Terms and Conditions

Terms and Conditions

General/Overview

The following Terms & Conditions shall apply to the relationship between Bidgunner.com and the end user ("You", "Your", "User", or "Users"). By using the services of Bidgunner.com, You agree to accept the following Terms and Conditions, as well as the manner in which Bidgunner.com operates. These Terms & Conditions constitute the entire agreement ("Agreement") between Bidgunner.com and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Bidgunner.com with respect to your use of Bidgunner.com.

Information on Bidgunner.com contained in the "How it Works" and/or "FAQ" section is only a recommendation and is not intended as specific rules or guidelines. High Alpha Media, LLC is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other similar material.

Bidgunner.com will follow all tax rules and regulations for the sale of its products, including bid packages ("Bid Packs"), in the jurisdictions in which it operates.

Bidgunner.com reserves the right to change these Terms & Conditions at any time without notice to you. Consequently, you should review these Terms & Conditions for changes each time you visit Bidgunner.com. Each time you log into Bidgunner.com, You affirm that you are familiar with the Terms & Conditions and accept any and all changes that may be periodically made to these Terms & Conditions. If you have any questions, concerns or comments about our Terms & Conditions, please email us at support@Bidgunner.com.

Acceptance of Terms and Condition

By accepting the Terms & Conditions and/or registering with Bidgunner.com, You confirm that you are eligible (as specified in the "Eligibility" section) to use Bidgunner.com. Should “user” not agree to the Terms & Conditions, you will not be granted access to the services or auctions that Bidgunner.com provides. Accessing, use, or download in any way, any service from Bidgunner.com constitutes agreement to and binds User to these Terms & Conditions.

Bidgunner.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

Membership Eligibility

By accepting the Terms & Conditions with Bidgunner.com, You confirm that you are at least 21 years of age and have read and understood all Terms & Conditions of this site. Furthermore, that you are aware that you are engaging in a binding contract. By using Bidgunner.com, you warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. Access, use, or download in any way, any service from Bidgunner.com, constitutes agreement by “You” under these Terms & Conditions.

You must reside in the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) or Washington D.C.

Bidgunner.com employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in Bidgunner.com auctions. Furthermore should any violation of this term occur, Bidgunner.com will void any transaction from this violation and no item or auction shall be delivered.

Bidgunner.com is open to private users only. No commercial, semi commercial or retailers are allowed to participate. Should it be discovered that this term has been violated said account shall be reviewed and may be terminated without further notice and any winning bids shall be voided.

Bidgunner.com reserves the right to change usernames it deems confusing, offensive, or inappropriate at its sole discretion.

To assure a fair and unbiased site, Bidgunner reserves the right to limit the number of user accounts per household and the number of won auctions per user account. No more than one Account per household will be allowed. Should more than one account per address or IP address be established and used in conjunction with multiple user accounts, Bidgunner.com will terminate said account thus voiding all bids. Furthermore should any violation of this term occur, Bidgunner.com will void any transaction from this violation and no item or auction shall be delivered. User will be required to pay Bidgunner the retail value of any items won under said accounts within five (5) business days of being notified of their violation of the terms of service.

See different types of auctions in the Frequently Asked Questions (FAQ).

There are Four Categories of Wins. Rookie, Gold, Silver and Bronze.

Rookie auctions are marked with a picture of a pacifier on the home page. Rookie auctions are for those who have never won any auction on Bidgunner.com, including bid packs.

Gold Auctions are for rifles and/or shotguns, Silver Auctions are for handguns and Bronze Auctions are for non-firearm items. Buy Now items are excluded from the Gold, Silver and Bronze win limits as they have no limits.

Any single user is limited to winning four (4) rifles and/or shotguns (Gold Auctions), four (4) handguns (Silver Auctions), and twelve (12) non-firearm items (Bronze Auctions) in any rolling 30 day period. Buy Now items do not count toward your win limit. If you've already reached your win limit, you should be automatically excluded from bidding. However, if you are not excluded by the system, it is your responsibility to know not to bid and stay within the win limits listed above. Bid butlers set prior to reaching win limits need to be removed as they will not be excluded from bidding. If you or your bid butler bid after reaching your win limit, your bids will not be refunded. If you win an auction after reaching your win limit, you will not be granted the win and you will not receive the item. Anyone who violates the win limits may be temporarily or permanently suspended from use of Bidgunner.com. Any win limits are subject to change at the sole discretion of Bidgunner.com.

