Terms & Conditions

Table of Contents

General Overview
Acceptance of Terms and Conditions
Variations or Changes
Eligibility
Registration and Participation
Referrals
How It Works
Fill It Up
bidwey Reserve
Line of Progression
Last-to-Act
Buying Bids and Promotional Bids
Bidwey Admin Codes
How to Bid
Contact and Billing Information
Delivery and Shipping
Returns and Cancellations
Product Descriptions
Product Disclaimer
Payments
Currency
Disqualifications and Terminations
Applicable Law
Disclaimer of Warranty and Liability regarding Use of bidwey services
Disclaimer of Warranty and Liability regarding Purchases from bidwey
Release
Children’s Online Privacy Policy
Privacy Policy
Publicity
Data Protection
Trademark and Copyright
System Outages and Temporarily Halted Auctions
External Links
Dispute Resolution
Arbitration Procedures and Costs
Severability
Questions

Acceptance of Terms and Conditions

By registering an account on the Site and logging in, Users acknowledge that they have fully read and consented to all of bidwey’s Terms and Conditions. Users further acknowledge, understand, and agree that bidwey reserves the right to modify the Terms and Conditions at any time without prior notification to Users. Users who have not fully read or who do not consent to the Terms and Conditions: DO NOT LOG IN OR USE THE SITE. If you access or use bidwey Services or the Site in any way, then you agree to be bound, without limitation, by the Terms and Conditions contained herein, as well as the manner in which bidwey operates.

Variations or Changes

Users must ensure that all of their user details are up-to-date with bidwey at all times. Bidwey will not be responsible or liable for any outdated records in our Site that are the result of user neglect. bidwey reserves the right to amend the Terms and Conditions at any time without prior notification to Users. 

Eligibility

When accepting the Terms and Conditions, you must confirm that:

• You are at least 18 years of age;
• You live within one of the 50 states of the United States or Washington D.C.; 
• You are legally competent, and have the authority and capacity, to enter into and engage in a contract; 
• You meet all other eligibility requirements contained in these Terms and Conditions.

Each time you use bidwey Services, you certify your intent to enter into this agreement and to abide by all Terms and Conditions contained herein.

Neither bidwey employees nor family members of bidwey employees are eligible to participate in or use bidwey Services or other Site activities. Family members include parents, spouses, siblings, and children.

bidwey products and Services are offered exclusively to private users and not commercial or semi-commercial retailers. bidwey does not limit user accounts to one account per natural person or per household or IP address

Users of bidwey Services and/or the Site shall not engage in collusion with other Users. bidwey reserves the right to permanently close any and all bidwey User accounts suspected of collusion; this determination, once made, is final. No User shall be entitled to a refund of any amount on, or associated with, any bidwey account closed due to involvement, or suspected of involvement, in collusive activities. 

Registration and Participation

No User may register with bidwey more than once. At registration, all Users must provide the postal address associated with their IP address in order to successfully register for bidwey Services and access to the Site. User accounts are non-transferable. By accepting the Terms and Conditions, all Users certify that the information they provide in the bidwey registration process is truthful and accurate. All Users agree that should they provide any false or misleading information during registration, or at any other time during their use of bidwey Services, it is grounds for closure of their User account. Moreover, all Users acknowledge that any accounts closed in the above manner, shall be closed at bidwey’s sole discretion and without right to any refund or return of any funds or property associated with the closed account. Users agree that they will not collude with one another or anyone else to exchange account information or otherwise undermine the Terms and Conditions contained herein.

All Usernames must be appropriate; they shall be abusive, offensive, rude, disparaging, or contain any information or characters intended to deceive or delude other bidwey Users or bidwey itself. No Username shall advertise for other websites or services; they shall not violate the intellectual property rights of any third parties.

bidwey reserves the right to freeze or permanently close, without prior notice, any User accounts that it determines in its sole discretion to be in breach of these Terms and Conditions, or is in violation of any local, state, or federal law. bidwey may, at its sole discretion, freeze rather than close any User accounts found to be in violation of the username Terms and Conditions above. 

