agrees to defend, indemnify, and hold AnniesBid.com, its managers, members, officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, expenses, and charge-backs, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) User's access to or use of the Site; (ii) User's violation of these Terms; (iii) User's violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim that any of User's content caused damage to a third party; or (v) any fraudulent claim that the charges on the Account or purchases made through the Site are invalid or fraudulent.
24. IP Ownership. AnniesBid.com owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of AnniesBid.com and its licensors, and is protected to the maximum extent permitted by US and foreign laws and international treaty provisions. Access and use of the Site does not grant User any right or license to the copyrighted material, trademarks, tradenames, logos, images, or other proprietary information of AnniesBid.com and its licensors.
26. Termination and Amendment. User may terminate User’s account at any time. User may carry this out by either not returning to AnniesBid.com, or by closing User account in accordance with AnniesBid.com standard procedure by deactivating their account from their profile page (http://anniesbid.com/account/profile) AnniesBid.com reserves the right, in its sole and absolute discretion, at any time to modify, discontinue, or terminate the Site, or otherwise modify these Terms & Conditions without any advance notice or warning to User. No material changes to these Terms & Conditions shall be effective until electronic notice has been provided to you of such changes, and your continued use of the Site will be deemed acceptance of any material changes to these Terms & Conditions.
27. Disputes; Arbitration; Jury Waiver; and Attorneys' Fees. These Terms & Conditions and any dispute relating to these terms will be governed by the laws of the United States and the laws of the State of Washington, without regard to choice of law rules. Any controversy arising out of or related to this Terms & Conditions or the User's use of the Site shall be settled by arbitration in King County, Washington, in accordance with the rules of The American Arbitration Association, and judgment entered upon the award rendered may be enforced by appropriate judicial action pursuant to Washington law. User and AnniesBid.com agree and consent that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings hereof will be exclusively in King County, Washington. User waives any right to a trial by jury. In the event of any disputes hereunder, the prevailing party shall be entitled to recover from the other party all of its attorney fees and other expenses incurred in connection with such arbitration and any appeal therefrom.
Last Updated: January 10, 2013