1. Introduction
a. Ahmose, LLC (Hereinafter: the
"Company") is a Maryland company, which manages and implements private
Auctions, designed for profit. b. The herein Users Agreement
describes the "Auction," which is a unique and specialized Auction
procedure (Hereinafter: "Auction") and consists of the Company
promoting invitations for Blind Bidding from its Members on various
products and/or services, accepting Bids, determining the Successful
Bid, delivery of the product and/or service to the Participant that
submitted the Successful Bid; all in accordance as described herein
this Users Agreement. c. Prior to participating in an Auction, Users must register with the Company and setup a Member profile. d.
Before each Auction, the Company will determine the maximum Bid amount
for each Auction and the Maximum Number of Bids that will be accepted
for the Auction. This price will be displayed for each Auction and is
referred to as the "Lot" price. e. Participants in the Auction
will submit Bids less than or equal to the "Lot" price in United States
Dollars and cents and will pay a administration fee (Hereinafter:
"Bidding Fees") for each submitted Bid. f. Each Auction is
independent of all other Auctions and is for only one product and/or
service and every Auction will have a Unique Auction number. g. Each
Auction will close when it meets the closing requirements as described
herein this Users Agreement. After the Auction closes, the Participant
that submitted the winning (successful) Bid is determined. The
Successful Bid is the highest unique Bid for the offered item out of
all Bids received for the Auction. A unique Bid is a Bid that is not
identical to any other Bid submitted in that Auction. h. Once
identified, the Successful Participant in an Auction is extended an
offer to purchase the product and/or service for the Successful Bid
submitted by them in that Auction, as described herein this Users
Agreement. i. After receiving payment for the Successful Bid from
the Successful Participant, the Company will ship or deliver the
product and/or service via methods described herein this Users
Agreement to the address contained in the Successful Participants
Member profile at the time the Bid was submitted and accepted by the
Company.
2. Acceptance of Terms Through Use
a. By using this site or by registering
as a Member or by placing Bids on this site or by clicking "I Agree" to
this Users Agreement, you (Hereinafter: "User") signify your agreement
and acceptance of these terms and conditions. If you do not agree to
this agreement please do not use this site and do not register as a
Member and do not place any Bids and do not click "I Agree". Please
check this agreement periodically for changes as the Company reserves
the right to revise this agreement and your continued use of this site
following the posting of any changes to this agreement constitutes
acceptance of such changes. The company reserves the right to terminate
a User's use of the site at anytime without notice and may do so for
any breach of this agreement or the instructions on this site by the
User. b. Users must be over 18 to agree to this user's agreement and register as a Member and to use this site or place any Bids. c.
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips and written and other
materials that are part of this site (collectively, the "Contents") are
copyrights, trademarks, trade dress and/or other intellectual property
owned, controlled or licensed by Ahmose LLC, one of its affiliates or
by third parties who have licensed their materials to Ahmose LLC and is
protected by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all content on
this site is the exclusive property of Ahmoze.com and is also protected
by U.S. and international copyright laws. d. Except as may be
explicitly permitted through use, you agree not to download, cut and
paste, sell, license, rent, lease, modify, distribute, sell, reproduce,
transmit, publicly perform, publish, adapt, edit or create derivative
works from concepts, code or content contained on this site. Systematic
retrieval of data or other content from this site to create or
reproduce directly or indirectly, intellectual, application, database
or directory information or contents without written permission from
the Company is prohibited. In addition to the above, any use of content
or materials developed by the company and/or its affiliates for any
purpose not expressly permitted in this agreement is prohibited. e.
You agree that if you are issued a Username and Password by the
Company, you shall use your best efforts to protect and prevent access
to this site through your Username and Password by anyone other than
yourself, including, but not limited to, keeping such information
strictly confidential, notifying the Company immediately if you
discover loss or access to such information by another party not under
your control and supervision, and by using a Username and Password not
easily guessed by a third party. f. You agree that you shall not try
to reverse engineer, reverse assemble, reverse compile, decompile,
disassemble, translate, or otherwise alter any executable code,
contents or materials on or received by this site. You understand that
the company shall pursue such penalties to the full extent of the law
to protect its rights and the rights of its advertisers and licensors. g.
