Terms & Conditions

I. Overview

The following Terms and Conditions shall govern exclusively the business relationship between LowerMyBid.com (LMB) and it's web sites and the users (the user). By using any services of LMB, the user accepts the following Terms and Conditions.
Any variation of those Terms and Conditions shall be binding only if confirmed in writing by LMB

II. Eligibility

By registering on LMB, the user declares that they are at least 18 years old and legally capable of entering into binding contracts. Commercial resellers, employees and relatives of employees of LMB are not eligible to participate in LMB's auctions. LMB reserves the right to cancel their account at any time.
Users must register a valid physical address, no PO Box are allowed. The only exception is for military personnels and only for the shipping address.

III. User account

During the registration process, a user name will be allocated. The user can at his convenance change its user name to it's taste. The user name will be published when you are an auction winner either final or during the auction, then do not use personal information for your user name. The user name must not be selected to deceive or mis-inform other users, may not be offensive neither offend common decency or infringe the rights of third parties (trade marks etc..). A user account is for the exclusive usage of the user, account are not transferable and shall not be shared with anybody. The system stores the passwords in a such strong encrypted way that no password cannot be retrieved from the database, only the user know it and he shall protect his password and not communicate it to any person. The user shall be liable for any activities that are undertaken using the account. The set up of multiple user accounts by the same individual is not authorized. Any abuse or infringement of any law or action that is detrimental to any third party or LMB shall result of the terminaison of the user account, the withholding of any deliveries and any refund, at the sole discretion of LMB.

IV Bid points

To place bids, a point system is in place and the user must have points in his/her account. Each auction can have a different number of points to place a bid, in addition, the number of points to place a bid can change during an auction (less points at the beginning to favor early bidders). The number of points to place a bid and its eventual variation are set before an auction starts and will not change during the auction process.

The points must be fully paid to be valid. The paid points are called “paid points” Another way to obtain points is by referring friends and to participate also in our promotions, those points are the “free points”. A double accounting is performed and paid points are used before free points. Points are not refundable and cannot be used to pay for the auction price and/or shipping.

V Promotions & specials

LMB from time to time proposes promotions and specials (“specials”) witch are only valid during the advertised period and /or quantities. All specials are only valid when published in writing on LMB web site and/or on emails sent by LMB. Referrals, sign up, first order's free points are part of specials. All specials can be interrupted even before the end of the advertised period at LMB's sole discretion.

VI How works the auctions

The auctions must be conducted in a fair environment and the use of bidding software is not authorized. LMB reserves the right to limit the number of auctions and the number of bids the user can make on any single auction at its sole discretion in order to protect the right of the other users and LMB.
Range bidding can be limited to a minimum and/or maximum numbers of bids.

The auctions have general rules that are details in the “How It Works” document. This document is accessible from the “how it Works”menus and is integral part of our Terms & Conditions. By accepting LMB's Terms and Conditions, you agree that you have read and understand the “How it Works” document. Each auction can, in additions to the general rules, have it's specific rules. All parameters for each auctions and it's eventual specific rules if any, are set in advance before the auction starts and will not change during the course of the auction.

If for technical reason and/or any other reason an auction must be stopped before it's conclusion, any bids will be credited back into the bidders account.

Each bid is recorder in LMB's databases and the winner is determined based on LMB's databases records.

Any bidding strategies and advices published by LMB in the “how it Works” page, blog, FAQ and/or any written material are provided solely as suggestions and are not intended to be relied upon. LMB is not responsible for any action taken by any person having read and/or being told about such written materials.

VII System outage, temporary halt

A system outage is the impossibility or disruption of the bidding process due to an unforeseeable event. In such case the auction can be cancelled and all bidders account will be credited, or most probably the auction will be frozen and all parameters (winning bid, time remaining etc..) will be maintained. Additional time can be added to the auction depending on the duration and severity of the outage. The additional time will be published in advanced before the auction restart.
Some auctions could be temporarily halted, in that case the halt will be clearly and prominently indicated on the auction information page. Bids placed in an halted auction will not bee taken into consideration and will not be valid. If bids are placed on an halted auction, those bids shall not be credited back to the user's account and the user shall nor be eligible for any refund and/or compensation.
LMB relies on technologies (computers, software, data center, network etc...) wich are presumably reliable, but cannot be guaranteed to be running and error free 100% of the time. Therefore, LMB shall not be liable for any damage incurred by any person or third party. In particular, LMB shall not be liable for any damage that incur due to submitted bid not arriving, arriving late and /or not correctly interpreted due to a technical problem.

VIII Auction winner / payment

The winner after the end of an auction must confirm his/her will to take delivery of the auction item and pay for the auction price and the shipping cost. All information will be displayed in the winner account. The winner has 21 days after the end of an auction to execute the auction contract (confirm and fully pay). If an auction contract is not executed (confirmed and fully paid) during the 21 day period, LMB reserves the right to withdraw for concluding the contract, and in such case the winner right to fully pay and get delivery of the item are voided, all the bids that were placed on that auction becomes expired and are not refundable. A confirmation of the executed contract will be sent to the winner to the address on records on the user account in LMB database.

