Terms of Service

TERMS OF SERVICE Welcome to BigDeal.com. BigDeal.com and/or its affiliates ("BigDeal.com", “we” or “us”) provide this website (“Site”) and the services available through this Site (“Services”) to you subject to the following conditions. If you visit or shop at this Site, you accept these terms and conditions (“Terms”). Please read them carefully. We reserve the right, in our sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms without advance notice. No material changes to these Terms will be effective unless we have provided you with notice of such changes. If such changes are not acceptable to you, your sole remedy is to cease using this Site and Services, and if applicable, cancel your Site account. By continuing to access or use this Site and Services after we have notified you of the revised Terms, you agree to be bound by such revised Terms. SITE ACCESS Subject to your compliance with these Terms, BigDeal.com grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of BigDeal.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under these Terms. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BigDeal.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing BigDeal.com's name or trademarks without the express written consent of BigDeal.com. Any unauthorized use terminates the permission or license granted by BigDeal.com. You may not use any BigDeal.com logo or other proprietary graphic or trademark as part of a link to our Site without our express written permission. ELIGIBILITY By registering, you agree that you are a resident of the United States, 18 years of age or older and able to enter into binding contracts. Employees of BigDeal.com and their immediate families, investors and their immediate families, and advisors and their immediate families are not eligible to use the site or bid on auctions. YOUR ACCOUNT In order to access certain features of the Site and Services, and to post content as described below, you must create an account with us. You may register only one user account. During the registration process, you will be asked to choose a username. BigDeal.com reserves the right to cancel an account, refuse registration or change a username if it is found to be offensive, illegal, infringing upon the rights of others or if it breaches these terms in any other way. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BigDeal.com reserves the right to refuse service, terminate accounts, cancel orders or disqualify you when in BigDeal.com’s sole opinion you have violated the terms of this agreement. PURCHASING AND PAYING FOR BID TOKENS Bid Tokens (“Bid Tokens”), are purchased by you prior to bidding. Bid Tokens can be purchased in bundles at prices that will be noted on the site. Payment can be made by credit card, debit card or via PayPal. IMPORTANT! BID TOKENS ARE VALID FOR ONE YEAR AFTER THEY HAVE BEEN CREDITED TO YOUR ACCOUNT. UPON EXPIRATION, BID TOKENS BECOME VOID AND CAN NO LONGER BE PLACED. Once a Bid Token is used, it is deducted from your account and can no longer be used. Refunds will not be issued for used Bid Tokens, expired Bid Tokens or free Bid Tokens. For further information on refunds please see our Refund Policy. LOYALTY BUCKS At the time of Bid Token purchase, BigDeal.com will deliver Loyalty Bucks (“Loyalty Bucks”) in amount equal to the dollar value of the purchased Bid Tokens. Loyalty Bucks can be used in the Credit Store (“Credit Store”) to purchase items at a discount level determined solely by BigDeal.com. Loyalty Bucks are granted for all Bid Token purchases unless otherwise noted on the site, and expire after 365 days from the date of purchase. HOW BigDeal.com WORKS With each Bid Token placed the price of the item on which you are bidding increases by the amount specified. Each new Bid Token adds time to the auction in an amount equal to the displayed time increment. The auction ends when the auction clock reaches zero. The final bidder is declared the winner. Disputes over auction winners will be decided based on the records maintained by BigDeal.com. Decisions made by BigDeal.com in these instances shall be final and binding. Auctions may offer the “Buy It Now” option. “Buy It Now” will allow you to buy the item bid upon for a price equal to the BigDeal.com retail price less the value of any Bid Tokens used by you during the auction. The option to “Buy It Now” will be offered for a limited period of time (usually 24 hours after the auction ends) after which the option to “Buy It Now” is revoked. WINNING THE AUCTION/PAYMENT FOR “BUY IT NOW” After an auction has ended, the successful bidder will be presented with a website page that will allow for the auction win to be confirmed, and payment and shipping information to be entered. Auction winners will have 7 days to submit the information on this page and make the payment due. After this 7 day period has elapsed, the ability to claim the item won at auction will be revoked. Similarly, users who