User Agreement

Introduction

 

This User Agreement sets out the terms on which figBid.com offers you access to and use of our site.  You agree to comply with this User Agreement when accessing or using figBid.com.  

 

About figBid

 

figBid is a platform that allows users to offer, sell, trade and buy anything related to figs (ficus carica) in a variety of formats and locations.  Any actual contract for sale, trade, etc. is directly between users of figBid.com.  figBid is not a traditional auctioneer.  

 

All data provided on figBid.com is solely informational and you may decide to utilize it or not.  This may include but is not limited to pricing, advice, newsletters, articles, ratings and authenticity.  Also, we will help facilitate the resolution of ALL disputes that may arise as expeditiously as possible.  Resolutions are strictly at the discretion of figBid and its associates and methods, and all resolutions are final.  figBid has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of users to sell or trade items; the ability of buyers to pay for items; or that a user will actually complete a transaction or return an item.

 

Using figBid

 

In connection with using or accessing figBid.com you will not:

 

  • post, list or upload content or items in inappropriate categories or areas on our site;
  • breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our site;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an figBid policy;
  • fail to deliver items sold by you, unless you have a valid reason as set out in an figBid policy;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems;
  • utilize the figBid messaging system for anything other than completeing a valid figBid transaction;
  • transfer your figBid account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; 
  • distribute viruses or any other technologies that may harm figBid or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our site for any purpose, except with the prior express permission of figBid; 
  • interfere with the working of figBid.com, or impose an unreasonable or disproportionately large load on our infrastructure; 
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to figBid.com. 
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
  • commercialize any figBid information or software associated with such application, except with the prior express permission of figBid; 
  • harvest or otherwise collect information about users without their consent; or
  • circumvent any technical measures we use to provide your figBid.com user experience.

Sellers must meet figBid's minimum performance standards. Failure to meet these standards may result in limiting, restricting, suspending, or downgrading your user account.  If we believe you are abusing figBid in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s), delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical or any other steps as appropriate to prevent you from using figBid.com.

 

We may cancel unconfirmed accounts or accounts that have been inactive for a long time.  Additionally, we reserve the right to refuse or terminate any user account for any reason at our discretion.

 

Fees

 

We charge a flat fee of 25¢ to list anything on figBid.com, and nothing more.  You will never be liable for any additional fees from figBid.com without advance notice and the opportunity to opt out.  The 25¢ fee is due:

 

  • whenever a user lists an item for sale or trade;
  • when you post any type of ad;
  • whether or not your item sells;
  • regardless of the amount an item sells for;
  • whether or not your trade is successfully completed;

 

You must have a payment method on file when using figBid.com, and pay all fees associated with use our site by the payment due date.

 

Rules for Everyone

 

There are rules that all figBid members, both buyers and sellers, need to know and follow. These rules are created to protect you and to keep figBid a safe place to buy, sell, and trade.

 

Rules about general member conduct

 

figBid members aren't allowed to:

 

  • Interfere with the figBid site
  • Use profanity on the site
  • Infringe on figBid's intellectual property
  • Create a new account or buy and sell on other existing accounts to avoid restrictions or limits 
  • Falsely report that another member has violated a figBid policy

In addition to rules that apply to all figBid members, figBid also has rules specifically about Feedback, buying, and selling.

 

When a buyer or seller issue comes up, depending on the particular situation, we may consider an individual's performance history and the specific circumstances, which can influence how we apply our rules and policies. At our discretion, we may choose to be more lenient with policy enforcement.  We reserve the right to do the right thing for both buyers and sellers.

