Hello, and welcome to the BidJones Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:

• Outline your legal rights on BidJones
• Explain the rights you give to us when you use BidJones
• Describe the rules everyone needs to follow when using BidJones
• Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration

Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully. We’re excited to offer you this opportunity to join our growing family of users and want you to know the rules to maximize your and veryone else’s enjoyment of BidJones....

1. Agreement between User and BidJones

BidJones, LLC (“BidJones”) owns and operates an online auction and ecommerce service for marketing and purchasing new and used digital and non-digital products and services. These Terms of Service ("Terms") cover your use of and access to BidJones’ sites, products, applications, tools, content, and features (collectively, the "Platform"), including without limitation on the website and associated domains of www.bidjones.com and on

BidJones web and mobile applications. Use of the Platform or any portion of it is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of any portion of the “The Platform” constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

2. Privacy

Your use of www.bidjones.com is subject to BidJones's Privacy Policy. Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices.

Electronic Communications

Any online or telecommunicative digital communications with the Platform, whether through the www.bidjones.com website or app or via email, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, and/or on any portion of the Platform, satisfy any legal requirement that such communications be in writing.

3. Your Account

If you use this Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and all other devices you use to access the Platform, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BidJones is not responsible for third party access to your account that results from theft or misappropriation of your account. BidJones and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

4. Children Under Thirteen

BidJones does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.bidjones.com only with permission of a parent or guardian.

5. Cancellation/Refund Policy

Bidjones provides the Platform for buyers and sellers to find each other. Each seller is responsible for the quality of its products and services and sets its own terms for cancellation and refund. BidJones is not responsible nor liable in any way for the statements or representations of any of user on the Platform.

6. Links to Third Party Sites/Third Party Services

Bidjones provides the Platform for buyers and sellers to find each other. Each seller is responsible for the quality of its products and services and sets its own terms for cancellation and refund. BidJones is not responsible nor liable in any way for the statements or representations of any of user on the Platform.

7. Cancellation/Refund Policy

The Platform may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BidJones and BidJones is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BidJones is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BidJones of the site or any association with its operators.

Certain services made available via the Platform are delivered by third party sites and organizations. By using any product, service or functionality originating from the Platform, (including without limitation the www.bidjones.com domain and any associated apps), you hereby acknowledge and consent that BidJones may share such information and data with any third party with whom BidJones has a contractual relationship to provide the requested product, service or functionality on behalf of BidJones’ users and customers.

8. No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these terms of use. As a condition of your use of the Platform, you warrant to BidJones that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of BidJones or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. BidJones content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BidJones and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BidJones or our licensors except as expressly authorized by these Terms or the specific terms of any user content, such as graphics, audio, or video content, that is purchased or licensed from specific users through the Platform. You agree not to use of any of our trademarks, including our brand name BidJones, associated logos, icons, and slogans or any similar terms or marks for any commercial purpose without our express written permission, or only as authorized by any brand guidelines we may publish.

9. Use of Communication Services

The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group, or with specific users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service and/or any related transaction or prospective transaction on the Platform.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses or telephone numbers, without their consent; violate any applicable laws or regulations.

BidJones has no obligation to monitor the Communication Services. However, BidJones reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BidJones reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

BidJones reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BidJones's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BidJones does not control or endorse the content, messages or information found in any Communication Service and, therefore, BidJones specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BidJones spokespersons, and their views do not necessarily reflect those of BidJones.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

LIQUIDATED DAMAGES. You agree that if you violate any of the use restrictions, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting BidJones users' information, including personal or identifying information - $5 per violation; (B) sending an unauthorized or unsolicited email to an email address obtained from BidJone - $25 per violation; (C) using BidJones user information to send an unauthorized/unsolicited text message, call, or communication to a BidJone user - $500 per text/call/communication; (D) distributing any software to facilitate violations of the BidJone’s use restrictions - $1,000 per violation; (E) aggregating, displaying, copying, duplicating, reproducing, distributing, framing, or exploiting BidJone’s content for any purpose without our express written consent - $5,000 for each day you engage in such violations; (F) requesting, viewing, or accessing more than 500 pages of BidJones’ content in any 24-hour period - $0.25 per page during the 24 hour period after the first 500 pages; You agree that these amounts are: (1) a reasonable estimate of BidJones’ damages (as actual damages in the context of ecommerce businesses is difficult to calculate); (2) not a penalty; and (3) not ztherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (for example, for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the BidJones’ usage temrs will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

10. Materials Provided to BidJones or Posted on Any BidJones Web Page

BidJones does not claim ownership of the materials you provide to Platform (including feedback and suggestions) or post, upload, input or submit to the Platform or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BidJones, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, broadcast, stream, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid by BidJones or any of its agents or affiliates with respect to the use of your Submission, as provided herein. BidJones is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BidJones's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Furthermore, you are responsible for the accuracy of any Submission you make as a seller on the Platform and for reading any submission completely and thoroughly before submitting a bid or otherwise committing to buy a product or service offered in a submission. You enter into a legally binding contract to purchase an item when you commit to buy an item, when your offer for a product or service is accepted, or if you have a winning bid (or your bid is otherwise accepted.)

11. Third Party Accounts

You may be able to connect your BidJones account to third party accounts that you own, such as Facebook, Instagram, or Twitter, to the extent that their and our user agreements may allow. By connecting your BidJones account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use these features.

12. International Users

The Platform is controlled, operated and administered by BidJones from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BidJones Content accessed through www.bidjones.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

13. Indemnification

You agree to indemnify, defend and hold harmless BidJones, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Platform or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BidJones reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BidJones in asserting any available defenses.

14. Arbitration of Disputes

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

15. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING LAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BidJones agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

16. Liability Disclaimer, Liability Limitation, and Time Limits

THE SUBMISSIONS, INCLUDING iNFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIDJONES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLATFORM AT ANY TIME.

BIDJONES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, AUDIO, VIDEO, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, AUDIO, VIDEO, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BIDJONES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIDJONES AND/OR ITS OFFICERS, HAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, AUDIO, VIDEO, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BIDJONES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER ANY MONEY BACK GUARANTEE UP TO THE PRICE THE ITEM SOLD FOR ON BIDJONES (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS, (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100.

YOU AGREE THAT ANY CLAIM AGAINST BIDJONES AND/OR ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS ARISING OUT OF THIS AGREEMENT OR USAGE OF THE PLATFORM MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 12(c) of Title 17 of the United States Code

BidJones responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act, and will execute appropriate take down and provide required notices to affected users during investigation of such notices. If you believe that your intellectual property rights have been infringed, please notify us.

18. Termination/Access Restriction

BidJones reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BidJones as a result of this agreement or use of the Platform. BidJones's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BidJones's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by BidJones with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BidJones with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BidJones with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

19. Changes to Terms

BidJones reserves the right, in its sole discretion, to change the Terms under which all or any portion of the Platform is offered and/or used. The most current version of the Terms will supersede all previous versions, regardless of when you created your account or started usage. When we make material changes to the Agreement, we’ll provide you with notice as appropriate under the circumstances, for example, by displaying a prominent notice within the Platform or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Platform after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Platform under the new version of the Agreement, you may terminate your account by contacting us.

20. Contact Us

BidJones is excited to have you join our family of users and welcomes your questions or comments regarding the Terms. Please send your questions or comments to:

BidJones LLC
15097 DuPont Path
Apple Valley, Minnesota 55134

Email Address:
legal@bidjonesllc.com

Telephone number:
_________________

Effective as of February 14, 2019