Terms & Conditions for DealBadger

Auction Rules – Condition Grading for Deal Badger Services, LLC

Information about Auction Items is posted by DB. All information and descriptions contained in advertising the sale are believed correct, but no responsibility is assumed by DB for any errors or omissions. Buyer agrees that any oral representation by a DB employee or auctioneer shall not modify these “as is – where is with all faults” terms. Buyer understands and will rely on their own inspection, caution, and common sense when using DB. Buyer understands DB strives to represent product condition accurately, but accepts that some items will have damage, defects, missing parts/pieces, or other faults that are not identified by DB before posting in an auction. DB will include stock photos when available, Buyer accepts that DB taken photos and stock photos may be inaccurate. It is the responsibility of the Buyer to inspect all items before placing any bid on the Site.

Included in this information are these Condition Grades of inspected products, which are intended to help the Buyer, but do not replace the responsibility of the Buyer to inspect the product and to accept the risk of the purchase. 

• OPENED BOX items were sold by a retailer, and potentially used before being returned by the customer. Opened Box items may be damaged or missing pieces, missing cables, missing batteries etc. Unless the condition of a specific item is explicitly stated in the lot description, Buyer should not make any assumptions other than that it may be non-functional or otherwise damaged. All Opened Box items are sold “as is – where is with all faults”. It is the responsibility of the Buyer to inspect items before placing a bid on the Site. OPENED BOX.
• DAMAGED items come from a variety of sources such as overstock, customer returns or any other means. Damaged items have visible damage or could be incomplete, missing parts and have not been tested for functionality. All Damaged items are sold “as is – where is with all faults”. It is the responsibility of the Buyer to inspect items before placing a bid on the Site. DAMAGED.
• APPEARS NEW items are not available to be inspected before the auction closes. Winners of APPEARS NEW items are asked to inspect their items condition before they leave the Pickup Center.
• Scratch & Dent marked appliances have a 14-day Money Back Guarantee. No Questions asked! All Scratch & Dent Appliances have been tested and inspected by our Appliance team and are guaranteed to be in the condition described. If you are not satisfied for any reason, you may return the item for a full refund up to 14 days after pickup. If you are not able to pick up your Scratch & Dent item within the 4-day pickup window, you will receive a Full Refund. The Full Refund, including Hammer Price, Buyers Premium and sales tax, will be issued to the credit card used at purchase. This guarantee is only for appliances marked Scatch & Dent. The standard terms and conditions apply to all other items. See complete terms and conditions here.

Auction Rules – Inspecting Items

Buyers may inspect OPENED BOX and DAMAGED items only at the Inspection Table. Buyers are not permitted to open or inspect items on the warehouse floor.

APPEARS NEW items are not available to be inspected before the auction closes. Winners of APPEARS NEW items are asked to inspect their items condition before they leave the Pickup Center.

Auction Rules – Refunds for Deal Badger Services, LLC

Once a Buyer or Buyer’s Authorized agent removes an item from the Seller’s Pickup Center, including moving the product from the building to the parking lot, constructive receipt has occurred and remittance to the Seller may occur.  Once you leave the Pickup Center with any product, DB will no longer accept any returns or provide any kind of refund.

Auction Rules - Fully Refunded Items

DB will provide full refunds under two circumstances:

Lost Items

If the Buyer is unable to find a won item at the designated Pickup Center, a Buyer should ask for help from a DealBadger Customer Care associate.  If that associate determines the won item cannot be found, then a refund will be awarded. 

Misidentified Items

If an item is not the item identified in the written lot title, the item may be returned for a refund only before you leave the Pickup Center. To clarify, if the item was identified as a table and the item won is a shelf, the item may be returned for a refund, only before you leave the Pickup Center.

These refunds will include the winning Bid Amount, the Buyer’s Premium, and the sales tax for both amounts.

Auction Rules – Partially Refunded Items

Returned Item

If the Buyer decides for any reason that they do not want an item that have won, before they have removed it from the Pickup Center, Buyer may return the item for a Partial Refund. Refunds may only be processed for items that have not left the Pickup Center.