 

Rules about identity

 

figBid members: 

 

  • Must be at least 18 years old
  • Can't misrepresent their identities
  • Must always provide valid and complete contact information and must always have a valid email address
  • Can't publish the contact information of other members in an online public area
  • Must choose their user ID according to the following:
    • Your username is the unique name that you use to identify yourself on figBid.  When you register, you should choose a username that you like and will remember. Use your imagination, but keep in mind that there are a few rules you need to follow. Remember that usernames:
      • Can't be obscene or profane
      • Can't contain an email address or web address (URL), or the word figBid
      • Can't contain a third party's trademark or brand

Rules about communicating with other figBid members

 

  • figBid members can't use our member-to-member contact options (messaging):
    • for solicitation of any type.
    • to send spam.
    • to threaten or engage in threatening behavior.

Rules about figBid's responsibilities

 

  • Your personal information will never be sold, loaned, given out without your permission, traded or given away for ANY reason.
  • Sales and purchase data is not shared with anyone for any reason, and kept private at all times.  
  • figBid appreciates your ideas, but considers these unsolicited idea submissions as non-binding.

Rules regarding taxes

 

  • All taxes are the sole responsibility of the user.

Rules for Sellers

 

figBid’s policies help to create a safer, fair and enjoyable trading experience for all members.  As a seller, you are responsible for reviewing and understanding figBid's selling policies and this User Agreement. 

 

Seller performance standards

 

Standards overview

 

figBid expects sellers to consistently provide service that results in a high level of satisfaction. This includes setting and meeting buyer expectations by providing excellent customer service from beginning to end.

 

As a seller, you're expected to:

 

  • Promptly resolve customer issues.
  • Ship items on time, within your specified handling time
  • Manage inventory and keep items well stocked
  • Charge reasonable shipping and handling costs.
  • Specify shipping costs and handling time in the listing.
  • Follow through on your return policy.
  • Respond to buyers' questions promptly.
  • Be helpful, friendly, and professional throughout a transaction.
  • Make sure the item is delivered to the buyer as described in the listing.

Listing Conditions

 

When listing an item, you agree to comply with figBid's rules for listing and that:

 

  • You are responsible for the accuracy and content of the listing and item offered.
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). figBid can't guarantee exact listing durations.
  • Content that violates any of figBid's policies may be modified, concealed, obscured or deleted at figBid's discretion.
  • We strive to create a user friendly environment where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: 
    • user's location, search query, browsing site, and history;
    • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; 
    • seller's history, including listing practices, Detailed Seller Ratings, figBid policy compliance, Feedback, and defect rate; and
    • number of listings matching the user's query.  

 

  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the user.
  • Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.

 

Rules for listings

 

The rules set forth below help provide a better and safer experience on figBid. To help make things run smoothly, be sure to review and follow these rules when you list your items.  We realize sometimes not following a figBid policy is an honest mistake.  If your item is allowed, you may just need to edit your listing so that it meets our guidelines.

 

Accepted payments policy

 

To help ensure a safe marketplace, the only payment option that is acceptable to figBid is PayPal.  PayPal is safe and easy to use.  Users may accept other payments such as payment upon pickup, personal and business checks or money orders, seller business private gateways, and other online payment services.  But it has been our experience that PayPal is the best.  Additionally, your listing must state which specific payment methods you accept. If you accept a payment method, don’t place limitations on what forms of it you accept.

 

Common sense prevails, but the following is not allowed:

 

  • Sending cash through the mail
  • Sending cash or money orders through instant, point-to-point cash transfer services (that aren't banks) such as Western Union or MoneyGram
  • Paying through bank-to-bank transfers
  • Paying by "topping off" a seller's prepaid credit or debit card
  • Paying using online or other payment methods not specifically permitted in this policy
  • Asking buyers to contact you for additional payment methods, or including misleading or unclear payment information
  • Offering a payment method to some buyers and not to others
  • Discouraging buyers from using any payment method you specified in the listing
  • Discouraging buyers from using figBid's accepted payment methods
  • Asking buyers to pay using a method not mentioned in the listing
  • Paying with Virtual or Cryptocurrencies
  • Placing limitations on payment methods you accept. For example:
    • "I accept PayPal but do not accept credit card payments through PayPal”
    • "I only accept PayPal if the bid amount is greater than $15"
    • "I accept PayPal but you must pay using 'Friends and Family' "

In addition, you aren't allowed to make statements such as:

 

  • "Contact us for payment information.”
  • "Contact us for other payment methods.”
  • "Contact us for your preferred payment method.”
  • "Buyers may request to pay by check or money order."

