1. Persons under the age of 18 are prohibited from creating accounts on PetBidz.com. By creating an account, you agree that: a) you are over the age of 18, b) have read the below terms and conditions, and c) are bound by the terms and conditions.
2. You understand and agree that PetBidz.com (including PetBidz, LLC, its managers, members, employees, agents, successors, and assigns) is serving merely as a facilitator between persons or entities wishing to purchase or sell pets. PetBidz.com reserves the right, in its sole discretion, to refuse to allow the use of PetBidz.com to any person or entity. PetBidz.com may terminate you right to use PetBidz.com, or any portion of it, and may prevent your future access of PetBidz.com, or any portion of it.
3. When you create a PetBidz.com account, either for the purchase or sale of pets, you agree to the PetBidz.com fees. Monthly membership fees are $19.99 per month and will be billed each month until cancellation, which must occur no less than ten (10) days prior to the next monthly billing or you will be billed for the upcoming month. For all auctions, you agree to pay PetBidz.com three percent (3%) of the winning bid amount if you are the seller. All pricing is subject to change.
4. You agree that you will be solely responsible for any posts, information, content, photographs, text, graphics, etc that you create and publish on PetBidz.com (“User Content”). You understand that you are responsible for all data charges you incur by using PetBidz.com. You agree that you are solely responsible for all claims, damages, or losses arising from or related to your User Content. PetBidz.com has the right, but not the obligation, to delete any User Content it, in its sole discretion.
5. You agree that by uploading User Content to PetBidz.com, you are granting PetBidz.com an irrevocable, nonexclusive, worldwide, perpetual and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed. You agree that PetBidz.com’s use of your User Content does not and will not entitle you to any compensation from PetBidz.com.
6. You agree that you will abide by all applicable laws, statutes, ordinances, and regulations, whether federal, state, or local, issued by all applicable governmental body or agency, including but not limited to, the United States Department of Agriculture, the Center for Disease Control, the United States Fish and Wildlife Service, United States Department of Transportation, United States Customs and Border Protection, and the United States Patent Office.
7. You agree not to use or reproduce any User Content accessed through PetBidz.com, other than User Content which you have created, except as expressly authorized by PetBidz.com.
8. You agree to indemnify, defend, and hold harmless PetBidz, LLC, its managers, members, employees, agents, successors and assigns from and against any and all damages, losses, liabilities, claims, or expenses, including but not limited to attorney’s fees and costs, arising out of or relating to your User Content or your use of PetBidz.com. The only exception to this indemnity obligation will be in the event of the sole negligence or willful misconduct of an indemnified party.
9. PETBIDZ.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PETBIDZ.COM. PETBIDZ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OF PETBIDZ.COM AND YOU EXPRESSLY WAIVE ANY CLAIMS YOU MAY HAVE AGAINST PETBIDZ.COM FOR YOUR USE OF PETBIDZ.COM.
YOU EXPRESSLY WAIVE ANY CLAIM YOU MAY HAVE TO RECEIVE DAMAGES FROM PETBIDZ.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU FURTHER AGREE THAT IN THE EVENT YOU ARE AWARDED ANY DAMAGES BY A COURT OR ARBITRATOR OF COMPETENT JURISDICTION, PETBIDZ.COM’S LIABILITY TO YOU IS EXPRESSLY LIMITED TO THE AMOUNT YOU HAVE PAID TO PETBIDZ.COM IN THE TWELVE (12) MONTHS PRIOR TO THE AWARD.
10. PetBidz.com reserves the right to modify any and all of these terms and conditions at any time, and you agree that any such modification shall be effective upon the publication of the terms and conditions to PetBidz.com.
11. You agree that these terms and conditions will be governed by the laws of the State of Arizona, without regard to any conflict-of-laws analysis. You further consent to personal jurisdiction in the State of Arizona.
12. All claims arising out of or related to these terms and conditions and use of PetBidz.com must be resolved by arbitration in accordance with Arizona’s Revised Uniform Arbitration Act, A.R.S. § 12-3001 et seq, which shall be the sole and exclusive remedy for resolving such claims. The parties shall attempt to mutually select the arbitrator, or in the event they are unable to agree on an arbitrator, apply to the Presiding Judge of the Pima County Superior Court, Pima County, Arizona, to appoint an arbitrator. Any award rendered by the arbitrator shall be final and binding upon each of the parties, and judgment on the award may by an court having jurisdiction thereof. The costs shall be borne equally by both parties. YOU AGREE TO WAIVE ANY CONSTITUTIONAL OR STATUTOR RIGHTS TO A JURY TRIAL. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUIT, AND RECOGNIZE THAT ARBITARTION IS YOUR SOLE AND EXCLUSIVE REMEDY TO BRING ANY CLAIMS AGAINST PETBIDZ.COM ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF PETBIDZ.COM.
13. You agree that in the event any of these terms and conditions is determined to be unenforceable or void, that provision shall be deemed severed from the remaining terms and conditions, which shall remain in full effect.