General / Overview
The following Terms & Conditions shall apply to the relationship between Markerbids.com and the end user ("You" or "Your"). By using Markerbids.com's services, you accept the following Terms and Conditions, as well as the manner in which Markerbids.com operates. These Terms & Conditions constitute the entire agreement between Markerbids.com and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Markerbids.com with respect of Your use of Markerbids.com. Information on Markerbids.com, such as the "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. Markerbids.com is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material. Markerbids.com will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates. Markerbids.com reserves the right to change these Terms & Conditions at any time without notice to You. Consequently, You should review these Terms & Conditions for changes each time You visit Markerbids.com. If you have any questions, concerns, or comments about our Terms & Conditions, please contact us at firstname.lastname@example.org
Acceptance of Terms & Conditions
By accepting the Terms & Conditions and/or registering with Markerbids.com, You confirm that You are eligible (as specified in the "Eligibility" section) to use Markerbids.com. If You do not agree to the Terms & Conditions, do not use Markerbids.com. If You access, use, or download in any way, any service from Markerbids.com, You agree to and are bound by these Terms & Conditions.
By accepting the Terms & Conditions and/or registering with Markerbids.com, You confirm that You are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract. By using Markerbids.com, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If You access, use, or download in any way, any service from Markerbids.com, You agree to and are bound by these Terms & Conditions.
Patrons under the age of 18
There is no law or regulation that says that you much be 18 years old, to participate in a penny auction website. Our internal policy is that we PREFER to deal with people over 18 years old. We do not want to deal with children. With that being said, if a person under 18 decides they want to violate our posted Terms of Agreement, this does NOT entitle them to a refund AFTER they purchase bids and participate in the auctions. You cannot walk into a restaurant, eat a plate of food, then demand a refund because "I was under 18 when I asked for the food". If your son or daughter, uses your credit card information to purchase bids on Markerbids without your consent, you need to call the police, and press charges against your child. We have NEVER refunded a customer because they claimed their "child" used our site and we never will. If you give your child full access to your financial information, including your credit cards and Paypal login, then leave your child unsupervised on the internet every night to do as they wish, this is not our concern or problem as a business owner, this is YOUR concern as a parent. If you purchase bids on our website, then use them in the auctions, that revenue is ours and we will be exhaust all means necessary to keep it.
Re-Selling / Trading, & Personal Use Clause
Markerbids strictly forbids the practice of winning items for the sole purpose of reselling & trading. Patrons of Markerbids agree that items won on Markerbids, are for PERSONAL use only. Winning items for teammates (to give away or to sell to them), winning items to resell on Facebook, winning items to sell in BST sections of Paintball Forums, winning items to be resold on Ebay, winning items for the sole purpose of being resold is strictly forbidden. While we do understand that patrons may win an item and decide later on that it wasn't what they were expecting, usually a clear pattern develops when someone is winning items strictly for resell. Patrons who are caught winning items strictly for resell, will have their accounts revoked and bids forfeited, and inbound shipments recalled. If you see reselling taking place, please report it to email@example.com. A 50 Bid Reward will be given for information regarding patrons abusing this clause and reselling.
Markerbids.com employees and their immediate family members, and any person residing in the same household as employees may not under any circumstances participate in Markerbids.com auctions. Markerbids.com products and services are offered exclusively to private users and not to commercial or semi-commercial retailers. Markerbids.com reserves the right to limit the number of user accounts per household and the number of won auctions per user account. Markerbids.com will not allow a single paypal account to be used in conjunction with multiple user accounts. Markerbids.com limits the number of user accounts per natural person and/or per household to one (exceptions may apply - contact support for any questions). Markerbids.com nay limits the number of auctions that a single user account can win in a given period. In addition, a single user account may only win or be winning a stated maximum number of auction per calendar day.
You can only register once and You must provide a valid postal address where You reside (P.O. boxes or similar arrangements may not be permitted). You agree not to have more than one account. In addition, You must not provide misleading information when registering. You may not collude to exchange information. Your chosen username must not be offensive, rude, disparaging or intended to deceive or delude other Markerbids.com users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. If Markerbids.com receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Markerbids.com's sole discretion, Your user account may be frozen until You change the username or Markerbids.com may permanently close Your account without prior notice to You for violating these Terms & Conditions with no refunds given. You are responsible for keeping Your user account password confidential. Markerbids.com will never ask for Your password apart from login, nor should it ever be provided to anyone, including Markerbids.com employees. User accounts are non-transferable. You agree that Your user account may be used only by You and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage Markerbids.com, shall result in the termination of the user and the reporting of a crime. In general, You agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.
