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Политика конфиденциальности Oldbid LLC

Our Commitment To Privacy

Oldbid LLC is committed to maintaining user privacy on the Oldbid Online Auctions Platform, accessed via any Oldbid LLC website, application, service, or tool, regardless of how you access or use them, including through mobile devices. This Privacy Policy explains how Oldbid LLC and its affiliates (collectively "Oldbid LLC", or "we", or "us", or "our") collects, uses, and shares your personal information in connection with your use of the Online Auctions Platform and our services, and explains your choices for how we handle your personal information.

By creating an account, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree to its terms and conditions, you should not use or access our Online Auctions Platform. By accepting the Privacy Policy, you expressly consent to our use and disclosure of your personal data in accordance with the Policy. The Privacy Policy is incorporated into and subject to the terms of any agreement you sign with Oldbid LLC and becomes applicable upon our acceptance of you as a registered user. If you have any additional questions about our Privacy Policy, please feel free to contact us at info@oldbid.com.

For the purposes of this Privacy Policy, the term "personal data" means any information that identifies you or which allows you to be identified when combined with other information.

Personal Data We Collect

If you choose to use our services, we may require collect, use, store, and transfer various categories of personal data about you.

Where possible, we indicate fields that are required and those that are optional. You are not required to provide data if you choose not to use a particular service or feature.

Data You Give Us

When you use our Online Auctions Platform, you may provide personal data through direct interactions such as completing forms.

  • Account Data includes email address, username, and password.
  • Profile Data includes first name, last name, address, and phone number.
  • Email Preference Data includes your preferences in receiving marketing fr om us.
  • Communication Data includes personal correspondence sent via emails, letters, or messages sent through our Online Auctions Platform, including feedback and survey responses.

Data We Collect Automatically

When you use our Online Auctions Platform, we may automatically collect data about your usage and your device so we can better understand, protect, and improve our service for you and our community. We collect this personal data by using cookies, web beacons, unique identifiers, and other similar technologies.

  • Usage Data includes data about your activities on our Online Auctions Platform such as clicks, bids, searches, auctioneers you follow, and browsing actions and patterns.
  • Technical Data includes internet protocol (IP) address, location information, your login data, browser type and version, device type and model, device identifiers, app errors, and debugging info.
  • Transactional Data includes records of transactions and payments related to items you purchase through our Online Auctions Platform.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived fr om your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any sensitive data about you, including race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health, sex life, or sexual orientation. We also do not collect data about criminal convictions or offenses.

Where possible, we indicate fields that are required and those that are optional. You are not required to provide data if you choose not to use a particular service or feature.

How We Use Your Personal Data

We may use your personal data for the following purposes:

  • To fulfill contracts with you and facilitate the services you personally request
  • To provide you customer support via various channels, including email, phone, and live chat
  • To improve our content, layout, and product offerings
  • To show you suggestions and targeted advertisements, including on other websites, based on your activities on the Online Auctions Platform
  • To measure consumer interest in our products and services
  • To inform you about online and offline offers, products, services, and updates
  • To solicit feedback about your experience using our service
  • To invoice you and collect money owed to use by you
  • To resolve disputes
  • To troubleshoot problems
  • To detect and protect us against error, fraud, and other criminal activity
  • To enforce compliance with our Terms & Conditions and applicable agreements, and to protect the rights and safety of our members and third parties, as well as our own
  • To comply with our legal obligations, including keeping records, and comply with any duties in the context of criminal or other investigations by competent authorities

When We Share Your Personal Data

When Registering for Auctions or Placing Bids

Auctioneers may access your Profile Data and limited Transactional Data such as bid history during the auction registration process to decide whether you are able to bid in their auctions or to fulfill their contractual obligation to arrange shipping.

When Using Services Provided by Third Parties

When using your personal data for the purposes listed above, we may have to share your personal data with third parties. These services include:

  • Email service providers and push notification tools who support us in sending transactional and marketing or promotional messages.
  • Service providers who provide customer service and sales support tools.
  • Advertising partners to inform you about products and services on third party sites.