Any user that continues to bid on items while in violation, or bid on items that will cause them to be in violation of the account limitations and winning restrictions will be penalized for each bid placed during the auction by forfeiting all bids placed. Limitations are placed on the account the moment an account reaches one or any combination of our limits. It is the user’s responsibility to cease bidding on items until their accounts are within the Terms of Service again. Users should pay close attention to any bid-butlers that have been set up on future auction closings and remove themselves from these auctions so they are not in violation of these terms of service. If an auction is bid on and won by a user in violation, the user forfeits the win and may (at the sole discretion of Bidgunner.com) be penalized by forfeiting all bids placed on the auction(s). Willful violations of these account limitations and winning restrictions may be grounds for account suspension or termination. If this should occur an offer to the second runner up may be made.

Registering

Users can only register once and each valid registration must provide a postal address where User resides (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. Bidgunner.com reserves the right to request documentation, including but not limited to a copy of your valid driver’s license, a power bill, and/or other documents, to verify user's identity. In addition, User must not provide misleading information when registering. You may not collude to exchange information. Users chosen username must not be offensive, rude, disparaging or intended to deceive or delude other Bidgunner.com users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. Violation of this term will result in immediate termination of your account, and any address, IP Address or credit card number associated with violators account will be banned from any future relationships with Bidgunner.com. Bidgunner.com reserves the right to require username changes at their discretion.

Registration and payments information must match. For firearm wins, registration, payment information and the person taking delivery of the firearm must match (must be exactly the same person) or delivery will be denied. Please do not try to evade these rules as any cost associated with noncompliance will not be refunded. These costs include but are not limited to cost of bids, closing cost of the auction, cost for choosing BIN, shipping, cost for the transfer and/or delivery of the item and/or any other costs incurred by the user.

Bidgunner.com advises all users to keep account password confidential. Bidgunner.com will never ask for your password apart from login, nor should it ever be provided to anyone, including Bidgunner.com employees. User accounts are non-transferable. Allowing your account to be used by someone else results in usage of your bids and any bids place under your account for any reason are considered permanently spent and will not be refunded. Any abuse of user accounts, be it to the detriment of third parties or to damage Bidgunner.com, shall result in the termination of the user and the reporting of a crime. User agrees to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.

Referrals

Referring friends to Bidgunner.com is a fun and easy way to earn free bids. You may refer friends to Bidgunner.com using the form on the Bidgunner.com website. Bidgunner.com offers free bids to any user who refers new users that purchase a bid pack. Bidgunner.com reserves the right to review each referral for possible fraud. You may not refer family members or pets located in the same household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the users account.

Use of Outside Software to Auto Bid on Site

It has come to our attention that software is being used to place a bid in certain cases and is not linked to or acceptable on our site. Should bidding patterns show up that would indicate that this type of software is being used to create an unfair advantage on our site the bidders involved will be banned for life from all auctions with Bidgunner.com and any auctions that may have been won will be reviewed. If it is determined that these auctions were won while utilizing outside software, Bidgunner.com reserves the right to void the auction(s) and the user who used the software will not receive any refund for the bids used on that auction.

Account Termination

TERMINATION BY YOU: User may terminate his/her account at any time. You may do so either by not returning or by closing your account in accordance with Bidgunner.com standard procedure. Unused bids are NON REFUNDABLE. If user is unhappy with results of any auction we recommend investigating how to have successful bid practices or contacting support@Bidgunner.com. It is our mission to provide a pleasant experience for all users and we are always happy to give tips on how to make your bidding experience a fulfilling one.

TERMINATION BY Bidgunner.com:

Bidgunner.com reserves the right to temporarily or permanently terminate Users account at its sole discretion if it determines User has violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to; the use of unauthorized third-party bidding software or the creation of multiple accounts by the same individual ("Multiple Account Violation"). Furthermore, Bidgunner.com may terminate a User for involuntary collusion resulting from intimidating bidding tactics where said User carries a reputation that will cause others to avoid bidding against them. Should this situation become evident, User will be offered the opportunity to create a new, significantly different user name and continue bidding on Bidgunner.com. Should the User refuse or post on forums the new Username, Bidgunner.com reserves the right to suspend the intimidating User’s account. All bids in the account will then be forfeited. You agree that if Bidgunner.com, in good faith and in its sole discretion, determines that User has breached these Terms & Conditions, Bidgunner.com may withhold, cancel or otherwise retain any and all of Users pending deliveries and/or refunds for bids. Bidgunner.com further reserves the right to use discretion and terminate Users for other reasons not listed above.