Forfeited Item

If the Buyer does not remove the item within the designated pick-up window, the item will be retrieved by DB and reprocessed, a Partial Refund will be issued to the winner of the reprocessed item. Forfeited items will no longer be available for pickup by the Buyer.

Partial refunds include the winning bid amount and sales tax for that amount. The Buyer’s Premium will not be refunded.

Auction Rules – Pick Up Windows and Forfeiture for Deal Badger Services, LLC

All purchases must be removed from the DB Pick Up Center without damaging any property and within the time announced, posted, or communicated. All costs, responsibility and risk of such removal shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of buyer purchases within the time specified, the DB shall have the right but not the obligation, in its sole discretion, to resell, discard or remove said purchase, without waiving any rights that DB or seller may have against buyer.

Auction Rules – Withdrawal of Auction Items for Deal Badger Services, LLC

DB reserves the right to postpone or cancel any Auction or Auction Lot(s), or any sale resulting there from at its own discretion, without notice. DB has no liability to bidders as a results of any withdrawal, cancellation or postponement of Auctions or sales.

DB reserves the right to void or reject bids (winning and/or otherwise), which it believes have not been made in good faith and/or are intended to influence the auction process.

Auction Rules – Closure of Auction Sales for Deal Badger Services, LLC

Posted closing times and displays of Auction Co.’s current time are approximate. Auction Co. reserves the right to close early or extend auctions at any time at its discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid or circumstances that prevent bidders from making bids at auction closing times. All times are based on the Time Zone where the auction Pick Up Center is located.

If You are the highest bidder (“Buyer”) at the end of an Auction and have met the reserve bid, if there is a reserve bid, then You are obligated to complete the transaction unless the transaction is prohibited by law or by this Agreement. Bidders agree that bidding on the Website is the legal equivalent of a firm purchase order.

DB auctions are set to “soft close”. This means that if someone bids within the last three (3) minutes before the item closes the bidding will be extended by three (3) minutes. This allows bidders to place last minute competing bids, just as it happens at live in-person auctions.

Auction Rules – Fees and Premiums for Deal Badger Services, LLC

The purchase price is the sum of the Bid Price, Buyer’s Premium, and Sales Tax, if applicable.

The Buyer’s Premium is an additional service charge for which the Buyer is responsible. It is a fixed percentage of the selling price. If an Auction includes a Buyer’s Premium, it will be clearly indicated in the auction-specific terms and on the Lots being auctioned. The Standard DB Buyer’s premium is 17%, but this is subject to change at the discretion of the Seller.

All items are subject to state and local sales tax. For our facilities in the State of Georgia, sales tax rates are determined by the exact street address of the Auction House where the product is being procured and sold. Sales tax will be collected at the point of payment. Buyers with a valid State Sales Tax-Exemption Certificate must provide a copy of the certificate prior to payment, or taxes will be collected on purchases.

Auction Rules – Conduct and Monitoring for Deal Badger Services, LLC

These conduct and content standards apply to any and all user contributions (including posts, reviews, comments, communications or any other content) and use of interactive services. User contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.

Content, suggestions, ideas, comments, questions, or other information shall not be discriminatory, threatening, obscene, illegal, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. Content shall not be deceptive, nor posted through false email addresses, impersonating any person or entity. Content shall not involve commercial activities or sales. Content shall not be of a harassing nature that can embarrass, upset, anger, or annoy another person or persons.

DB reserves the right (without obligation) to monitor, remove and/or edit such content at will. DB reserves the right to edit, disclose or refuse to post information or material or request to removal of any material or information from DealBadger.com.