Users agree that by registering or using bidwey Services or the Site they are solely liable for all offensive and/or unlawful activities that are undertaken or conducted on their User accounts.

Referrals

Users may refer friends to bidwey using the referral form on the sign-up page; this generates an email to friends of the referring Users, which invites them to join the Site. All referrals must list, in the space provided, the username(s) of the User(s) who referred them. bidwey offers one (1) free bid to any User whose referral registers to use bidwey Services and purchases a five dollar ($5.00) referral bid pack of 5 bids. bidwey reserves the right to review each referral for possible fraud.

How It Works

To bid on items listed on the bidwey Site, Users must register with bidwey via the Site. Registration is free. After registering, Users must log-in before they can bid on any items. Bids are $1.00 dollar each and will be stored in the member’s account where they can be used to bid on items. A member can buy bids in prearranged bundles that fits that member’s budget. However, the minimum amount is $5.00 which is 5 (five) bids. 

The process is simple. Each item has its own specific amount of bids required to purchase that item. The amount of bids that has been currently collected for an item is hidden from view until that member places a bid. Members will apply bids towards an item one bid at a time. Each bid shows their current line of progression. Once all the bids are collected the item is deemed sold. The member that applies the last bid is the winner. 

Each time a member applies a bid to an item, that member will be given their current line-of-progression for that item (e.g. 4750 to fill it up); see below. If the bid was not the last bid, then the member will have the option to bid again. If a member bids on that item again, the member’s Line of Progress for that item updates. Bids may not necessarily be consecutive. Each time a member applies a bid to an item, that member will be given an updated current line-of-progression. This process continues as members collectively apply bids to the same items. Every bid applied to an item reduces the remaining balance by one bid on that item. 

Once the amount of bids required for an item reaches the bidwey reserve, a member has the option to fill-it-up. By using this option, the member will be responsible for applying the remaining amount of bids left at their current line-of-progression. For example, if a member bids and FIU is available. A member can then choose to use the FIU option, but this option will only be available until another member bids on that item.

Fill It Up

Fill-It-Up (FIU) is an option that allows a User to pay the remaining balance of bids for an item after the number of bids on a particular item equals or exceeds the bidwey reserve set for that item. Once the FIU option becomes available on an item, each bid applied thereafter toward that item will lower the remaining balance by one bid. If the FIU is available the User will have five seconds to use that option. If a User uses the FIU option, he or she becomes the last to act, thus wining the option to buy that item. When a User selects the FIU option for an item, the Site pauses all bidding on that item to allow that User to visit the Site’s checkout page and purchase the item. During the FIU checkout process, the bidwey Site shows that the item as “pending”. This gives notice to all other Users that further bidding is on hold for that item. Once the checkout process is completed, another item will then replace the original one either the same or different. However, if the User fails, neglects, or is otherwise precluded from finalizing his purchase of the item, bidding will continue where it left off.

bidwey Reserve

The bidwey reserve is the minimum number of bids to be collected for an item before the fill-it-up option can be used. This number is noted at the bottom the product information box for each item. The bidwey reserve on all items is a specific number calculated by bidwey. While an item’s reserve may be changed at any time without notice before bidding starts, bidwey locks the reserve, so that it cannot be changed once bidding starts on that item. Items that are identical or similar in nature may have different bidwey reserve values. 

Line of Progression

Each item on bidwey.com has a designated number of bids required to purchase that particular item. Each bid starts at the maximum number required then decrease by one (1) for each consecutive bid thereafter down to the bidwey reserve or the fill it up. The Line of Progression for any particular items is based upon the current placement of an individual bid at the time that bid is placed. For example, the 1,000^th bid out of 8,000 bids would have a Line-of-Progression of 7,000. It is a placeholder value, which means that each time a member applies a bid to the same item that member’s Line of Progression will be updated with a new and lower number. Since the bidding takes place online with many Users bidding at any given time, and since all bids are taking place in real time, a particular member’s Line of Progression will be lower than his previous position, but may not be necessarily consecutive to his or her previous bid. Since Line of Progression represents a placeholder for each member’s bid over a span of time, no two members can have the same Line of Progression on the same item. 