 

Basics

 

Prohibited and restricted items

 

Plant Material

 

You can list all forms of plant material as long as they're allowed in the location to which you want to ship them. 

 

The onus of permissibility to sell, trade or ship plant material to another state or country is on the user.  Please make sure you are aware of all regulations regarding selling, trading and/or shipping plant material to other states and/or countries.  Some useful resources are www.nationalplantboard.org and the United States Department of Agriculture at www.aphis.usda.gov.

 

Make sure your listing follows these guidelines.  If it doesn't, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.

 

Pesticides

 

Because of potential health and safety issues, the sale of pesticides is regulated by the U.S. government.  Please abide by the following guidelines:

 

Allowed:

 

  • It's registered by U.S. Environmental Protection Agency (EPA) and by the buyer's state.
  • The registration hasn't been suspended or canceled by the U.S. EPA or the buyer's state. If you're not sure, find out.
  • It isn't classified as restricted by the U.S. EPA or the buyer’s state.
  • Its package labeling follows all federal and state requirements, and the item description is consistent with the label.
  • The container and original packaging is unopened and intact.
  • The container can be shipped in a way that follows U.S. postal regulations.
  • Also, the buyer must be eligible to purchase the pesticide under federal and state law.
  • Remember that the seller is responsible for making sure the listing is lawful and safe. For this reason, if you're listing a pesticide on figBid, you need to include the following statements in your listing:

 

    1.   I will follow all applicable federal and state laws and regulations and ensure that the buyer satisfies all applicable laws and regulations.

 

    2.   I won't accept bids from, sell to, or ship to states where the pesticide is not registered as a general-use pesticide.

 

    We recommend copying and pasting this text directly into your listing. Be sure to use the same font size as the rest of your description.

 

  • You can sell collectible pesticide containers or devices if the container or device is empty and rinsed, and you include this information in the item description.  Important: Don't dump the remaining contents of a pesticide container down the drain, into the garden, or into the sewer. Instead, check with your local government to find out if there is a pesticide collection program in your area. Most places have programs to collect and dispose of pesticides in a safe and simple way at little or no cost to the participants. To find out about programs in your area, call 1-800-CLEANUP.
  • It is the seller's responsibility to ensure that the pesticide container or device is empty and rinsed before listing it on figBid. However, the buyer should verify the information provided by the seller before completing the sale.
  • You are allowed to list information on the legal use of pesticides.
  • You are allowed to list snakebite kits.

 

Restricted:

 

  • Before 1970, pesticide products were registered by the United States Department of Agriculture (USDA). You can't sell these pesticides, but you can sell their collectible containers if you meet the guidelines above.
  • Flea and tick medications that have been approved by the Food and Drug Administration (FDA) and are sealed in their original packaging.

 

Not allowed:

 

  • Pesticides with a canceled or suspended Environmental Protection Agency (EPA) registration
  • Pesticides classified as restricted by the EPA
  • Pesticides in open containers 
  • Pesticides that have been repackaged, except for collectible packages
  • Frontline and Advantage flea and tick medications that are purchased in another country and shipped to the U.S.
  • Repackaged flea and tick medication that was approved by the FDA. By repackaging the item, it loses its approval and becomes a violation of federal law.
  • Poisonous or toxic substances that the U.S. Postal Service won't allow to be sent through the mail.
  • Snake venom
  • Diazinon 
  • Dursban 50 W

 

Offensive Material

 

figBid.com is a family website used by many different people.  Please be prudent and exercise good judgement when listing any item.  Anything deemed offensive will be removed.  There are no exceptions to this rule.

