WEB SITE TERMS OF USE
U Turn Bids, LLC. doing business as Uturnbids.com (Hereinafter: “the Company”) is a for profit Louisiana corporation, which hosts, manages and implements auctions, through the internet. The specialized auctions are structured so that the lowest unique bid wins the right to purchase the auctioned item(s) for the amount of the winning bid. The Company offer users the opportunity to place bids for various products and/or services, accepts bids, makes determination of the successful bid according to the criteria set by the Company as described in the herein User Agreement and schedules delivery of the product and/or service to the participant that submitted the successful bid, all in accordance with this User Agreement (Hereinafter: “the auction”).
The participants in the auction will submit bids in United States Dollars and cents and will pay handling and registration fees (Hereinafter: “Bid Credits”) for each bid that is submitted by them. After the closing of the auction the successful bid will be chosen that is the lowest unique bid, meaning the lowest bid that is not identical to any other bid submitted to that auction. Each auction is for only one product and/or service each time, unless specified in the auction details. All auctions will be conducted based on Louisiana internet auction laws.
2. Definitions: These terms will be defined as follows: A. “Required Number of bids to close an auction” The number of bids that will determine that an auction is closed. The Required Number of bids to close an auction will be determined at the sole discretion of the Company, prior to the opening of an auction. The Company maintains the right to change the Required Number of bids to close an auction at any time, even during the time that the auction is open. The Required Number of bids to close an auction is strictly confidential, and is only known to the company. B. “Open Auction” An auction for a specific product and/or service that one can submit bids to. C. “Auction Opening Time” The earliest time to submit a bid for any auction. D. “Auction Closing Time” The time at which an auction becomes a closed auction. E. “Closed Auction” An auction for a product and/or service that has received the required number of bids to close the auction. F. “Member”A person, 18 years of age or older, with a valid credit card, or a business entity qualified to do business within a particular jurisdiction, with a valid credit card who has completed the membership section and been accepted by the Company. G. “Participant” A member that submits a bid to an auction for a product and/or service, that has not been cancelled in accordance to cancelation policies contained in this agreement. H. “Lowest Unique Bid” The lowest bid amount entered for an auction which only one participant has entered. It is this amount that will be determined to be the winning bid. I. “Bid” An offer for the purchase of a product and/or service that has been put forth by a participant in accordance with what is stated this agreement. J. “Bid that is not unique” or “Duplicate bids” A bid submitted by a participant to a specific auction where other participants have submitted identical bids during the time that auction is open. (for example: a bid in the amount of $50.23 has been submitted to a particular open auction. Another identical bid is subsequently submitted in the amount of $50.23 for the same open auction). Duplicate Bids will not be used to select the successful bid after the auction closing time, but will be used to calculate the required number of bids to close an auction as defined in this Agreement. Should no lowest unique bid be present after the required number of bids has been received, the lowest bid amount with the LEAST amount of duplicated bids will determine the winner of that auction. The FIRST participant, as registered by time stamp of their bid placement, who placed the duplicate bid with the lowest bid amount duplicated the least amount of times, will be determined to be the successful bid. K. “Successful bid” (Winning Bid) A bid submitted by a participant to a specific auction whose value is lower than all other bids submitted to that same auction provided that it is not a Duplicate Bid, except in cases of no lowest unique bid, and is subject to clearance of Administration and/or Registration fees (bid credit) as stated in this agreement. L. "Registration Fee" (Bid credit) A fee charged to the credit card /debit card of each participant at the time of bid placement. This fee is charged to participants, for each bid credit used by them whether their bid was successful or not. There are no credits needed or fees charged on bids placed in the free auction area of the web site. M. "Featured Auctions" In these auctions, all participants are charged a Registration Fee (bid credit) for each bid submitted. All products in the Featured Auctions are brand new and include original manufacturers warranties. The bid credits required are stated in each auction product box. N. "Free Auctions" Auctions where there are no bid credits required to place bids on auction item(s). Note, participants must still complete the membership information in order to place bids on Free auctions, as well as Featured auctions.