Bidding / Bid Purchases

Bids are purchased in advance in the form of "Bid Packs". Purchased Bids are not refundable once placed in an auction. Purchased but unplaced bids may be refundable at the discretion of Bidgunner up to 90 days from the purchase date upon receipt of written request from you. Written communications should be sent to Bidgunner.com, PO Box 81836, Chamblee GA 30316. All bids have no cash value. Should User not honor a payment, User will be charged a returned payment fee. Bidgunner.com reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full. In all cases, end users ("You") expressly waive all rights to litigate against, recover damages from, or recoup the value of bids purchased and/or placed in auctions. In such a case where Bidgunner.com ultimately ceases operations either voluntarily or due to any other circumstance, including those whereupon such cessation of operations is due to regulatory or legal action against Bidgunner.com, You the end user, accept the risk that any and all purchased bid value will be lost and waive all rights for recovery.

Bid Packs expire after six (6) months. The expiration of Bid Vouchers varies based on type. From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven (7) days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded irrespective of whether or not the bid is successful.

An auction ends when the timer on the Bidgunner.com server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the Bidgunner.com server(s) hit zero. Each new bid results in additional time added to the clock to allow any other User the opportunity to place a new bid. The total time added to the clock with each incremental bid or bids may vary at any given time or vary during any given auction. When no more bids are placed during this type of auction and the clock hits zero, the winning bidder will be notified of terms via email.

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

Reserve Auctions or No Timer Auctions

This type of auction does not employ the use of a timer. During these auctions, a winning bid is determined by a random bid amount that differs for each item up for auction. You cannot Out Bid another user because the winner is not the highest bidder; the winner is the bidder that placed the bid for the random amount. Each bidder increases the amount by one cent similar to the timed auctions. Example: Item for Auction is a $100 gift card. Auction details will show bidders ahead of time the Maximum amount this item will sale for. $100 Gift Card to sell between .01 - $9.99. Because there is no timer and the auction does not end until the bid amount has been hit, each bidder has the same chance of being that last bidder and winning this auction. Once the random amount has been hit the auction will close to all future bids and the winner will be notified via email. During this type of auction you can bid back to back without waiting for a new bidder to place a bid. This auction is set up for all players: Beginners and Experienced that do not wish to bid against a timer and that wish to know ahead of time what that Users Maximum purchase price will be. Reserve auctions have no win limits. For additional information on this type of auction contact support@Bidgunner.com.

Buy it Now (BIN)

Bidgunner.com offers the buy it now option on some auctions. Bonus bids do not count toward the BIN price. The BIN price begins at retail. Each bid you place will lower the retail price by fifty (50) cents. The price will continue to decline until you have lowered the price by one hundred (100) percent. At that time, the BIN price will not change. Once you exercise the buy it now option, you are no longer eligible to bid on that auction and will be locked out. You will then pay the BIN price plus any shipping and/or other charges listed on the auction page. Please notice that there may be a limited number of items available for the buy it now. This number will be listed on the auction page. PLEASE NOTE: You can only use the value of your placed bids up to the product value. If the value of your placed bids is higher than the product value, then the bids in excess of the product value cannot be counted towards Buy Now. The Buy Now purchase price can never be below zero. You can buy the product at any after placing your first bid, and up to 8 hours following the auction closing time. When you decide to buy the product you will no longer be able to take part in the auction, and any Bid Butlers you have placed on that auction will be cancelled and the remaining Bid Butler bids returned to your bid account. The auction will continue uninterrupted for all other users. The Buy Now option may not be available on some of our auctions.

Bidgunner.com reserves the right to substitute a certificate for Budsgunshop.com for the Buy Now feature if a firearm is not available. The terms "BIN," "Bid," "Bids," and "Bidding" all refer to consumer actions with regard to a particular transaction or auction and may, at times throughout this document, be used synonymously. Due to limited quantity of some items, Bidgunner.com reserves the right, at our discretion, to issue a gift certificate to Budsgunshop.com for any buy now items. If you prefer to receive a Budsgunshop.com certificate instead of your win and the item is in stock, the certificate will be for 85% of the total of the item price plus shipping cost, you must notify Bidgunner within twenty-four (24) hours of the auction close to excecise this option.

