BIDCOW.COM TERMS OF USE POLICY

Bid the Cow, Inc., a North Carolina corporation (hereinafter sometimes referred to as "Bid the Cow") or ("We") offers its services through the website "www.bidcow.com" (hereinafter referred to as the "Website"). By registering as a Buyer or Seller, you, on behalf of yourself, your employees, agents, successors, assigns, officers, directors, members, managers, and any other person and/or entity (hereinafter collectively referred to as "You") agree to abide by the Terms of Use hereinafter set forth. Further, by accepting the Terms of Use, you affirmatively agree and acknowledge your understanding that Bid the Cow reserves the right, in its sole discretion, to revise the Terms of Use at any time for any reason. Finally, by accepting the Terms of Use, you acknowledge and agree that your registration constitutes a binding agreement by and between you and Bid the Cow, which agreement shall be subject to and at all times interpreted under the laws of the Commonwealth of Massachusetts.

YOU ARE HEREBY ADVISED TO SEEK THE ADVICE OF AN ATTORNEY PRIOR TO ACCEPTING THE TERMS OF USE.

By accepting the Terms of Use, you represent and warranty that you have the capacity to enter into this Agreement and that you have the authority to enter into this Agreement on behalf of yourself, your employees, agents, successors, assigns, officers, directors, members, managers, and any other person and/or entity.

By accepting the Terms of Use, you agree that the Terms of Use shall apply whenever you access the Website or use the Website for purposes of buying or selling furniture and accessories. You hereby acknowledge that the Website serves simply as a forum for bringing Buyers and Sellers together for the purpose of buying and selling furniture and related accessories. Bid the Cow is not a party in the actual transaction between Buyers and Sellers and we have no control over and do not guaranty the quality, safety, legitimacy, or legality of any items offered for sale on our Website. Further, the accuracy of content posted on the Website has not been verified and, as such, you agree to perform whatever due diligence you deem necessary and proper prior to engaging in any transaction on the Website.

You will indemnify and hold Bid the Cow, its officers, directors, agents, employees, affiliates, and any other person representing Bid the Cow, harmless, from any claim or demand, including court costs and attorney's fees, made by any third party, which claim or demand results from or is due in part to your breach of these Terms of Use, or your violation of any state and/or federal law relative to your registration for and use of the Website.

BID THE COW ON BEHALF OF ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, AND ANY OTHER PERSON REPRESENTING BID THE COW MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, OR ANY CONTENT THEREON. BID THE COW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE AND ALL CONTENT THEREON, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM ANY SELLER ON THE WEBSITE. BID THE COW DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE CONTENT; OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS, WHERE IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, AS SUCH; THE AFOREMENTIONED DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH RIGHTS MAY VARY FROM STATE TO STATE.

IN NO EVENT WILL BID THE COW OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, AND ANY OTHER PERSON REPRESENTING BID THE COW BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF (i) YOUR CONDUCT IN CONNECTION WITH THE USE OF THE WEBSITE, OR THIS AGREEMENT; (ii) INABILITY TO USE THE WEBSITE OR ANY CONTENT THEREON; (iii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (iv) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE WEBISTE AND/OR THE CONTENT THEREOF; (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CUSTOMER INFORMATION OR ITS CONTENT, EVEN IF BID THE COW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES, THE CONTENT, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE. SOME STATES DO NOT ALLOW THIS EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BID THE COW'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THEGREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).

Should you reside in a state that does not allow for the disclaimer of warranties or exclusion of damages, you may not be subject to the aforementioned disclaimers and exclusions. For further information on whether these disclaimers and/or exclusions apply to you, you are advised to contact legal counsel.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, including the concepts and ideas contained thereon without the prior express written consent of Bid the Cow.

Any and all responsibilities and/or obligations arising from or relative to your (Seller or Buyer) use of the Website which arise during the term of this Agreement shall survive the termination of this Agreement until such time as said your responsibilities and/or obligations are satisfied in full.

Please review our Privacy Policy, which is incorporated into this Agreement by reference and also governs your use of the Website.

The use of the Website and communications with Bid the Cow electronically shall be considered electronic communications. By communicating with Bid the Cow electronically, you consent to Bid the Cow sending you communications electronically. We will communicate with you (i) via email; or (ii) by posting comments, disclosures and/or notices on the Website. As such, you hereby agree that all agreements, notices, comments, disclosures and any and all other communications that Bid the Cow provides to you in electronic format shall satisfy any and all legal requirement that such communications be in writing.

Your use of the Website shall be considered a limited license granted to you by Bid the Cow to access and make personal use of the Website and not to download or modify it, or any portion thereof, without the express written consent of Bid the Cow. This license does not include any resale or commercial use of the Website or its contents, nor does it serve to transfer ownership of and to any rights to the Website or its content. The Website, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Bid the Cow. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bid the Cow without the express written consent of Bid the Cow. You may not use any meta tags or any other "hidden text" utilizing Bid the Cow's name or trademarks without the express written consent of Bid the Cow. Any unauthorized use terminates the permission or license granted by Bid the Cow.

By accepting the Terms of Use, you acknowledge and agree that You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Any dispute relating in any way to this Agreement or your use of the Website or to any products bought or sold via the Website in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500.00 shall be adjudicated in any state or federal court in Hampden County, Massachusetts, and you hereby consent to exclusive jurisdiction is said courts.