Last-to-Act

The User who is responsible for applying the last bid required on an item. There are two ways for Users to be the Last-to-Act:A User selects the FIU option, and purchases the item on the Site checkout page; or

No User selects the FIU option; whereby the bids on the item accumulate naturally until the last bid is made. The last User to place a bid is the Last-to-Act. Users who place the last bid without using the FIU option have effectively purchased the item and are only directed to the Site checkout page to complete shipping arrangements. 

Buying Bids and Promotional Bids

Bids may be purchased in bundles, the size of which varies by the type of bundle purchased. Users can view the current selection of bundles available for purchase under the “Buy bids” tab on the Site. bidwey reserves the right to vary the number of bids per bundle at various times and at its sole discretion.

bidwey currently offers Users free bids through its referral program. Users may receive these free bids in the form of promotional chip codes (promo codes or chips). Users may enter these promo codes into the Site to receive the appropriate bid credit on their accounts. Promo codes can only be used once, after which they become inactive. Used promo codes cannot be used again, unless otherwise noted by bidwey. However, bidwey reserves the right, at its sole discretion, to alter, vary, or eliminate the referral program and/or free bids. bidwey may also develop alternative incentives or programs related to its Services that replaces or supplements free bids and/or the referral program. The method of delivery of free bids, whether it is by promo code, chip, or some other method or device, is at bidwey’s sole discretion. 

Bids have no monetary value; they are a visual reflection of a User’s account balance; calculated as roughly one (1) bid equaling one (1) dollar. Bids are not refundable unless authorized.  

Bidwey Admin Codes

These unique codes are created by bidwey for the admins to use often when recruiting new members. When a member new or current uses the admin’s code to purchase a minimum of a $5 bid bundle both parties will then receive one free bid each. As an admin all bids are redeemable in the form of commissions. However, there is a a five hundred bid (500) minimum balance required to redeem any bids. To qualify the admin/member would be responsible for completing the appropriate forms as per required by Michigan and Federal laws through our accounting firm. All bids redeemed will be removed from the members account. Any bids left in the account can be used to bid on products as usual at the members discretion.

How to Bid

Users can place bids by manually clicking on the “apply bid” button next to the item of their choice. When a User places a bid on a particular item, the Line of Progression on the flip box will increase, showing the line of progression until Fill It Up is met. This informational graphic on the Site allows Users who bid can determine whether they are the last bidder or not. Users who are not the last bidder may either bid again or choose the Fill It Up (FIU) option, if available. Users can only use the FIU option during the 10-second window, described above, or before another bid is placed on the item. Thus, the FIU option is only available for a limited time on any particular item, after which it becomes inactive. Therefore, Users wishing to use the FIU option must do so before the 10-second window expires or another User places a bid on the item.  See the FIU section for more details when FIU is available on the Site. Users wishing to purchase an item must be the Last-to-Act in the bidding process or exercise the FIU option, when it is available, and follow the checkout process to successful conclusion.

When Uses apply bids to an item, they deplete the existing supply of bids on their accounts; one bid used means one bid is subtracted from that User’s account. The ration of bids used to bids subtracted/depleted is always 1:1. Remember: bids are non-refundable; therefore, once used, they cannot be put back or otherwise credited back on the account from which they came regardless of whether the User who placed the bid no longer wants the item or he or she did not win it. If you log-in and place a bid on an item, the bid will be deducted from your User account and placed on the item. 

Bidwey is not responsible in any fashion for any Users’ gross neglect, mere neglect, or inadvertence in the bidding process; nor is bidwey responsible for any Users’ technological, computer, or connection problems that may undermine their bidding process.