Please verify your Paypal account -
Effective 05/08/2013, Markerbids will ONLY ship winnings to VERIFIED Paypal accounts. We have done this to combat chargeback fraud, and to combat fraudulent accounts. Paypal's verification process is simple -
1) Log in to your PayPal account.
2) Click Get Verified on your Account Overview.
3) Select the verification method you want to use.
4) Enter your information, then click Continue.
5) Click Confirm, then click Submit.
6) We will only ship to the shipping address in your Paypal profile. Please update accordingly
We will not ship you the item, until your account has been verified with the correct address added to your Paypal profile.
Please use FIREFOX or GOOGLE CHROME!!
This site is NOT designed to be used with Internet Explorer, or Apple Safari or mobile devices. This site is also not designed to be used over Wifi or a Cellular Network. We strongly recommend that you use either Mozilla Firefox, or Goggle Chrome. Both can be downloaded free of charge, and both can be run on either PC or MAC. Any issues or problems that you have with Markerbids, while using Internet Explorer, Safari or over wifi or cellular network, will be immediately discounted and disregarded. Markerbids is not designed to be used with Internet Explorer or Safari, and you will experience everything from frozen auctions, inability to place bids, and inconsistent site performance when using Markerbids. There is no other way to say this - DO NOT USE INTERNET EXPLORER, SAFARI OR Smart Phones!!! Download Mozilla Firefox or Goggle Chrome onto your desktop or laptop computer. Also, do NOT attempt use Markerbids using a Smart Phone, Tablet, Ipad, Ipod, Iphone, or Android device. Connections over Wifi Networks or Cellular Networks can be very unreliable and inconsistent. Our recommendation for best performance, is a desktop computer or laptop plugged directly into your router, with cookies and cache cleared BEFORE you start bidding. We also recommend that you not use any streaming applications on your computer, such as music, games or downloads. Things that can affect your connection to the internet, will affect your experience with Markerbids. While it is your money, and you can bid at your risk, don't send us emails telling us our website "sucks" because you placed a bid on your IPhone while driving down the highway at 80mph that didn't get counted. The more you complicate your connection to Markerbids, the happier you make your opponents!
Signing up for duplicate accounts is not permitted. Markerbids Inc will be screening all winners, and randomly screening existing accounts for duplicate accounts. Anyone found in possession of more than one active account, will forfeit their winning item, forfeit any monies paid for bid packs, and forfeit any payments made for winning items. The fraudulent user will have their name, paypal address, and IP address permanently banned from Markerbids.com. WE WILL CATCH YOU, DON'T DO THIS!! We also will consider any accounts that have used the same paypal account, as one and the same for the purposes of promotions or free bids.
Collusion is defined as any two entities (user names, accounts, people, etc) working together on an auction. Examples (but not limited to) are -
* two accounts in the same household, bidding on the same item
* two people working together in the forum such as "Is it ok if I take Item A, and you bid on Item B?"
When in doubt, send us an email at firstname.lastname@example.org. If suspect collusion, wins will be forfeited, and accounts will be zero'd out without refund.
* reverse collusion - openly telling someone you "backed off", with the expectation that they will return the favor in the future
No refunds on purchased bid packs -
Markerbids uses the bid packs purchased by patrons, to purchase products to be auctioned on the website. We also guage interest in the products we sell, by the amount of bid packs purchased. The more bid packs that patrons purchase, the more expensive and the higher quality items we purchase and list on the website.
With this being said, bid packs are non-refundable. Once you purchase them, the bids belong to you, to bid on you the items you see on the website. Unfortunately recently, we've had patrons win items, we ship them the items that they won, then they demand a refund on their remaining bids, and before we can process it, they file a chargeback after the items have been shipped.
PayPal has advised us to simply change our policy, to note that all bid pack sales are FINAL.
Please remember, we use the money we recieve from the bid packs, to purchase products to list on the website! If you don't see something you want to bid on, email us or post a request in the forum!