Except that Ahmose LLC is an independently run company that is in no
way affiliated with companies featured on our site (ex. we are not
affiliated with Walmart).
3. Definitions
a. "Accepted Bid" is a valid Bid in which the Bidding Fees have been paid in accordance with this Users Agreement. b.
"Bid" is an offer submitted by a Participant, in an Open Auction, that
does not exceed the "Lot" price set for that particular Unique Auction
and meets the rules as defined in this Users Agreement to be considered
a Bid. c. "Bidding Fees" are fees charged to the credit card or paid
via other accepted payment methods, for every Bid placed by a
Participant in an Auction. Bidding Fees are charged to the Participant
for each Bid placed by them, at the time the Bid is placed, in a Unique
Auction, whether their Bid was successful or not. The company may
charge different Bidding Fees for separate Auctions from time to time,
according to the company's discretion. d. "Blind Bid" is a Bid for
an Active Auction in which the Participant does not have knowledge of
any Bids placed by other Participants in the Auction. e. "Closed
Auction" is an Auction for a product and/or service that has ended by
receiving the Maximum Number of Bids for the Auction or the Auction has
met the criteria to end as set forth by the Company in this Users
Agreement. f. "Confirmation E-mail" a message e-mailed to a
Participant in an Auction that confirms the Participants Bid in an
Auction. If a Participant does not contest the validity of a Bid within
24 hours of being placed, or before the Auction closes, the Company
will consider it a correct and valid Bid, and authorized by the Member. g.
"Duplicate Bid" is a Bid submitted by a Participant in a Unique Auction
where another Participant(s) has submitted a Bid(s) for the identical
amount. Duplicate Bids are used to calculate the number of Bids
required to close an Auction but are disqualified from being selected
as the Successful Bid as defined in this Users Agreement. (For example:
If Participant "A" Bids $4.25 in a Unique Auction and Participant "B"
subsequently submits the identical Bid of $4.25 in the same Unique
Auction, the Bids will be classified as Duplicate Bids and will be
excluded from being selected as the Successful Bid.) h. "Free
Auctions" are Auctions in which a Participant uses a Free Auction
Credit to participate rather than paying Bidding Fees. In order to
participate in a Free Auction a Participant must have a Free Auction
Credit. i. "Free Auction Credit" is a credit earned by a Member that
allows them to participate in a Free Auction. Free Auction Credits are
distributed by the Company at its sole discretion as set forth in this
Users Agreement. j. "Lot" price is the maximum price that a
Participant can Bid in a Unique Auction. The "Lot" price will be set by
the Company, at its sole discretion, prior to opening the Auction and
will be posted on the Auction information page, and the Auction Bidding
pages for each Unique Auction. The Company reserves the right to change
the “Lot” price during the open auction. k. "Main Auction" is an Auction where Participants are charged Bidding Fees for each Bid placed in that Auction. l.
"Main Auction Credits" are credits distributed by the Company, at its
sole discretion as set forth in this Users Agreement, which may be used
to pay Bidding Fees required to participate in an Auction. m. The
"Maximum Number of Bids" is the greatest number of Bids that can be
submitted for each Unique Auction. The Maximum Number of Bids will be
determined by the Company prior to opening the Auction, and will be
publicized by the Company on the Auction information pages, and the
Bidding page for each Auction. Once established the Maximum Number of
Bids for an Auction may not be raised. n. "Member" is a person, 18
years of age or older, with a valid credit card or accepted method of
payment,with a valid credit card or accepted method of payment who has
completed the Membership form, agreed to the terms of this Users
Agreement and the web site, and has been accepted by the Company after
completing their member profile. o. The "Minimum Number of Bids" is
the least number of Bids that must be received in order for an Auction
to be eligible to close. The Minimum Number of Bids to close an Auction
will be determined by the Company prior to opening the Auction and is
strictly confidential. The Minimum Number of Bids to close an Auction
will always be equal to or lower than the Maximum Number of Bids for
each Unique Auction. The Company reserves the right to change the
Minimum Number of Bids to close an Auction at any time. p. "Open
Auction" or "Active Auction" is a Unique Auction for a specific product
and/or service, that has not met the maximum number of Bid to close the
Auction, in which Participants can submit Blind Bids, and has not been
cancelled as set forth in this Users Agreement q. "Participant" a Member that submits a Bid, which is accepted, in an Open Auction. r.
