Terms & Conditions
1. User's Acknowledgment and Acceptance of Terms
We make various services available on this site including, but not limited to, auction and bidding services. Fees for the various services are set out in the membership and service fees described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS“ and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Registration Data and Privacy
In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data“) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
REGISTERING WITH BIDDERGY.COM IS FREE.
If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 10 days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due or otherwise for the enforcement of Biddergy’s legal rights, you agree to reimburse us for all expenses incurred to recover sums due or otherwise enforce Biddergy’s legal rights, including attorney fees and other legal expenses.
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming“), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials“ below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
General Counsel: Sielatycki Law Firm, PLC
1919 East Kilgore Service Road
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
In addition, the materials on this site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms“). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will Biddergy or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this site.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The Buyer of any auction items expressly agrees to indemnify and save Biddergy, Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of Biddergy, or anyone acting on its behalf in connection with or arising out of auction.
Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.
The parties further agree that in the event of any conflict between any parties relating to the services provided by Biddergy and its Affiliates, Biddergy is authorized to refuse to disburse funds until the parties arrive at a mutual written agreement regarding disbursement, or until a court of proper jurisdiction arrives at a final adjudication regarding the disposition of the funds. Moreover, should the parties fail to reach a written agreement regarding disbursement, Biddergy is authorized to interplead the funds with the Clerk of Courts for the appropriate jurisdiction and the parties agree to thereafter dismiss Biddergy, if named, as a party in said litigation. All costs associated with an interpleader action shall be deducted from the funds and/or paid equally by the parties in dispute.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may make email services available to users of our site, either directly or through a third-party provider.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as “spam“) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
This site (excluding any linked sites) is controlled by us from our offices within the State of Michigan, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Michigan, by accessing this site both of us agree that the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of Kalamazoo County and the United States Western District Court of Michigan the with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at Biddergy, LLC, 1919 East Kilgore Service Road, Kalamazoo, Michigan, 49001, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
20. Age Restrictions
You must be at least 18 years old to bid.
21. Non-Refundable Deposit
Biddergy RESERVES THE RIGHT to charge your credit card 20% of your purchase or your total purchase amount immediately following the sale. The Balance will be due within five business days and prior to removal of purchased item(s), payable by cashiers’ check, cash, credit card, or wire transfer. Note that the purchase price is the sum of the bid price, buyer’s premium, and sales tax if applicable. All payments must be in U.S. Funds. Biddergy reserves the right to charge any remaining balance of your purchase price on your credit card if the balance is not otherwise paid by you within 7 days. We do not accept partial payments. Invoices must be paid in full. In any auction where a deposit is required, said deposit shall be non-refundable and shall be kept by Biddergy in the event of Buyer’s default. Notwithstanding the foregoing, nothing herein shall act as a limit or waiver of any and all of Biddergy’s legal remedies, all of which are expressly preserved.
21a. Interest and Storage Fees
Any payments not received within seven (7) days of auction shall accrue interest charges at 11% per annum. In addition, if Biddergy elects to store the property as contemplated in Section 23, Buyer will be responsible for all daily storage costs associated with said storage at a minimum of $2.00 per day per item. Greater storage and/or handling fees may be assessed for irregularly shaped or sized items or those items requiring special care. Nothing contained herein shall be interpreted as a waiver by Biddergy of any and all of its available rights and remedies.
22. Sale Conditions
All items are sold subject to discretion and confirmation by Biddergy. Additionally, a buyer’s premium will be added to all purchases. This buyer’s premium varies, depending on the auction. You may also call us to find out the exact amount of the buyer’s premium for any auction. Transactions made outside of Biddergy's auction platform will be subject to a buyer's & seller's premium of those under contract. Real Estate Auctions - Buyer and seller fees are to be paid to Biddergy if a property has sold within 1 year from an unsuccessful auction hosted by Biddergy.
23. Removal of Purchases
Each lot purchased shall be paid for and removed from the premises by the purchaser at his expense and risk within seven (7) days of the auction. If the purchaser fails to remove any such lot or part thereof within such period, Biddergy or its Affiliates shall have the right (but shall be under no obligation so to do) either in the name of Biddergy or other seller or of the purchaser, to remove, store, abandon, discard, sell or otherwise dispose of each or any part of the lot bid in or purchased, at the expense and risk of the purchaser, whether such lot has been paid for in whole or in part, all without waiving any other rights that Biddergy or other seller may have against the purchaser. After thirty (30) days of the auction, in addition to its other remedies, Biddergy may deem the lot abandoned by purchaser. In all circumstances, the purchaser shall be and shall continue to remain liable for the purchase price of the item as well as all loss, expense and other damage, directly or indirectly sustained by Biddergy or other seller, by reason of the failure of the purchaser to comply with the foregoing conditions. Purchaser agrees to hold harmless Biddergy.com,clients, and the property owners in addition to its officers, directors, employees, agents, contractors, and representatives from any and all actions, claims, demands, damages, costs, expenses, injuries, and all consequential damage. Purchasers are responsible for the removal of any and all items at own expense and risk.
24. Sales Tax
All bidders will be subject to the Michigan 6% sales tax unless you provide our office with the documentation we require for exemption or unless stated differently in the auction terms.
Biddergy is required by the State of Michigan to broker all vehicles sold. A $120.00 broker fee will be charged for all vehicles which we need to broker. In addition a $15.00 fee for title transfer will be charged. Non-Michigan Residents will pay according to their state rules for titled vehicles. Buyers will need to sign the appropriate paperwork required by the state for title transfers. It will take approximately 10 business days to receive your title from the Secretary of State.
26. Seller Information
Seller's have given Biddergy the right to sell / consign items at public auction. The Seller agrees to maintain insurance on all items and holds Biddergy harmless for any damage or any of liability. The Seller or their agent reserves the right to bid on their own item in order to protect their investment.
27. AS IS / WHERE IS
All items sell AS IS WHERE IS with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. All sales are made on an AS IS - WHERE IS basis with all faults. All buyers are urged to physically inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason. Buyer agrees that these terms as well as all other terms set forth below, can be amended or revised only in writing, signed by the auctioneer. Buyer also agrees that any oral representation made by the auctioneer shall not modify these "AS IS - WHERE IS" terms. Buyer understands that any description given in the catalog or written on the equipment is not guaranteed, such that Buyer will rely solely on their own inspection. All information and descriptions contained in advertising this sale are believed correct, but no responsibility is assumed by Biddergy or Seller for any errors or omissions.
28. Posted Closing Times
Posted closing times and displays of Biddergy’s current time are approximate. Biddergy reserves the right to close early or extend auctions at any time in its sole discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Time Zone where the auction is located.
29. Auto Extend
Auction dates and times are approximate and Biddergy reserves the right to alter times and dates at its discretion. Times are listed as Eastern Standard Time unless otherwise noted. All auctions are programmed to extend 5 minutes if last minute bids are placed. If no other bids are placed within 5 minutes, auction will end.
30. Biddergy’s Right to Terminate Purchase
If for any reason Biddergy is unable to complete the sale of any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that Biddergy may terminate the purchase/agreement, in which case Biddergy’s only liability shall be the return of any monies actually paid by buyer.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Biddergy has zero tolerance for persons stealing or attempting to steal merchandise from its locations. Biddergy will prosecute persons to the fullest extent of the law. Biddergy offers its employees cash rewards for reporting such incidents. Individuals caught will be liable for these costs.
In the event a seller cancels an auction, Biddergy reserves the right to collect all agreed upon costs and estimated premiums/fees if the sale was to occur.