Complaint Review: Swipebids - Aurora Colorado

1. AGREEMENT

These Terms of Use (hereinafter, the ' Agreement') constitute a legally binding agreement by and between SwipeAuctions.com (hereinafter, ' SwipeAuctions') and You (' You' or ' Your') concerning Your use of SwipeAuctions - website (the 'Website') and the services available through the Website (the ' Services'). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and SwipeAuctions - Privacy Policy (the ' Privacy Policy'), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

2. PRIVACY POLICY

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. SwipeAuctions encourages users of the Website to frequently check SwipeAuctions - Privacy Policy for changes.

3. CHANGES TO AGREEMENT AND PRIVACY POLICY

Internet and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, SWIPEAUCTION RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless SwipeAuctions obtains Your express consent, any revised Privacy Policy will apply only to information collected by SwipeAuctions after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. ELIGIBILITY

BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, A LEGAL RESIDENT OF THE UNITED STATES, CANADA, UNITED KINGDOM, AUSTRALIA OR NEW ZEALAND, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Persons in any of the following categories are not eligible to participate in any auction or purchase products made available through the Website and Services: (a) Employees, officers, directors, agents and representatives of SWIPEAUCTIONS.COM and their parent companies, affiliates and subsidiaries; and (b) immediate family members (defined as parents, children, siblings, spouse or domestic partner, regardless of where they reside) and/or those living in the same household as any person in (a) above. This Agreement is void where prohibited.


5. LICENSE

Subject to Your compliance with the terms and conditions of this Agreement, SwipeAuctions grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of SwipeAuctions. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of SwipeAuctions or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

6. USER INFORMATION/PASSWORD PROTECTION

In connection with Your use of certain Services, You will be required to complete a registration form. You represent and warrant that all information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your account profile. For additional information, see the section concerning User Ability To Access, Update, and Correct Personal Information in SwipeAuctions - [[Privacy Policy].

You will also be asked to provide a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify SwipeAuctions immediately of any unauthorized use of Your account, user name, or password. SwipeAuctions shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by SwipeAuctions, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.

7. CONSENT TO RECEIVE EMAIL

By establishing an account with SwipeAuctions, You consent to receive periodic email communications from SwipeAuctions.com concerning SwipeAuctions - products and services, including without limitation, auction confirmations and newsletters. You may opt-out of receiving newsletters at any time by (a) following the unsubscribe instructions contained in each newsletter.

8. SCOPE OF SERVICES

(a) SwipeAuctions Marketplace

SwipeAuctions operates an online marketplace (the 'Marketplace') that enables registered users to view, bid on, and purchase products (' Products'). Each product auctioned through the Marketplace is auctioned for an indefinite period of time based on the total number of Bids (as defined in Section 7(b)) received by that Product.

(b) Bids

Before You can bid on a Product, You must purchase a membership which comes with 300 bids (' Bids'). Bids may be purchased in packs of 135, 300,1325 and 3000 (' Bid Packs') for the then current price listed on the Website. Payment can be made by Visa only. BID PACKS ARE NON-REFUNDABLE. Once a bid is used, it is deducted from Your account and cannot be used again. SwipeAuctions reserves the right, in SwipeAuctions - sole discretion, to change the Bid Packs fees and charges in effect, or to add new fees and charges, by posting such changes on the website or providing notice to You. In addition, you do not hold SwipeAuctions - responsible for any overdraft charges or fees which you might incur during the ongoing Membership.

(c) Auction Structure

Each time a registered user places a Bid on a Product, extra time (typically a few seconds) is added to that Product's auction period (' Auction Period'), and the bidding price of the Product is increased by $0.01. An auction ends when the Auction Period reaches zero. The auction winner (the ' Winner') is the last user to place a Bid, as determined solely by SwipeAuctions - records. UPON END OF AN AUCTION, ALL BIDS USED ON THAT AUCTION, WHETHER BY THE WINNER OR NON-WINNER(S), WILL EXPIRE AND WILL NOT BE CREDITED OR REFUNDED TO THE RESPECTIVE BIDDERS. Winners are required to pay the final bidding price plus any applicable shipping and handling charges (together, the ' Total Price').

