#1 Online Auction Experience

The following Terms & Conditions shall apply to the relationship between BidChap Inc. all subsidiaries of BidChap Inc. and https://www.bidchap.com ("BidChap"), and the end user ("You" or "Your"). By using BidChap' services, You accept these Terms & Conditions, as well as the manner in which BidChap operates. These Terms & Conditions constitute the entire agreement between BidChap and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and BidChap with respect of Your use of BidChap.

1. CHANGES TO TERMS & CONDITIONS

BidChap may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, you agree that BidChap may provide You notice of such changes in any of the following ways: via an email from BidChap, or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using BidChap' services. By continuing to access, use, or download in any way any service from BidChap following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.

2. ELIGIBILITY

By accepting the Terms & Conditions and/or registering with BidChap, You confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a "Jurisdiction") of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using BidChap, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

BidChap reserves the right to limit in its sole discretion the number of user accounts per natural person and the number of won auctions per user account. A single credit card may not be used in conjunction with multiple user accounts. BidChap limits the number of user accounts per natural person to one (exceptions may apply – contact customer support with any questions at contact@bidchap.com). BidChap reserves the right to, from time to time and in its sole discretion, impose different win limits for specific products.

You may not participate in collusion with other users. BidChap reserves the right to permanently close the accounts of users suspected of collusion. If Your account has been closed due to suspicion of collusion, You will no longer be entitled to refunds for Your purchases on BidChap.

3. REGISTERING

If BidChap receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in BidChaps' sole discretion, Your user account may be frozen until You change the username or your username may be changed to something generic at BidChaps’ sole discretion. BidChap also may permanently close Your account without prior notice to You for violating these Terms & Conditions.

You are responsible for keeping Your user account password confidential. BidChap will never ask for Your password except during login. You should never provide Your password to anyone, including BidChap' employees. User accounts are non transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.

4. ACCOUNT TERMINATION

BidChap reserves the right to temporarily or permanently terminate Your account at BidChap sole discretion if it determines or suspects 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 or other fraudulent account activity or behavior. You agree that if BidChap, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, BidChap may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for bids.

5. AUCTION ELIGIBILITY

Each Auction House that conducts any Auction has separate eligibility requirements that must be met for you to participate in that auction. You may be required to apply for and obtain approval from an Auction House or BidChap to participate in a specific Auction. Approval to participate in one Auction does not guarantee approval to participate in any other Auction, conducted either by that Auction House, or another Auction House. Each Auction House has sole and absolute discretion to refuse to approve your eligibility for any auction.

6. AUCTION HOUSE REQUIREMENTS

The Auction House will list available items on which you may bid. Auction dates and times, as well as the number, character, and order and schedule of the items to be auctioned, are set by the Auction House and are subject to change without notice. Individual lots and items may be modified or changed at any time. Some lots and items that are made available on the auction floor will not be included in the online live auction services. We do not control the information that is provided by the Auction House, which is made available through our system. We also do not guarantee that the Auction House maintains proper auctioneers' licenses or complies with all applicable laws, rules, and regulations. The terms and conditions for participation in each auction, including how bids are accepted, rules governing absentee bids, bid increments, bid retraction and cancellation, the conditions the buyer must meet to purchase an item, as well as the specific conditions of sale (such as warranties, shipping costs, insurance, and the like) may change for each auction at the sole discretion of the Auction House. The Auction House is required to post its terms and conditions and to maintain such terms throughout the auction period. You agree to be bound by those bidding terms and conditions of sale by agreeing to the Terms. The Terms, in addition to those Auction House terms and conditions, governs your bidding activity, as well as your participation in each auction. The Auction House acts as an auctioneer and makes the sole, final determination concerning bidding on the item, the sale of the item, and the resolution of any disputes. All matters relating to a refund or return of won items are also determined by the outlined terms and conditions of the Auction House.

7. BIDCHAP IS ONLY A VENUE

BidChap is not an Auction House and is not conducting Live Auctions. BidChap Service allows you to participate in Live Auctions conducted by the Auction House. BidChap is solely a passive conduit to facilitate communication between you and the Auction House. BidChap reserves the right in our sole and absolute discretion to change some or all of our services at any time. You acknowledge and agree that BidChap has no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, or the ability of the Auction House to sell and the ability of buyers to buy items. We also do not ensure or guarantee that a buyer or seller will complete a transaction. Because BidChap does not control the Live Auctions or the Auction Houses, if you have a dispute with an Auction House, you hereby expressly release BidChap (and our shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns) from causes of action, suits, claims, demands, judgments, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code § 1542, as amended from time to time, and any similar statutes, to the extent that such statute(s) prohibits a general release from extending to claims that a creditor does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by the creditor, would materially affect his/her settlement with the debtor. The Site may include links to third party sites or services, or information about third party products or services, which are typically subject to service terms and policies that differ from ours. Therefore, you should review the terms of use and privacy policies of all sites and services linked to or referred to by our Service. We do not endorse or take responsibility for these third party offerings, nor do we vet or take responsibility for third party sites, services or products or for the postings or communications of other users.

8. FEES & PAYMENTS

Auction House Fees. When you purchase an item from an Auction House during a Live Auction, you agree that, in addition to being bound by the terms of this Agreement, you will be bound by the Auction House’s terms and conditions of sale, a copy of which will be provided in the Auction House’s listing information for an item. You further agree to pay all fees to the Auction House according to the Auction House’s terms and conditions of sale. Each Auction House may charge a buyer's premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are subject to change depending upon the Auction House and the particular item for sale and are set by the Auction House.