IX Delivery requirement

No item will be sent until they are fully paid (including shipping cost) and the bids used for any auction qualified as paid bids in the user account are fully paid for. Any points with a paiment charged back or disputed are considered not paid. Any dispute must be fully resolved before any item are shipped. LMB reserves the right to apply any paiment first to the unpaid points used for any auction, then apply the remaining portion if any to the won item including the shipping costs. LMB reserves the right to retain the purchased item and charge reasonable storage fees until points, item's price including shipping cost and eventual storage fees are fully paid.

X Returns

Any order can be cancelled by the user during a period ending 15 days after the user receive the goods or a notification that the goods are ready for pickup. The only exception to this provision is for softwares, games audio and video recording that has been unsealed; those items are not returnable.
In the case of cancellation, the user is entitled to a refund for the price paid for the auction. The points used to bid are not refundable.
The decision by a user to cancel the contract must be done in writing by email sent to: contact@LowerMyBid.com or letter sent to our mailing address. Instruction for the return will then be provided alongside a return number.

For cancellation shall be valid and consumed, the goods shall be returned in good conditions, in the original packaging, complete with all the accessories, cables and notices. The cost of postage for the return shall be fully paid by the user, unless the goods are found faulty; in such case, the postage shall be pre-arranged with the customer service department. In the case of insufficient postage, or for any other causes, if LMB inure any cost, those costs shall be deducted from the refund to the user.
In the case of damaged goods, packaging and/or missing parts, LMB shall be entitled for a compensation and the refund shall be reduced proportionally.

Once the return is organized, the shipping of the goods must occur within 5 days.

XI Shipping and deliveries

We deliver solely within the 50 states, shipping cost and delivery time should bi higher for Alaska and Hawai. We do not deliver in the US sovereign territories (Guam, Porto Rico and the Virgin Island).

LMB reserve the right to deliver from our facilities, the manufacturer, distributor and/or any third party at LMB's discretion. Delivery time vary and any given time frame is only indicative and shall not engage LMB.

Should LMB not be able to deliver the good of an auction, LMB shall be entitled to substitute the good with a remplacement product comparable with the same or superior features or provide a refund to the user, of the auction price paid at user discretion.

XII Advertising

LMB reserves the right use any winning auction to advertise. LMB will use the user name or screen name in the advertising without having to ask the user for consent, therefore it is recommended not to use private information for the user name. Any winner can be asked to participate in adds and/or testimonial, LMB in this cas will ask consent for any private information used. In the case of big items winner, it could be mandatory for the user to participate in the advertising campaign, when this is the case, this will be disclosed in the auction details and then be integral part of the auction contract.

XIII Service and support for the products, warranty and limitation of liability

All request for service and /or support shall be directed directly to the manufacturer in accordance ti their terms and conditions.

All new products are sold directly or via auctions with the manufacturer's limited warranty only. The warranty period vary depending of the product and the manufacturer. Any used or refurbished product are excluded from any warranty unless they still carry a portion of the manufacturer's warranty, but LMB do not provide any warranty. The only warranty that LMB is providing is that the specification of the products correspond to the description of each auction, LMB provide no further warranty.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE LMB MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY LMB OR ANY OR ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY AUCTION PURCHASE AND /OR ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
LMB SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER USER, HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY LMB. IN NO EVENT SHALL LMB BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