"Successful Bid" is the highest Accepted Bid with the highest unique
value submitted by a Participant in a specific Unique Auction. All
Duplicate Bids WILL NOT be considered as the Successful Bid. s. "Successful Participant" is the Participant that submitted the Successful Bid and paid the appropriate Bidding Fees. t.
"Successive Auction" is a new Auction that is automatically opened,
with the identical properties as the original Auction, when
Participants are in the process of Bidding in the original Auction and
the original Auction has subsequently received the Maximum Number of
Bids during this time. It is offered immediately upon the preceding
Auction closing and allows Participants in the process of Bidding on an
Auction to participate in an identical Auction for the same product
and/or service. u. "Suggested Retail Price" or "SRP" is the price
supplied to the Company by our partners and/or distributors. The SRP is
typically equal to the Manufacturers Suggested Retail Price (MSRP) for
a particular product and/or service, though the Company does not
warrant that the SRP will always be equal to the MSRP. v. "Unique Auction" or "Auction" is an Auction as set forth in this Users Agreement and has a unique code to identify it. w. "Auditor" the accounting offices shall audit the Auctions and other transactions as described herein.
4. Auction Process
a. The Company will determine for each Unique Auction, amongst other things, the following minimum details: i. The product and/or service being offered in each Unique Auction; ii. the unique code defining each Unique Auction; iii. the "Lot" price for each Unique Auction; iv. the Bidding Fees required to participate in each Unique Auction; v. the Maximum Number of Bids per Unique Auction; vi. the Minimum Number of Bids required before the Auction can close; vii.
the "SRP" of the product and/or service being offered. The company is
not responsible for any variances between the SRP and published MSRP
for a particular product and/or service offered in an Auction; viii. whether the Auction is a Successive Auction as defined in this Users Agreement; b.
Participants may place Bids and will be charged Bidding Fees for every
Bid submitted until the requirements to close an Auction have been
meet. When an Auction closes the Successful Bidder will be determined. c.
Once an Auction closes, the Successful Bidder is given the right to
purchase the product and/or service at the price defined by their
Successful Bid. The Company will pay all taxes and shipping expenses,
unless otherwise stated in the Auction's details. If a Participant
fails to pay the Successful Bid amount, as defined in this Users
Agreement, they will forfeit the right to purchase the product and/or
service. The next Successful Bidder will be given the right to purchase
the product and/or service at the price defined by their Successful Bid. d.
Participants have the right to cancel their purchase of a product
and/or service if their Bid is chosen as the Successful Bid. If a
Participant chooses to cancel their right to purchase a product and/or
service they may request, in writing, for a refund for the Bidding Fees
for their Successful Bid. Other Bidding Fees will not be refunded. The
company reserves the right to re-offer cancelled or forfeited products
and/or services in a new Unique Auction. e. The Company attempts
to set the "Lot" price for each Unique Auction to between 10% and 20%
of the SRP for that product and/or service. Though very unlikely, if it
becomes possible to purchase, through other means, the identical
product and/or service at a price that less than the "Lot" price, the
Company will not be held responsible.
5. Registering as a Member
a. Before being eligible to participate
in an Auction each user must register as a Member of the site and agree
to the terms of this Users Agreement. Members may only set up one
account. If a member has set up more than one account to
defraud/cheat. There winnings will be taken away, account disabled and
blocked from our site. Bid Fees will not be refunded b. A user must
be 18 years of age or older and have a valid credit card or alternate
method of payment prior to participating in an Auction. c. Each
individual user may register only once. If it is determined that the
same user has registered with multiple identities, the company may at
its sole discretion cancel that users Bids in all Free and Bonus
Auctions. d. Unless authorized by the Company in advance, each household is limited to 4 individual Members. e.
