Terms of use
Access and use of Underbid web site is currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms "Underbid", "we", "us", and "our" refer to Underbid, Inc. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion
You are at least 18 years old or you are visiting Underbid under the supervision of a parent or guardian. Underbid grants you a limited and revocable license to use the Underbid website for the purpose of shopping online with the Underbid. You may not copy, reproduce, distribute, display, create derivative works from, translate, modify, reverse-engineer or otherwise exploit Underbid or any portion of it. You may not make any commercial use of any information provided on Underbid or make any use of Underbid for any commercial benefit.
Underbid reserves the right to refuse service, terminate accounts and/or cancel orders or portions there of in its discretion, including, without limitation, if Underbid determines that any customer conduct violates applicable law or is harmful to the interests of Underbid. You will not upload to, distribute or otherwise publish through Underbid any information or material that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or includes any viruses, worms, Trojan horses or other harmful code or properties. In using the Underbid site you may be required to select a password and account identification. You are solely responsible for protecting the security and confidentiality of this password and identification. You will be responsible for all activities that occur under your account and password, whether or not such use is actually authorized by you.
Payment transaction processing
Underbid facilitates the processing of purchases made by you on Underbid.com You authorize Underbid to process payment transactions on your behalf or to pass the payment transaction information and shipping or other information on to the partners and suppliers. You also authorize adjustments or reversals to be made to your payment method (credit card, debit card or other means of payment) in connection with returns, cancellations, reversals, refunds or other adjustments.
Copyright and patents
All content included on Underbid including text, graphics, button icons, images and software belongs exclusively to Underbid.com or it's affiliates. The collection, arrangement, and assembly of all such text, graphics, button icons, images and software belongs exclusively to Underbid and is protected by United States and international copyright laws.
Trademarks
Underbid and other logos, service or trade names used on Underbid are registered trademarks, trademarks or service marks of Underbid, its affiliated corporate entities or its partners and suppliers. The use of any Underbid trademark or service mark is prohibited without the prior written consent of Underbid.
Risk of loss
The risk of loss and title for items purchased by you pass to you upon the delivery of the items to the carrier.
Termination and effect of termination
In addition to any other legal or equitable remedy, Underbid may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of Underbid and Underbid may revoke any password(s) and/or account identification issued to you and deny you access to and use of Underbid. Any such action shall not affect any rights and obligations arising prior thereto.
Disclaimer and limitation of liability
The products offered for sale on Underbid and the transactions conducted upon and through it are provided to you on an "as is" basis. Underbid makes no representation of any kind, express or implied, as to the operation of Underbid or the information, content or products presented on Underbid. To the extent allowed by law, Underbid disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and systems integration. Underbid may include inaccuracies, mistakes or typographical errors.
To the extent allowed by law, Underbid will not be liable for any damages of any kind arising from your use of Underbid including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages. To the extent allowed by law, the total liability of Underbid to you for any damages will not exceed the total amount of money actually paid by you during the eight (8) weeks immediately before the act giving rise to the alleged responsibility of Underbid.
Product information
We do everything we can to ensure the accuracy of the product information or prices displayed, but occasionally, errors occur. Please notify Underbid of any information or pricing inaccuracies so that we will do our best to correct the problem. We apologize for any inconvenience this may cause.
Remedies
The remedy of Underbid at law for any actual or threatened breach of these terms and conditions would be inadequate and Underbid will be entitled to specific performance or injunctive relief, or both, in addition to any damages that Underbid is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Underbid shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No waiver by Underbid of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Applicable law
The laws of the State of New York will govern these terms and conditions without giving effect to any principles of conflicts of laws.
Copyright © 2010 Underbid, Inc. All Rights Reserved. Designated trademarks and brands are the property of their respective owners.