3. General: The Company will determine for each auction, amongst others, the following details: A. The product and/or service to be offered at each auction; B. The Administration and/or Registration fees (bid credits required) for submission of a bid to a specific auction. The company retains the right to change Administration and/or Registration fees (bid credits) from time to time, according to the company's discretion, so long as the registration fee (bid credit) for a particular auction does not change while the auction is an open auction; C. Required Number of bids to close an auction. This information will remain confidential but the Company intends to provide information such as percent complete, where lowest unique bid amounts may be near, etc. to help participants better determine their bid amount(s) and approximately when the auction may end; D. The Suggested Retail Price (hereinafter “SRP”) of a product and/or service, has been sent to the company by third parties, and the Company will not be held responsible in the event that the Company publicizes a SRP for a particular product and/or service that is not the same as the SRP published in the industry price guide for that particular product and/or service. Likewise, the company is not responsible for any changes to the SRP for a particular product and/or service; E. In addition, it should be made clear that the Company makes its estimates based upon information in its possession that is readily available to it. Accordingly, the Company will not be held responsible if it becomes known that it is possible to purchase through means other than the uturnbids.com auction run by the Company, the same product and/or service at a price that is equal to or greater than the SRP for that product and/or service. The participant shall not have the right to cancel the purchase of a product and/or service if that participant’s bid is chosen as the successful bid.
4. The number of auctions for the same product and/or service: A. The Company reserves the right to set the number of and frequency of auctions for a particular product and/or service; B. Each auction is an individual auction and the successful bid from one auction may differ from that of the previous or any other auction for the same product and/or service. The Company will not be responsible for what each participant receives auctioned product and/or service for from one open auction to the next.
5. Submitting bids to an auction: A. Once an auction has become an open auction, it will be the right of any member to submit a bid and/or bids to the open auction unless stated otherwise in this agreement; B. Submission of a bid will occur through the internet web site (http://www.uturnbids.com/) The Company retains the right to define additional methods to submit bids such as through alternate web sites, email, or telephone, and the like and can also decide to terminate a specific method and/or methods of submitting bids at its discretion; ?C. The Company is not responsible for the inability to place a bid for any reason including inability to access the web site, and/or any technical difficulties of any kind including without limitation, those technical difficulties that are due to acts of God, war, problems with the internet, etc.; D. Notwithstanding the above, the Company reserves the right, but is not obligated, to accept a bid if the participant fails to provide accurate information. The Company will not be held responsible, under any circumstances, for the submission and use of credit/debit card details by a person who is not the owner of that credit/debit card. Therefore, the Company will not be liable for the use of those credit/debit card details; E. The Company will not be responsible for use of details of bids and/or other information given by participants when submitting bids, including through the internet web site of the Company in the event that the Company authorizes this action, by parties that are not the Company and/or its employees, including hackers and/or parties that penetrate the files of the Company's web site; F. Participants who submit credit/debit card information represent, warrant and covenant that (i) the credit/debit card information supplied is true, correct and complete, (ii) the charges incurred will be honored by the credit/debit card company, and (iii) such viewer will pay such charges when due, including any applicable fees; G. Every bid will be assigned a time stamp that will be given to the participant after successfully entering bid(s) (Hereinafter: “bid ID number”). Receipt of the bid ID number, defines the bid as submitted and the one that has submitted the bid will be considered a participant; H. The general specifications of the products and/or services available to be auctioned in full or in part can be obtained via the Company's web site (www.uturnbids.com). However, members are encouraged to seek information from the manufacturer and/or service provider for the specifications of the products and/or services. In the event of a contradiction between the description of the product and/or service that is stated on the web site and/or the advertisement, and that provided by the manufacturer and/or service provider, the one that is provided by the manufacturer and/or service provider will be binding. The general descriptions of products are given to the Company by third parties and the Company will not be held responsible for nonessential differences between the descriptions publicized by the Company and the actual product and/or service that is provided. For this matter the term “nonessential differences” refers to inconsistencies that do not change the general purpose of the product and/or service; I. If the description of a specific product and/or service differs essentially from the actual product and/or service, the participant who submitted the successful bid, will have the right to choose between (1) accepting the product and/or service as is; and (2) cancelation of the successful bid and receiving in return the funds that were billed from that participant, including Administration and/or Registration fees (bid credits) and this will be the sole claim of the individual against the Company; J. Information provided by members to the Company, and receipt of a bid ID number after providing the said information, will be seen as the submission of a bid and acceptance of the conditions of the auction as publicized by the Company and stated in this agreement and the member that submitted the bid will be considered a participant. The Company retains the right to cancel a bid. K. In any event where the 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 will be binding. 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. Notwithstanding the aforementioned, failure to notify the Company of any inconsistencies regarding the details of a bid by a participant within 72 hours of the time the auction closed shall act as acceptance of the outcome of the auction.