A user will be required to submit their home or shipping address,
e-mail address, phone number. All user information will be held in
strict confidence in conjunction with the sites privacy policy. Ahmose
LLC DOES NOT SHARE ANY USER INFORMATION with affiliates or outside
sources, other than those that are required to conduct the Auction and
process payments as defined herein this Users Agreement. f. Upon
registering with the web site a user will be required to select a
unique Username and Password. The user agrees that once issued a
Username and Password by the company, they will use their best efforts
to protect and prevent access to this site through their Username and
Password by anyone other than the user. The Password chosen by the user
must be "strong" and not be easily guessed by a third party. g.
Users agree to provide factual and accurate information during
registration and authorizes, if their Bid is selected as the Successful
Bid, certain information from their Member profile may be posted on the
web site in accordance with the Company's privacy policy. h.
Employees of the Company, their immediate family members, subsidiaries
of the Company, and affiliates with access to bidding data may not
become Members nor participate in any Auctions.
6. Participating in an Auction
a. Members may submit Bids through the Company's Internet web site (http://www.Ahmoze.com).
The Company reserves the right to define additional Bid submission
methods. The Company may also, at its sole discretion, terminate a
specific method and/or methods of submitting Bids with or without
notice. b. Any valid Member has the right to submit a Bid and/or Bids in any Open Auction. c.
Members are required to maintain accurate information in their Member
profile. If inaccurate information or invalid billing information is
submitted the Participant's Bid(s) may be cancelled d. The Company
is not responsible for the inability to place a Bid for any reason
including the inability to access the web site, and/or any other
technical difficulties of any kind. e. Participants agree to pay the required Bidding Fees for every Bid they place in an Auction. f.
These Bidding Fees will be charged to the Participant's credit card (or
other accepted payment methods as determined by the Company such as,
but not limited to PayPal, Debit Card, or ACH transfer) at the time the
Bid is submitted. g. Participants who submit credit card information represent, warrant and covenant that: i. the credit card information supplied is true, correct and complete, ii. the charges incurred will be honored by the credit card company, and iii. the Participant will pay such charges when due. h.
If a Member uses a non-real time payment method, they must first
purchase Main Auction Bid credits. These credits will be added to their
Member account when the payment clears and may then be used to
participate in an Open Auction. i. If an Auction is cancelled for any reason, as defined in this agreement, the Members account will be credited with the appropriate quantity of Main Auction Bid credits. All Bid Fees Used To Participate In Auctions Closed Early Will Be
Credited Back to Your Ahmoze.com Account and May Be Used On Any Live
Auction. Effective Nov 1, 2008
j. Bidding Fees are waived on all
Bids placed in the Free Auction areas, but the Member must have the
appropriate credits to participate in the Free Auctions. k. Every Accepted Bid will be assigned a unique Bid Number when confirmed. l.
The Member will receive a Confirmation E-mail with their Bid number,
which will be sent to the e-mail address in the Members profile. The
Member has 24 hours from the time the Confirmation E-mail is sent to
verify the validity and correctness of the Bid and dispute any
discrepancies. After the 24 hour verification period, the Bid will be
considered a valid submission of a Bid and acceptance of the conditions
set forth in this Users Agreement and the Member that submitted the Bid
will be considered a Participant in the Unique Auction in which they
submitted the Bid(s). m. There is no limit to the number of bids a
Participant can submit in an Open Auction as long as the required
Bidding Fees are paid for each Bid. n. The Maximum Number of Bids for an Auction may not be exceeded under any circumstances. o.
If the Maximum Number of Bids for an Auction is received while a Member
is in the process of Bidding and/or the Auction becomes a Closed
Auction, a Subsequent Auction may be started pursuant to §3.w. If a
Subsequent Auction is not started the excess Bids will be credited or
refunded to the Member. p. The Company retains the right to cancel a Bid pursuant to the terms in this Users Agreement. q.
