The following is a legally binding contract between Bid Ninja LLC, owner of http://bid-ninja.com, hereinafter referred to as “Company” and you the user, hereinafter referred to as “Customer”. This contract reviews Customer’s rights to the use of and access to Company’s software application and the data contained therein, hereinafter referred to as “Product”. Your use of the Product constitutes your agreement to the below terms and conditions. BY ACCESSING THE PRODUCT, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS COMPANY MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT. COMPANY AGREES TO GRANT, AND THE CUSTOMER OF THE PRODUCT AGREES TO ACCEPT, A NONEXCLUSIVE LICENSE TO USE THE APPLICATION UNDER THE FOLLOWING TERMS AND CONDITIONS. THE PRODUCT IS LICENSED TO YOU IN BROWSER-BASED FORM ONLY. THIS IS A LICENSE AGREEMENT AND NOT AN AGREEMENT FOR SALE.
Except as is otherwise specifically provided herein, this License permits you only to access the Product on your browser from a computer that is owned, leased, or otherwise controlled by you. You may not share materials that you have searched, viewed or browsed from with any third party. The Customer of the Product shall be subject to all of the terms of this License Agreement, whether or not the Customer was the purchaser.
2. Use and Resale Prohibitions
The Product is copyrighted under the U.S. Copyright laws and Company owns the copyright to the Product. Other than as stated in this License Agreement, you may not copy, print, modify, remove, delete, augment, add to, publish, transmit, sell, resell, download, create derivative works from, or in any way exploit any of the Product, in whole or in part, and you may not aid or permit others to do so. The unauthorized use or distribution of copyrighted or other proprietary content is illegal and could subject the purchaser to substantial money damages. Customer will be liable for any damage resulting from any violation of this License Agreement, including any infringement of copyrights or proprietary rights.
3. No Transfer
This license is not transferable by the Customer unless such transfer is approved in advance by Company.
Product is designed to provide accurate and authoritative information in regard to the subject matter covered. Company does not guarantee that the information contained within the Product is error-free or warrant that the Product will meet your requirements or that the operation of the Product will be uninterrupted or error-free. The Product is provided as is without warranty of any kind, either express or implied or statutory, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the results and performance of the application is assumed by you. In no event will Company be liable for any damages, including, without limitation, incidental and consequential damages and damages for lost money arising out of the use of the Product or the inability to use it. The entire liability of Company shall be limited to the amount actually paid by you for the license.
5. General Coupon and/or Sale Terms of Service
- Coupons and Sales are valid for limited periods only. Bid-Ninja reserves the right to modify or cancel any coupon or sale at any time.
- Customer’s account must in good standing at time of coupon use.
- Coupon codes are non-transferable.
- Coupon offers will not be valid until applied to the qualifying item(s).
- Use of any coupon or sale price implies you have read, understand, and agree to all of above terms.
6. Additional Terms of Service for Specific Coupon Codes and Sales
- Coupons above may only be used by Bid-Ninja customers with at least one existing Bid-Ninja recurring monthly, quarterly, or yearly subscription, as of September 8, 2016.
- Coupons above apply only to “additional” recurring subscriptions.
- The discounted recurring rate for additional Bid-Ninja subscriptions will be valid as long as all existing subscriptions, as of September 8, 2016, also remain active. If you cancel an existing subscription, all new discounted subscriptions will also be cancelled.
7. Bid-Ninja Penny Sale Terms of Service
- For New Bid-Ninja Customers, only. A new customer is defined as someone who has not had a paid Bid-Ninja subscription within 90 days prior to using the coupon code or sale price.
- The price for each subscription is just ONE PENNY for the first five days, after which you will be re-billed at $39.99 per month for each subscription, until canceled (see how to cancel my Bid-Ninja paid subscription here).
8. Bid-Ninja Rollback Pricing Terms of Service
- For New Bid-Ninja Customers, only. A new customer is defined as someone who has not had a paid Bid-Ninja subscription within 90 days prior to using the coupon code or sale price. This term of service may be waived if a customer would like to purchase a second bundle at the “Rollback Pricing.” For example, if a customer is subscribed to a bundle to Bid-Ninja for QuiBids and would like to add a bundle to Bid-Ninja for DealDash, he/she may do so at the “Rollback Pricing.”
- The price for the “Rollback Bundle” subscription is just $49.99 per month until canceled (see how to cancel my Bid-Ninja paid subscription here).
9. Contest: WIN BEFORE THE HOLIDAYS!
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
WIN BEFORE THE HOLIDAYS! (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Bid Ninja, LLC and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
The Contest is sponsored by Bid Ninja, LLC, located in New York, New York.
3. Agreement to Official Rules
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Contest Period
The Contest begins on November 24, 2017 at 12:00 am ET and ends on December 15, 2017 at 11:59 pm ET (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods:
5. How to Enter
Online: This method of entry will be available by visiting www.https://pages.viral-loops.com/Win-Before-the-Holidays, and following the directions provided to fill out the entry information, and submit.
Limit one (1) entry per person, per email address, and per household for the duration of the Contest Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the property of Sponsor and will not be acknowledged or returned.
6. Prize Drawing
On or about December 16, 2017, the Sponsor will select potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via telephone or email on or about December 16, 2017. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select alternate potential winners in his/her place at random from the remaining non-winning, eligible entries.
7. Winners Notification
The potential winners will be notified by email. Each potential winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prizes will remain un-awarded. Prizes will be fulfilled approximately one week after the conclusion of the Contest.
8. Prizes (electronically delivered)
1. $50 Amazon Gift Card
2. $50 iTunes Gift Card
3. $50 Target Gift Card
9. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than New York.
10. Your Use of the Application Constitutes Your Agreement to the Above Terms and Conditions.