Contact and Billing Information

Users agree to provide certain contact information during the registration process, including but not limited to their names, addresses, phone numbers, ages, and genders. As provided in the bidwey Privacy Policy, bidwey will not share any User information to third party advertisers.  Users expressly acknowledge and agree that all information provided to bidwey is subject to applicable local, state, and federal privacy laws. 

Delivery and Shipping

bidwey does not ship any purchased items to Users. Unless otherwise stated herein, any item purchased through the Site will be delivered from the item’s supplier to the User who purchased the item. The method and manner of delivery will be determined in accordance with the policies and procedures of that item’s supplier. Deliveries are made to the addresses provided by Users. Deliveries are made exclusively to all 50 United States and Washington D.C. Some restrictions or higher shipping costs may apply to deliveries to Alaska and Hawaii. Delivery times may vary and any delivery times shown on the Site is provided as a guide and not a guaranty. bidwey expressly reserves the right to secure the services of third parties to satisfy its contractual obligations without prior notice to Users.

Users must report all obvious damage to purchased items from the shipping and/or packing process upon receipt of the items. Some suppliers and/or delivery providers may require a User’s actual presence at the time of delivery; in these situations, Users will be required to provide the relevant information in the shipping details section during the Site’s checkout process. Users may ship items to addresses different than the addresses associated with their bidwey accounts or billing addresses. However, bidwey is not liable or punishable in any way for the acts or omissions of Users in providing incomplete or inaccurate shipping information during the checkout process. Furthermore, bidwey is not liable for the condition in which items arrive, whether those items lost, stolen, damaged or destroyed. By accepting these Terms and Conditions, Users acknowledge and agree that their sole remedy for items that are lost, stolen, damaged or destroyed is against the item’s supplier and/or the third party shipping provider used by the Supplier.

Returns and Cancellations

bidwey does not allow items to be returned or cancelled. If any item is returned for damage, it must be returned to the returned to the item’s supplier, in accordance with the instructions provided by that supplier or its third party shipping provider. There are no exceptions!

bidwey reserves the right to assist Users who encounter issues with shipping, whether the issues exist with a particular supplier or its third party shipping provider. Nevertheless, this assistance is provided as a courtesy and not as a contractual obligation. Users expressly acknowledge and agree that no assistance provided by bidwey to Users in dealing with shipping issues shall obligate bidwey to Users in any way; nor shall that assistance be construed to create any contractual obligations or liability between bidwey and Users with regard to the shipping/return process other than what is listed expressly within these Terms and Conditions.

bidwey’s Site operates in such a way that all items and shipping/delivery fees are purchased during the checkout process. Therefore, bidwey does not permit Users to cancel items once they are purchased. Users who wish to cancel a particular purchase can simply not complete the checkout process. As discussed herein, bids placed during the bidding process are final and are non-refundable. 

For more information on bidwey’s returns and cancellations policy, please contact us at support@bidwey.com.

Product Descriptions

bidwey does its best to give product descriptions which are as accurate as possible. However, certain descriptions may contain printing errors or typographical errors, which are not meant in any way to mislead Users or misrepresent the items listed. They are, by their very nature, inadvertent, and Users acknowledge and agree that bidwey is not liable in any way for this excusable neglect.

Values on items are basic estimates made by bidwey. Users expressly acknowledge that no value provided by bidwey on its Site shall be construed as any items’ fair market value or worth, which vary due to the nature of commerce, ever-changing prices, consumer demand, the scarcity or availability of any given item within various markets, etc.

Product Disclaimer

While we try to insure the product shown is the product you will receive it is difficult to guarantee that the exact product will be available. We do not have any inventory as we order the products at the time of purchase. All pictures shown are for illustrations purposes only and may vary due to product enhancement or current inventory available. We are also not responsible for injury or death due to any misuse or malfunctions of any product. You should refer to the manufactures instructions on the intended use of their product and warrantees as listed in their Terms & Conditions.

Bidwey reserves the right to change the product images and specifications at any time without notice. However, bidwey does not change images or specifications to a product located inside the product boxes. Once the item is sold it will be replaced by another product either different or the same.