If a product arrives damaged, broken, dead upon arrival (DOA) etc, it is the responsibility of the winner to assume all costs in getting the product repaired, replaced or fixed. This includes contacting the manufacturer, paying for the shipping to ship the defective product to the manufacturer, and any other costs associated with the returning of the product. Markerbids does not have the ability to warranty repair or warranty swap any products sold on the Markerbids website. Markerbids will assist in any way we can to help resolve the issue, but we do not offer any sort of warranty coverage on the products sold on the Markerbids website. If you recieve a defective product, please contact the manufacturer via their website, phone, or email to recieve an RA/ RMA (return authorization code) to mail the product back for replacement or repair.
Manual Bid Monday (use of clicking scripts / mouse macros)-
Manual bidding nights, are designed to be competitive in that everyone bidding, must be manually clicking their mouse. Bidders who have a predictable pattern of bidding (such as 3 seconds after the last bidder, every single time) can be subjected to investigation. People who are manually bidding, will have inconsistent patterns in their bidding. Sometimes they will rapid click, sometimes they'll be 8 seconds after the last bidder, 3 seconds, the pattern is inconsistent, which is normal for someone manually clicking a mouse. Bidders who are consistent, with a predictable pattern, can be questioned. If we feel that someone attempted to cheat an auction, wins will be forfeited, accounts zero'd out, and bans will be handed out.
Chances of Winning-
The maximum number of people who will win an auction each night, is capped by the number of auctions Markerbids runs that night. Typically, Markerbids will run 5 auctions per night, which means that only 5 items will be won every night. If 100 people are bidding on items each night, only 5 items will be shipped the following morning. We strongly emphasize that you understand the financial risks you take when using Markerbids. Some people may win 2 or 3 auctions in one night, but the majority of people who bid on items will not win an auction that night.
Paypal Disputes / Claims / Chargebacks etc-
Filing a claim / chargeback / dispute with Paypal is grounds for a permanent suspension of your account. Markerbids has the ability to resolve 99.999% of all issues with Paypal, Paypal payments and Paypal problems right here in house. Filing a claim can serious damage the reputation of Markerbids Inc with Paypal, which can lead to higher fees, holdbacks, and reserve balances on our corporate account. ALWAYS contact us FIRST!! Filing a claim should ONLY be reserved for fraudulent circumstances. If you file a claim with Paypal, without contacting us first, your account will be suspended, and you will permanently blacklisted from using Markerbids. You must also understand that when you file a claim with Paypal, we lose the ability to refund your money. Paypal removes your funds from our account, and freezes them pending the resolution of the investigation. This can take a couple hours, a couple days, or a couple weeks depending on how much information they need to collect. Once you file a claim, Markerbids can no longer assist you. Markerbids can ONLY provide information to Paypal through the Resolution Center. ALWAYS contact us first!!! Filing a Paypal claim is ALWAYS the last resort to resolve fraudulent activity.
Shipping / International Shipping / Customs / Insurance etc-
The costs of shipping of built into the price of the auction. Markerbids does not charge any additional fees for shipping. The final price of the item, is all the buyer is responsible to pay to receive his item. An important note: All items are shipped with terms FOB Shipping. Which means that the buyer of the auction takes responsibility for the item once it ships, and any damages that may occur during shipping. Markerbids is ONLY responsible for insuring / declaring the item at it's final value price, NOT the replacement cost of the item. Meaning, if you win a $1,500 Luxe, that sells for $34.11, your package will be shipped from Markerbids insured for $34.11. If the package is lost, damaged or stolen, Markerbids is ONLY responsible for $34.11 in this instance, not the $1,500 replacement cost of the item. Also, when shipping internationally, Markerbids will declare / insure the item for the final price of the auction ($34.11), not the replacement cost.
Also, in regards to international shipments, Markerbids is not responsible for any tariffs, duties, or taxes that your government decides to impose on your parcel. This is YOUR responsibility, not Markerbids. We have no control over what your customs department charges for packages, that is between you, your customs department and your government. With this being said, you also cannot insure a package for $1,500, and only declare it for $34.11. What you insure the package for, and what you declare it for must match up. If anyone (domestic or international) would like to insure their package, contact Markerbids upon the close of the auction. Insurance costs $5 per $100 per package. If you would like to insure your package for $1,500 you would need to send an additional $75 to Markerbids so we can insure your package. NOTE: Markerbids ships items for free, Markerbids does not insure the items for anything above the final value price. If you're $1,500 Luxe that you won for $34.11 gets stolen / lost / damaged in shipping, Markerbids is only responsible for the final value price. You will not be reembursed for any bids used, you will be re-embursed for the final price of the item. In this example, if your Luxe is stolen off your doorstep, upon making a police report and showing proof of the police report, you will recieve a payment of $34.11 from Markerbids. Any further questions, please contact us.