BidChap provides you the ability to pay Auction Houses through a third party payment processor. By using a third party service, you may also be subject to an agreement with the third party. You hereby authorize BidChap to, without further notice to you, charge any credit or debit card that you maintain on file with BidChap in connection with any fees you owe, or to otherwise automatically debit any account which you maintain on file with BidChap. If you utilize a credit or debit card to make payment for any fees you owe, BidChap or its agent may request preauthorization for a card transaction for validation purposes and/or to ensure there are sufficient funds available in your account. You acknowledge and agree that all payments shall be subject to BidChap Payment Terms and Conditions. By using a third party service, you may also be subject to an agreement with the third party.

9. COMPLIANCE WITH LAWS

You acknowledge and agree that the use, purchase, distribution, promotion, advertising, and sale of certain products are subject to federal state, and local regulations, including, but not limited to, firearms, Indian artifacts, recalled products, children's products, alcoholic beverages, coins, and currency. You further acknowledge and agree that BidChap' role concerning the sale of products is limited to providing a conduit through which a prospective purchaser can participate in an auction. BidChap does not review or evaluate the products auctioned, or verify the descriptions given or claims made, by Auction Houses regarding the products. You expressly represent that you shall comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations relating to your use, purchase, and distribution of any products that you bid upon or purchase through BidChap (hereinafter, the "Regulations"), including, but not limited to, (i) the Gun Control Act of 1968 and all regulations promulgated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (collectively, the "Firearms Regulations"), (ii) the Consumer Products Safety Improvement Act of 2008 and all regulations promulgated by the U.S. Consumer Products Safety Commission, and (iii) the Indian Arts & Crafts Act of 1990 and any additional laws and regulations applicable to the sale of Indian arts and crafts. You shall at all times defend, indemnify and hold harmless BidChap, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, from, and against, all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney's fees) of any nature or kind, arising under or resulting from: (i) your use, purchase, or distribution of any products in violation of any Regulations; (ii) your use of BidChap in connection with the purchase of any products subject to any Regulations; and (iii) your alleged or actual violation or breach of any Regulations.

10. ODDS OF WINNING AUCTIONS

Every auction is unique and the results of all auctions offered on BidChap depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.

11. ACCEPTANCE OF THE WIN / PAYMENT

After an online payment auction has ended, your payment card on file will automatically be processed for the total of your invoice, which will include but not be limited to your winning bid amount, bidders fee as well as any tax. For offline auctions, You are required to reach out to the Auction House to establish payment ahead of time or at the time you pick up your items. Both of these cases are subject to the Auction House and their terms and conditions for each auction. The item will not be sent to You until the total price has been paid to Auction House. An invoice containing the auction price, bidders fees and sales tax will be sent to You by BidChap once payment has been arranged.

12. REVIEWS AND COMMENTS

You may post reviews and/or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content You post. BidChap reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. BidChap also reserves the right to prohibit You from posting additional comments.

If You do post content, and unless we indicate otherwise, You grant BidChap a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BidChap and its affiliates the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify BidChap for all claims resulting from content You supply. BidChap has the right but not the obligation to monitor and edit or remove any activity or content. BidChap takes no responsibility and assumes no liability for any content posted by a user.

13. RETURNS / CANCELLATIONS

Any returns or cancellations of winning bids are at the discretion of the Auction House which is holding the auction. BidChap is in no way responsible for any returns or cancellations of items or bids from any auction run through Auction Houses utilizing our service.

14. DISCLAIMER OF WARRANTY AND LIABILITY REGARDING USE OF BIDCHAP

You agree that use of BidChap is at Your sole risk. Neither BidChap nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by BidChap, or the like, warrant that websites affiliated with BidChap, including, but not limited to, BidChap, 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 BidChap may contain inaccuracies or typographical errors. BidChap makes no warranty as to the results that may be obtained from the use of BidChap or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through BidChap. BidChap shall not be responsible for any opinions, views, advice, or statements posted on BidChap (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized BidChap spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized BidChap 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.

15. AUCTION SERVICE PAYMENTS

After an online payment auction has ended, your payment card on file will automatically be processed for the total of your invoice, which will include but not be limited to your winning bid amount, bidders fee as well as any tax. For offline auctions, You are required to reach out to the Auction House to establish payment ahead of time or at the time you pick up your items. Both of these cases are subject to the Auction House and their terms and conditions for each auction. The item will not be sent to You until the total price has been paid to Auction House. An invoice containing the auction price, bidders fees and sales tax will be sent to You by BidChap once payment has been arranged.

For Auction Houses, your payments will be processed when your auction completes and all invoices are sent out to your winning bidders. The payment will be processed against your payment card on record with BidChap through our online payment processor. Any refunds of auction service fees are at the sole discretion of BidChap.

YOUR USE OF BIDCHAP IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY BIDCHAP ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIDCHAP DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BIDCHAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BIDCHAP, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF BIDCHAP, 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 THE WEBSITE. WITHOUT LIMITING THE FOREGOING, BIDCHAP 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 YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR 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 THESE TERMS & CONDITIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIDCHAP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE 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 BIDCHAP OR THAT RESULTS 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 BIDCHAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH BIDCHAP.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON BIDCHAP SERVICES OR ITEMS PURCHASED THROUGH BIDCHAP, FROM INABILITY TO USE BIDCHAP' SERVICES OR ITEMS PURCHASED THROUGH BIDCHAP, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF BIDCHAP' 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