Website – Rights to Materials for Deal Badger Services, LLC

We will collect data, content and information that provided to us for use on your behalf through the website (“Seller Generated Content”). You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all Seller Generated Content in order to provide and maintain the Services for you and, solely in de-identified or aggregate form, to improve our products and services and for our other business purposes (and any and all such derived data is deemed part of our Intellectual Property). You also hereby grant each User of the Services a non-exclusive license to access your Seller Generated Content through the Services, solely to the extent such access is permitted through the functionality of the Services and in accordance with this Agreement and applicable laws.

EXCEPT AS OTHERWISE PROVIDED HEREIN, WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OF YOUR SELLER GENERATED CONTENT. YOU SHALL BE SOLELY RESPONSIBLE FOR AND SHALL INDEMNIFY US FOR YOUR SELLER GENERATED CONTENT.

Website – Availability and Security for DealBadger.com

DB reserves the right to withdraw or amend its website, service, or material provided on this website in our sole discretion and at will. DB is not liable if the website or parts of it are not available at any time or length of time. DB may restrict access to the website or sections of it to users and registered users.

By using DealBadger.com, you accept that you may be asked to provide certain registration details or other information. This information must be kept current and accurate. You agree that all information you provide to register on DealBadger.com is governed by our Privacy Policy and you consent to all actions we take with respect to your information. You must treat all registration information as confidential, including if other users accidentally gain access to your account (for example, by staying logged in on a shared device). DB has the right to disable any account or user name or password at any time at will for any reason, including if Terms and Conditions have been violated. DB makes reasonable effort to make its website available at all times. However, DB is not responsible for service interruptions. This can include, among others, interruptions that may affect the receipt, processes and acceptance of bids or other aspects of an auction or sale.

Website – Password Management for DealBadger.com

To use DealBadger.com, you agree to maintain the security of your password and identification. You also accept all risks of unauthorized access to information and registration data. You are responsible for protecting and maintaining access to the website from your devices. You agree to contact DB immediately with respect to any unauthorized use associated with your registered account. You allow DB to contact you through your registered account of any activities that appear suspicious related to bidding, communications, payments, or otherwise.

DB is cannot and will not be liable for any damages or losses sustained by you or any third party arising from your failure to comply with this section.

Users will become a registered user once DB contacts them after user inputs registration information. Only registered users are eligible to participate in DB auctions. DB has the right to disable any account or user name or password at any time at will for any reason, including if Terms and Conditions have been violated.

Website – Prohibited Uses for DealBadger.com

You may use the website only for lawful purposes and in accordance with these terms of use. You agree not to use the website in any way that violate any applicable federal, state, local, or international law.

You will not use any device or process to monitor or copy DealBadger.com web pages or content. You agree you will not interfere or attempt to interfere with the operations and working of DealBadger.com. You agree to not impose large load on the infrastructure of DealBadger.com.

You will not, and you will not assist, permit or enable others to, do any of the following:

1. use the Services for any purpose other than as expressly set forth in these terms.
2. disassemble, reverse engineer, decode or decompile any part of the Services, including without limitation, algorithmic pricing tools
3. use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means to access, collect, copy, or record the Services
4. copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of the Services or any of our Intellectual Property
5. remove any copyright notices or proprietary legends from the Services
6. take photos, screenshots or other images of the Services or otherwise extract reports and other output of the Services, other than records of your transaction/bid history, sales agreements and reports, invoices and other User Account material made available to you (“User Account History and Content”)
7. use the Services in a manner that impacts:
   • the stability of our servers
   • the operation or performance of the Services or any other User’s use of the Services
   • the behavior of other applications using the Services
8. use the Services in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users
9. use the Services in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage
10. use the Services for benchmarking or competitive analysis of the Services
11. attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Services
12. transmit viruses, worms, or other software agents through the Services
13. impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Services for any invasive or fraudulent purpose, including, for example, for domain spoofing or other forms of phishing
14. share passwords or authentication credentials for the Services
15. bypass the measures we may use to prevent or restrict access to the Services or enforce limitations on use of the Services or the content therein, including without limitation features that prevent or restrict use or copying of any content
16. identify us or display any portion of the Services on any site or service that disparages us or our products or services, or infringes any of our Intellectual Property or other rights
17. identify or refer to us or the Services in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of the Services under this Agreement, without our prior express written consent or
18. engage in any form of shill bidding, including collusion, bid manipulation and bidding on items that you, or a party affiliated with you, are selling in an auction

Bidder Conduct for Deal Badger Services, LLC

DB has the right to ban users from DB.com which it believes to have misrepresented any aspect of a sale or purchase, failing to follow the terms and conditions, or conduct any improper behavior as determined by DB. Any buyer who fails to carry through with a purchase will be banned from further use and may be subject to legal actions.

