Bidwell.auction

Terms of Service and Use Policy

April 6, 2021

Welcome to Bidwell.auction. There are several online auction sites you or your organization could have chosen from, but you decided on Bidwell.auction. Thank you! Now it's up to us to earn your trust and business.

Overview: What is the Bidwell.auction Terms of Service Agreement?

1. A Terms of Service Agreement is mainly used for legal purposes by companies that provide software or services, such as web browsers, e-commerce, web search engines, online auctions, and other cloud base internet services. Terms of Service is commonly abbreviated as TOS.

2. This TOS agreement is a legally binding agreement between Bidwell.auction and users of this site and governs the relationship between Bidwell.auction, ("we," "our," or "us" as well as third party affiliates and their personnel) and the users of this site, including buyers, bidders, donors, individuals, and organizations. As the ever-changing world and regulatory events occur, we may change and or amend our TOS in order to say in compliance with changes in the law and/or best business practices. When we do make changes to our TOS, the revised TOS will be posted on Bidwell.auction's website.

3. Bidwell.auction can enforce our TOS by refusing service to individuals and organizations who fail to use our site as required by these TOS. Users of Bidwell.auction can enforce these TOS by filing a lawsuit or arbitration cases if they can show they were actually harmed by a breach of these TOS. Bidwell.auction has developed a suite of security protocols that use the best commercially reasonable security processes that protect customer data. However, as is true for all internet-based businesses, and despite all the best security efforts, there is always a risk of data going astray during corporate changes, including mergers, divestitures, buyouts, downsizing, etc., when data can be transferred improperly.

4. By using or accessing Bidwell.auction services, you and/or your organization have, by your actions, accepted and agreed that you have read and understood our TOC. It is the responsibility of all users of Bidwell.auction to know and understand these TOS and conduct their actions in accordance therewith. If, after reading our TOS, you do not agree with these TOS, do not use Bidwell.auction services.

Data Use and Ownership:

5. While Bidwell.auction administrators have employed and installed commercially reasonable data privacy protocols, by using this website, users have agreed that the data they create on this site, including personally identifiable information, remains the property of Bidwell.auction. As such, Bidwell.auction reserves the right to monitor our systems and its users, network traffic and conduct maintenance on network systems to ensure compliance with our TOS and Privacy Policies.

Recommend Account Security:

6. Bidwell.auction administrators highly recommend that all authorized uses not share their passwords or accounts. Users of our service are solely and legally responsible for the security of their passwords as well as their negligent security protocols.

Prohibited Use:

7. The Bidwell.auction website and associated services may be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by trademark, trade secrets, copyright, or other intellectual property right owned by another person or entity used without proper authorization, and all materials that fall within the current legal definition of obscene, or is defamatory or constitutes an illegal threat, or violates export control laws.

System and Network Activities:

8. THE INDIRECT, INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND/OR THE ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD-PARTY USERS, ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED A MATERIAL VIOLATION OF BIDWELL.AUCTION'S POLICY BY SUCH CUSTOMER OR END USER.

Violations or attempted violations of Bidwell.auction's systems or network securities protocols are prohibited, and Bidwell.auction reserves the right to seek criminal and civil liability against those who violate our systems and network securities. Bidwell.auction, at their discretion, will investigate incidents involving such violations and will cooperate with law enforcement agencies if a violation of state or federal law is suspected. By way of a non-exclusive list of examples of system or network security violations, including but not limited to the following: (1) Unauthorized access to or use of data, systems, or networks. This includes any attempt or intent to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.; (2) then unauthorized monitoring of data or traffic on any of Bidwell.auction's network or system; (3) any intentional Interference with service to any of Bidwell.auction's users, host or network including, without limitation, deliberate attempts to overload a system by mailbombing; (4) falsifying or counterfeiting of any Bidwell.auction headers or any part of an email or a posting; (5) any attempts at exporting software, protected technical information, encryption software, or technology relating to the same, which would be in direct violation of international or export control laws of the United States; (6) any delivery of unsolicited email mail messages, or texts, including commercial advertising and announcements, is prohibited; (7) any use of another's bidwell.auction's mail server to relay mail; (8) offering or enabling access to Bidwell.auction's software products that enable the sending of unsolicited e-mails or offering for sale the assistance to assemble multiple e-mail addresses; (9) any multiple posting of the same or similar message to one or more newsgroups (cross-posting or multiple-posting, also known as "SPAM") is prohibited, including the introduction of viruses, worms, Trojan horses, e-mail bombs or other similar malicious programs into the network or server is prohibited; (10) attempting or execution of any and all security breaches or disruptions of Bidwell.auction's network communication, including, but not limited to, accessing data of which the individual or organization was not the intended recipient or the logging into a server or account to which the individual or organization has not expressly granted its authorization for access. By way of a non-exclusive list of examples of prohibited conduct of this section, includes network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes; (11) the evading or attempts to defeat the user authentication protocols or the digital security of any host, network or account.

Enforcement:

9. After an investigation, any user found to have violated this policy, may be subject to account suspension, and/or termination.

Applicable Law:

10. The above-referenced Terms of Service (TOS) shall be governed by and construed in accordance with the laws of the State of Kansas, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. By using the Bidwell.auction website, you/user agrees to submit to the personal and exclusive jurisdiction of the state or federal courts located in Sedgwick County, Kansas, designated to be the proper jurisdiction and venue for any suit or action arising out of this TOS.

Changes to this Acceptable Use Policy:

11. Bidwell.auction reserves the right to modify, change or amend the provisions contained in the above-referenced Terms of Service policy at any time and for any reason. If there are material changes to this statement, Bidwell.auction will post notices on its homepage at www.bidwell.auction.

12. Single and Recurring Donations. If a donor wants to a give a single donation, they can do so by clicking the donate button on Bidwell.auction's website. Bidwell.auction's website and the corresponding Terms of Service allows you to submit your donation with or without the need to bid on any particular item. If a donor wants to a give series of donations, over time and on a
schedule, that is a recurring donation and this website and its Terms of Service also allows you to submit your recurring donation with or without the need to bid on any item. Bidwell.auction let's you define your recurring donations by specifying the amount of the donation, the number of regular installments, over the period of time you choose. These recurring donations will
continue to be received until you send Bidwell.auction written notice by mail or email that you wish to close or terminate the recurring donation, or by manually cancelling the recurring donation from your account, under the subscriptions tab.