Payments

All payments are final. Users can make payments through the Site using electronic means, such as credit cards and payment agents, like PayPal. Payments can also be made by any other mechanism provided by the Site. bidwey shall charge a reasonable and legal fee to any given User for any payments that are stopped by that User (or someone on User’s behalf) after a purchase is completed on the Site’s checkout, or that are later rejected by a bank, financial institution, or payment agent.

Currency

All transactions must be made in United States currency.

Disqualifications and Terminations

bidwey reserves the right, at its sole discretion, to temporarily or permanently terminate User accounts for Users who have violated, or suspected of violating, these Terms and Conditions, any applicable local, state, and federal laws, or the rights of other Users or third parties. Examples of violations include but are not limited to:

• Use of third-party bidding software or bid tracking software;
• Creation of multiple Site accounts by the same individual or household;
• Any attempts to interrupt or undermine the Site’s bidding process;
• Any attempts to interfere with or undermine the proper functioning of the Site;
• Any dishonest, deceptive, or unfair behavior in connection with a User account;
• Any dishonest, deceptive, or unfair behavior in connection with relative to the Site, bidwey, bidwey, Inc., or any other social media platform, online retail community, or community group associated with, or in connection with, bidwey or its Services;

You acknowledge and agree that if bidwey, in its sole discretion, determines that you have breached these Terms and Conditions, bidwey may, in its discretion, pursue all remedies available under the law, whether it be under contract, tort, criminal, or otherwise. In addition, bidwey may in its discretion, pursue additional remedies, such as suspending, terminating, or closing your bidwey account; withholding, canceling, or otherwise retaining any pending Site account activities, transactions, or deliveries; etc.

PLEASE READ THE FOLLOWING SECTION CAREFULLY, IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BIDWEY MAY HAVE BETWEEN YOU ARE RESOLVED.

Applicable Law

By accepting these Terms and Conditions and your use of the Site, you agree that the laws of the United States of America and the State of Michigan, without regard to the principles of conflict of laws, will govern these Terms and Conditions, your use of the Site, and all aspects of your relationship with bidwey, bidwey, Inc., and their respective officers, directors, employees, agents, and assigns. Moreover, you agree that no legal action or proceeding shall be brought in any federal or state court of competent jurisdiction, except Michigan.

Disclaimer of Warranty and Liability regarding Use of bidwey

You agree that you use bidwey’s Site and Services at your own risk. Neither bidwey nor its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both software and hardware), or any third party who provides products or services purchased from, or distributed by, bidwey, or the like, warrant that the Site, itself, or sites affiliated with bidwey, including but not limited to bidwey.com, will be interrupted, error free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on the Site may contain inaccuracies or typographical errors. bidwey makes no warranty as to the results that may be obtained for the use of bidwey Services or the Site, or as to the accuracy, reliability, or currency of information content, service, or merchandise provided through bidwey. bidwey shall not be responsible for any opinions, advice, views, or statements posted on bidwey, including without limitation in any public posting areas of the Site, by any person or entity other than an authorized bidwey spokesperson. Advertisers, content providers, Users, guests, independent writers, and experts are not authorized bidwey spokespersons. At no time should the opinions, advice, views, or statements provided by advertisers, content providers, Users, guests, independent writers, and experts be relied upon for important personal decisions without independent verification.

The Site, including service and software, is provided by bidwey on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permissible by applicable law, bidwey disclaims all implied warranties, including but not limited too, implied and statutory warranties of merchantability, fitness for a particular use, and non-infringement.

bidwey makes no representations or warranties of any kind, express or implied, as to the operation of bidwey; security of the Site; the results that may be obtained by use of the Site or Services; the availability of goods or services offered through the Site, including email, or the information, content, materials, or the products included or listed on the Site. Without limiting the foregoing, bidwey does not warrant that the materials provided on or through the Site or the Services are accurate, reliable or correct; that the Site or Services will meet your requirements; that the Site and Services will be available at any particular time or location; that they will be uninterrupted or secure; that any defects or errors will be cured; or that the materials are free from viruses or other harmful components. Any service or software downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You, and only you, will be solely responsible for any damage to your computer system or loss of data that results from downloading or installation of any such material. 