We require third parties acting as data processors to respect the security of your personal data and to treat it in compliance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

When Legally Required

We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Business Transfers

We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

How You Can Access, Manage, and Correct Your Personal Data

You can upd ate the personal data associated with your account by visiting your Account Settings and Addresses Settings. You may also control the receipt of certain types of communications fr om Oldbid LLC in Account Settings. Some of these messages, such as transactional messages or legal notices, are required.

To delete or request a downloadable copy of your personal data fr om Oldbid LLC, contact us at info@oldbid.com. We may retain certain data as required by law or as necessary for our legitimate business purposes.

Your Legal Rights

You have the following rights under data privacy laws with respect to your personal data:

  • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Request to restrict processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object wh ere we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Withdraw consent at any time wh ere we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Data Security

The security of your personal data is important to us. We use industry-standard technical and organizational practices and procedures to protect your personal data from unauthorized or unlawful processing, accidental loss, and destruction or damage. Additionally, we lim it access to your personal data to employees and third parties who have a business need to know.

Data Retention

We will retain your data as long as your account is active, as necessary to provide you services. We will also retain and use this data as necessary for the purposes se t out in this Privacy Policy and to the extent necessary to comply with our legal obligation, resolve disputes, and enforce our agreements and protect Oldbid LLC’ legal rights.

We also collect and maintain aggregated, anonymized, or pseudonymized data which we may retain indefinitely to protect the safety and security of our Online Auctions Platform, improve our Services, or comply with legal obligations.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy you will be notified via email (if you have an account wh ere we have your contact information) or another manner through the Service that we believe reasonably likely to reach you (which may include posting a new privacy policy on our Online Auctions Platform–or a specific announcement on this page or on our blog).

Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Use of Our Online Auctions Platform by Children

Our Online Auctions Platform is not intended for children (persons under the age of 18), and we do not knowingly collect data about children. We ask that children do not submit any personal data. If you are under the age of 18, you may only use this Online Auctions Platform in conjunction with and under the supervision of parents or guardians.

Contact

If you have a question or complaint about this Privacy Policy, or if you would like to access, correct, amend, or delete any personal data, you can contact us at info@oldbid.com. Also, you can call or write to us:


Oldbid LLC
3932 Carman Dr
Lake Oswego, OR 97035
United States

+1 (386) 301-3229

Last updated: October 22, 2019

Положения и условия Oldbid LLC

Introduction

Welcome to Oldbid LLC auction User Agreement (the "Agreement"). This Agreement contains terms and conditions applicable to your use of the auction services we host, as well as your participation in auction events conducted by an Auction House ("Auction House").

By using the services on any Oldbid LLC website (i.e., Oldbid.com and any other related websites where this Agreement appears), you are agreeing to the following terms and conditions, including those available by hyperlink, with Oldbid LLC, as well as our subsidiaries and affiliates ("Oldbid LLC").

Before you may become a member of Oldbid.com, you must read and accept all of the terms and conditions in, and referenced by, this Agreement and our Privacy Policy (whether such terms and conditions are contained in the primary document itself or are hyperlinked to related documents). Some Oldbid LLC-branded websites, or sites that we operate, may also be governed by separate user agreements and privacy policies that you should also read.

You acknowledge and agree that we may amend this Agreement at any time, and from time to time, by posting the amended terms on our website. Unless, and only to the extent, expressly stated to the contrary herein, all amended terms and conditions shall automatically be effective on a prospective basis once they are posted on our site. Accordingly, you are encouraged to periodically review our terms of use for any such changes and/or amendments.

Auction Agreement

  • Eligibility. Each Auction House that conducts an auction will have its own eligibility requirements that must be met in order for you to participate in that auction. You may be required to apply for and obtain approval in order to participate in a specific auction. Approval to participate in one auction does not guarantee approval to participate in any other auction, conducted either by that Auction House, or another Auction House. Each Auction House has sole and absolute discretion to refuse to approve your eligibility for any auction.

  • Fees. Each Auction House may charge a buyer's premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are subject to change depending upon the Auction House and the particular item for sale and are set by the Auction House.