Bids entered by a Participant must BE EQUAL TO, OR LESS THAN, the "Lot"
price set by the Company for that particular Unique Auction and must be
submitted in US dollars and cents. r. In any event where a
Participant or Member claims that there is an inconsistency between the
submitted Bid and the Bid as accepted by the Company, the details of
the Bid as accepted by the Company in the Confirmation E-mail will be
binding, unless properly acted on pursuant to §l. In such a case, the
Participant will not have any cause to claim that their Bid should have
been chosen as the Successful Bid for a specific Auction and the
Company will not be held responsible for any such inconsistencies. s.
Failure to notify the Company pursuant to the terms herein this Users
Agreement, of any inconsistencies regarding a Participant's Bid by
within 72 hours from the time the Auction becomes a closed auction
shall constitute acceptance of the outcome of the Auction by the
Participant.
7. Bids and Bidding Fees
a. Bidding Fees are charged for the right to place a single Bid in an Auction. b.
Participants must load their accounts with funds for Bidding Fees for
every Bid they submit in an Auction (i.e.: a Participant that submits 3
Bids for a specific Unique Auction will be billed three (3) Bidding
Fees: one for every Bid placed), which must be paid even if the
Participant's Bid(s) is not selected as the Successful Bid in the
specified Unique Auction. c. All Accepted Bids will be confirmed
with a Confirmation E-mail, receive a Bid number and will be charged
the required Bidding Fees. d. The company will determine the Bidding
Fees that must be paid by a Member in order to participate in an
Auction and the company may at its sole discretion adjust the Bidding
Fees required. e. The Bidding Fees required for every Bid will be clearly posted for each Unique Auction and will not be adjusted. f.
Bids not meeting the requirements of acceptance will not be accepted
and the Participant will not be charged a Bidding fee for that
particular Bid and that Bid will not be considered in an Auction. g.
The Company is not obligated to receive or accept any Bids from any
person(s) and/or third party who wish to place a Bid in an Auction.
8. Requirements for Closing an Auction
a. An Auction will become a Closed
Auction once the Maximum Number of Bids have been accepted or at any
time the Company elects, if the Minimum Number of Bids for an Auction
to close have been received. b. The company may, at its sole
discretion, identify an Auction in which the Minimum Number of Bids to
close has been meet and/or set a date that the Auction will close or
post the number of bids remaining in an Auction. c. Once an Auction closes the Successful Bidder will be determined via the following minimum steps: i. All Bid payments will be verified. Any unqualified or unaccepted Bids will be disqualified; ii. All Duplicate Bids will be disqualified; iii. All unique Bids will be identified; iv. The Successful Bid will be determined as the highest remaining unique Bid. d.
WITHIN FIVE (5) BUSINESS DAYS from the close of an Auction, the Company
will publicize on its web site and/or via alternate methods, as deemed
appropriate by the Company, the Successful Bid for the Auction. This
notification will include the price submitted by the Successful
Participant for that Auction, the total number of Bids accepted for the
Auction and any other details or information the Company deems
appropriate including the Participants first initial, last name,
likeness and/or state of residence. e. The Successful Participant
may submit to the Company, and release the rights for use, a picture or
digital image showing them with the product and/or service purchased in
the Auction, which the Company may publicize as described above. f.
The Successful Bidder will be notified via e-mail. If the company is
unable to contact the Successful Bidder via e-mail WITHIN FIVE (5)
BUSINESS DAYS, the Company may at its sole discretion and has the right
to notify Successful Bidders via telephone, standard mail or any other
means that it deems necessary and appropriate. g. The amount of the
Successful Bid will be billed to the Successful Bidder for the Auction
they became the Successful Participant in. h. Each Successful
Participant will provide to the Company, credit card and/or any other
accepted payment method details and/or any additional details as
demanded necessary by the Company, for the purpose of billing their
account in the amount of the Successful Bid. i. The submission of
the Participants credit card details is an agreement with the Company
to bill their account for the price of the Successful Bid for the
product and/or service offered in the Auction and to accept additional
payment verification methods such as the signature of the Successful
Participant on a credit card payment slip, delivery slip, and/or via
other methods. j. The Successful Participant, must complete the
final payment transaction within thirty (30) business days of the
Auction becoming a Closed Auction. The transaction will be considered
complete when Ahmose LLC has received full payment for the Successful
Bid amount. k. If the Successful Participant fails to submit full
payment in the amount of the Successful Bid within the designated time
period, they will forfeit the right to purchase the product and/or
service. In such a case, the Company reserves the right, but is not
obligated, to award the Successful Bid to the next highest unique Bid
for that Auction, or the company may re-offer the forfeited products
and/or services in a new Unique Auction at its sole discretion. l.