No advice or information, whether oral or written, obtained by you from the Site or Service shall create any warranty not expressly contained herein.

In addition, to the extent permitted by applicable law, we are not liable, and you agree to not to hold us responsible, for any damages or losses of any kind (including but not limited to loss of money, goodwill or reputation, profits or other intangible losses or any special, direct, indirect, incidental, consequential, exemplary, and punitive damages) arising directly or indirectly from your use of or inability to use the Site or Services, any related software, or any related services, whether such claim is based on warranty, contract, tort – including negligence, or otherwise, even if you have been advised of the possibility of such damages.

The limitations of this section shall apply notwithstanding any reliance on information obtained from bidwey, its Site or Services, or that results from mistakes, omissions, interruptions, ordinary negligence, deletion of files or emails, errors, defects, viruses or other malicious code, delays in operation or transmitting, or any failure in performance, whether or not resulting from acts of god, communication failure, theft, destruction, or unauthorized access to the provider records, programs or services, and whether or not bidwey has been advised of the possibility of such damages. You hereby acknowledge that this limitation shall apply to content, merchandise, and services available through bidwey, its Site or Services.

These limitations of liability shall apply whether the damages arise from the assembly, use or misuse of, or reliance on bidwey, its Site or Services, or any items purchased through bidwey, or its Site or Services, or from the interruption, suspension, or termination of bidwey Services, or the Site itself, or due to ordinary negligence of bidwey or Midwey, Inc., or their respective agents, employees, directors, or assigns; this includes such damages as may be incurred by third parties.

Disclaimer of Warranty and Liability regarding Purchases from bidwey

All new products are sold with the manufacturer’s limited warranty only. bidwey warrants solely that the product sold under these terms shall have the characteristics specified in bidwey’s specifications for such products as set forth in the description of each item 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 of bidwey. Warranty is excluded with respect to any products, which are used products.

bidwey shall not be liable for personal injury and property damage resulting from the improper handling, modification, or misuse of the products purchased by any Users or any other person after delivery. In no event shall bidwey be liable to any person for incidental or consequential damages relating to the purchase, use or misuse of the products, including but not limited to ordinary negligence, loss of profits or goodwill, loss of use damages, or additional expenses incurred whether pursuant to a claim of contract, tort or otherwise, and whether in an action for breach of warranty or otherwise.

Release

If you have a dispute with one or more Users, you release bidwey, Midwey, Inc., and their officers, directors, employees, agents, and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold bidwey, bidwey, Inc., and their officers, directors, employees, agents, and assigns, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of the Site or the Services or your breach of any law or the rights of a third party.

Children’s Online Privacy Policy

bidwey does not intend to market any products or services to children. bidwey does not knowing gather or solicit data from children through the Site or its Services. By registering with and using the Site, you expressly represent and warrant that you are at least 18 years of age. If we discovery or are otherwise notified that a child is using or accessing the Site, we will delete any and all information related to the User account from which the child was accessing our Site and Services. bidwey reserves the right to do so without any prior notice to the User of the account in question.

Privacy Policy

Please carefully read our Privacy Policy for more information on the collection, processing, and use of personal date through the Site or bidwey’s Services.

Publicity

You expressly acknowledge and agree that bidwey reserves the right to publish the name, region address, photograph, and testimonials of any Users of the Site or Services. This allows bidwey to provide the public with proof of items purchased by Users through the bidding process. All information gathered may be used for but not limited to press releases, media advertising, social media networking and advertising, and commercials, whether they be on television, radio, print, or any other medium or format. By registering and using the Site and Services, you consent to bidwey’s right to publish as described herein. 

Data Protection

The protection of your data is important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

Trademark and Copyright

bidwey logos and mascots are trademarks of bidwey and belong to bidwey, Inc. All rights reserved. Any trademarks appearing on the Site or through the Service are property of their respective owners. Absent prior written consent from bidwey, Inc., Users are prohibited from using the intellectual property of bidwey, and from using or reproducing of texts, images, or any other data published on the Site or through the Service.