(d) Bidding Terms; Shill Bidding

By placing a Bid on a Product, You are making a legally binding offer to purchase that Product. ONCE A BID IS USED, IT CANNOT BE CANCELLED OR REFUNDED. In the event that You are a Winner, You hereby agree to complete the transaction and purchase the Product for the Total Price. Failure to complete the transaction and purchase the Product for the Total Price shall constitute breach of this Agreement, render You liable for all damages arising therefrom, and may result in the immediate termination of Your account.

YOU ARE STRICTLY PROHIBITED FROM PLACING BIDS, OR CAUSING BIDS TO BE PLACED, ON ANY PRODUCT FOR THE PURPOSE OF ARTIFICIALLY INCREASING BIDDING PRICES, MANIPULATING THE BIDDING PROCESS, OR INFLUENCING USER BEHAVIOR.

(e) Purchase; Payment

In the event that You are a Winner, You will be notified by confirmation page, email or other mechanism that You have won the auction, and You will be instructed to complete the transaction and purchase the Product for the Total Price. You must remit payment within thirty (30) days of auction end. FAILURE TO REMIT PAYMENT WITHIN THE 30 DAY TIME PERIOD WILL FORFEIT YOUR RIGHT TO PURCHASE THE PRODUCT, AND ALL BIDS USED TO WIN THE PRODUCT SHALL EXPIRE AND BE NON-REFUNDABLE. All payments must be made in U.S. currency. SwipeAuctions accepts credit card payment via Visa card only.

(f) AutoBidder

AutoBidder automatically places Bids on Your behalf up to the maximum Bid amount set by You (the ' Maximum Bid'). Your use of autoBidder constitutes a legally binding offer by You to purchase the applicable Product up to the Maximum Bid. BIDS PLACED BY AUTOBIDDER MAY NOT BE CANCELLED AND ARE NON-REFUNDABLE. YOU ARE STRICTLY PROHIBITED FROM USING ANY UNAUTHORIZED BIDDING SOFTWARE OR OTHER AUTOMATED BIDDING MECHANISM.

(g) Shipping

Unless otherwise stated, Products will be shipped within 72 hours of receipt by SwipeAuctions of the Total Price. Delivery will be made by our suppliers or, in limited circumstances, directly from us to the mailing address provided by You. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR ADDRESS ON FILE WITH SwipeAuctions IS ACCURATE AND CURRENT. SwipeAuctions may, in its sole discretion, use third-parties to satisfy shipping and other obligations without prior notice to You. Delivery is strictly limited to the United States, Canada, United Kingdom, Australia and New Zealand. All shipped Products are given a tracking number within 72 hours of shipment. You may access Your tracking numbers by visiting the 'Won Auctions' section of Your account profile or by phoning customer service at 866-389-3870 begin_of_the_skype_highlighting              866-389-3870      end_of_the_skype_highlighting, available 8am to 9pm EST (M-Sa) and 10am to 6pm EST (Su), or contacting our LiveChat service.

(h) Monthly Contest

In the event that You are one of the top 10 monthly Top Bidders, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You hereby consent to any use made or to be made by SwipeAuctions.com, its advertising agency, licenses, and producers or publishers of its promotional material and its and their successors and assigns, any text or other material, prepared or created by SwipeAuctions.com or any of such other parties at its own expense, which text or other material depicts, quotes or otherwise is attributed to You with respect to the use or ownership by You of any product or service sold, provided or otherwise distributed by SwipeAuctions.com; provided, however, that no such text or other material shall hold up to public ridicule. You also hereby release SwipeAuctions.com and such other parties from any obligation to make any payment hereunder or from any other liability incurred with the use of any such text or other material in the manner provide above.

9. PRODUCT & PRICING INFORMATION

SwipeAuctions attempts to be as accurate as possible with product and pricing information; however, SwipeAuctions cannot guarantee that product or pricing information is accurate, complete, reliable, current or error-free. Except as otherwise noted, the price displayed for Products represents the retail price, suggested by the manufacturer or supplier, or estimated in accordance with industry practice. In the event that product or pricing information is incorrect due to typographical, informational, technical or other errors, Your sole remedy is to return the Product in undamaged and unused condition.