choose to “Buy It Now” will be presented with a website page that will allow the user to confirm the desire to “Buy It Now”, enter payment and shipping information and checkout. Users have up to 24 hours after the close of an auction to use the “Buy It Now” feature. You may win up to 10 auctions in a calendar month or in any part of a calendar month. CREDIT STORE From time to time, BigDeal.com may offer items for sale in the Credit Store (“Credit Store”). Usage of the Credit Store is limited to BigDeal.com users that have purchased Bid Tokens and have been awarded Loyalty Bucks. Users using the Credit Store will be given the opportunity to buy items at a discount using their Loyalty Bucks. Purchases made in the credit store will be completed in an identical manner to those made via the “Buy it Now” feature. RETURNS You have the right to return items purchased following a winning auction or “Buy It Now” purchase. Users have 14 days after delivery to return an item. You are responsible for shipping costs on returned items and items returned must be in good condition. Certain items, such as software, music, or movies are not eligible for return once they are opened. Requests for returns or cancellations must be made in writing via our “<a href="http://support.bigdeal.com/requests/anonymous/new" target="_self">Contact Us</a>” form or to the following address: BigDeal.com  660 Fourth Street #296  San Francisco, CA, 94017 If, for any reason, you are unable to return the item in good, working condition, BigDeal.com will retain the right to accept the returned item and reduce the amount of your refund in a proportion equal to the damage on the item (as determined by BigDeal.com in its sole discretion). In no case will the return of an item entitle you to a refund of the Bid Tokens used to win or purchase the item. SHIPPING Shipping costs will be clearly displayed for each item. The successful bidder or user choosing the “Buy It Now” option will be responsible for the full shipping costs as displayed. Delivery will be made from our suppliers or from our warehouse to the address supplied by the user. Unless otherwise stated, delivery is available within the 48 contiguous United States, Alaska and Hawaii. Some restrictions or higher shipping costs or longer delivery times may apply to Alaska or Hawaii shipments. These will be clearly stated on the item. Delivery times may. Stated delivery times should be considered to be guidelines and are not delivery guarantees. BigDeal.com shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. You are responsible for inspecting the item and reporting any damage to the item to BigDeal.com promptly upon taking delivery. DATA/BIDDING STRATEGIES PROVIDED BY BigDeal.com From time to time, BigDeal.com may make available to you certain data related to auctions and users bidding on auctions including but not limited to bidder name, number of Bid Tokens, number of auctions bid upon, number of auctions won, item auction history, item pricing, and the like. This data is provided to you by BigDeal.com in an effort to assist you in implementing bidding strategies. BigDeal.com makes no warranty for the accuracy or efficacy of this data in formulating winning bidding strategies and use of such data in formulating such strategies is undertaken solely at your risk. In a similar fashion, BigDeal.com may provide tips and hints related to bidding strategies. These tips, hints and bidding strategies are provided to you by BigDeal.com in an effort to assist you in implementing bidding strategies. BigDeal.com makes no warranty for the accuracy or efficacy of these strategies in formulating winning bidding strategies and use of such information in formulating such strategies is undertaken solely at your own risk. SYSTEM OUTAGES At present, and with current technology it is not possible to operate with 100% guaranteed uptime. In some cases, system outages may interrupt the ability to view or bid upon auctions. In this case, BigDeal.com will halt all auctions and bidding on those auctions until the system outage is resolved. Auctions that are halted will be clearly designated as such. BigDeal.com will make commercially reasonable efforts to resume the auctions after the outage is resolved. In the event of a system wide outage that prevents you from bidding, BigDeal.com will refund Bid Tokens used in auctions that you were participating in at the time of the auction. CONTENT POLICY Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. If you do post content or submit material, and unless we indicate otherwise, you grant BigDeal.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BigDeal.