 

International Trading

 

Listing items globally can be a fun and rewarding experience.  At the same time, it's important that all listings and transactions comply with applicable laws.  Users are responsible for making sure their transactions are lawful in both the country of the seller and the country of the buyer.

 

We strongly encourage all members to learn about the laws in their own country as well as the countries where they plan to sell or trade. If you're shipping worldwide, please be aware that your item may not appear in the search results in countries where the item is not allowed.

 

You can exclude countries you don't want to ship to by selecting buyer requirements.

Make sure your listings follow our guidelines. If they don't, they may be removed, and your buying and selling privileges could be restricted.

 

Hazardous, restricted, or regulated materials

 

For health and safety reasons, most hazardous materials (such as fire extinguishers, refrigerants, and radioactive materials) can't be listed.  Please do not list any materials that may be considered hazardous.

 

Food

 

Before listing food items, be sure to familiarize yourself with federal and state laws and regulations. These items must:

 

  • Have a clearly marked expiration or use by date
  • Be delivered to the buyer before they expire
  • Not be altered or changed in any way
  • Be stored safely before you ship them

When you list these types of items, you're certifying that you've met all safety conditions. 

 

Alcohol

 

  • Alcohol, alcoholic beverages, wine and beer are not allowed.
  • Beer/wine making kits, Foods with alcoholic ingredients and flavoring (such as liquor-filled chocolates, rum cake, and other items) as long as the item complies with our food policy, Hops, seeds for hops, and other raw materials to make beer or wine, Non-alcoholic or de-alcoholized beer and wine are allowed.

 

Intellectual Property

 

Users are responsible for making sure any item they offer for sale on figBid is authentic and its listing description doesn't infringe on the rights of others.

 

Examples of infringements

 

  • Trademark Infringements - Items that bear the rights owner's trademark—such as a logo—but weren't made by the rights owner
  • Unauthorized copies of audio, video, or other media
  • Unauthorized use of a rights owner's images and/or text in a listing
  • Replica and Counterfeit - It's illegal to sell counterfeits, fakes, or replicas of brand-name items. 
  • Brand Name Misuse - You may not use brand names in your listing if the product isn't manufactured by or compatible with that brand. You may use "compatible with," "fits," or "for" before a brand name if the item you are describing is specifically designed to be compatible with the products of that brand.
  • Logo Misuse - If you include logos in your listing descriptions, make sure you're authorized to use them. Using someone's logo without permission is a violation of trademark laws and can be misleading for buyers. Creating a logo that's similar to someone else's can also be a trademark infringement.
  • Warranty - Listings that contain a misrepresentation regarding an item's warranty are in violation of trademark laws. Information relating to the warranty of a product is considered material information and should never be misrepresented. You should read the warranty or contact the manufacturer to be sure that the warranty is eligible for a buyer before mentioning it in a listing.
  • Copyright Infringements - A copyright is the legal protection given to authors of creative works, such as movies, music, software, photographs, and books, both published and unpublished. Copyright protection prevents others from using the work without permission.
  • Image and Text - Using someone else's image or description without authorization violates copyright laws. If you use text or an image that was created by someone else be sure that you have permission to use the text or image.
  • Media, Software, Movies, Paintings - Selling unauthorized copies of media, software, movies, or paintings violates copyright laws. Unauthorized copies include (but aren't limited to) backup, pirated, duplicated, or bootlegged copies. Copyright protection prevents others from using creative works without permission. It may also limit the right to distribute the copyrighted product.
  • Design Right (Europe, Asia, Australia, and New Zealand only) - Design Right applies to the way something looks, the shape and configuration of a product, but not its functionality. Design Rights protect designs from being copied and used by someone else.
  • Patent Rights (Europe) - A patent is a specific set of rights granted to inventors, giving them the right to exclude others from making, using, and selling their invention. Patents are registered with each region's patent and trademark office.
  • Parallel Imports - Some products are intended for sale in a specific market or country. The sale of these products into another country or market could violate trademark or copyright laws. We strongly encourage our members to educate themselves about the laws of their own country, as well as the countries where they plan to do business.