Odds of Winning Auctions

Every auction is unique and the results of all auctions offered on Bidgunner.com depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.

Acceptance of the Win / Payment for Non-Firearms Wins

After an auction has ended, the winner must confirm and pay the total price for the won auction. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within seven (7) days of the auction end date, Bidgunner.com reserves the right to withdraw the offer to conclude a contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. If this should occur, an offer to the second runner up may be made. All bids placed in that auction expire and are non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to the winning user until the total price has been paid to Bidgunner.com. An invoice containing the auction price and shipping costs will be sent to winner by Bidgunner.com and Delivery will be arranged.

Firearms

Bidgunner.com follows any and all laws, rules and regulations involved with the sales, purchasing and transferring of firearms. By bidding on firearms on Bidgunner.com, User agrees that User is eligible to purchase firearms. User agrees that they have no criminal record or other issues that prohibit them from legally purchasing and/or obtaining firearms. User agrees to pay any and all shipping, handling and fees associated with the transfer of ownership from the dealer to User. If for any reason User is not eligible to obtain and/or own firearms, User forfeits bids placed on the auction, forfeits any and all costs associated with the transfer of firearms and must provide all the costs associated with any return of the firearms. If User does not provide all fees necessary with the return of the firearms due to ineligibility to own or have firearms in their possession, Bidgunner.com willdebit the amount owed for the return of the firearms from any outstanding win that has been paid for and not shipped. User account will then be deactivated and reviewed by Bidgunner.com. If User purchases a firearm that does not comply with firearm restrictions in their jurisdiction of residence, they must notify support@bidguner.com within 24 hours of the auction closing. User will then be issued a Budsgunshop.com gift certificate for the value of the firearm. If User fails to notify Bidgunner.com within 24 hours of the auction closing, they will be chaged a $50 return and restocking fee, and User's gift certificate will be not be sent until the firearm has been returned and restocked. If you prefer to receive a Budsgunshop.com certificate instead of your win and the item is in stock, the certificate issued will be for 85% of the total value of the item including shipping value. You must notify Bidgunner within twenty-four (24) hours of the auction close to excercise this option.

All firearms are shipped direct from BudsGunShop.com which is a division of Bud’s Gun Shop, 1105 Industry Road, Lexington, KY 40505. Phone number: 859-368-0371. Bud’s Gun Shop is a bona fide firearms dealer.

Special Promotions

There are special promotions that are run by Bidgunner.com from time to time. These promotions are only valid when they are announced on the site or sent via email from Bidgunner.com. Certain promotions may only be valid for a limited time, with details announced on Bidgunner.com or in our newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

Returning items / Cancellations

All sales are final. Firearms may only be returned if they have a manufacturer defect.

If you receive an item with a manufacturer defect, contact support@bidgunner.com for replacement instructions.

Delivery

Deliveries are made exclusively to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Delivery of firearms will follow federal and state laws. User must be eligible to own firearms. If User is ineligible to own firearms, cost of shipping and returning will be incurred by User. For items that are not governed by federal and/or state laws, unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by User. Delivery times vary; therefore any time provided should be used as a guide. Bidgunner.com shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Bidgunner.com upon receipt. An item listed with delivery through email may be sent via USPS, UPS, FedEx or other ways of delivery at the discretion of Bidgunner.com.

Withholding Payment / Retention of Title

You agree that the item won shall remain Bidgunner.com property until payment is received in full of the total price, including the shipping and bids used in the auction. Should any user feel the need to open a dispute on any transaction for any reason involving Bidgunner.com, said User’s account will be disabled immediately until said dispute is settled. At that time, Bidgunner.com will review said User’s account and determine, at the sole discretion of Bidgunner.com weather to reinstate said User’s account.