System Outages and Temporarily Halted Auctions

bidwey is not responsible for any costs due to systems outages. A system outage means a disruption in Services and/or the Site, such that no bids can be submitted for items. In the event of a systems outage, bidding will be temporarily paused and the remaining balance on items will be frozen. Systems outages can be caused for any number of foreseeable and unforeseeable reasons. bidwey reserves the right to cancel bidding on any items due to system errors, bot bidders, technical problems, or any other reasons, foreseeable and unforeseeable. 

With current technology, it is impossible to develop and operate computer programs (software) and date processing systems (hardware) entirely without error. Likewise, it is impossible to rule out unpredictable events in connections with the internet. Consequently, bidwey provides no guarantees for the constant and uninterrupted availability of the Site or other technical systems. In particular, bidwey shall not be liable for damages from missing bids, late bids, or other problems of a technical nature that effects the operation of the Site or bidwey Services. 

By accepting the Terms of Service, Users acknowledge and assume the above risks and all other reasonably foreseeable and related risks not expressly identified herein. 

External Links

The Site may contain links to other websites operated by third parties; these websites may also contain links to other websites. Any links on the Site are provided strictly for your entertainment and do not constitute an endorsement or approval of any linked website. The operators of websites linked to and from the Site are solely responsible for their own content. bidwey assumes no liability for the content of external links; users who access these links do so at their own risk. Users acknowledge and agree that in no event shall bidwey be liable to any person for the content, privacy, or protection of any third party websites.

Dispute Resolution and Arbitration Agreement

By agreeing to these Terms and Conditions, you agree to waive any and all right to jury determination of any claims that you may have against bidwey, bidwey, Inc., or their officers, directors, employees, agents, or assigns. You further agree to waive any right to participate in any class action, as a class member or plaintiff. Instead, you agree that any and all disputes, claims, causes of action, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with against bidwey, bidwey, Inc., or their officers, directors, employees, agents, or assigns, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may asset claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this Arbitration Clause to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Arbitration Procedures

Arbitration is more information than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope of enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief, which shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling AAA at (800) 778-7879. The use of the word “arbitrator” herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement.

A party who intends to seek arbitration must first send a Notice of Dispute (Notice) to the other by certified mail. This Notice form can be found at www.adr.org, or you can contact our Legal Department for further assistance in locating this form. The notice must be sent to bidwey, 13665 Dixon Rd. Dundee, MI. 48131. Bidwey will send Notice to you at the address registered with the Site. It is your responsibility to keep your physical address up to date. All information called for in the Notice must be completed, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you are unable to resolve the claims in the Notice within 30 days after the Notice is sent, you or bidwey may initiate arbitration proceedings. A form for initiating arbitration proceedings is available at the AAA website, www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating arbitration must mail a copy of the completed form to the opposing party. You may send this form to the same address above. Just as stated previously, if bidwey initiates arbitration proceedings against you, it will send a copy of the form to the physical address that is on record with the Site.

The arbitration will be held in Monroe County, Michigan or any other mutually agreed location. If he value of the relief sought is $10,000 or less, you or bidwey may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and bidwey subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and bidwey may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Michigan, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same bidwey user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, bidwey will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by bidwey should be submitted by mail to the AAA along with your Demand for Arbitration and bidwey will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, bidwey will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse bidwey for all fees associated with the arbitration paid by bidwey on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

Severability

If an arbitrator or court decides that any part of this Agreement to Arbitrate or of these Terms and Conditions, is invalid or unenforceable, the other parts of this Agreement to Arbitrate and the Terms and Conditions shall still apply. 

Questions

If you have any questions about these Terms and Conditions or our Privacy Policy, please email us at support@bidwey.com, or send correspondence by First Class Mail to bidwey, Inc., 13665 Dixon Rd. Dundee, MI. 48131