Tracking Numbers & Delivery Time
"How long does it take to receive my item?" is a common question. If you live inside of the US, you can expect to receive your package within 5 to 10 business days after the auction ends. Outside of the US, it can take between 15 to 25 business days to receive your item. Markerbids typically ships the item within 2 to 3 business days after the auction is over. Markerbids does not provide tracking numbers for packages by default, nor does it provide insurance or delivery confirmation. If you would like for us to research and provide shipping confirmation, we asses a $10 fee to research the item and provide that information. If you do not want to pay the $10 research fee, simply sit tight until your item arrives.
Account Termination / Closing Accounts
TERMINATION BY YOU: How you terminate your Markerbids account, is by opting out of any future newsletters (Edit Profile, Newsletter, No) and simply not returning to the website. Emails that are titled or bodied "Close my account" will be ignored. We do not delete accounts, all accounts opened will remain in our database permanently for future audits or for reference. .
TERMINATION BY Markerbids.com: Markerbids.com reserves the right to temporarily or permanently terminate Your account at its sole discretion if it determines You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual ("Multiple Account Violation") or if Markerbids.com suspects fraudulent account activity or behavior. You agree that if Markerbids.com, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Markerbids.com may withhold, cancel or otherwise retain any and all of Your pending deliveries.
Please use AutoBidder!!
You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the AutoBider function. AutoBid is an automated feature which lets You bid on an auction even when You are not online or logged in. AutoBid automatically places bids according to Your instructions.
Markerbids does NOT warranty any bids placed manually, under any circumstances. Too many variables come into play with manual bidding, cell phones, wifi connections, etc. USE THE AUTOBIDDER FEATURE!!
Markerbids.com reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.
Bid Packs purchases are FINAL, and are not eligible for refund. A maximum of 15 seconds will be added to the timer and one bid will be deducted from Your account with each bid placed. An auction ends when the timer on the Markerbids.com server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the Markerbids.com server(s) hit zero.
Pushed Auctions / Postponed Auctions
On occassion, Markerbids may postpone or "push" auctions, if patrons do not purchase bid packs leading up to the auction. We prefer to have approximately 40% of the retail price of the auction in bid packs puchased that day, before we let the auctions proceed. That means if we have $2,000 in items listed, we prefer to have at least $800 in bid packs purchased for the evening.
If we fall short, we may postpone the auctions 24 hours, to allow more patrons a chance to bid on the items or purchase bid packs. We rarely have to do this, but we reserve the right to do so. When patrons do not purchase bid packs, we assume that we have listed items no one wants, and we may cancel, reschedule, push the auctions 24 hours, etc.
Auction Win / Checkout Payment
After an auction has ended, You will receive a confirmation email with the item description. If the item is not paid within seven (7) days of the auction end date, Markerbids.com reserves the right to withdraw the offer to conclude a contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable. The item will not be sent to You until the total price has been paid to Markerbids.com. An invoice containing the total auction price will be sent to You by Markerbids.com once delivery has been arranged.
Any special promotions run by Markerbids.com shall only be valid if they are announced on Markerbids.com or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on Markerbids.com or in our newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished. Markerbids.com reserves the right to show additional auctions to You at Markerbids.com sole discretion.
Unless otherwise stated, delivery will be made directly from our suppliers, or from our warehouse to the address provided by You. Delivery times vary; therefore any time provided should be used as a guide. Markerbids.com shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is the responsibility of the buyer. It is your responsibility to contact Markerbids prior to the package being shipped, to arrange any insurance, tracking or signature confirmation needs. We ship items without tracking, without insurance in regards to lost packages or packages damaged in shipping. We can arrange tracking and insurance at an additional cost to the buyer. Also, Markerbids is not responsible for factory defects or products that arrive damage or non-functional from the factory. It is the buyer's responsibility to contact the manufacturer, at their own cost, to arrange the product being fixed or repaired. Markerbids is not responsible for the costs associated with shipping the defective product back to the manufacturer.
Withholding Payment / Retention of Title
You agree that the item delivered shall remain Markerbids.com's property until payment is received in full of the total price, including the shipping and bids used in the auction.
Markerbids.com strives to ensure the accuracy of all content and listings on its website. However, Markerbids.com does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current or error-free. If a product offered by Markerbids.com is not as described, your sole remedy is to return it in an unused condition under the terms for damaged and defective items under our general return policy.