If a Participant, whose Bid was chosen as the Successful Bid in a
Unique Auction, fails to pay or honor the required Bidding Fees for ALL
Bids placed by them, the Company reserves the right to cancel their Bid
and either, award the Successful Bid to the next highest unique Bid for
that Auction, or the company may re-offer the forfeited products and/or
services in a new Unique Auction, at its sole discretion.
9. Delivery of Products and/or Services
a. The delivery and/or supply of a
product and/or service offered in an Auction is dependant on all
conditions as stated in this Users Agreement being meet. Deliver and/or
supply of the product and/or service to the Successful Participant will
NOT take place until the entire amount of the Successful Bid, as
submitted by the Successful Participant in the Unique Auction, and all
Bidding Fees are received by the Company, unless such fees are
expressly waived. b. The product and/or service, a certificate or
other means of entitlement that allows the Successful Participant to
receive the offered product and/or service will be shipped to the
address that was provided by the Successful Participant in their Member
profile at the time their payment was submitted. c. The Company will
determine the method of delivery at its sole discretion and such
delivery shall completely fulfill the Company's obligation to supply
the product and/or service to the Successful Participant. d. The
Successful Participant may not make any claim nor file any complaint
against the Company with regards to not receiving a product and/or
service offered in an Auction, because of, but not limited to, a change
of shipping address as submitted by the Successful Participant and/or
by providing an incorrect and/or inaccurate address. e. The Company
will deliver or arrange the delivery of the product and/or service, or,
at the Company's discretion, a certificate or other means entitling the
Successful Bidder to receive the product and/or service at a agreed
upon location within forty-five (45) business days, from the day that
Successful Participant meets the requirements for product delivery as
described herein this Users Agreement, unless otherwise stated by the
Company. f. The Successful Bidder authorizes the Company to extend
the delivery date for any reason that is outside of the Company's
control or responsibility and/or for any reason that relates to third
parties including suppliers and delivery agents. g. The Successful
Bidder may be obligated to produce two forms of personal
identification, one of which must include a photo, (such as a state
driver's license, passport, credit card, etc.) which correspond to the
Successful Participants personal information, as submitted in their
Member profile at the time of the placement of the Successful Bid, to
verify their identity. If the Successful Participant does not or
refuses to provide this information, the Company and its delivery
agents will not be required to release and/or supply to the Successful
Participant the product and/or service until such information is
provided. h. Shipping and/or delivery fees will be paid by the Company unless otherwise stated in the Auction or negotiated. i.
The Company will not be held responsible for nonessential differences
between the descriptions publicized by the Company in an Auction and
the actual products and/or services that are provided. In the event of
a discrepancy between the description of the product and/or service and
that, which is provided by the manufacturer and/or service provider,
the manufacturers and/or service provider's description will be
binding. For this matter, the term "nonessential differences" refers to
inconsistencies that do not change the general purpose of the product
and/or service. If the description of a specific product and/or service
differs essentially from the actual product and/or service delivered,
the Successful Participant, will have the right to; i. accept the product and/or service as is; or ii.
cancel the Successful Bid and receive a refund of all fees and payments
that were billed for that Unique Auction and this will be the sole
claim of the Participant against the Company.