You understand and agree that after submitting a bid you may not retract the bid. Also, sale price tampering and/or manipulation of items is strictly prohibited.

IP Rights for Deal Badger Services, LLC

The Materials and Services on DB.com are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Website may violate such laws and these Terms. DB does not grant rights to use materials and services. You agree not to copy, republish, transmit, frame, modify, reverse engineer based on DB.com. “DealBadger.com” is a trademark of Deal Badger Services, LLC.

These Terms and Conditions permit you to use the website for your personal, non-commercial use.

The trademarks, trade names and all material contained on this Website, including all portions of the Website, content, Website design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of DB or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from DB is strictly prohibited.

The Company name, the term “Deal Badger”, “Badger Den”, Company logos (included but not limited to badger profile in front of a price tag), and all related names, logos, product and service names, designs, and slogans are trademarks of DB or its affiliates or licensors. You must not use such marks without the prior written permission of DB. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyright Infringement and Trademarks for Deal Badger Services, LLC

The trademarks, trade names and all material contained on this Website, including all portions of the Website, content, Website design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of DB or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from DB is strictly prohibited.

Privacy Policy for Deal Badger Services, LLC.
We collect information for various purposes to provide and improve our service. Deal Badger Services, LLC protects your privacy through the following policies:

Data Collection?We will collect and store the following Personally Identifiable Information (“PII”) on our servers if you choose to register on our site:

• First name and last name
• Address, State, Province, ZIP/Postal code, City
• Email address
• Phone number

We will also collect a valid credit card number if you choose to register on our site. Your credit card information will be stored remotely in storage systems owned and/or operated by secured processing sources in compliance with Payment Card Industry standards (PCI Compliant) and not on our servers. In addition, we automatically collect certain non-PII relating to your interaction with our site, such as your IP address. Your IP address is stored when you register on our site and every time you place a bid on our site. We use cookies for your convenience to allow you to remain logged into our site. We will not collect or store any other cookie information stored on your computer. We do not allow third parties to place cookies on your computer.

Use

If you provide us with your PII, it will primarily be used for internal business purposes. Your driver’s license will be collected to ensure that you are old enough to place bids on our site. Your credit card information will be collected to guarantee that you will be able to pay for any items with respect to which you may place the winning bid. Your telephone number will be used in case we need to contact you concerning any bids that you may place. Your address or e-mail address may be used, at your request, to communicate information about upcoming auctions. Your e-mail address or cell phone number may be used, at your request, to send you automatic bidding notifications. You may opt-out of receiving any communications from us either during registration or by contacting us using the information found by clicking the “Contact Us” link on our home page. Your IP address is used internally for liability purposes to keep a record of each bid’s origin. Cookie information will be used purely for your convenience to allow you to remain logged into our site.

Disclosure

Deal Badger Services, LLC may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of Deal Badger Services, LLC
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

We also reserve the right to transfer your PII to appropriate third parties in the event that we sell all or part of our business, make a sale or transfer of all or substantially all of our assets, or in the event that we are involved in a merger. In the event that we disclose your information in the course of any such sale, transfer, or merger, your information will remain subject to the terms and conditions of this policy and any amendments thereto. Also, if we do disclose your PII in the course of a sale, transfer, or merger of one of our companies, please be advised that we will continue to store your PII until such time as you request that it be deleted.