 

Rules for Buyers

 

We want to maintain a safe, fair, and enjoyable marketplace for both buyers and sellers. If you're a buyer, we ask that you review and understand our policies, including the figBid User Agreement, before you bid on, buy or trade an item.

 

Our policies are intended to:

 

  • Follow local laws and regulations
  • Minimize risks to buyers and sellers
  • Make sure that no one has an unfair advantage
  • Create an enjoyable buying experience 
  • Protect intellectual property rights

 

Purchase Conditions

 

When buying or trading an item, you agree to the rules for buyers and that:

 

  • You are responsible for reading the full item listing before making a bid or commitment to buy. 
  • You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted). 
  • We do not transfer legal ownership of items from the seller to the buyer.         

 

Buying practices policy

 

We want all figBid members to be able to buy and sell on figBid with confidence.  We want our sellers to bring great service and value to our marketplace, and we strive to protect sellers from unfair and unsafe buyer activity.

 

This policy outlines our expectations for buyer behavior. When buyers don't meet these standards, we encourage sellers to report the concern.

 

Not paying for an item

 

If you've placed a winning bid or clicked Buy it Now in a listing, you've committed to purchasing that item.

 

If you don't pay for an item, even if you've changed your mind, you're violating our policy.

 

Making unreasonable demands

 

When you bid on or buy an item, you accept the seller's terms as set out in the listing, provided the listing complies with our listing policies. You're entitled to expect that the seller will do what they've said with regards to shipping, payments, and item returns. We know that exceptional circumstances can arise, and we allow you to make reasonable and limited requests. However, we don't require sellers to fulfill requests that are outside of their terms.

 

We don't allow unreasonable or excessive demands. We also consider using the threat of negative Feedback as a way to make demands of the seller to be extortion and we don't allow it.

 

    Allowed:    

        

  • Asking to use one of the alternative shipping options specified in the listing
  • Asking to use a more expensive shipping option to get the item more quickly, and offering to pay the extra shipping cost
  • Asking the seller if it's acceptable if your payment is briefly delayed due to exceptional circumstances
  • Asking to return an item according to the seller's return policy
  • Asking whether a seller will combine shipping for multiple purchases

 

    Not Allowed:

 

  • Demanding a change to the shipping method or delivery location, other than those specified in the listing
  • Demanding a change to the payment method or timing, other than those specified in the listing
  • Demanding a partial refund or discount not covered by the original listing under threat of negative Feedback.
  • Demanding additional items or services that are outside of what is contained in the listing

 

Leaving inappropriate feedback

 

Feedback is an essential tool for letting other members know about your experiences with a seller, and we encourage you to be honest. However, we don't allow misuse of Feedback.

 

    Allowed:

 

  • Leaving negative or neutral Feedback with an appropriate comment reflecting your experience
  • Leaving low detailed seller ratings if the seller's performance doesn't live up to your expectations

 

    Not Allowed:

 

  • Leaving inappropriate Feedback comments, such as comments containing obscene language.
  • Leaving negative or neutral Feedback or low detailed seller ratings because a seller didn't provide additional goods and services not mentioned in the original listing.  We consider threatening to do this to be Feedback extortion.
  • Consistently leaving low detailed seller ratings or negative Feedback for sellers who sell the same or similar items as you. We consider this to be Feedback manipulation.

 

Misusing returns

 

We encourage all sellers to specify a clear return policy in their listings. Always check the return policy specified in a listing before committing to pay for an item.

 

If you want to return an item, review the seller's return policy before initiating a return. Sellers may specify requirements for returns such as time limits, restocking fees, and who pays for return shipping.