10. Product and/or Service warrantees
a. The distributors and/or manufacturers
and/or importers and/or providers of the products and/or services
offered in an Auction will distribute the product and/or service
offered in the Auction to the Successful Participant as directed by the
Company. b. The Company makes no representations or warranties as to
any of the products and/or services provided in the Auction and no
claims may be made against the Company based upon the products and/or
services provided. c. All product and/or service warrantees will
be provided (if provided) by the actual distributors and/or
manufactures of the products and/or provider of services. No claims may
be made against the Company for defective products and or services.
11. Bid Cancellation and Refund Policy
a. The Successful Participant of an
Auction shall be entitled to cancel the purchase of the product and/or
service after the Auction becomes a Closed Auction, at their sole
discretion, in writing to the Company, by doing so; the Successful
Participant will forfeit the right to purchase the product and/or
service. If a Participant chooses to cancel their right to purchase a
product and/or service they may request, in writing, for a refund for
the Bidding Fees for their Successful Bid. Other Bidding Fees will not
be refunded. The company reserves the right to re-offer cancelled or
forfeited products and/or services in a new Unique Auction at its sole
discretion. b. If an Auction is cancelled for any reason, as defined
in this agreement, the Members account will be credited with the
appropriate quantity of Main Auction Bid credits. A Member my request a
refund of unused or earned credits. c. No confirmed and Accepted
Bids may be cancelled and/or refunded unless they meet the conditions
described herein this users agreement d. If a Member receives a
Confirmation E-mail and believes the Bid was placed fraudulently, they
have twenty-four (24) hours from the time the Confirmation E-mail is
sent to contest and/or cancel the Bid. e. No Bidding Fees will be
refunded once an Auction closes and the Successful Bid is announced.
Under special and uncontrollable circumstances and/or for cases of
fraud, the company may, at it's sole discretion, take into
consideration requests for Bid cancellations and refunds made after the
cancellation period has expired. Special requests for bid cancellations
MUST be submitted to the Company in writing between Monday & Friday
and clearly describe the conditions warranting such cancellation and
refund. If the company accepts a cancellation request the Participant
may receive either a refund of their Bidding Fees or equivalently
valued Main Auction Credits, which may be used in an Auction within 45
days of issuance. f. No Accepted Bids may be cancelled and/or
refunded unless they meet the conditions expressly described herein
this Users Agreement. g. A Bid that is cancelled for any reason(s)
described herein this Users Agreement will not be used to determine the
number of Bids needed to close an Auction and will not be considered in
determining the Successful Bid.
12. Auction duration and conditions for cancellation
a. Once opened, a Unique Auction will
remain an Open Auction for a defined period of either 30-60 days from
the time the Auction is opened or until the Maximum Number of Bids for
the Auction is reached or the Auction meets the other requirements to
close as stated herein this Users Agreement. b. After the Auction
period is reached, if the Minimum Number of Bids has not been accepted,
the Company may at its sole discretion cancel the Auction, or lengthen
the Auction period for additional periods of 30 days or until the
Minimum Number of Bids to close an Auction has been meet. At such time
the Company will post a closing date for the Auction that will not
exceed three (3) days in length. c. The Company is entitled to
cancel or delay an Auction, in the event of extraordinary circumstances
not within the control of the Company, which may cause delay or prevent
the proper process of the Auction, prevents the Auction from being
conducted properly. d. The Company has the right to cancel an
Auction and/or a Bid, if the Company suspects that the Bid was not
submitted in good faith and/or with intention to deceive and/or in any
case where the Company suspects ill and/or illegal use of a credit
card. In no event shall the Company be held responsible for any
purchases made with illegal use of a credit card. e. If an Auction
is cancelled, the Company will refund the Bidding Fees to the
Participants within 45 days from the date the Auction was cancelled or
credit the Participant with Main Auction Bidding credits, and this will
be the Participants only claim against the Company. f. The above shall not prejudice any right and/or claim the Company may have towards a third party.
13. Notices
a. All notices to the Company must be
sent in writing and by registered/certified mail return receipt
requested only to Ahmose LLC. 6368 Coventry Way, Clinton, Maryland
20735 or support@ahmoze.com.