Security

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. Consequently, we do not represent or guaranty that the information that you transmit to us will remain secure against all unauthorized access or use. You can assist us with our efforts by preventing unauthorized access to your user password and to your computer. You should make sure that you sign off when finished using a shared computer, and you should otherwise take precautions to protect your user password. If your user password becomes compromised for any reason, you should immediately change your password, and notify us.

Children’s Privacy

Deal Badger Services, LLC is designed for adult use only. We will not intentionally collect children’s PII, but if you believe that we may have done so, please notify us and we will address the issue.

Third Parties

We do not control the privacy policies of third parties, so if you disclose your information to third parties, whether bidders, buyers or sellers, in the course of using our Web site, you may be subject to different rules with respect to the collection, use, and disclosure of your information.

Links to Other Sites

Our service may contain links to other sites that are not operated by us. If you click a on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

Treatment of Feedback and Responses for Deal Badger Services, LLC. Any comments or materials sent to DB, including feedback data (such as questions, comments, and suggestions) and any other response shall be deemed to be non-confidential. DB shall have no obligation of any kind with respect to such response, and DB shall be free to use, reproduce, distribute and publicly display such comments and materials without limitation. DB shall also be free to use any ideas, concepts, know-how or techniques contained in such response for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.

Links to 3rd Party Websites or Services with Deal Badger Services, LLC

3rd Party Links on DealBadger.com: The Services and the Website may provide links to the websites or services of others, including shipping, rigging and other services (“Third-Party Services”). Links to such Third-Party Services, or any explanation or statement regarding those Third-Party Services, do not constitute an endorsement or guarantee by DB of such Third-Party Services, or the products, content, materials or information presented or made available by such Third-Party Services. You acknowledge and agree that BD is not responsible for any damages or losses caused or alleged to have been caused by any Third Party or the use of any Third-Party Services, or from the products, content, material, services or information presented by or made available through such Third-Party Services.

Links to DealBadger.com: You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Website Stability and Usage for Deal Badger Services, LLC

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Data and Website Security for Deal Badger Services, LLC

DISCLAIMER OF WARRANTY AND RELEASE:

• You expressly agree that use of this Web site is at your sole risk. Neither DB., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
• The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice.
• Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.

This site and the information, content, and materials on this site are provided on an “as is,” “where is,” and “where available” basis. Provider makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, provider expressly disclaims all warranties, expressed or implied, of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.

The DealBadger.com website (“Website”) includes without limitation all information, documents, communications, files, text, graphics, software, and products available through the Website (collectively, “Materials”) and all services, including auction services (“Auctions”) operated by DB and third parties through the Website (collectively, the “Services”). DB controls and operates its Website from various locations and makes no representation that this Website is appropriate or available for use in all locations. DB Materials and Services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of third party (including, but not limited to Your employer), You represent and warrant that You are authorized to accept these Terms on the third party’s behalf, and that the third party, through your authorization to consent to these Terms, agrees to indemnify You and DB for violations thereof.

Indemnification and Liability Release for Deal Badger Services, LLC

You agree to defend, indemnify, and hold harmless DB, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Limitation of Liability: in no event shall DB nor sellers be liable for any damages of any kind arising from

• any injury to any person or property caused by the equipment or
• defects in such equipment on any theory of liability including without limitation product liability except only in the case of personal injury where and to the extent that applicable law requires such liability. in addition, in no event shall deal badger or seller be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the service, the website or its content including without limitation the inspection report and materials and functions related thereto, including without limitation, loss of revenue or anticipated profits or lost business or lost sales, even if DB or an authorized representative thereof has been advised of the possibility of such damages. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF THE AMOUNTS YOU PAID TO THE DEALBADGER FOR ITS SERVICES OR USD 50.00. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Governing Law for Deal Badger Services, LLC

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims for Deal Badger Services, LLC

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Entire Agreement for Deal Badger Services, LLC

The Terms of Use, our Privacy Policy and the Auction Terms constitute the sole and entire agreement between you and Deal Badger Services, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.