10. EXCHANGES; REFUNDS

If You receive a faulty Product and wish to exchange it for the same Product, please phone our customer service department at 866-389-3870 begin_of_the_skype_highlighting              866-389-3870      end_of_the_skype_highlighting, available 8am to 9pm EST (M-Sa) and 10am to 6pm EST (Su), or contact our LiveChat service.

You may return unopened, undamaged Products within fourteen days (14) delivery for refund of the final bidding price only. ALL BIDS USED TO WIN THE PRODUCT AND SHIPPING AND HANDLING CHARGES ARE NON-REFUNDABLE. Please phone our customer service department at 866-389-3870 begin_of_the_skype_highlighting              866-389-3870      end_of_the_skype_highlighting or contact our LiveChat service for complete return/refund details.

For refunds on membership fees, please download the Refund Request Form (http://www.swipeauctions.com/guarantee.php) and mail the original, hand printed form along with email receipt to:

SwipeAuctions.com
Refund Center
3140 S. Peoria Street #K271
Aurora, CO 80014

Once we process your refund form and confirm that you have met the qualifications, we will issue a refund to your credit card for the $159.00 membership sign up fee. You have 90 days from the original sign up date to send your refund request to SwipeAuctions.com. You will receive a refund within 1-2 weeks of qualifying for the money back guarantee.

All bid packs purchased (with the exception of the one included with the initial membership sign up) are non-refundable.

11. ELECTRONIC SIGNATURES

You hereby acknowledge and agree that by clicking the 'submit button,' or taking such other action as may be designated by SwipeAuctions as a means of accepting this Agreement, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that Your electronic submission constitutes Your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the E-Sign Act) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12. PROHIBITED USES

SwipeAuctions imposes certain restrictions on Your use of the Website and the Services. Without limiting any other provision of this Agreement, You represent and warrant that You will not: (a) provide false, misleading or inaccurate information to SwipeAuctions or any other Website member or visitor; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (e) harvest or otherwise collect information about SwipeAuctions users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, 'flooding,' 'spamming,' 'mail bombing,' or 'crashing'; (j) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (kl) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the SwipeAuctions Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.

13. INTELLECTUAL PROPERTY

The Website, all content and materials located on the Website, including without limitation the SwipeAuctions name and any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of SWIPEAUCTIONS.COM or its licensors. Except as explicitly provided, neither Your use of the Website and Services, nor Your entry into this Agreement, grant You any right, title or interest in or to any such content or materials. SWIPEAUCTIONS, SWIPEAUCTIONS.COM and the 'SwipeAuctions logo' are trademarks or registered trademarks of SWIPEAUCTIONS.COM. The Website is Copyright 2010 to the present, SwipeAuctions.COM. ALL RIGHTS ARE RESERVED.

14. DMCA POLICY

If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want SwipeAuctions to delete, edit, or disable the material in question, You must provide SwipeAuctions with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SwipeAuctions to locate the material; (d) information reasonably sufficient to permit SwipeAuctions to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to SwipeAuctions - designated agent at:

Attn: Copyright Agent
[email protected]

15. DISCLAIMERS; LIMITATION OF LIABILITY

(a) NO WARRANTIES.

SWIPEAUCTIONS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE.' TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIPEAUCTIONS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER SWIPEAUCTIONS NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER SWIPEAUCTIONS NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES. ALL NEW PRODUCTS ARE SOLD WITH THE MANUFACTURER'S LIMITED WARRANTY. THE WARRANTY PERIOD AND SERVICE VARIES BY MANUFACTURER AND PRODUCT. WITH OUT LIMIT THE ANY OTHER SECTION OF THIS AGREEMENT, SWIPEAUCTIONS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO PRODUCTS.

(b) YOUR RESPONSIBILITY FOR DAMAGE

YOU AGREE THAT YOUR USE OF THE WEBSITE, SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SWIPEAUCTIONS OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, AND/OR USE OF PRODUCTS, INCLUDING WITHOUT LIMITATION ANY, PERSONAL INJURY OR PROPERTY DAMAGE. THE WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

(c) LIMITATION OF LIABILITY

THE LIABILITY OF SWIPEAUCTIONS AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWIPEAUCTIONS OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO SWIPEAUCTIONS OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF SWIPEAUCTIONS AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO SWIPEAUCTIONS DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SWIPEAUCTIONS AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(d) APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND SWIPEAUCTIONS OR BETWEEN YOU AND ANY OF SWIPEAUCTIONS' ITS LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SWIPEAUCTIONS' LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

16. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other SwipeAuctions policies, and with any applicable laws or regulations.