This in no way obligates the Company to discuss any claim or respond to
any claims. If no claim regarding a Bid, Auction, or its outcome is
received by the Company, in writing, within 72 hours of the Auction
closing, total acceptance of the results is assumed. b. Users may receive a copy of the Users Agreement on the Internet web site: http://www.Ahmoze.com.
14. Disclaimers
a. IN NO EVENT, OR AS PERMITTED BY
APPLICABLE LAW, SHALL Ahmose, LLC BE LIABLE TO ANY PARTY FOR ANY
DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE,
OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
BUSINESS OR INVESTMENT PROFITS, LOSS OF BUSINESS OR PERSONAL ASSETS,
LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION, OR ANY AND ALL OTHER
LOSS WHICH RESULTS FROM YOUR USE OF THIS WEB SITE, OR ANY INFORMATION
OR INTERNET LINKS OBTAINED, ACCESSED, DOWNLOADED, COPIED, OR
CALCULATED, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE
AVAILABILITY, USE, RELIANCE ON, DELAY IN, OR INABILITY TO USE THIS WEB
SITE OR ANY INFORMATION OR INTERNET LINKS ACCESSED, OBTAINED,
DOWNLOADED, COPIED, OR CALCULATED AND WHETHER ATTRIBUTABLE TO ERRORS,
OMISSIONS, DAMAGES, INFECTED, NEGLIGENT OR INTENTIONAL INACCURACIES OF
ANY INFORMATION OR INTERNET LINKS, WHETHER OR NOT THE PARTIES
MAINTAINING THIS WEB SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE, AND WHETHER SUCH RELATED CLAIM(S) ARE BASED IN CONTRACT, TORT,
CIVIL, OR OTHERWISE. THE PARTIES MAINTAINING THIS WEB SITE SHALL NOT BE
LIABLE OR RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES YOUR
OR ANYONE ELSE'S COMPUTER SYSTEM, PROGRAMS, OR DATA. b. Ahmose, LLC
EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILTY OR FITNESS FOR A
PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY DATA CONTAINED
ON THIS WEB SITE AND/OR ANY PRODUCT DESCRIBED OR PROMOTED ON THIS WEB
SITE, INCLUDING WARRANTIES WITH RESPECT TO INFRINGEMENT OF ANY PATENT,
COPYRIGHT, OR OTHER RIGHTS OF THIRD PARTIES.
15. General
a. Details of Bids submitted by
Participants are kept in strict confidentiality until the closing of
the Auction. Only the Auditors and supervisors will be entitled to
observe the different Bids while an Auction is an Open Auction. b. All Auctions are under the supervision of an Auction supervisor. c.
If there are any additional or extraordinary taxes and/or payments
according to law applying to an item offered in an Auction not
expressly defined in this Users Agreement as being paid by the Company,
they will be paid by the Participant. d. The headings of this
Agreement are for convenience only and should not be used for the
purposes of interpretation of the agreement. e. This Agreement shall
be governed by and in accordance with the laws of the State of
Maryland. In the event that a dispute arises as to enforcement,
interpretation or implementation of this Agreement, the parties herein
consent to personal jurisdiction in the State of Maryland and venue in
the United States District Court. f. The Company will not be held
responsible for the use of Bid details and/or other information given
by Participants when submitting Bids, including through the Internet
web site of the Company, by parties that are not the Company and/or its
employees, including hackers and/or parties that may penetrate the
files of the Company's web site. g. Members are encouraged to seek
information from the manufacturer and/or service provider for the
detailed specifications of the products and/or services offered through
the Auctions. h. No provision of this Agreement may be waived, except by a written waiver signed by both parties. i.
In the event that one or more of the provisions or portions of the
provisions of the herein Agreement is declared, invalid, void, illegal
or unenforceable, in any respect, the validity, legality and
enforceability of the remaining provisions or portions of the
provisions contained herein shall remain effective and binding, and
shall not be affected or impaired thereby. j. This Agreement shall
be binding upon all parties hereto, as well as their agents, servants,
successors, assignees, licensees and transferees.
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