AHAbids.com

The following General Terms of Use (“Terms”) shall apply exclusively to the business relationship between AHAbids.com (“AHAbids”), its internet platform www.AHAbids.com (“the Website”) and our users as well as the manner in which AHAbids and its automatic bidding feature "Otto Bid" operates as described in detail on the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms as well as the use of any particular feature of the Website such as the automatic bidding feature "Otto Bid".

Although you may “bookmark” a particular portion of the Website and thereby bypass this Agreement, your use of the Website still binds you to these Terms. AHAbids reserves the right to update or modify these Terms at any time without prior notice to you. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms as changed. For this reason we encourage you to review these Terms whenever you use the Website. By using any services offered on the Website (the “Services”), purchasing products on the Website (“Products”) or accessing the Website, you agree to be bound by these Terms whether or not you open an account (“Account”) to subscribe to particular Services or purchase Products. As long as you comply with these Terms, AHAbids grants you a personal, non-exclusive, non-transferable, limited privilege to enter and us the Website. Additional terms and conditions may apply to the use of Services or purchase Products and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website or for any Service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific Service.

By accepting these Terms through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18 you may not use the Website and parents or legal guardians may not agree to these Terms on their behalf. If you do not agree to, or cannot comply with, any of these Terms, do not use the Website. All billing and registration information must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms. By using the Website, you agree to accept and pay for the items you place a winning bid on. Upon the approval of your Account AHAbids hereby grants to you permission to use the Website as set forth in these Terms, provided that your use of the Website as permitted is solely for the purposes expressly agreed upon by AHAbids, you will not copy or distribute any part of the Website in any medium, you will not alter or modify any part of the Website and you will otherwise comply with the terms and conditions of the Terms of Use. Further, you agree to use the Website and its Services only in a manner consistent with any and all applicable laws and regulations and these Terms.

You agree that if any payment for Bids, Bid Packages or Products is returned or dishonoured, for any reason, the user will be charged a fee equal to $20.00 which is a fair estimate of costs and expenses to AHAbids for such a return. Without limitation to any other rights or remedies AHAbids reserves the right to disable such user’s Account and withhold delivery of products until all obligations are paid in full.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may not reproduce publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Site is the property of AHAbids or its suppliers and protected by U.S. and international copyright laws. The Contents and software on the Website may be used only as an auction resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Website is strictly prohibited.

Any bidding advice or other written advice posted on the Website are provided solely as suggestions and are not intended to be relied upon. AHAbids is not responsible for any action taken due to a user or other person having read or been told about such advice. AHAbids advises all users to monitor their bidding practices. Placing frequent or repeated bids on the Website can become expensive. Users should therefore pay attention to their bidding practices and monitor their account and charges regularly.

You understand that by using the Website or any Services provide on the Website, you may encounter Content that may be deemed by some to be offensive, indecent or objectionable, which may or may not be identified as such. You agree to use the Website and any Service at your sole risk and that AHAbids and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by AHAbids, one of its affiliates or by third parties who have licensed their materials to AHAbids and are protected by U.S. and international copyright laws. The compilation, specifically the collection, arrangement and assembly of all Contents on this site is the exclusive property of AHAbids and is also protected by U.S. and international copyright laws. AHAbids and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, process, technology, Content and other material which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of AHAbids or any third party’s intellectual property rights. The AHAbids names and logos and all related product and service names, design marks and slogans, are the trademarks or service marks of AHAbids. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the material contained on the Website. Access to the Website does not authorize anyone to use any name, logo or mark in any manner.

References on the Website to any names, marks, product or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply AHAbids endorsement, sponsorship or recommendation of the third party, information, Product or Service. AHAbids is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

These Terms are effective unless and until terminated by either you or AHAbids. You may terminate this Agreement at any time, provided you discontinue any further use of the Website. AHAbids may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in AHAbids sole discretion you fail to comply with any term or provision of this Agreement.

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall AHAbids or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website including, without limitation, damages for accuracy of results or computer failure or malfunction, even if an authorized representative of AHAbids has been advised of or should have know of the possibility of such damages. In no event will AHAbids be liable for any damages in excess of the fees paid by you in connection with your use of the Website.