  • Oldbid.com is Only a Venue.

    (a) Services. We are not an auction house and are not conducting the auctions. Our service allows you to participate in auctions conducted by the Auction House. We are solely a passive conduit to facilitate communication between you and the Auction House. We reserve the right in our sole and absolute discretion to change some or all of our services at any time.

    (b) Control. We have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, or the ability of the Auction House to sell and the ability of buyers to buy items. We also do not ensure or guarantee that a buyer or seller will actually complete a transaction.

    (c) Compliance with Laws. You acknowledge and agree that the use, purchase, distribution, promotion, advertising, and sale of certain products are subject to federal state, and local regulations, including, but not limited to, firearms, Indian artifacts, recalled products, children's products, alcoholic beverages, coins, and currency. You further acknowledge and agree that Oldbid LLC' role with respect to the sale of products is limited to providing a conduit through which a prospective purchaser is able to participate in an auction. Oldbid LLC does not review or evaluate the products auctioned, or verify the descriptions given or claims made, by Auction Houses regarding the products. You expressly represent that you shall comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations relating to your use, purchase, and distribution of any products that you bid upon or purchase through Oldbid LLC (hereinafter, the "Regulations"), including, but not limited to, (i) the Gun Control Act of 1968 and all regulations promulgated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (collectively, the "Firearms Regulations"), (ii) the Consumer Products Safety Improvement Act of 2008 and all regulations promulgated by the U.S. Consumer Products Safety Commission, and (iii) the Indian Arts & Crafts Act of 1990 and any additional laws and regulations applicable to the sale of Indian arts and crafts. You shall at all times defend, indemnify and hold Oldbid LLC, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, harmless from, and against, any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney's fees) of any nature or kind, arising under or resulting from: (i) your use, purchase, or distribution of any products in violation of any Regulations; (ii) your use of Oldbid LLC in connection with the purchase of any products subject to any Regulations; and (iii) your alleged or actual violation or breach of any Regulations.

    (d) Release. Since we are not involved in the actual transactions between buyers and Auction Houses, in the event that you have a dispute with an Auction House, you hereby release Oldbid LLC (and our shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns) from causes of action, suits, claims, demands, judgments, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code § 1542, as amended from time to time, and any similar statutes, to the extent that such statute(s) prohibits a general release from extending to claims that a creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by the creditor, would materially affect his/her settlement with the debtor.

  • Auction Houses. The Auction House will list available items on which you may bid. Auction dates and times, as well as the number, character, and order and schedule of the items to be auctioned, are set by the Auction House and are subject to change without notice. Individual lots and items may be modified or changed at any time. Some lots and items that are made available on the auction floor will not be included in the online auction services. We do not control the information that is provided by the Auction House, which is made available through our system. We also do not guarantee that the Auction House maintains proper auctioneers' licenses or complies with all applicable laws, rules, and regulations.

  • Bidding, Buying and Conditions of Sale. The terms and conditions for participation in each auction, including how bids are accepted, rules governing absentee bids, bid increments, bid retraction and cancellation, the conditions the buyer must meet to purchase an item, as well as the specific conditions of sale (such as warranties, shipping costs, insurance, and the like) may change for each auction at the sole discretion of the Auction House. The Auction House is required to post its terms and conditions and to maintain such terms throughout the auction period. You agree to be bound by those bidding terms and conditions of sale by agreeing to this Agreement. This Agreement, in addition to those Auction House terms and conditions, governs your bidding activity, as well as your participation in each auction. The Auction House acts as an auctioneer and makes the sole, final determination with respect to bidding on the item, the sale of the item, and the resolution of any disputes. All matters relating to a refund or return of won items are also determined by the outlined terms and conditions of the Auction House.

  • Video and Audio. Any audio or video aspects of an auction event are for entertainment purposes only.

  • Use of Images. Oldbid LLC has the right to use, on its website and in advertising and promotional materials, images (including photographic images) of items being sold or that have been sold on its website, including images of items which have been purchased through the site.