 

    Allowed:

 

  • Returning a faulty item or an item that wasn't as described in the listing
  • Returning an item within the terms of the seller's return policy

 

    Not Allowed:

 

  • Returning a different item (for example, a used or older model of the same product or an empty box)
  • Not returning the item in the condition that it was sent to you 
  • Returning an item that has been damaged after being delivered
  • Claiming an item isn't as described in the listing in order to circumvent a seller's return policy
  • Not following the terms of the seller's return policy
  • A pattern of purchasing items and receiving excessive refunds

 

Customs declarations

 

Asking a seller to falsely declare an item as a gift on a customs form is considered to be encouraging illegal activity.

 

Bid retractions

 

We may take action against a buyer if we see a pattern of excessive or invalid bid retractions. You can only retract a bid under exceptional circumstances.  Bid retractions will not be allowed after intentionally bidding on a listing to reveal a sellers' reserve price or the proxy bid of another user.

 

Unwelcome and malicious buying

 

We consider bidding on or buying an item when you have no intention of completing the transaction, or circumventing a seller's buyer requirements, to be unwelcome and malicious buying.

 

Fraudulent payments

 

You must pay for items using one of our accepted payment methods. We encourage sellers to make sure that payment has cleared before sending an item, and to report attempted fraud to us.

 

Contact information

 

All figBid members must keep their account details up to date. We take action when we know that a member has false or missing contact information, or if we can't contact a member because they have an invalid or dead email address.

 

Rules about bidding and paying

 

  • You can't use figBid if your account contains false contact information. - Buyers and sellers sometimes need to be able to get in touch with each other, and we need to be able to contact our members.
  • You must pay for any item you commit to buying. - Some figBid sellers use an auction-style format, allowing you to bid on an item. Bidding is fun, but keep in mind that each bid you make is a binding contract to buy the item if you win. The same is true for Buy It Now purchases. Not paying for an item after you agree to buy it has negative consequences.
  • You can only bid if you really intend to buy the item. - Don't place a bid unless you mean to buy the item.
  • You can't bid on your own item. - We call this shill bidding and it not only violates our policies, it's against the law in many places.
  • Be careful about bidding on several items if you only want one. - If you're the winning bidder of more than one auction-style listing, you need to purchase all the items you've won, even if they're the same or similar.
  • You can only retract a bid under specific circumstances. - For example, if you meant to bid $10.00 but accidentally bid $1,000.00, you can retract the bid. Even then, you need to bid the amount you originally intended immediately. Never use bid retraction to manipulate the bidding process. Bid manipulation is unfair, and it has serious consequences.
  • Make sure that you read the listing description before you bid. - Many of the problems buyers and sellers encounter are the result of simple misunderstandings about what is for sale and the terms of the sale. For example, some sellers only want to sell to bidders who live in a certain country, or who will pay using PayPal. Only bid on or buy an item if you can meet the requirements described in the listing. If you bid on an item and you don't meet the seller's requirements, we consider that unwelcome and malicious buying.
  • If you know the seller, you can't bid on the item with the intent to increase its price or desirability artificially. - This rule applies to family, friends, roommates, employees, and online connections.
  • Buying items from someone just to increase their Feedback score or improve their search standing is called shill bidding, and it's against our policies.
  • If you buy an item from a seller in another country, you can't ask the seller to mark the item as a gift in the customs declaration. - This is illegal, and against our policies.

 

Rules about Feedback

 

You can't abuse the Feedback system.  This means you can't threaten to leave a seller negative Feedback if that seller won't do something that wasn't promised in the original listing. This is called Feedback extortion and is against our policy.


Also, you can't leave Feedback if you're only doing it to help increase a seller's Feedback score. This is a type of Feedback manipulation and is also not allowed.


Make sure that you understand and follow all of our Feedback policies.

 

If you're having a problem with a seller

 

Be honest and have good intentions when you try to resolve a transaction problem.

 

You can't try to contact other potential buyers to "warn" them about a seller. This is called transaction interference. If you have a concern about a seller's behavior, report it to us and we'll investigate.