While AHAbids strives to provide accurate Product and pricing information, pricing or typographical errors may occur. The item descriptions provided according to the best of AHAbids knowledge and belief do not constitute contractually stipulated features and characteristics, but rather serve only to provide information to the user. Images of Products may differ from the original. In the event that an item is listed with an incorrect price or with incorrect information due to an error in pricing or product information AHAbids shall have the right, at its sole discretion, to refuse or cancel any Auction results as a result. In the event that an item is mispriced, AHAbids may, at our discretion either contact you to determine an equitable remedy or cancel the Auction results and notify you of such cancellation. If the Auction results are cancelled then AHAbids shall refund all Bids to users involved in said cancelled Auction.

For you to access the auctions (“Auctions”) and certain features of the Website, you must create an Account that is accepted by AHAbids and must be maintained and used by you in accordance with these Terms and any applicable U.S. or State law. When creating your Account you agree to only provide accurate and complete information. Only one Account per person is allowed, unless otherwise expressly approved by AHAbids. Only individuals may open an Account, not entities, companies or trusts, co-ops etc. You are solely responsible for the activity that occurs on your Account and it is recommended you keep your Account password secure. You must notify AHAbids immediately of any suspected breach of security or the unauthorized use of your Account. AHAbids shall not be liable for any losses you may incur as the result of unauthorized use of your Account.

You must choose a username unique to the Account at the time of registration. The username chosen must be appropriate and not be offensive, deceptive, misleading, obscene or offend common decency nor infringe on the intellectual property rights of AHAbids or third parties. Usernames may NOT contain AHABIDS, AHABIDZ, AHABID, BACK, ADMIN, ADMINISTRATION or anything that implies the user is connected to and/or works for AHAbids.com, LLC. AHAbids will be solely responsible for determining whether a username violates any of the aforementioned Terms and can replace an Account holder’s username at any time without prior notice.

AHAbids operates the Website in a fair and impartial manner having no control over the ultimate outcome of an Auction. As such, AHAbids employees, independent contractors, and their immediate family members are not eligible to participate in Auctions. AHAbids’ Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial resellers. AHAbids reserves the right to terminate any users Account or deny access to the Website if it has reason to believe the user is a commercial reseller at any time.

AHAbids shall retain the right at its sole discretion to temporarily or permanently disqualify a user, terminate or disable their account and if appropriate, report suspected illegal activity to the appropriate authorities in the event of any abuse or unauthorized uses of the user Account due to action or omissions of the user which are in breach of these Terms or deemed detrimental to AHAbids or third parties. Unauthorized uses may include but are not limited to nonpayment of bids, using unauthorized third-party bidding software or the creation and/or use of multiple user Accounts by the same individual or household.

If these Terms are breached AHAbids reserves the right, along with any other legal remedies it may have, to withhold delivery of won or purchased items or withhold refunds for Bids. Users shall be in breach of these Terms if the user engages in any unlawful activity in connection with the Website or if the user creates or attempts to create interference with the Website or other users use of the Website.

You and AHAbids retain the right to terminate your Account, for any reason or no reason, with or without notice. If AHAbids terminates your Account for any reason other than your violation of these Terms, the Website rules and regulation and/or your violation of law, then AHAbids shall return to you the balance of any purchased and paid Bids in a manner chosen by AHAbids (ie. Email, US Mail or other courier service). If your Account is inactive for at least twelve (12) months, then AHAbids reserves the right to terminate your Account at any time and either retain any purchased or paid Bids or return the balance of any unused purchased or paid Bids in a manner chosen by AHAbids as described above.