6. Participation in an auction Administration and/or Registration fees (bid credits) ?A. The participant will submit a separate bid for each product and/or service. Each bid will receive a unique identification number. B. Each participant can submit an unlimited number of bids for each product and/or service as long as the number of bids does not exceed the required number of bids allowed for that product and/or service as determined by the Company. C. Each individual bid will be charged a bid credit. D. Bid credits will be charged to each participant for the right to place a bid in an auction and will be deducted from available bid credits purchased, even when the participant's bid is not selected as the successful bid in that specific auction and even in the event that the bid is disqualified during the time that the auction is still open, for not being the lowest unique bid. E. The Company will determine the Administration and/or Registration fee (bid credit) required for each auction for a specific product and/or service. The Bid credits required for each product and/or service will be clearly noted on the product and/or service information page and the product and/or service bid page. The Company reserves the right to set different bid credits for different products and/or services at the Company's sole discretion. F. The Company will collect the Administration and/or Registration fee (bid credit) from a participant prior to bid amouont(s) being accepted by the Company. Note: Your bid(s) will NOT be valid until you have received confirmation back from the Company your bids were successfully received and a bid ID number has been provided. (Please see the website FAQ for more explanation on bid credit charges). G. Each bid submitted by a participant must be specified in US dollars and cents. I. Successful bidders (auction winners) will be notified via email. The Company has the discretion and right to notify successful bidders via the telephone, mail or any other means that Company deems necessary. The Company will publicize the successful bid for each auction, on the website WITHIN THREE (3) BUSINESS DAYS from the time the auction is closed or via other methods. The Company will publicize the price submitted by the participant whose bid was chosen as the successful bid for a specific auction. Furthermore, the Company may publicize the name, likeness, and family name of the participant whose bid was chosen as the successful bid, the price that was submitted in the successful bid and the product and /or service related to that successful bid. The Company has the right to add to the breakdown as described, details about the price that was submitted by the participant whose bid was chosen as the successful bid in the auction, and/or auctions to which the participant submitted a bid and/or bids and also any additional details or information, providing it does not violate Louisiana State Privacy Laws. J. The purchase of the product and/or service by the participant whose bid was chosen as the successful bid in a particular auction and its delivery, is dependant on the ACTUAL PAYMENT of the price of the successful bid as submitted by the participant within SEVEN (7) DAYS. K. In the event that the participant whose bid was selected as the successful bid does not pay the actual bid amount for the successful bid within seven (7) days after the auction is closed, and/or in the event that the participant canceled the successful bid, and/or if the successful bid is canceled by the Company in accordance with this agreement, the next lowest unique bid from amongst the bids submitted to the same auction will become the successful bid. L. Notwithstanding the above, if the participant does not pay the price that was submitted by them for a specific service and/or product within the allotted time as stated above, the Company will not refund or credit back bid credit fees that are a direct result of participant submitting bids and being charged credits in said auction. M. A minimum fee of $1.49 will be required, regardless if the amount of the winning bid is less to offset fees charged by credit card processor(s).
7. Supply of products and/or services to the participant that submitted the successful bid. A. Supply of the product and/or service to the participant whose bid was chosen as the successful bid (Hereinafter: “the successful participant”) will only take place, in all cases, after payment to the Company of the full amount offered by the successful participant in the successful bid.. The amount of the successful bid will be paid at the close of the auction (within 7 days) by credit/debit card or by any other means of payment as agreed upon between U TURN BIDS, LLC and the auction winner. Each successful participant will provide to the Company, at the time of notification of the selection of their bid as the successful bid, the credit card details and/or any additional details as requested by the Company, for the purpose of billing the successful participant the amount that was submitted as the successful bid. The submission of the credit card details by the successful participant is an agreement to bill the account of the successful participant for the price of the product and/or service according to the price that was stated in the successful bid. The Company may also request different payment verification methods such as the signature of the successful participant on a credit card payment slip, delivery slip, and/or via other methods as well as to determine different forms of payment and/or additional methods of payment. B. Products and/or services to the successful participant will be shipped, or the successful participant shall be sent an eligibility certificate for receipt of the product and/or service at the discretion of the Company, to the address that was provided by the successful participant when submitting his