Failure by Bid the Cow to assert any rights afforded to it hereunder or to complain of any act or omission on either the part of the Seller or the Buyer, no matter how long the same may continue, shall not be deemed to be a waiver by Bid the Cow of any of its rights hereunder. No waiver by Bid the Cow at any time, express or implied, of any breach of any provision hereof shall be deemed a waiver of a breach of any other provision hereof or a consent to any subsequent breach of the same or any other provision hereof. Any and all waivers by Bid the Cow of any of its rights hereunder shall be in writing and executed by a duly authorized officer of Bid the Cow.

These terms are effective August 21, 2009, for current users, and upon acceptance for new users.

Seller's Obligations

Seller shall use good faith efforts to promptly fulfill all terms and conditions hereof, including but not limited to, fulfillment of Buyers' purchase merchandise upon the close of the auction.

Seller's use of Bid the Cow shall be at the Seller's own risk and the Seller acknowledges that services provided by Bid the Cow shall be provided on an "as is, where is" and "as available" basis without any warranties or covenants.

Seller acknowledges that from the amount paid by Buyer to Seller for the purchase of the auction items, Bid the Cow shall be paid a fee equal to eight (8%) percent of the auction's agreed upon purchase price. This fee shall be directly debited from the Seller's account at any time after the forty ninth (49th) hour after the close of the auction, which account Seller shall identify to Bid the Cow and provide Bid the Cow account and debiting instructions and permission.

Seller acknowledges that any arrangements relative to the payment by a Buyer for merchandise purchased via a Bid the Cow auction shall agreed upon by the Seller and Buyer and that Bid the Cow shall not be a party to such arrangements.

Seller acknowledges that any disputes as to the purchase and sale of the auction items shall be exclusive to the Buyer and Seller and that Bid the Cow shall (i) not be a party to any dispute, nor have any liability relative thereto; and (ii) the fee paid to Bid the Cow shall not be affected by any dispute by and between the Buyer and the Seller.

Seller shall be responsible for the payment of all applicable sales, use and other taxes and government charges, whether state, local, federal, or foreign, for each sale consummated via the Website.

Seller shall be responsible for all content including but not limited to, data, graphics, photos, and links, that are uploaded to Website by the Seller.

Seller agrees that it shall not transmit any viruses, worms, or any other code which may cause damage to the Website and/or any other users' equipment.

Seller acknowledges that Bid the Cow may, in its sole discretion, remove content which Bid the Cow determines, in its sole discretion, is offensive, inaccurate, unlawful, violates any party's intellectual properties, or is otherwise objectionable, or violates any of the terms of these Terms of Use.

Seller agrees that it will not reproduce, duplicate, copy, sell, resell, or exploit the work product or intellectual property of any other person or entity.

Seller agrees not to sell or any other way disseminate the information of any Buyer or Seller to any third party companies, including but not limited to names, email addresses, physical addresses, and telephone numbers. Seller shall be solely responsible for ensuring that any and all items posted on the Website for auction are compliant with all state, local, federal, and international laws.

Should Bid the Cow determine, in its sole discretion, that the content of a product or listing is prohibited, potentially illegal or inappropriate, or in violation of any law, Bid the Cow reserves the right to immediately remove or alter same.

Buyer's Agreement

Buyer may use the Website and the content contained thereon for its intended purpose and no other.

Buyer agrees that it shall not hold Bid the Cow or any party affiliated with Bid the Cow liable for any action, or inaction of any Seller or any other user of the Website or with respect to goods or services that may be purchased via a Bid the Cow auction.

Buyer acknowledges that Bid the Cow is a marketplace that permits users to offer, sell, and buy products and services and that Bid the Cow is not a party to any auction, nor any transaction by and between a Seller and a Buyer.

Buyer acknowledges that Bid the Cow does not control the ownership, quality, safety, pricing, content, or legality of any aspects of any product being sold on the Website.

Bid the Cow does not prescreen nor warranty any goods, services, or the content of information provided by any Seller.

Buyer acknowledges that any arrangements relative to the payment by Buyer for merchandise purchased via a Bid the Cow auction shall agreed upon by the Seller and Buyer and that Bid the Cow shall not be a party to such arrangements.

Bid the Cow requires that all payments made relative to a Bid the Cow auction shall be made within twenty four (24) hours after the close of the auction.

Buyer acknowledges that any disputes as to the purchase and sale of the auction items shall be exclusive to the Buyer and Seller and that Bid the Cow shall (i) not be a party to any dispute, nor have any liability relative thereto.

Buyer agrees to indemnify and hold Bid the Cow, its officers, directors, agents, employees, affiliates, and any other person representing Bid the Cow harmless from any claim or demand, including attorney's fees and court costs, made by a third party due to or arising out of the information submitted by any Buyer.

Bid the Cow shall have no liability whatsoever for amounts charged by Sellers in shipping goods to Buyers. The amount of shipping and administrative charges charged by a Seller is a matter to be determined by a Buyer and a Seller.

Copyright (c) 2013 Bid Cow.
All rights reserved. Reproduction in whole or in part in any form or medium
without express written permission of Bid Cow is prohibited.