You must purchase bids (“Bids”) to have the right to bid in an Auction. These Bids must be paid for in advance prior to any bidding on the Website. Bids can be purchased in packages for predetermined and posted prices as listed by AHAbids on the Website. (See Website for details) Unused and expired Bids purchased through a package are not refundable. Payment for Bids can be made via credit or debit card or through the payment agents listed on the Website. (See Website for details)

There are certain types of bids such as bonus Bids or Bids given as promotional giveaways that are valid for a limited time and may be limited to certain Auctions as determined by AHAbids. If the time expires for these Bids there is no refund available. Furthermore, certain bids given as promotional items may not be refunded at any time, have no monetary value and must be used on the Website as Bids in Auctions to be utilized. Free and promotional Bids are valid until the earlier of one year after credited to an Account, the termination of your Account, either by us or by you and/or the period allocable to such free or promotional Bid. Purchased Bids and Bid Packages are valid for the duration of your Account. However, AHAbids may return to you the balance of any purchased and paid Bids either by email, U.S. Mail and/or courier to your address that AHAbids has for that user. Should Bids that have already been purchased and used by a user not have been fully paid for, payment subsequently received from this user shall be used as payment towards any Bids not fully paid for until any and all such Bids are paid in full. Further, AHAbids reserves the right to retain any item purchased at Auction until all Bids have been paid for in full.

Users can place bids for Auctions in several ways depending on the Auction type. Bids can be placed by physically clicking on the bid button or can be placed automatically using the Ottobid feature. Please note, some auctions require the presence of the user to place bids and no Ottobid feature will be available. Once the user places a bid it is automatically deducted from the user’s Account. Any free or bonus bids shall be deducted from the user’s Account first prior to purchased bids.

The Ottobid feature allows a user to bid on Auctions even if they are not online at that time. The Ottobid feature will automatically submit Bids for the user according to preset specifications determined by the user. (See Website for further details of the Ottobid feature) Users are absolutely prohibited from using third party bidding software not authorized by AHAbids. Users further agree not to use or launch any automated system, including, but not limited to, “robots,” “spiders,” “readers,” etc. that access the Website in a manner that sends more request messages to the Website servers more rapidly that than a human user could reasonably produce in the same time period using a traditional online web browser. Using said bidding software and prohibited programs shall constitute a breach of the Terms and the users Account and access to the Website will be immediately terminated.

Placing a bid on an item increases the price of that item by an amount determined by AHAbids usually one penny. Users will be made aware of the increase through information posted concerning that Auction. A Bid placed on an item constitutes the users intent to enter into an irrevocable binding contract with AHAbids for the item the user bid on at the price of the item offered at the time the Bid was placed. No Bids placed on items can be retracted or taken back once they are made and are binding on AHAbids and the user. In the event that bid is the last bid made at the end of an Auction, the bid constitutes a binding contract between AHAbids and the user to purchase the item of the Auction at the bid price and under the conditions and terms provided for each specific Auction which may include shipping charges and costs. The contract to purchase the item is effective when the Auction is finished and the user placing the highest bid must confirm and claim the item as described below.

Placing a bid when the countdown timer displaying the time remaining in the Auction is under ten seconds shall reset the timer by another ten seconds until no other Bids are placed and the timer expires and reaches zero. Please note that if you intend on placing a Bid on any Auction item it may be prudent to not wait until the time is at or near zero. Please allow time in case there is a delay in the connection or other unforeseen circumstances in which your Bid is not credited. The user who placed the last and highest bid before the time expired wins the Auction. All other bids on the item expire at that time and become non-refundable unless a user who did not win the item chooses to use the Buy it Now option as described below. The winning bidder is determined according to the records in AHAbids database and AHAbids determination of the winning bidder shall be final. (Save in case of manifest error) Furthermore, AHAbids limits the number of auctions that any single user can win. (See Website for details)

AHAbids retains the right to close any Auction at any time by its sole discretion. Should an Auction be closed before a winner is declared AHAbids will return all the Bids to the users involved in said closed Auction. AHAbids reserves the right to reverse any Auction due to any technical issue or any other issue that would affect the integrity of the Auction at anytime without notice. Bids will be returned to a users Account accordingly and any money received by AHAbids for shipping and or the sale price of the Auction will be returned.

After an auction has ended and a winner has been determined the winner will be notified via email. The winner also has the ability to see all items won in their Account information in the “Auctions Won” section. The winner will be notified in both instances of the total price of the item including but not limited to shipping costs, taxes and any other applicable costs. The winner will also be given the opportunity to choose the payment option they desire. The user must actively click the claim button and pay the total price for the item to confirm there intent to claim the item. Once the user has claimed the item by accomplishing the above required actions the win is accepted and the user will receive a confirmation email from AHAbids. The item will then be shipped to the winner subject to the aforementioned remedies for breach of the Terms. A receipt containing all applicable costs and charges will be sent to the user once shipping has been arranged.