bid. The delivery of products and/or services to the successful participant via mail, messenger and/or other delivery methods shall completely fulfill the Company's obligation to supply the product and/or service the successful participant. C. Notwithstanding the above, the successful participant may not make any claim against the Company, nor file any complaint with regards to not receiving the product and/or service to his address, because of, change of address of residence and/or providing an incorrect and/or inaccurate address. D. The Company will supply the product and/or service, or, at the Company’s discretion, an eligibility certificate for receipt of the product and/or service within forty-five (45) business days, from the day that the auction closed (hereinafter: “delivery date”) unless it is otherwise stated by the Company. Such delivery date is dependant upon receipt of payment in full, of the price for the product and/or service as submitted by the successful participant in accordance with this agreement. For this purpose the expression “business days” means five (5) weekdays per week, not including holidays and/or vacation days as defined according to applicable Federal and State laws. Company will be authorized to extend the delivery date for any reason which is outside of the Company’s control or responsibility including, but not limited to, acts of God, war, terrorist activity, recall of the specific product and/or service, and also any reason that relates to third parties including suppliers of different products and/or services as well as reasons relating to the area in which the successful participant lives in being declared a disaster area, areas that are not accessible through traditional mail routes, changes in the Homeland Security Alert level, or other governmental action. (Hereinafter: “reasons for delay”). In any such case the date of delivery may be postponed until the resolution of the reasons for delay and the successful participant shall not have any claim against the Company and/or any related third party associated herewith. In addition, the supply of a product is dependant on all conditions stated in this agreement including without limitation payment of the price submitted by the participant in the successful bid. E. The auction participant with the winning bid, must complete the transaction within seven (7) days from the time that he/she received notice of having the winning bid. The transaction will be considered complete when full payment of the winning bid amount has been received by U TURN BIDS, LLC. If the auction winner fails to submit payment in the amount of his/her winning bid within the designated time period, he/she will forfeit the right to purchase the item. In this case, The Company award the winning bid to the next lowest unique bid. Should no lowest unique bid be available, the lowest bid with the least amout of bids will be the bid used to determine the successful bid. The participant with the FIRST recorded bid at the successful bid price will be the successful participant. This process will repeat itself until a successful participant is determined. Said successful participant must fufill all terms described within this agreement in order to receive product and/or service the bid on in respective auction. F. The Company will be authorized, but not obligated to demand that the supply of the product and/or service, whether the product and/or service is delivered to the address of the successful participant or the delivery of the product and/or service is done by way of presenting an eligibility certificate, will be dependant on presentation of two forms of personal photo identification (such as a state driver’s license, credit card, ATM card, etc.) on which appear the details of the successful participant as they appear on membership information provided to Company. In addition to the presentation of two forms of personal photo identification, the Company will be authorized, but not obligated, to demand the presentation of additional details and/or identification documents (for example: a credit card whose number was given by the successful participant as part of the details that were given upon submission of his bid) at the discretion of the Company. If the successful participant fails to present to the Company and/or the individual that is coordinating the required details, the Company will not be required to hand over and/or supply to the successful participant the product and/or service related to the successful bid until full presentation of all details is made available. G. In the case of an unusual delivery, as determined by the Company, the fees for delivery and/or shipping will be borne in all circumstances by the successful participant. For this matter “unusual delivery” will be defined as a delivery requiring special equipment in order to supply the product and/or service as well as delivery to areas that are declared a disaster area, affected by changes in the Homeland Security Alert level, or other governmental action) or areas that are not accessible through traditional mail routes. In the event a shipping and/or delivery fee will be set by the Company, the shipping and/or delivery fee will be paid by the successful participant directly to the transporter and/or the Company in accordance with the information provided beforehand. The price offered by the participant when submitting a bid does not include any shipping and/or delivery fees that may be incurred by the successful participant as a result of declaration of delivery being deemed “an unusual delivery”. The Company will determine the method of delivery at its discretion. Payment of delivery and/or shipping fees, in the event that they will be borne by the successful participant, is a condition precedent to the transfer of the product and/or service unless the Company expressly waives such condition.