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that they own or otherwise have the rights to post the content; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BigDeal.com for all claims resulting from content supplied. BigDeal.com has the right but not the obligation to monitor and edit or remove any activity or content at its sole discretion, and may do so at any time without notice. BigDeal.com does not endorse any user content or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability for any content posted by a user or any third party. Furthermore, BigDeal.com may immediately terminate your account and access to the Site if you post infringing content. THIRD PARTY WEBSITES Our Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external links. The operators of the sites linked to and from the Site are solely responsible for their contents. You should carefully review the terms and conditions of such sites, including their privacy policies, before visiting them. WHAT YOU MUST NOT DO The Site and Services may be used and accessed for lawful purposes only. You agree to be bound by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any content in violation of these Terms; (c) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating “BigDeal.com”; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services, (h) Collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud or (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms. (l) Use any third party bidding software or other "bot" to assist in bidding or harvesting site data. LIMITATION OF LIABILITY IN NO EVENT WILL BIGDEAL.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BIGDEAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIGDEAL.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BIGDEAL.COM FOR BID TOKENS IN THE 12-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY. DISCLAIMER OF WARRANTIES THE ITEMS THAT YOU MAY WIN ON THE SITE ARE SOLD WITH THE MANUFACTURE’S LIMITED WARRANTY ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY PERIOD VARIES BY MANUFACTURER AND PRODUCT. NO WARRANTY APPLIES TO USED ITEMS. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH ANY ITEMS PURCHASED THROUGH THE SITE OR WISH TO RECEIVE SUPPORT, YOU MUST CONTACT THE MANUFACTURER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SITE, THE SERVICES AND THE PRODUCTS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND AND BigDeal.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING THERETO, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, BIGDEAL.COM DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND THE SERVICES; AND (II) THAT THE SITE AND THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIGDEAL.COM, INCLUDING WITHOUT LIMITATION ANY DATA OR BIDDING STRATEGIES PROVIDED UNDER THESE TERMS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT YOU WILL BE ABLE TO WIN ITEMS ON WHICH YOU HAVE BID, AND THAT EVERY TIME YOU PLACE A BID FOR AN ITEM, SUCH BID IS DEDUCTED FROM YOUR USER ACCOUNT AND CAN NO LONGER BE USED, WHETHER OR NOT YOU WILL BE ABLE TO WIN THE ITEM. INDEMNIFICATION You agree to defend, indemnify, and hold BigDeal.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site and/or the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any of your content caused damage to a third party. IP OWNERSHIP BigDeal.com owns and retains all proprietary rights in the Site (other than with respect to content posted by you under these Terms) and the Services. The Site contains the copyrighted material, trademarks, and other proprietary information of BigDeal.com and its licensors, and is protected to the maximum extent permitted by US and foreign laws and international treaty provisions. Access and use of the Site and the Services does not grant you any right or license to the copyrighted material, trademarks, tradenames, logos, images, or other proprietary information of BigDeal.com and its licensors. MISCELLANEOUS These Terms constitute the entire agreement between the parties with respect to the use of the Site and the Services and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between the parties. Any waiver by either party of any violation of any provision of these Terms will not be deemed to waive any further or future violation of the same or any other provision. If any part or provision of these Terms is held to be unenforceable for any purpose, including but not limited to public policy grounds, then the remainder of these Terms will be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by BigDeal.com. You may not assign their rights and delegate their duties under these Terms to any third parties. THESE TERMS AND ANY DISPUTE RELATING TO THESE TERMS WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO U.S. OR CALIFORNIA CHOICE OF LAW RULES. YOU AND BIGDEAL.COM AGREE AND CONSENT THAT JURISDICTION, PROPER VENUE, AND THE MOST CONVENIENT FORUMS FOR ALL CLAIMS, ACTIONS, AND PROCEEDINGS OF ANY KIND RELATING TO BigDeal.com OR THE MATTERS IN THESE TERMS WILL BE EXCLUSIVELY IN COURTS LOCATED IN SANTA CLARA, CALIFORNIA. REFUND POLICY Please refer to our <a href="http://support.bigdeal.com/forums/84207/entries/76611" target="_self">Refund Policy</a>. <div> </div>   2009-11-06T14:23:47-08:00

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