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BidPigs.com
Terms & Conditions
Welcome to BidPigs.com and thank you for reviewing our Terms and Conditions.Last Update: January 1, 2012
In order to utilize our website, you must review these Terms and Conditions and certify to us that you have read, and have accepted, each of these terms and conditions, as well as our Privacy Policy. Rabideagle Enterprises, LLC through its BidPigs.com domain, makes this website, including all information, documents, communications, files, text, graphics, software and audio/visual files available for your use, subject to the Terms and Conditions set forth below, as well as those in our Privacy Policy.
1. Acceptance of Terms of Service and Terms and Conditions. By using this website, registering and/or creating an account and becoming a member, you accept and agree to all the terms, conditions materials and notices contained, or referenced, in our Terms and Conditions and our Privacy Policy. Please read the following Terms and Conditions carefully. If you do not agree with any of the terms and conditions, do NOT use this website. If you access, use, or download in any way, without limitation, any service from this website, you agree to and are bound by the terms and conditions of service. BidPigs.com reserves the right, in its sole and absolute discretion, to refuse service and access to any user. BidPigs.com reserves the right to change the terms and conditions of service at any time without prior notice to user. In the event changes are made to these Terms and Conditions, they will be posted on this page and the date of the last changes will appear at the top of this page. Your continued use of the website following such changes signifies your acceptance of those modifications. If you do not agree to the changes, your sole remedy is to cease using the website. If you breach any of these terms and conditions, or the privacy policy, your authorization to use this website automatically terminates.2. Age Limit and Eligibility. To be eligible to register and create an authorized account ("account"), you must be a person/individual at least eighteen (18) years of age as well as a legal resident of the United States or Canada. You may not be a firm, business entity or institution. Provider reserves the right to verify your age.
3. Registration and Account Creation. In order to participate in any auction on this website, you must register and create an account. When you create your account, it constitutes a representation that you are an individual at least eighteen (18) years of age and are not a person barred from receiving the services offered under the laws of the United States or any other applicable jurisdiction. During the registration process, you must choose a username. Your username must not be offensive, deceptive or infringe upon the rights of third parties. By registering for an account, you also consent to allow us to access your account information to, among other things, investigate complaints or other allegations of abuse. BidPigs.com reserves the right to reject or revoke any user’s account at its sole discretion for any reason. You may modify your registration data by sending an email to records@bidpigs.com . Only one account is allowed per person. Your account is not transferable. You may not allow any other person to access your account, accept your merchandise or participate in any auction using your account information. Under no circumstances shall you allow or permit any other person or third party, including without limitation, any person under the legal age, to participate in an auction in your applicable jurisdiction.
4. Unavailability of Service. You are subject to the laws of the state, city and any other legal entity in which you reside and/or from which you access this website and use its services. The laws governing auctions, contests and tournaments are set up by individual states, not by the federal government. Use of this website and its services is VOID WHERE PROHIBITED OR RESTRICTED BY LAW, as well as VOID OUTSIDE OF THE UNITED STATES AND CANADA. You hereby agree that BidPigs.com cannot be held liable if laws applicable to you restrict or prohibit your participation. BidPigs.com makes no representations or warranties, implicit or explicit, as to your legal right to participate in any auction offered on this Website. You agree to determine whether participation in this website and its services is allowed in your jurisdiction, and to abide by same.
5. Participation in the Auctions – The Right to Bid.
A. Paid Bids. The right to participate in the auctions, or "bid", must be purchased, and paid for by you, before you can start bidding. Bids can be purchased at the currently set prices, which can be viewed on the website. Payment will only be accepted via PayPal Gateway or other payment methods published on BidPigs.com. Once a bid is placed in a given auction, the bid credit is deducted from your account and is considered expired and non-refundable.
B. Bonus Bids. Bonus bids may be earned on BidPigs.com in a number of ways, including but not limited to, new member registration, refer a friend programs and contests. Bonus bids will be held separate from paid bids in your account and considered the same as coupon bids as outlined below. Bonus bids may be used in the same manner as paid bids. Bonus bids will be the first bid credits deducted from your account any time that you bid. Bonus bids will expire after 30 days. No refunds will be given for expired bonus bids, so use them up!C. Won Bids. Bids that are won following participation in an auction from items, such as "Bid Packages," or bid amounts that are added to a listed retail item, will be considered the same as Paid Bids.