8. Supply and/or registration of cars, motorcycles, airplanes, boats or other vehicles to the successful participant. Notwithstanding anything in this agreement, and/or any other place, regarding the supply of car(s), motorcycle(s), airplane(s), boat(s) or other vehicles (hereinafter “Vehicle”) and their registration in the name of the successful participant, the following will apply:?i. Every successful participant in an auction for the purchase of a Vehicle, will be obligated as a condition precedent to his purchase of the Vehicle and registration of it in his name, to arrive according to the instructions of the Company to the offices of the importer and/or Vehicle dealer (hereinafter: “Vehicle dealer”) and to sign on all of the required documents for the purpose of ordering the Vehicle and registering the Vehicle in his name in accordance with the instructions of the Company and/or Vehicle dealer. ii. The Vehicle provided to the successful participant will be of a color from among the colors available from the Vehicle dealer's inventory at the time of signing the purchase order or at the time of delivery of the Vehicle at the discretion of the Company and/or Vehicle dealer. iii. The Company will bear the cost of the Louisiana sales tax in accordance with the rates, as they will be determined from time to time, unless otherwise stated by the Company. If additional fees, taxes and/or payments (Hereinafter: “additional fees”) including without limitation, intangibles tax, are incurred for the purchase of the Vehicle, it will be the liability of the successful participant to pay them unless it is otherwise stated by the Company. In addition, in the event that the successful participant chooses to make changes or additions to the Vehicle (Hereinafter: “the additions”) the Company will not be under any obligation and/or responsibility for these changes and/or additions, and the issue will be transferred to the car dealer. In such an event, the successful participant will pay the fees for any changes and/or additions directly to the vehicle dealer.?iv. The successful participant will be present at the location for the delivery of the vehicle according to the instructions of the vehicle dealer at the time that they are informed by the Company and/or the vehicle dealer that the vehicle is ready for delivery (hereinafter: “vehicle delivery date”) and the successful participant will then be requested to present all the relevant documents and/or approvals required for the transfer of the vehicle and/or registration, including proof of insurance and any additional certifications as required by the vehicle dealer and applicable laws.?v. The successful participant is not entitled under any circumstances to return the vehicle to the Company after it has been handed over to the winning recipient notwithstanding anything in this agreement.?The successful particiant will deal directly with the vehicle dealer from the delivery date forward. vi. Registration of the vehicle in the name of the successful participant will be dependant upon applicable laws and the Company will not bear any responsibility with regard to this.
9. Guarantee of Products and/or Services ?A. The Company is not the distributor or manufacturer of the products and/or services. The products and/or services provided in U TURN BIDS, LLC auctions will be distributed to the successful participants by the distributors and/or manufacturers and/or importers and/or providers of the products and/or services according to this agreement. The products advertised in this auction will be guaranteed according to the guarantees provided (if provided) by the distributors and/or manufactures of the products and/or provider of service. B. The Company makes no representations or warranties as to any of the products and/or services provided in the U TURN BIDS, LLC auctions and no claims may be maintained against the Company based upon the products and/or services provided in the U TURN BIDS, LLC auctions. In the event of a contradiction and/or incompatibility between the terms and conditions of the guarantee of a particular product made by the distributors and/or manufacturers of the product and the conditions of guarantee as advertised by the Company, the conditions of guarantee as provided by the distributors and/or manufacturer of the product will be binding. In the event of a contradiction and/or incompatibility between the terms and conditions of the guarantee of a particular service made by the provider of that service and the conditions of guarantee as advertised by the Company, the conditions of guarantee as provided by the provider of the service will be binding.
10. Cancelation of Products/Services Purchased. A . A participant whose bid was determined to be the successful bid will not be entitled to cancel the purchase of the product and/or service (in this paragraph hereinafter: “the transaction”) except where a notification of the participant’s intention to cancel their bid was received (via first class return receipt mail) by the Company, prior to the closing of the auction. B. A bid chosen as a successful bid in an auction for purchasing real estate property and/or a land transaction shall be governed by a separate land sales agreement. The product/service information page contains the land sales agreement for each real estate property auctioned. C. All cancelations of transactions will be subject to instruction and/or restrictions of third parties as required by law. In all cases of cancelation of a transaction for the purchase of products and/or services, handling fees and/or Registration fees (bid credits) will not be refunded. Special requests for bid cancelations as per the above, MUST be received and verified by the Company within 24 hours before open auction is closed