17. INDEMNITY BY YOU

You agree to defend, indemnify and hold harmless SwipeAuctions and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns (collectively, the ' Indemnified Parties') from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, ' Claims'), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to SwipeAuctions or any of the Indemnified Parties of information or other data.

The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

18. DISPUTES GOVERNING LAW

This Terms of Use Agreement shall be treated as though it were executed and performed in Alberta, Canada and shall be governed by and construed in accordance with the laws of Alberta, Canada (without regard to conflict of law principles).

(a) REQUIREMENT OF ARBITRATION

BY USING THE WEBSITE OR SERVICES, OR REGISTERING FOR THE SERVICES, YOU THEREBY AGREE WITH SWIPEAUCTIONS THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SWIPEAUCTIONS WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION BY THE ADR INSTITUTE OF CANADA, INC (' ADR') IN EDMONTON, ALBERTA, CANADA. AS USED IN THIS AGREEMENT, AN ' ARBITRAL CLAIM' IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH SWIPEAUCTIONS OR THE SWIPEAUCTIONS INDEMNIFIED PARTIES, OR ANY CLAIM SWIPEAUCTIONS HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITES, THE SERVICES OR ANY ADVERTISING RELATING TO THE SITES OR SERVICES, INCLUDING THE ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE BUT SPECIFICALLY EXCLUDING: (1) CLAIMS BY SWIPEAUCTIONS TO COLLECT FROM YOU UNPAID FEES AND LATE FEES; AND (2) ACTIONS FOR REMEDIES IN AID OF ARBITRATION OR EQUITABLE RELIEF RELATING TO INTELLECTUAL PROPERTY RIGHTS, AS FURTHER DISCUSSED BELOW IN THE 'REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF' SUBSECTION. EXCEPT AS OTHERWISE EXPLICITLY NOTED HEREIN, SUCH ARBITRATION SHALL BE CONDUCTED UNDER THE ADR SIMPLIFIED ARBITRATION RULES THEN IN EFFECT (' SIMPLIFIED RULES').

(b) WAIVER OF RIGHT TO A JURY TRIAL

BY REGISTERING FOR OR USING THE WEBSITE OR SERVICES, YOU ALSO ARE AGREEING WITH SWIPEAUCTIONS THAT YOU AND SWIPEAUCTIONS HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, SWIPEAUCTIONS OR THE SWIPEAUCTIONS INDEMNIFIED PARTIES, BOTH YOU AND SWIPEAUCTIONS STILL AGREE TO WAIVE TRIAL BY JURY.

(c) JOINDER OF CLAIMS

BY USING REGISTERING FOR OR USING THE WEBSITE OR SERVICE, YOU ARE FURTHER AGREEING WITH SWIPEAUCTIONS THAT NEITHER YOU NOR SWIPEAUCTIONS WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR SWIPEAUCTIONS WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.

(d) NO EFFECT ON SUBSTANTIVE RIGHTS

THIS AGREEMENT TO ARBITRATE DOES NOT CHANGE YOUR OR SWIPEAUCTIONS' SUBSTANTIVE RIGHTS, JUST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION, YOU CAN STILL BRING ANY ISSUES YOU MAY HAVE CONCERNING THIS AGREEMENT, THE SITES OR THE SERVICES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND THEY CAN STILL, IF THE LAW ALLOWS, SEEK RELIEF AGAINST SWIPEAUCTIONS AND THE SWIPEAUCTIONS INDEMNIFIED PARTIES OR ON YOUR BEHALF.

(e) FINALITY, APPLICATION OF ARBITRATION AWARD

ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

(f) INTERPRETATION

In rendering an award, the arbitrator shall apply the substantive and procedural law of Alberta, Canada, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law.