If an Auction winner does not confirm and claim the item the user placed the last bid on within 7 days from the time the Auction ended AHAbids reserves the right to withdraw the offer to sell the product at the winning price and has no other duties under the contract as it shall be null and void. If AHAbids withdraws the offer for this reason the “winner’s” right to claim and pay for the particular item is revoked. If this happens any Bids placed in that auction by all users are non-refundable. AHAbids reserves the right to retain or withhold shipping on an item until all Bids and the total price has been paid in full. AHAbids reserves the right to charge a user reasonable storage charges for items not paid for in full or held due to a balance owed by the user.

By agreeing to these Terms any user who wins an Auction as described above grants AHAbids the right to publish their name, regional location and photograph. Please note this is an unconditional rule for participating on the Website. This is done in an effort to ensure users of the fairness, honesty and integrity of the Website and its Auctions. Please note, winners of Auctions for major items may be asked to provide a photograph and provide a brief account or testimonial regarding their winning experience. If the winner of an Auction does not comply with these terms AHAbids reserves the right to withhold payment of the item won.

Certain Auctions will have a “Buy it Now” option offered to the users who placed bids on an item but did not win that particular Auction. The Buy it Now option can be exercise within two hours from the end of the Auction. Users who placed Bids on an Auction item they did not win may use the total dollar amount of the Bids placed on that item towards the retail purchase price of the item listed at the time of the auction. If a user does not exercise this option within the two hour time restriction any Bids placed on the item become nonrefundable. No “free” bids or special offers or promotions for Bids may be used toward the purchase price of the item when using the Buy it Now option. AHAbids reserves the right to refuse the Buy it Now option to any user at any time for any reason.

Please note that there may be certain Auctions that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any Auction, at any time for any reason. Some situations that may result in an Auction being canceled included limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance procedures. We may also require additional verifications or information before accepting any Auction results.

You have the right to cancel a purchased item won at Auction for a full refund within ten (10) days of delivery even if the item is not defective. However; certain limitations apply to cancellations and returns. Bids placed on an Auction for which you return the item are not refundable. Any audio or video recordings, computer software and game cartridges or discs may be returned if they are sealed in their original packaging after delivery. If the aforementioned items are not sealed they are not eligible for return or refund. Any other item returned must be returned in its original condition with all original packaging and materials. Any sets, boxsets or any item consisting of multiple parts must be returned with all parts in full. Partial returns will not be accepted. If a user wishes to cancel the contract within the ten (10) day period, they must inform AHAbids in writing via email or certified mail by using either of the following contact details:

AHAbids operates exclusively in the United States and delivery will be made directly from our supplier or from our warehouse to the address provide by the user. Users are responsible for updating any change of address information. AHAbids delivers to the 50 States of the United States but does not deliver to the United States territories of Puerto Rico, Guam or the U.S. Virgin Islands. Please note that increased shipping costs may apply if the delivery address is in Alaska or Hawaii. AHAbids may offer estimated delivery timeframes but these are only provided as guides and AHAbids does not guarantee an item will be delivered within a certain timeframe. AHAbids will do all that is necessary to ensure any product is delivered within a reasonable timeframe. If AHAbids can not deliver a product as offered at Auction the winner of the item will be notified. If AHAbids can offer a comparable item with similar or better features it will do so. The winner then has the option to accept the substitute offered or receive a refund. If an item is damaged during transport the user must notify AHAbids of such damage immediately, in writing, upon taking delivery. If the item is found to be defective, through no fault of the winner, upon delivery you must notify AHAbids immediately so that AHAbids can make arrangements to replace the item at AHAbids expense. If there is a defect in the Product received and the winner wishes nevertheless to retain the Product and receive compensation from AHAbids for the reduction in value arising from the defect, the winner must provide AHAbids with reasonable sufficient evidence of the defect and the reduction in value. Accordingly, minor defects will occasion a minor compensation to the winner by AHAbids. The winner must make such claim within the ten (10) day period as described above and according to the same conditions.

AHAbids shall not be held responsible for the delay in shipment or non-delivery of the goods due to war, earthquake, serious flood, fire and other Force Majeure causes. However, AHAbids shall advise you by email immediately of such occurrence. Under such circumstances AHAbids are still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the late delivery exceeds ten weeks AHAbids shall have the right to cancel and refund you all bids and the purchase price for the item.

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system or with the Website. In such an instance Auctions will be temporarily halted and the remaining times for the Auction, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the Auction and/or Auctions will be continued and 15 minutes will be added to the remaining times for the Auction and/or Auctions. AHAbids will make users aware of temporarily halted Auctions as soon as it becomes aware by indicating the Auction and/or Auctions has been halted. Bids placed on a temporarily halted Auction will not be credited back on a user’s Account and are not eligible for a refund.

You expressly agree that use of the Website is at your sole risk. Neither AHAbids, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.

AHAbids is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with any of the Services provided whether caused by users or by any equipment or programming associated with or utilized in any of the Services provided on the Website. In addition, AHAbids does not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors.

AHAbids is not responsible for the conduct, whether online or offline, of any user. AHAbids assumes no responsibility for any error omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any of the Services or Products. AHAbids is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or provider, computer equipment, software, failure of any email or users access and use due to technical problems or traffic congestion on the internet or at any of the Service or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services or Products. Under no circumstances shall AHAbids be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the service or from any Content posted on the Website or transmitted to users, or any interactions between users, whether online or offline.

The Website and the Services are provided “AS-IS” and “AS AVAILABLE” basis without any warranties, express or implied, and AHAbids to the maximum extent allowed by law expressly disclaims any implied warranty of fitness for a particular purpose or merchantability, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. AHAbids does not guarantee and does not promise any specific results from use of the Website and/or the services. In no event shall AHAbids or its suppliers or licensors be liable to you or any third party under any contract, tort, strict liability, negligence or under legal or equitable theory for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damage arising from your use of the Website and any of the services, even if AHAbids has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AHAbids’ liability for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount actually paid, if and, by you to AHAbids for the services during the term of your account. You specifically acknowledge that AHAbids is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from any of the aforementioned actions rests entirely with you. You further hereby acknowledge that the provisions of this section shall apply to all content on the Website.

All new products sold on the Website come with the manufacturer\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s limited warranty only. AHAbids warrants solely that the products sold to any user under these Terms shall have the characteristics specified in the Website’s 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. No warranty is given with respect to any products which are “used” products and Bid Packages or promotional giveaways.

Except for the warranties set forth above, AHAbids makes no other warranties, either express or implied, with respect to the Products, or any related Services performed by AHAbids or any of its agents or subcontractors in connection with any purchase, including, without limitation, any warranties of fitness for a particular purpose or merchantability, which other warranties are expressly excluded and disclaimed.

AHAbids shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the Products by the winner or any other person following delivery. Under no circumstances shall AHAbids be liable to any person for incidental or consequential damages relating to the Products, 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.

AHAbids or any of its licensors or affiliates, Products, technology and processes referred to or posted on the Website may be covered by one or more patents and/or are subject to other trade secret and/or proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms or by any other provision contained in the Website and AHAbids and/or its licensors and/or affiliates reserves all such rights.

The marks AHAbids.com, AHAbids and AHAbids.com, LLC’s logos and design marks are trademarks of AHAbids. All rights with respect to those marks are reserved. All other trademarks appearing on the Website are the property of their respective owners. No transfer or grant of any rights under any such Trademark, name or logo is made or is to be implied by any provision of these Terms or by any other provision contained in the Website and AHAbids and/or its licensors and/or affiliates reserves all such rights.

Collusion with other users in order to manipulate auctions in anyway is strictly prohibited. This includes, but is not limited to two users from the same household or IP address bidding on the same auction even if the Bids are placed hours or days apart. Acts of collusion are determined solely at the discretion of AHAbids and will result in cancellation of your account and forfeiture of all won Auctions and all Bids.