11. The period of the auction and cancelation of the auction by the Company. A. The auction will be an open auction for a period of not more than 90 days from the time of the auction opening (hereinafter: period of auction) or until the number of bids submitted is enough to close the auction, whichever comes first. Motor Vehicles, boats, motorcycles or high retail value items will be open auction for a period of not more than180 days from the time of the auction opening (hereinafter: period of auction) or until the number of bids submitted is enough to close the auction, whichever comes first. B. After the auction period, the Company is entitled to cancel the auction in the event that insufficient bids were received to close the auction, or to lengthen the auction period for continuous periods of additional 30 days at the discretion of the Company. C. Without prejudice to this agreement, the Company is entitled to cancel or delay an auction, in the event that extraordinary forces prevents the auction from being conducted properly, in the event of a fault in the communication system supporting the auction, in the event of an irregular state of security such as a acts of God, war or terrorist activity, and/or any event that is not within the control of the Company, which may cause delay or prevent the proper process of the auction. D. In addition to and without prejudice to the above, the Company has the right to cancel an auction and/or a bid belonging to a particular participant in the auction, 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 use and/or illegal use of a credit card. In no event shall the Company be responsible for any purchases made with illegal use of a credit card. The Company is also not obliged to receive or accept any bids from any person and/or third party who wish to place a bid for the auction. That above shall not prejudice any right and/or claim the Company may have towards a third party. E. Cancellation of a bid in the circumstances described above will be done in coordination with the supervisor and/or Auditors. A bid that is canceled due to reasons described in the paragraph above will be included in the count of the number of bids in order to determine the number of bids needed to close the auction. If a bid is cancelled due to the reasons described in the above paragraph, and therefore causes another bid to become unique, the canceled bid will be counted in the amount of “Required Number of Bids” (but in no event is the Company required to select the canceled bid as the successful bid) within the framework of this auction. F. Should the Company cancel the auction as described above, any charges for Administration and/or Registration fees (bid credits) will be refunded. The Company will refund the fees to the participants within 45 days of the day the auction was canceled and this will be the participants only claim against the Company.
12. Notice: The Company's address. All notices to the Company must be sent in writing and by registered mail return receipt requested only U TURN BIDS, LLC 14241 Coursey Blvd. Suite A-12 #314, Baton Rouge, La. 70817. This in no way obligates the Company to discuss any claims or respond to any claims. If no claim regarding a particular auction is received by the Company in writing within 72 hours of the time the auction closes, acceptance of the results is assumed. ??
13. Confidentiality and Supervision. A. Details of bids submitted by participants are registered in the computer and kept in confidentiality until the closing of the auction. The Auditors will be entitled to observe the different bids while the auction is open. B. The auctions are under the supervision of the supervisor (monitor). Supervision for this purpose means transfer of the files of auctions that have closed to a check by the auditor. The check takes place for each auction after that auction has closed, and its aim is to ensure that the successful participant submitted the successful (winning) bid. C. Employees of the Company, their immediate family members, the Company’s subsidiaries, and affiliates may not participate in auctions. D. One may receive a copy of the User Agreement on the Internet site www.uturnbids.com
14. General: A. The Company may revise, and/or change the terms and conditions of this Agreement at any time without notice. Any new instructions of the Agreement will be considered valid after they have been published on the Company's Internet site unless otherwise stated by the Company. You will be bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions. B. While all applicable sales taxes will be paid by the Company, successful participants are soley responsible for any and all state and/or federal income taxes that may be owed as a result of successfully bidding on products and/or services on www.uturnbids.com. The Company will, on the advice from its legal and tax counsel, issue a 1099 to the IRS for the retail value of the item(s) the successful participant purchased on www.uturnbids.com.
15. Disclaimers: ?A. IN NO EVENT, OR AS PERMITTED BY APPLICABLE LAW, SHALL U TURN BIDS, LLC dba uturnbids.com 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 WEBSITE, 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 WEBSITE 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 WEBSITE 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 WEBSITE SHALL NOT BE LIABLE OR RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES YOUR OR ANYONE ELSE'S COMPUTER SYSTEM, PROGRAMS, OR DATA. B. U TURN BIDS, LLC dba uturnbids.com EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY DATA CONTAINED ON THIS WEBSITE AND/OR ANY PRODUCT DESCRIBED OR PROMOTED ON THIS WEBSITE, INCLUDING WARRANTIES WITH RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER RIGHTS OF THIRD PARTIES.
The headings of this Agreement are for convenience only and should not be used for the purposes of interpretation of the agreement. D. This Agreement shall be governed by and in accordance with the laws of the State of Louisiana. 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 Louisiana and venue in both the United States District Court in and for the East Baton Rouge Parish Judicial Circuit Court. E. Louisiana resident auction winners will be charged 9% sales tax. F. No provision of this Agreement may be waived, except by a written waiver signed by both parties. G. 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. H. This Agreement shall be binding upon all parties hereto, as well as their agents, servants, successors, assignees, licensees and transferees.