 

Limitation of Liability

 

figBid functions properly and up-time is 99% or better.  But we cannot guarantee the continuous operation of or access to our services.  Bidding updates and other notifications in figBid's software may not occur in real time.  Such functionality is subject to delays beyond figBid's control.

 

You agree that you are making use of our services at your own risk, and that they are being provided to you 'AS IS' on an 'AS AVAILABLE' basis.  Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officer, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

 

  • the content you provide (directly or indirectly) using the services;
  • your use of or your inability to use our services;
  • pricing, shipping, format, or other guidance provided by figBid;
  • delays or disruptions in our services;
  • viruses or other malicious software obtained by accessing or linking to our services;
  • glitches, bugs, errors, or inaccuracies of any kind in our services;
  • damage to your hardware device from the use of any figBid service;
  • the content, actions, or inactions of third parties, including items listed using our services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the figBid User Agreement;
  • the duration or manner in which your listing appear in search results; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

Content

 

When providing content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against figBid, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content.

 

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. figBid takes no responsibility and assumes no liability for any content provided by you or any third party.

 

The name "figBid" and other figBid marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of figBid in the U.S. and other countries. They may not be used without the express written prior permission of figBid.

 

Release

 

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

Indemnity

 

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of figBid's Services or your breach of any law or the rights of a third party.

 

Legal Disputes

 

You and figBid agree that any claim or dispute at law or equity that has arisen, or may arise, between you and figBid (including any claim or dispute between you and a third-party agent of figBid) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the services, the actions of figBid or its agents, or any products or services sold or purchased through the services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

 

  • Applicable Law - You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of New York, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and figBid, except as otherwise stated in this User Agreement.
  • Agreement to Arbitrate - You and figBid each agree that any and all disputes or claims that have arisen, or may arise, between you and figBid (including any disputes or claims between you and a third-party agent of figBid) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the services, the actions of figBid or its agents, or any products or services sold, offered, or purchased through the services shall be resolved exclusively through final and binding arbitration, rather than in court.  The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
  • Prohibition of Class and Representative Actions and Non-Individualized Relief - You and figBid agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any proceeding.  Unless both you and figBid agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding.  Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).  Any relief awarded cannot affect other users.
  • Arbitration procedures - Arbitration is more informal than a lawsuit in court.  As such, arbitration procedures and costs are fluid and dependent upon a number of factors including interpretation and substance of the claim.  Information regarding procedures for filling, arbitration, costs, etc are available by contacting figBid administration.
  • Arbitrator decision final - The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.  The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same figBid user to the extent required by applicable law.  The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  • Severability - With the exception of any of the provisions in ‘Prohibition of Class and Representative Actions and Non-Individualized Relief’, if an arbitrator decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
  • Future Amendments to the Agreement to Arbitrate - Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if figBid make’s any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against figBid prior to the effective date of the amendment.  If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

Judicial Forum for Legal Disputes

 

Unless you and figBid agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and figBid must be resolved exclusively by a state or federal court located within New York City, NY.  You and figBid agree to submit to the personal jurisdiction of the courts located within New York City, NY for the purpose of litigating all such claims or disputes.
 

Additionally, as a member and user, you agree now and always to never defame, disparage, attack or criticize our site or users, including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents through libel or slander, in any form, on or in any media for any reason.

 

General

 

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

 

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 does not waive our right to act with respect to subsequent or similar breaches.  We do not guarantee we will take action against all breaches of this User Agreement.

 

We may amend this User Agreement at any time by posting the amended terms on www.figBid.com.  Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement.  Your continued access or use of our Services constitutes your acceptance of the amended terms.  We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through.  This User Agreement may not otherwise be amended except through mutual agreement by you and an figBid representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

 

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the figBid site.

 

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

 

The User Agreement and all terms and polices posted through our services set forth the entire understanding and agreement between you and figBid, and supersede all prior understandings and agreements of the parties.

 

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.