Disclaimer of Warranty and Liability Regarding Use of Bidgunner.com

You agree that use of Bidgunner.com is at users’ sole risk. Neither Bidgunner.com nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Bidgunner.com or the like, warrant that websites affiliated with Bidgunner.com, including but not limited to, Bidgunner.com, will be uninterrupted, 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 Bidgunner.com may contain inaccuracies or typographical errors. Bidgunner.com makes no warranty as to the results that may be obtained from the use of Bidgunner.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Bidgunner.com. Furthermore, Bidgunner.com shall not be responsible for any opinions, views, advice or statements posted on Bidgunner.com (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Bidgunner.com spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized Bidgunner.com spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification. YOUR USE OF Bidgunner.com IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY Bidgunner.com LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Bidgunner.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Bidgunner.com, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF Bidgunner.com, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, Bidgunner.com DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Bidgunner.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM Bidgunner.com OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT Bidgunner.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH Bidgunner.com.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON Bidgunner.com SERVICES OR ITEMS PURCHASED THROUGH Bidgunner.com, FROM INABILITY TO USE Bidgunner.com SERVICES OR ITEMS PURCHASED THROUGH Bidgunner.com, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Bidgunner.com SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

BIDGUNNER.COM WILL ENDEAVOR TO RESOLVE ALL DISPUTES AMICABLY. SHOULD ANY USER, OR GROUP OF USERS, ELECT TO INITIATE ANY CLAIMS OR LEGAL ACTION OF ANY TYPE AGAINST BIDGUNNER.COM, ITS OWNERS, EMPLOYEES, OR AFFILIATES, THIS USER, OR GROUP OF USERS, AGREES THAT IF SUCH ACTION, OR ANY PART OF THE DISPUTE IN QUESTION, IS NOT RESOLVED IN FAVOR OF THE USER(S), OR IF THE ACTION IS TERMINATED PRIOR TO RESOLUTION, THAN THAT USER (OR GROUP OF USERS) AGREE THAT THEY WILL ASSUME FULL RESPONSIBILITY FOR ALL OF BIDGUNNER.COM'S LEGAL EXPENSES INCURRED IN THE PROCESS OF DEFENDING AGAINST SUCH A CLAIM OR CLAIMS. If User is dissatisfied with any portion of Bidgunner.com, User should discontinue use of Bidgunner.com.

Disclaimer of Warranty and Liability Regarding Purchases from Bidgunner.com

All new products are sold with the manufacturer's limited warranty only. Bidgunner.com warrants solely that the products sold to User under these terms shall have the characteristics specified in Bidgunner.com specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Bidgunner.com. Warranty is excluded for the delivery of any used products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, Bidgunner.com MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY Bidgunner.com OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT Bidgunner.com SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, And MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY Bidgunner.com. IN NO EVENT SHALL Bidgunner.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

THERE MAY BE TIMES WHEN FOR REASONS SUCH AS, BUT NOT LIMITED TO, TECHNILOGICAL ANOMALIES, HUMAN ERROR, FRAUD, ETC., THE RESULTS OF ANY GIVEN AUCTION OR PARTICULAR TRANSACTION MAY BE DEEMED NULL AND VOID AT THE DISCRETION OF BIDGUNNER.COM. IN SUCH CASES BIDGUNNER.COM WILL REFUND ANY BIDS EXPENDED AND/OR PURCHASE AMOUNTS SPENT BY BIDDERS OR PARTICIPANTS ASSOCIATED WITH THE AFFECTED AUCTION OR TRANSACTION.

System Outage / Temporarily Paused Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auction will be credited back to User account; however, Bidgunner.com is not responsible for any other costs incurred by user due to a system outage. Bidgunner.com reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Bidgunner.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, Bidgunner.com shall not be liable for any damage incurred by auction users or third parties from using Bidgunner.com services. In particular, Bidgunner.com shall not be liable for damage that occurs due to bids not being received by Bidgunner.com, not being received promptly, or not being considered as a consequence of technical errors.

Trademarks

Service and Support for Products Purchased

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

Applicable Law / Severability Clause

This Terms & Conditions Agreement and Users participation of Bidgunner.com shall be governed by the laws of the United States of America and the State of Colorado without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in Colorado.

You are subject to the laws of the Jurisdiction in which User resides and/or from which user accesses Bidgunner.com and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If User opens an account and/or participates in auctions offered by Bidgunner.com while located in a prohibited Jurisdiction, User will be in violation of the law and these Terms & Conditions, and subject to having Users account will suspend or closed permanently. User agrees that Bidgunner.com cannot be held liable if laws applicable to User restrict or prohibit Users participation.

The UN Convention on the International Sale of Goods shall not apply.

Protection of Data: Collection, Processing, and Use of our Customers' Personal Information

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

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Entire Agreement

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

Note:

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