All content included on this site including but not limited to text, graphics, logos, icons, and images are the property of Markerbids.com or its content suppliers and are protected by U.S. and international copyright laws. Both individual instances of content and compilations thereof are the exclusive property of Markerbids.com and are protected by U.S. and international copyright laws. All software used in the operation of Markerbids.com is the property of Markerbids.com or its software vendors and is protected by U.S. and international copyright laws.
Markerbids.com, Markerbids.com.com graphics, logos, page headers, icons, scripts and service names are trademarks, registered trademarks or trade dress of Markerbids.com in the U.S. Markerbids.com's trademarks and trade dress may not be used in connection with any product or service that is not Markerbids.com's, in any manner that is likely to cause confusion among potential or current customers, or in any manner that disparages or discredits Markerbids.com All other trademarks not owned by Markerbids.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Markerbids.com.
Disclaimer of Warranty and Liability Regarding Use of Markerbids.com
You agree that use of Markerbids.com is at Your sole risk. Neither Markerbids.com nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Markerbids.com, or the like, warrant that websites affiliated with Markerbids.com, including but not limited to, Markerbids.com, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Markerbids.com may contain inaccuracies or typographical errors. Markerbids.com makes no warranty as to the results that may be obtained from the use of Markerbids.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Markerbids.com. Furthermore, Markerbids.com shall not be responsible for any opinions, views, advice or statements posted on Markerbids.com (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Markerbids.com spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized Markerbids.com spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification. YOUR USE OF MARKERBIDS.COM IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY MARKERBIDS.COM LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
MARKERBIDS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MARKERBIDS.COM, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF MARKERBIDS.COM, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, MARKERBIDS.COM DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKERBIDS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM MARKERBIDS.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT MARKERBIDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH MARKERBIDS.COM.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON MARKERBIDS.COM SERVICES OR ITEMS PURCHASED THROUGH MARKERBIDS.COM, FROM INABILITY TO USE MARKERBIDS.COM' SERVICES OR ITEMS PURCHASED THROUGH MARKERBIDS.COM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF MARKERBIDS.COM' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If You are dissatisfied with any portion of Markerbids.com, You should discontinue Your use of Markerbids.com.Disclaimer of Warranty and Liability Regarding Purchases from Markerbids.com All new products are sold with the manufacturer's limited warranty only. Markerbids.com warrants solely that the products sold to You under these terms shall have the characteristics specified in Markerbids.com' specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Markerbids.com. Warranty is excluded for the delivery of any used products. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, MARKERBIDS.COM MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY MARKERBIDS.COM OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT MARKERBIDS.COM SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY MARKERBIDS.COM. IN NO EVENT SHALL MARKERBIDS.COM BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
System Outage / Crashed / Glitched Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, the auction will be relisted at 11:00PM EST the same evening, for bidding to continue. Instead of 5 auctions, we will list 6, the crashed auction being the 6th. We do not refund bids for crashed auctions, the auction simply resumes starting at 11:00PM EST. It is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to maintain uninterrupted connection with the Internet. Markerbids.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, Markerbids.com shall not be liable for any damage incurred by auction users or third parties from using Markerbids.com' services. In particular, Markerbids.com shall not be liable for damage that occurs due to bids not being received by Markerbids.com, not being received promptly, or not being considered as a consequence of technical errors.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on Markerbids.com should be made directly to the manufacturer in accordance with their Terms & Conditions.
Applicable Law / Severability Clause
This Terms & Conditions Agreement and Your use of Markerbids.com shall be governed by the laws of the United States of America and the State of Markerbids.com without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in Markerbids.com. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access Markerbids.com and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account and/or participate in auctions offered by Markerbids.com while located in a prohibited Jurisdiction, You will be in violation of the law and these Terms & Conditions, and subject to having Your account suspended or closed permanently. You agree that Markerbids.com cannot be held liable if laws applicable to You restrict or prohibit Your participation.
The UN Convention on the International Sale of Goods shall not apply.
Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
Site Policies, Modification & Severability. Please review our other policies, such as our return policy, posted on Markerbids.com.com. These policies also govern your use of Markerbids.com We reserve the right to make changes to any portion of our site, policies and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Placing frequent, repeated and/or unmonitored bids online at www.Markerbids.com.com can incur high costs. We advise all users to carefully monitor their bidding practices. Each bidder is responsible for monitoring their own bidding practices and determining their own monetary risks.