  • Using Oldbid.com website. While using Oldbid.com website, you shall not: (a) violate any laws, rules, regulations or third party rights; (b) use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; (c) fail to deliver payment on any item that you purchased through our sites; (d) manipulate the price of any item or interfere with other user's listings; (e) post false, inaccurate, misleading, defamatory, or libelous content (including personal information); (f) distribute or post spam, chain letters or pyramid schemes; (g) distribute viruses or any other technologies that may harm Oldbid LLC, our sites, or the interests or property of Oldbid LLC' users; (h) copy, modify, or distribute content from our sites and/or violate Oldbid LLC's copyrights and trademarks; or (i) harvest or otherwise collect information about users, including, without limitation, email addresses, without their consent. Nor shall you encourage or assist any third party to engage in any of the prohibited conduct set forth above. Any violation of this provision shall constitute a material breach of this Agreement and, under such circumstances, we will have the right, in our sole and absolute discretion, to prohibit your access to our sites and to suspend or terminate your right to use our services.

  • Abusing Oldbid.com. (a) Oldbid LLC will work to keep our sites and services working properly and safely. Please report problems, offensive content, and any policy violations to us. (b) Without limiting our remedies, it is understood that we may limit, suspend, or terminate our services and user accounts, prohibit access to our sites, delay or remove hosted content, and take technical and legal steps to keep users off our sites if we believe that they are misusing, abusing, or interfering with the provision of our services, engaging in unlawful conduct, or acting inconsistently with 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.

  • Access and Interference. The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Oldbid LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior, express written consent of Oldbid LLC and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of our sites or any activities conducted on the sites; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

  • Privacy. Any information you provide to us, and your use of information available on our websites, is governed by our Privacy Policy. Any information you provide to the Auction House or other third parties is governed by their respective privacy policies. We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in the Oldbid LLC Privacy Policy. We consider the protection of our users' privacy as a high priority. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide. We use third parties to verify and certify our privacy security methods. For a complete description of how we use and protect your personal information, please review the Oldbid LLC Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

  • Intellectual Property/Restrictions on Use. We reserve all rights with respect to the design and content of our websites. In particular, you may not misappropriate the design or content of our sites and you may not alter or deface such design or content in any way. Nothing on our websites grants any license with respect to such design or content. All trademarks, service marks, trade names, logos, graphics, articles and other materials on our sites are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, service marks, trade names, and logos displayed on our sites are proprietary to Oldbid LLC, its affiliates, or third-party owners and our websites grant no license thereto.

  • Indemnity. You will defend, indemnify and hold Oldbid LLC, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, harmless from, and against, any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney's fees), sought by any third party and which results from, or arises out of, your breach of this Agreement, your unlawful actions or conduct, or your violation of the rights of any third party.

  • No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  • No Warranty. WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT BIDS WILL BE RECEIVED BY THE AUCTION HOUSE OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION. NOR DO WE GUARANTEE THE PERFORMANCE OF ANY OBLIGATIONS BY AN AUCTION HOUSE. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states' laws may not allow a disclaimer of implied warranties in certain circumstances, in which case the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you also may have other legal rights which vary from state to state.

  • Liability Limit. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, OUR SITES, OUR SERVICES, THE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED OR RECEIVED BY YOU OR THE AUCTION HOUSE IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, AUDIO OR VIDEO BROADCAST, OR THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00. Some states' laws may not allow a limitation of liability in certain circumstances, in which case the foregoing limitation may not apply to you.

  • Notices. Any notice, demand, request or other communication which you may desire or be required to give to Oldbid LLC hereunder shall be in writing and shall be given by certified mail, return receipt requested (with postage prepaid), or by Federal Express or other similar overnight delivery service (with fees prepaid), to Oldbid LLC current address or at any other address that we may designate in writing in the future. Any notice, demand, request or other communication which we may desire or be required to give to you hereunder shall be in writing and shall be given by email to the email address you provided to Oldbid LLC during the registration process, or by certified mail, return receipt requested (with postage prepaid), or by Federal Express or other similar overnight delivery service (with fees prepaid), to you at the address you provided to Oldbid LLC during the registration process. All notices given by e-mail shall be deemed given as of 5:00 P.M. eastern standard time on the business day following the day of transmission. All notices given by mail shall be deemed to have been given three (5) business days after mailing and all notices delivered by overnight delivery service shall be deemed given when delivered.

