TERMS & CONDITIONS
As a visitor to this web site, please familiarize yourself with both the Conditions of Web Site Usage. The current form of which may be reviewed below.
Conditions of Web Site Usage
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The terms and conditions printed or published online for a particular sale or auction take precedence over the terms and conditions provided herein.
The www.bidfordecor.com web site (collectively, the “Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms.
Bid For Decor, LLC (“BFD”) is an auction house specializing in rare and collectable signed fine jewelry, watches, clocks, silver, historic and sports memorabilia, and more luxury goods.
Privacy
Your use of www.bidfordecor.com is subject to BFD's Privacy Policy. Please review BFD’s Privacy Policy, which also governs the Site and informs users of BFD’s data collection practices.
Electronic Communications
Accessing and visiting www.bidfordecor.com or sending emails to BFD constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that BFD provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile Internet device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign nor otherwise transfer your account to any other person or entity. You acknowledge that BFD is not responsible for third-party access to your account that results from theft or misappropriation of your account. BFD and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at the sole discretion of BFD.
Children Under Thirteen and Minors in General
BFD does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. The Site is not intended to be used by minors since it may contain material of a nature which may be inappropriate for them to view (e.g. nudity on an antique pocket watch or other work of art). Parents will be responsible for children using their computer to view such material and must control their children's access to the computer and the Internet accordingly. By bidding for or buying articles through the Site you warrant that: you are legally capable of entering into binding contracts; and you are at least 18 years old.
Conditions of Sale
Contracts in relation to the transaction or sale of any article advertised on the Site are governed by the Conditions of Sale relating to such sale. These will be displayed clearly during the electronic bidding process and are accessible when viewing the catalog online. Alternatively, they are available on request by contacting BFD at info@bidfordecor.com
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Links to Third-party Sites/Third-party Services
The Site may contain links to other web sites including social media web sites (“Linked Sites”). The Linked Sites are not under the control of BFD, and BFD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BFD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BFD of the site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from www.bidfordecor.com, you hereby acknowledge and consent that BFD may share such information and data with any third-party with whom BFD has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
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No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to BFD that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BFD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BFD content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BFD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. BFD does not grant you any licenses, express or implied, to the intellectual property of BFD or its licensors except as expressly authorized by these Terms.
Linking to the Site
You may link to the Site, provided it is legally and fairly represented and neither damages BFD’s reputation nor takes advantage of it. More specifically, you may not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of BFD where none exists. The Site must not be framed on any other site. BFD reserves the right to withdraw linking permission without notice. In the event you seek to make any use of material on the Site or would like clarification for your particular situation, you are welcome to make this request to BFD via the webmaster@bidfordecor.com for a determination.
Third-party Accounts
You will be able to connect your BFD account to third-party accounts. By connecting your BFD account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Site is controlled, operated and administered by BFD from its offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use any content nor engage in any transactions accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless BFD, its members, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. BFD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BFD in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of the Terms of the Conditions for Web Site Use.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BID FOR DECOR, LLC. AND/OR ITS PARTNERS, ASSOCIATES, SUPPLIERS AND SOFTWARE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BID FOR DECOR, LLC, AND/OR ITS PARTNERS, ASSOCIATES, SUPPLIERS AND SOFTWARE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BID FOR DECOR, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BID FOR DECOR, LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BID FOR DECOR, LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
BFD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BFD as a result of this agreement or use of the Site. BFD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BFD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BFD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BFD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BFD with respect to usage of the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
BFD reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. BFD encourages you to periodically review the Terms to stay informed of updates.
Contact
BFD welcomes your questions or comments regarding the Terms:
BID FOR DECOR, LLC
7245 Gilpin Way, Suites 260-270
Denver, Colorado 80229
Email Address: webmaster@bidfordecor.com
Effective as of April 12, 2024