D. Coupon and Bonus Bids. BidPigs.com will occassionally offer special coupons, contests and other special discount bids to our customers and potential customers. These Bids will all be considered Coupon bids. Coupon bids are not held, calculated, nor valued in the same way as paid, regular bids. Coupon bids will always have an expiration date, by which they MUST be redeemed or they will be lost. Coupon bids have NO value for refund purposes. Coupon bids DO NOT count towards the Buy It Now option on any auctions. These bids are for promotional, coupon and contests only. Coupon bids in your account will always be the first bids used on an auction. Users will not be compensated for any unused coupon bids that expire.
6. Bidding Methods.
A. Manual Bidding. You can manually click on the bid button on any of the listed auctions. Remember that each time you click "Bid," the price will increase and one credit will be deducted from your account! The timer will also add time for any bids that are placed on the item with under two minutes remaining on the auction. B. BidHogs. The BidHog is an auto-bidder. The auto-bidder will allow you to automatically bid on auctions by setting up, in advance, bidding specifications with the auto-bidder. Each time the BidHog places a bid it will also use a bid credit from your account, raise the price and effect timers under two minutes. You are prohibited from using any bidding software not authorized by BidPigs.com.
C. Last Second Bidding. Penny auction users have many different styles and strategies when participating in auctions. One of the popular styles is to place bids at the very last second on the timer. BidPigs hereby notifies it's users that this method is only to be used at the user's risk. Given the nature of the internet, BidPigs cannot, and will not, guarantee these last second bids will be able to be processed by our servers. BidPigs recommends that users place bids with 3 seconds remaining to ensure proper crediting of the bids. No refunds, bid credits or any other compensation will be awarded in instances where the auction database records show that auction ended correctly and late bids were not processed.
D. Bid Bots and Shill Bidding. Some other penny auction sites out there will bid against their users for their own profits. BidPigs.com will not participate in, nor allow, any type of shill bidding against the customers of this site. Employees of Rabideagle Enterprises, LLC, and their immediate families, are prohibited from bidding or participating in auctions. For purposes of this part, "immediate family" shall only include members of the employee’s family that reside in the same household with an employee.
7. Retail Items up for Auction. The price of the item(s) up for auction increases with each bid placed, per the amount specified, for that auction. If no amount is specified, the price of the item will increase 1 cent ($0.01) per bid. A bid submitted by you, constitutes your willingness to enter into a binding contract with BidPigs.com and, in the event of being the last bidder in the auction, you agree to purchase the item won in the auction under the conditions set forth in the auction. The contract to purchase the item does not come into effect until the auction is finished and the purchaser has followed all the steps, as set forth, to complete the purchase. An auction is deemed to have ended when the website shows that the auction is closed. The bidder who was the last to bid wins the auction and the right to purchase that item. All other bids placed on the item expire and will not be credited back to a user's account or be eligible for a refund, except in the event of a site malfunction. The purchaser of an auction item is determined by provider based on its records and such determination shall be made at the sole discretion of BidPigs.com.
8. Win Limits. BidPigs.com will actively attempt to enhance this entertainment based shopping experience for all customers of the site. In consideration of this goal, win limits may be set for auctions, at the sole discretion of BidPigs.com. All current win limits can be viewed in the "Help" section, as well as on the My Profile page.9. Purchase of Merchandise. The purchaser must actively confirm winning the auction by following the steps indicated on the website and paying the price for the item, as well as any applicable shipping costs or sales tax. Delivery will not occur until the purchaser has paid the total price. If an auction win has not been confirmed, and paid in full, within 10 days from the auction end date, BidPigs.com reserves the right to withdraw the offer to conclude a contract and the purchaser's right to pay for, and receive delivery of that item, will be permanently revoked. All bids placed in that auction will then expire and are non-refundable. There will be no second notice, or reminder, of auction payments due.
10. Buy-it now Option. This option may be offered on some items that are listed for auction. Auction items will clearly indicate if the Buy-it now option is available. User must be logged into the system to see the Buy-it Now availability. This will appear under the auction item on the product details page. The Buy-it now feature is explained in more detail in the "Help" section.
Buy it Now may be used only once on each auction. In the event that an auction is won and the Buy it Now feature is also used, only one item will be awarded to the winner. Do not use Buy it Now if you are the current auction leader. Do not continue to bid on an auction after using the Buy it Now feature!11. Reserve Auctions. These auctions are explained in greater detail in the help section under auction types. Reserve Auctions have a pre-defined reserve price that is set by BidPigs to ensure that the auction does not sell at a price less than the reserve. This auction will not start until the reserve is met. These auctions include a price range in which this reserve will be set. All bids placed on this auction are non-refundable, except in the event of malfunction. This is the only auction that allows you to outbid yourself in attempts to hit the reserve. The Buy it Now Option IS NOT available on Reserve auctions.