  • Force Majeure. No party shall be liable for any failure or delay in performing any obligation under this Agreement that is due to a Force Majeure event, such as Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service). If a Force Majeure event occurs, the affected party will notify the other party and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure event on the performance of this Agreement. However, this provision does not excuse your obligation to pay for services actually received.

  • Arbitration. If a dispute, controversy, claim or cause of action arises out of, or in connection with, this Agreement or any breach or alleged breach thereof (the "Dispute"), and if the Dispute cannot be settled through direct discussions, we mutually agree to endeavor first to settle the Dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures then in effect (or under any other form of mediation mutually acceptable to the parties involved) before resorting to arbitration. Any unresolved controversy or claim relating to the Dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect (or under any other form of arbitration mutually acceptable to the parties involved), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all parties to the Dispute agree, a mediator involved in the parties' mediation may be asked to serve as the arbitrator. Any award rendered shall be final and conclusive upon the parties. The costs and expenses of the mediation and arbitration shall be borne equally by the parties, provided, however, that the arbitrator shall award to the prevailing party, if any, the reasonable costs and attorneys' fees incurred by the prevailing party in connection with the mediation and arbitration. If the arbitrator determines that a party was the prevailing party on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the reasonable costs and attorneys' fees incurred by the prevailing party in connection with the mediation and arbitration. In the event this mediation/arbitration provision is found to be completely unenforceable or inapplicable for any reason, then any dispute, controversy, claim or cause of action arising out of, or in connection with, this Agreement or any breach or alleged breach thereof, shall be brought in the state or federal courts and you irrevocably consent and submit to the jurisdiction of such courts for the purpose of litigating any such action and waive trial by jury. The prevailing party in such action shall be entitled to recover its reasonable costs and attorneys' fees incurred in connection therewith, and if it is determined that a party was the prevailing party on some but not all of the claims and counterclaims, such party may be awarded an appropriate percentage of the reasonable costs and attorneys' fees it incurred in connection therewith.

  • General. (a) This Agreement constitutes and sets forth the entire agreement and understanding of the parties pertaining to the subject matter hereof, and supersedes all prior or contemporaneous written or oral agreements, understandings, undertakings, negotiations, promises, discussions, warranties or covenants that are not specifically contained herein; (b) The headings, sections, or titles of the various paragraphs of this Agreement are inserted merely for the purpose of convenience and do not expressly or by implication or intention, limit, define, extend or affect the meaning or interpretation of this Agreement or the specific terms or text of the section so designated. All personal pronouns used in this Agreement shall include the other genders, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural and vice versa, whenever, and as often as may be, appropriate; (c) This Agreement shall be governed in all respects, whether as to validity, construction, interpretation, capacity, performance or otherwise, without regard to principles of conflicts of laws; (d) If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, then such provision shall be deemed stricken herefrom and the remainder of this Agreement shall remain at all times in full force and effect. Such invalid or enforceable provision shall, to the extent legally permitted, be replaced by a valid and enforceable provision that comes closest to the parties' intent underlying the invalid or unenforceable provision; (e) It is understood that any accrued but unpaid financial obligations, and any other terms related to such financial obligations, shall survive the expiration or termination of this Agreement; (f) No waiver of any breach, privilege or provision of this Agreement will be construed as a waiver of any rights or remedies arising from any other or future breach, privilege or provision; (g) We may, in our sole discretion, assign or otherwise transfer this Agreement to a third party.

  • Future Terms. Oldbid LLC may amend, modify, add or remove any of these terms and conditions at any time, and from time to time. If we do so, we will post such changes on this page. IF ANY FUTURE CHANGES TO THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND OF ANY SUCH CHANGES.

  • Company contact information:

    Oldbid LLC
    3932 Carman Dr
    Lake Oswego, OR 97035
    United States

    Phone: +1 (386) 301-3229

    • Last updated: October 22, 2019