XIV Disclaimer

BY REGISTERING AND/OR USING ANY LMB'S INTERACTIVE WEBSITE AND/OR PUBLICATIONS, THE USER AGREES THAT IT IS ITS SOLE RISK AND LIABILITY. THE USER AGREE TO HOLD HARMLESS OF ANY LIABILITY LMB, LMB'S CONTRACTORS, SUBCONTRACTOR, CONTENT PROVIDERS, LICENSORS AND ANY OF THEIR EMPLOYEES, DIRECTORS, MANAGERS. LMB'S WEBSITES AND PUBLICATIONS MAKE USE OF COMPUTER, SOFWARES, NETWORK, PROVIDERS, 100% UPTIME AND ZERO ERROR IS IMPOSSIBLE, THEN LMB MAKES NO REPRESENTATION PERTAINING TO THE RELIABILITY AND DISPONIBILITY OF ANY OF ITS WEBSITES, INTERACTIVE AUCTION SYSTEMS, PUBLICATIONS. THE SERVICE IS PROVIDED AS IS TO THE MAXIMUM EXTEND PROVIDED BY LAW. LMB DISCLAIM ALL LIABILITY TO ANY DAMAGES DUE TO ANY INTERRUPTION, DISCONNECTION, DISRUPTION OF SERVICE, ERROR, NON CONNECTIVITY, DALAYED ORDER/BID PLACEMENT, DELAY OR INTERRUPTION IN THE TRANSMISSION, MISINTERPRETATION, OVER-BIDDING. LMB MAKE NO WARRANTY AND DICLAIMS ALL LIABILITY FOR THE MERCHANDABILITY END/OR FITNESS AND/OR PERFORMANCE OF ANY PRODUCT OR SERVICE SOLD DIRECTLY OR BY AUCTION ON ANY OF ITS WEBSITES AND/OR PUBLICATIONS. LMB IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS.
USER ACCOUNT AND ACCESS ARE SOLELY FOR THE REGISTERED USER, THE USER IS RESPOSIBLE TO KEEP SECRET AND NOT COMMUNICATE HIS/HER PASSWORD AND IS REPONSIBLE FOR ANY WRONGDOING, ILLEGAL ACCESS THAT OCCUR ON HIS/HER ACCOUNT. USER PASSWORS ARE CRYPTED AND CANNOT BE REVERSED, NO EMPLOYEE OF LMB WILL ASK YOU FOR YOUR PASSWOR. A TEMPORARY PASSWOR CAN BE GIVEN TO THE USER, IT IS THE USER RESPONSIBILITY TO CHANGE IT AS SOON AS POSSIBLE.
LMB DISCLAIM ALL LIABILITY DUE TO THE ACTION, CONDUCT, LANGUAGE OF OTHER USERS, THIRD PARTY PROVIDER, AFFILIATES.
THERE IS NO WARRANTY PERTAINING TO THE RESULTS, PRICE OF THE AUCTION, USE OF INFORMATION. THE USER MUST MONITOR HIS/HER BID PLACEMENT AND ACTIVITIES. PLACING FREQUENT BID CAN INCURE HIGH COSTS. THE USER MUST MONITOR HIS/HER POINTS CONSUMPTION AND PURCHASE. LMB DISCLAIM ALL LIABILITY FOR USER BIDDING ACTIVITY.

XV External links and third parties

LMB web sites and publications may content links to third parties web sites and publication. And can be linked by third parties web sites. LMB has no control over the content and links of third parties web sites and publications, then LMB shall not be responsible for the content, data collection, privacy policies and links of third parties websites and/or publications.

XVI Trademarks

LowerMyBid and LowerMyBid logo are a trademarks of LowerMyBid LLC, all rights reserved. All other trademarks appearing on LowerMyBid websites and/or publications are the property of their respective owners.

XVII Copyright and content

LMB websites and publications and the material published on them as well as the auction model are protected by international copyright laws. Only one copy of any content of LMB copyrighted materials are allowed for reference. No alteration or whatsoever modification of printed or any digital material from LMB's websites and/or publications are authorized as well as any commercial use unless authorized in writing by LMB.
LMB relies on third parities for pat of its content, and ains to have the right to use the maerial on its websites and or publications. If you encounter any copyright concern, please contact us immediately, LMB will remove immediately any copyrighted material upon notification.

XVIII Arbitration of dispute

LowerMyBid is governed by the laws of the state of Florida and the United States Of America. By registering and/or using LowerMyBid's websites and/or publications you hereby agree to submit any dispute or controversy, at law or in equity, to arbitration under the Rules of the American Arbitration Association. Said dispute shall be heard in the county of Miami-Dade in the state of Florida. The prevailing party shall be entitle to legal costs, arbitration costs and arbitrator's fees. Attorney's fees may not be awarded by the arbitrator, but in the event that legal action becomes necessary to confirm and collect the award of the arbitrator, the prevailing party in arbitration shall be entitled to reasonable attorney's fees for post-arbitration action. Judgement upon the award rendered by the arbitrator may be entered in any court having juridiction thereof.
BY USING LOWERMYBID'S WEBSITES AND/OR PUBLICATIONS YOU ARE AGREEING TO HAVE ANYDISPUTE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY FLORIDA STATE LAW. YOU ARE GIVING UP ANY RIGHT YOU MIGHT POSSESS TO HAVE THE DISPUTE LITTIGATED IN A COURT OR JURY TRIAL, AND ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMITT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE JUDICIALLY COMPELLED TO ARBITRATE.YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

XIX Amendment of the terms and conditions

Market conditions, innovations, new technologies, fraud fighting and regulations change over time, then LMB reserves the right to ammend or modify the terms and conditions from time to time as it see fits at its sole absolute discretion for any reason. In case of modification of the terms and conditions, LMB will published the new conditions on its websites, the previous terms and conditions will be archived for reference and will apply to any auctions and auction completion (payment, deliveries) started before the application of the new terms; the new terms and conditions will apply to everything else. If a change in law or an amendment is required by law and/or government authorities, in that case, the changes are applicable immediately to every user, auction, content.

XX Binding contract

Those terms and conditions represent a binding contract between LMB and the users of its websites, publications and those of its affiliates and/or subsidiaries. They consist with the “privacy policies” and “how its works” document the only set of rules and agreement of the parties and supersede any previous oral and writing agreements. The headings and sections in those three documents shall be for convenience and navigation, and shall not be constructive of any legal import. LMB is regulated under the law of the state of Florida and if there is any conflict between the law and this terms and conditions and any associated document, Florida's law shall prevails and any conflicting part of this document shall be considered voided by Florida's law.