12. Auction Exchange Options.
a. Slop and Swap Option. Winners at BidPigs.com may chose to swap the item won for any ONE of the following options.
1.Amazon.com e-card, PayPal $$, Bid Credits at BidPigs.com ($0.50 per bid)
The amount of the swap will be determined using the following formula;
Retail List Price +Shipping X 90%= Swap amount.
Example -Item value $90.00 + Shipping $10.00 = $100.00 -Swap value =$90.00
Swap and Slop will not be permitted on some specialty auctions. These prohibited auctions will be marked in the item details.
b. GiftCard Swap. Winners of all regular GiftCard auctions (excludes Amazon e-cards) may exchange the auction win for any other GiftCard of the same value from the BidPigs GiftCard List.
c. Swap and Slop is NOT available on any FREEBID auctions
* Because BidPigs.com tries to have lighting fast shipping, winners must email support with the auction number, item and preferred swap method immediately after payment for won auctions!
13. Reward Points. BidPigs.com may offer reward points to users for purchases of bids and bid packages. These points may also be issued for special promotions, sales, give-aways or even added to items that are being auctioned. These points may then be used for retail purchase of items in the BidPigs Store. Visit the "Reward Points" section in "Help," for additional details. Reward points will expire 1 year from issuance, or after 90 consecutive days of account inactivity. Reward points have no monetary value, except for purchases from the BidPigs.com store, and are non-refundable.
14. BidPigs Store. BidPigs.com offers a unique merchandise line, which includes items such as BidPigs T-shirts, hats, stickers and much more. We will also offer other retail items for sale in the store, without the use of the auction format. These items can be found by visiting the "BidPigs Store" links found throughout the site. Items in the store may be purchased by using reward points or cash. Visit the "BidPigs Store" section in "Help," for additional details.
15. Shipping Policy.
a. Shipping prices listed on the auctions at BidPigs.com are valid only for items to the shipped in the continental U.S.
b. Auction winners that are residents of Canada, Hawaii or Alaska may be asked to choose one of the following options.
1. Swap option (See section 12 of these terms)
2. Request delivery to a valid continental U.S. address in the buyer instructions portion of the PayPal checkout process. User must also email support@bidpigs.com to request shipping to alternate address.3. Contact support@bidpigs.com following auction win, prior to payment, to make arrangements to pay the actual shipping price, with certified receipt, to the address outside the continental U.S.
c. Shipping time. In most cases, BidPigs.com will ship items won at auction within 2 to 3 days of payment, however, we reserve the right to delay shipping for up to 14 days. We will ship all products using UPS, USPS or Fed-Ex. Shipping costs will be clearly posted in the details section of each auction. Unless otherwise stated, delivery will be made from our warehouse, or directly from our suppliers, to the address provided by the purchaser. Shipping fees listed in the auction details are valid for delivery within the continental U.S. only.
d. Combined Shipping. BidPigs.com reserves the right to combine multiple auctions won in the same time period into one item shipment. This will not result in refund or reduction in shipping charges.
e. Unavailable Items. In the event that BidPigs.com cannot deliver the item ordered, for any reason, we shall be entitled to substitute the item with a comparable replacement product with the same, or better features, or provide a refund of the auction end price and refund all bids used, to the purchaser based upon provider’s sole discretion.
16. Refunds. All refunds are subject to a 5% service charge, except for those involving a valid site malfunction. Additional processing and service charges may apply as indicated in the specific refund method policy below.
A. Retail Items will only be refunded if the item is returned, within 10 days, in its original packaging. Customer is responsible for return shipping costs. Original shipping fees will not be refunded.
B. BidPack Purchases. Purchased bidpacks may be refunded, at full value of initial purchase, for 30 days. Any requests for bid refunds after 30 days will be considered bid balance refunds and processed accordingly.
C. Bid Balance Refunds.
1. Paid and won bids in a user account may be refunded, at customer request, for any reason. Bid balance refunds will be processed using a $0.45/per bid calculation. If refund is not for site malfunction, refunds granted in this manner may result in account closure and user may be excluded from further participation on this site.2. Bonus Bids in a user account will not be refunded for any reason except site malfunction, in which case bonus bids will only be refunded as additional bonus bids, credited to bonus bid account.
D. Reward Points. Will not be refunded, nor will user be compensated for unused reward points for any reason except site malfunction.
E. Refund Method. Refunds may be processed using PayPal or mailed to customer via check issued from Rabideagle Enterprises LLC. Refunds requested via PayPal will incur a $2.00 processing fee in addition to the 5% refund service charge. In most cases refunds will be processed within 48 hours of user request. All requests must be made by email to support@bidpigs.com.
17. Service and Support for Products Purchased. All requests for technical service, support, or warranty on retail items, should be made directly to the item manufacturer in accordance with their terms of service.
18. Termination.
A. Your Right to Terminate. You may terminate your account at any time by deleting it.
B. Provider's Right to Terminate. Your BidPigs.com account may be terminated, or closed, by BidPigs.com at any time, for any reason. In the event that the account is closed by BidPigs.com for any reason, other than violations of the Terms and Conditions, Privacy Policy, Website regulations or violation of law, then BidPigs.com shall refund the full amount of any remaining paid bids in your account according to the refund policy. Any bonus bids accumulated will not be refunded or compensated, nor will there be a refund or compensation for any unused reward points in the account.
**Updated January 1, 2012 **
C. Inactive Accounts. Any account at BidPigs.com will be determined to be INACTIVE where the registered user does not log in to BidPigs.com for more than 90 consecutive days. Inactive accounts are subject to closure and removal of all bids and information from the BidPigs.com system. Any unused bids will be considered expired and non-refundable at that time. No refunds will be processed for bids removed for account inactivity.
19. Intellectual Property Rights.
A. Copyright and Use Limitations. By agreeing to the terms and conditions, you have been granted a license to view and use the service, subject to these terms of service. Unless otherwise specified, the service on this website is for your personal and non-commercial use only. You may not sell or modify the service or reproduce, display publicly, or otherwise use, the service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose, is expressly prohibited, without prior written consent from BidPigs.com .
B. Trademarks. Rabideagle Enterprises, LLC owns, or has pending trademarks/copyrights, for its graphics, logos and service marks on this site. They may not be used without prior written consent of Rabideagle Enterprises, LLC.
20. Privacy and Protection of Personal Information. We respect the privacy of visitors to our website. Please see our Privacy Policy related to the collection and use of your information.
21. System Outage. A system outage occurs when bids cannot be submitted for items due to an unforeseeable disruption in the website or its systems. After the system outage has been resolved, the auctions will be continued. If the system outage results in auction termination, or a delay of over 1 hour, all bids placed on the auction(s) will be credited to your account upon system recovery.
22. Maintenance and Other Problems. BidPigs.com conducts maintenance work on its system from time to time. If possible, we will notify you in advance of maintenance periods. Maintenance may affect all or only a portion of the website. Auctions may be unable to continue during a maintenance period. Auctions that have begun prior to such maintenance periods will end and not be extended into the maintenance period and any bids placed during such an event will be credited back to the user's account.
A. Reporting Malfunctions. Any problems encountered during an auction which may cause the auction to be invalidated must be reported immediately to support@bidpigs.com . Failure to report the malfunction, or discrepancy, immediately upon discovery, will constitute your consent to continue and cause your continued use of the site, or participation in an auction, to be at your own risk. No refunds for bids or bidpacks will be awarded in that instance.
B. Malfunctions discovered while Auction is in progress. For the purposes of this part malfunctions shall be considered to have been discovered during auction in progress when BidPigs is properly notified, or finds, a valid malfunction and pauses the auction prior to it's end. When verified malfunctions of this type are found BidPigs will make every effort to repair the problem and resume the auction. In the event the repair will require more than 10 minutes from the pause, BidPigs will not resume the auction, without the consent of all bidders currently having bids placed in the auction. If all bidders are unavailable to agree to a restart, Bidpigs will email notice to all bidders of the date and time for the re-start with no less than 48 hours notice.
In the event that the malfunction occurs after placement of bids that are correctly accepted, the auction will be reset to the last correct bid level upon the restart. All bids found to have been placed after the malfunction will be credited to the user account prior to the restart.
C. Malfunctions discovered after auction end. For purposes of this part, a malfunction discovered after the auction end will be any auction in which a malfunction is reported after the timers have ended or an auction in which a malfunction is reported prior to timers end, but BidPigs is unable to pause the auction prior to its end. When verified malfunctions of this type occur BidPigs will invalidate the auction and credit all used bids back to the user bid accounts.
D. Other issues. All other problems encountered during the use of provider's services, including those with regard to auctions, your account, etc., must be reported, within thirty days, to support@bidpigs.com to be considered for any bid credit refunds.
23. Warranties and Limitations. You expressly agree that use of the website and its services is at your sole risk. Neither provider nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers, and/or any third party who provides or distributes products or services for provider, or the like, warrant that websites affiliated with providers, including but not limited to, this website, 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 this website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the website or as to the accuracy, reliability or currency of any information, content, service or merchandise provided through the website. Furthermore, provider shall not be responsible for any opinions, views, advice or statements posted about its service (including, without limitation, in any public posting areas of the service) by any person or entity other than an authorized provider or spokesperson, including without limitation, advertisers, content providers, you, other users, guests, independent writers and experts who are not authorized provider spokespersons.
A. Disclaimers. Your use of this site is at your sole risk. Service and software provided on an "as-is" basis and "as available" basis. To the fullest extent permissible by applicable law, provider disclaims all implied warranties. Provider makes no representations or warranties of any kind, express or implied, as to the operation, security, or availability of this website. Provider does not warrant that the materials posted regarding the retail items listed on this site are accurate, reliable or correct. 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 from the site, shall create any warranty not expressly stated in these terms and conditions or privacy policy.
B. Limitation of Liability. Provider does not guarantee the continuous, uninterrupted, or secure, access to the website. Operation of the site may be interfered with by numerous factors outside the control of provider. You expressly understand and agree that provider will not be liable for any damages arising from, or inability to, use the website, software or related services. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the site. Such limitation shall apply whether the damages arise from the use, or misuse of, and reliance on, provider’s services or items purchased from provider, from inability to use provider’s services, or items purchased through the site, from interruption, suspension or termination of providers service. If you are dissatisfied with any portion of the website and/or services offered through the website, your sole and exclusive remedy is to discontinue your use of this website.
24. Disclaimers Regarding Items Purchased Through Provider. ALL ITEMS PURCHASED THROUGH THE WEBSITE ARE SOLD ONLY WITH THE MANUFACTURER'S LIMITED WARRANTY.
25. Third Party Links. The website may contain links to other websites and may forward you to other websites within the same internet browser window. These websites are not under the control of provider, and the existence of a link on the website does not imply any endorsement of the linked websites, unless otherwise posted, by provider, or any affiliation between provider and the owners of the linked websites.
26. PayPal Payment Gateway. BidPigs.com uses PayPal to process all payments. The information that we provide to and receive from PayPal and the manner in which such information is used and disclosed, is described in further detail in our Privacy Policy. You irrevocably authorize us, as necessary, to instruct PayPal to process your credit card transactions and you irrevocably agree that provider may give such instructions on your behalf, in accordance with your requests, as submitted through the website. You agree that provider is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party, except as a result of the gross negligence of provider or its employees.27. Online Conduct. You agree to use the website and the services provided through this website only for lawful purposes and to behave in a fair and equitable manner when using the website and our services.
28. Newsletters and Site emails.
1. Admin Emails. Users creating accounts at BidPigs.com will be assumed to have agreed to receive email notices from BidPigs.com regarding auction wins and other site related issues. A users sole remedy to cease acceptance of these emails is account closure.
2. Newsletter and Promotional Emails. All users will be prompted to agree to receive newsletters from BidPigs.com at time of account creation. Users may unsubscribe from the newsletter emails at any time by visiting the My Profile pages following log in and selecting Unsubscribe. Newsletter emails also contain directions for email request for removal from this service. It is the users responsibility to confirm email requests delivery for removal in this manner.
29. Security. If you use this website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc., that may track any data you enter via this website, including e-mail addresses, credit card numbers and any other payment related information.
30. Indemnification. You agree to defend, indemnify and hold harmless provider and its subsidiaries, agents, managers and other affiliated companies and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees and costs of litigation arising out of or relating to: (a) your use of the website or the service, including any data or work transmitted or received by you or any service provider; (b) any other party's access and use of the website or the service with your unique identifiers, except where you have previously notified provider that you believe such Identifiers are no longer secure and confidential and have taken the steps required by provider to secure new identifiers; (c) your connection to provider's site; (d) your violation of these Terms and Conditions or our Privacy Policy; (e) your violation of any rights of a third party or service provider; or (f) the provider’s own sole negligence including the negligence of its officers, directors, agents, employees and affiliates.
31. Waiver/Severability. The failure of provider to require or enforce strict performance by you of any provision of these Terms and Conditions or its Privacy Policy, or to exercise any right under them, shall not be construed as a waiver or relinquishment of provider's right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms and Conditions and our Privacy Policy are intended to be severable. If for any reason any provision of these Terms and Conditions or our Privacy Policy shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions or Privacy Policy, which shall continue to be in full force and effect.
32. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the website, our Terms and Conditions or our Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose unless otherwise protected by law.
33. Entire Agreement. These Terms and Conditions and our Privacy Policy constitute the entire agreement between us with respect to the subject matters covered therein and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, our Privacy Policy or our terms of service, will be effective only if in writing and signed by provider.Users are reminded to print all transaction data, payment methods and these Terms and Conditions, our Privacy Policy and terms of service in order to avoid misunderstandings at a later time.





