Grand Slam Bids

February 09, 2012

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Terms and Conditions

	Grand Slam Bids, Inc. User Agreement Greetings and welcome to Grand Slam Bids aka GSB and/or grandslambids.com. By using GSB (and its related services and tools) you agree to the following terms and conditions. This Agreement is in force on January 18th, 2010, for current users, and upon acceptance for new users. Before you may become a member of GSB you must read and accept all of the terms herein. By using www.grandslambids.com you are hereby accepting this User Agreement and you agree that this User Agreement will apply whenever you use GSB sites or services, or when you use the tools we make available to interact with GSB site(s) and services. Using the GSB website, www.grandslambids.com (the �site�) While using GSB (Grandslambids.com) services, website(s) and tools, you will not: * Post content or items in an improper category or areas on the site(s) * Breach any laws, third party rights or GSB policies, such as items prohibited herein; * Utilize our website, services, or tools if you are unable to form legally binding contracts, are under the age of 18, or are provisionally or indefinitely forbidden from using our website, services, or site features; * Neglect to deliver payment for items bought by you, unless the seller has materially changed the item's description following your bid or an obvious typographical error is made. * Fail to deliver GSB items purchased from you, unless the buyer fails to meet the posted terms and conditions, or you can�t verify the buyer's identity; * Fraudulently affect the price of any item, including but not limited to, shill bidding or interfere with other users' listings; * Avoid or manipulate our fee structure, the billing process, or fees owed to GSB; * Write or post false, inaccurate, misleading, defamatory, or libelous matter (including personal information); * Perform any action that may undermine the Reputation Rating system of GSB; * Transfer your GSB account (including Reputation Rating) and user ID to another party without our written consent; * Distribute or post spam, unsolicited, or bulk electronic communications or pyramid schemes through any GSB website; * Distribute viruses or any other technologies that may harm GSB, or the interests or property of GSB users and members; * Duplicate, modify, or otherwise distribute rights or content from the GSB website * Gather or otherwise collect information about users, including any personal information, including email addresses, without their written consent. Remedies for Policy Violations Without limiting other remedies, we may, at our sole discretion limit, suspend, or abolish our service and user accounts, prohibit access to our site(s) and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the site(s) if we feel they are creating a nuisance, or possibly legal liabilities, infringing the intellectual property rights of third parties, or acting with an opposing intent of the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue all GSB services including any and all websites. Buyer Protection Buyers share the obligation for making sure purchases facilitated by GSB venue(s) are professional, hassle free and in keeping with a collecting spirit. We wholeheartedly encourage buyers to work with sellers before opening a claim relating to a transaction. Buyers and sellers agree to follow the requirements of all GSB rules and regulations. We require GSB sellers to comply with our Resolution Process. Sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with GSB. * Sellers must have a reimbursement method on file with GSB. * For future claims where the seller is found at fault, we will notify the seller and continue to charge the sellers preferred method for any reimbursements. Changing a reimbursement method will not affect GSB's use of a payment method on file for other purposes (such as payment of your GSB fees). If sellers do not provide GSB with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies and/or legal representation. We may also suspend or restrict sellers from trading on our site(s) until payment is made. Fees and Services Joining Grandslambids.com and bidding and buying items is free. GSB charges fees for using other services such as listing items on our website. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change at our sole discretion and at any time. Changes to that schedule are effective after we provide you with at least 30 days' notice by posting the changes on the GSB site. We may choose to temporarily change the fees for our services for promotional or seasonal events (for example, free or reduced fee listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the site. Unless otherwise stated, all fees are quoted in U.S. Dollars and cents. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner (30 days) with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed GSB using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel). If we have to incur fees in the collection of those charges, all of those fees, with interest, will be paid by the fees-delinquent member. Content When you post content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known, in perpetuity. You will not hold GSB responsible for other users' content, actions, inactions or items they list on a GSB owned site. You acknowledge that we are not a traditional auctioneer or seller. Our site is a venue to allow members to offer, sell, buy or trade items, at anytime, from anywhere, in a variety of pricing methods and locations, such as GSB Stores, fixed price formats, auction-style formats and trades. GSB is not involved in the actual transaction between buyers and sellers. While GSB may help facilitate the resolution of disputes through various means, we have no control over and do not guarantee the quality, safety, authenticity or legality of items advertised, the truth or accuracy of users� content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this Agreement shall modify the governing provisions of the Texas Uniform Commercial Code... unless the buyer and the seller agree otherwise, in writing. Further, we cannot guarantee continuous or secure access to our site, services, or tools, and operation of our site, services, or tools may be interfered with by many factors beyond our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our site(s), services, and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under GSB Fees and Services) you paid to us in the 6 months prior to the action giving rise to the liability, or (b) $150. Release If you have a dispute with one or more users, you release GSB (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and/or consequential) of every kind and nature, known and unknown, arising out of, or in any way, connected with such disputes. Access and Interference The site(s) contain robot exclusion headers. Much of the information on the site is updated on a real-time basis and is proprietary or is licensed to GSB by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not: * Take any action that imposes or may impose (in our sole discretion) an excessive or unreasonable load on our infrastructure; * Copy, reproduce, modify, create derivative works, distribute, or publicly display any content (except for your information) from the site without the prior express written consent of GSB and the appropriate third party; * Interfere or attempt to interfere with the proper working of the site, services, or tools, or any activities conducted on or with the site, services, or tools; or * Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site. Privacy We view protection of users' privacy as a very important principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account and opt out of those announcements. If you object to your information being transferred or used in this way please do not use our services or website(s). Indemnity You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this GSB Agreement, or your violation of any law or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated by us otherwise, legal notices shall be served on GSB�s national registered agent (in the case of GSB) or to the email address you provide to GSB during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Resolution of Disputes If a dispute arises between you and GSB, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GSB agree that we will resolve any claim or controversy of law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation, where deemed appropriate by us. * Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GSB must be resolved exclusively by a state or federal court located in Collin County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Collin County, Texas, for the purpose of litigating all such claims or disputes. * Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $9000.00, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties, in writing. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall involve no personal appearance by the parties or witnesses unless otherwise mutually agreed by all parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Additional Terms Each of these policies may be changed from time to time. Changes take effect when we post them on the GSB site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement. General GSB Inc. is located at 1717 Angel Parkway, PO BOX 124, Allen, TX., 75002. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We may not take action against any or all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing, hand signed by us. For purposes of this provision, �writing� doesn't include an email message and a signature doesn't include an electronic signature. This Agreement sets forth the entire understanding and agreement between us, and you, with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.
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