(g) HEARINGS; FEES & COSTS

Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the Simplified Rules would otherwise have provided for an in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the Simplified Rules, although the arbitrator may, in the award, allocate all or any part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.

(h) REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF

This agreement to arbitrate will not preclude either You or SwipeAuctions from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude either You or SwipeAuctions from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, to preserve the intellectual property rights of You, SwipeAuctions or third parties. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING 'EQUITABLE RELIEF' WILL BE THE COURTS LOCATED IN EDMONTON, ALBERTA, CANADA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

19. TERMINATION

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SWIPEAUCTIONS RESERVES THE RIGHT TO, IN SWIPEAUCTIONS' SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by SwipeAuctions. You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to SwipeAuctions notice of Your intention to do so, in the manner required by this Agreement.

(a) Effect of Termination; Survival

Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, SwipeAuctions may, but has no obligation to, in SwipeAuctions' sole discretion, delete from SwipeAuctions' systems all User Content, Your Personal Information and any other files or information that You made available to SwipeAuctions or that otherwise relate to Your use of the Website or Services. Subsequent to termination, SwipeAuctions reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-4, 6, 8-12, 14-21 will survive any termination of this Agreement.

(b) Legal Action

If SwipeAuctions, in SwipeAuctions' discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, SwipeAuctions will be entitled to recover from You as part of such legal action, and You agree to pay, SwipeAuctions' reasonable costs and attorneys' fees incurred as a result of such legal action. The SwipeAuctions Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.

20. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. SwipeAuctions shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to SwipeAuctions. You agree that any notice received from SwipeAuctions electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH SWIPEAUCTIONS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY SWIPEAUCTIONS OF AN EMAIL TO THAT ADDRESS. You shall give any notice to SwipeAuctions by means of email or by contacting Live Chat.

21. FORCE MAJEURE

You acknowledge and understand that if SwipeAuctions is unable to provide the Services as a result of a force majeure event SwipeAuctions will not be in breach of any of its obligations towards You under this Agreement. A force majeure event means any event beyond the control of SwipeAuctions. In the event SwipeAuctions is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. SWIPEAUCTIONS SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

22. GENERAL

This Agreement constitutes the entire agreement between SwipeAuctions and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of SwipeAuctions or by the unilateral amendment of this Agreement by SwipeAuctions and by the posting by SwipeAuctions of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties'' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of SwipeAuctions. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and SwipeAuctions are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the SwipeAuctions Parties and the Indemnified Parties as and to the extent set forth in Sections 11, 16, and 20(b), and SwipeAuctions' licensors and suppliers as and to the extent expressly set forth in Section 14, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to SwipeAuctions and SwipeAuctions' licensors and suppliers, and would therefore entitle SwipeAuctions or SwipeAuctions' licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.

___________________________________________________________________________

Now, look at Alberta's Fair Trade Act here (http://www.servicealberta.gov.ab.ca/1025.cfm#anchor2)

 

Under this law, you have the right to cancel. If any contract is vague, it falls under the benefit of the consumer. Simply apply to Service Alberta to complain.

 

You have up to 30 days to cancel and no reason is needed. You need to cancel in writing and prove you cancelled with a tracking number. REFUNDS MUST BE GIVEN WITHIN 15 days. You must return anything they gave you of value (i.e. winnings) or cash equilivant. See: http://www.servicealberta.gov.ab.ca/pdf/Forms/Direct_Seller_Cancellation.pdf

 

A great summary of your rights are located at http://www.servicealberta.gov.ab.ca/1025.cfm This page also gives you ways to complain. The complaint page is located here:

 

Thank you, Swipebids/SwipeAuctions for claiming you wish to use the laws in Alberta, Canada. Alberta takes an extremely strong stance through its "Fair Trade Act".

 

As the value of "bids" is not outlined as valued, I suspect this means the value would be ZERO. However, the courts would need to state this I suppose.

 

As an aside, I wanted to show you the conversation I had with swipeauctions/swipebids.

 

They were not willing to disclose their location. That is ok...their TOS will suffice as their juristicition of choice. Also, funny how they claim to be based in the US but their TOS wants to use the laws of Alberta, Canada.

 

Here it is: