CHECKED & GUARANTEED
by Highbids Certified Inspection Program (CIP)
Auction Site User Agreement :
The Highbid.CO Inc website is a BULLETIN BOARD for posting you items to sale or to buy. The following Site User Term and Conditions govern the use of the Highbid.COmpany website. For all users contracting with Highbid.COmpany, INC a Delaware Corporation and referred to as Highbid. Highbid.COmpany, INC. reserves the right to modify, delete or add to any of the rules, policies, terms and conditions at any time and at Highbid.COmpany, INC.'s sole discretion. Changes will be effective immediately upon the posting of the revisions on the Highbid.COmpany, INC. site. Users accept full responsibility for reviewing all changes posted to the Highbid.COmpany INC. site. Changes may be posted without notice. If you do not agree to any changes to your user agreement, you should not buy and/or sell on the Highbid.COmpany, INC. site. You agree the www.highbid.co or Highbid. COmpany, INC is providing a service between the Seller and the Buyer and that Highbid. COmpany, INC does not own or sell equipment. The BUYER agrees he is dealing and buying from the SELLER. The BUYER agrees he is responsible for any and all sales, use taxes, VAT and any other and all expenses related to the deal. If the BUYER and SELLER are in the same state then the BUYER will be responsible for paying sales tax to the seller. If the BUYER has a tax exemption certificate then he must present it prior to bidding or with the payment to HIGHBID.COmpany, INC. ALL funds will be paid to HIGHBID. COmpany, INC by wire transfer including all fees within 3 business days of the closing bid. Highbid will pay the seller and issue a release so the BUYER can pick up his purchase. Your use of the Highbid.COmpany, INC. site will be viewed as your acceptance of this User Agreement and all the terms and conditions set by Highbid.COmpany, INC. For questions or concerns contact firstname.lastname@example.org. CAPACITY TO CONTRACT. The use of the Highbid COmpany site is available to all persons of LEGAL AGE or businesses that can make legally binding contracts. If you are suspended from use of the Highbid.COmpany site you shall not use the site. REGISTRATION. Registration is required to use or enter the Highbid.COmpany site. Highbid. COmpany reserves the right to refuse the use of the site to anyone for any reason. By registering with the Highbid. COmpany site, you agree to comply with all the TERMS and CONDITIONS, Buyers and Sellers Terms and Condition Companys. LOGIN and PASSWORD, You are responsible for the protection of your login and password. You are to notify Highbid.COmpany INC immediately of any use by anyone other than you. USER RESPONSIBILITIES. You agree to comply with all laws, ethics and responsibilities in the use of Highbid.COmpany site.
SELLER TERMS and CONDITIONS
Having an account on Highbid.COmpany, INC. is free. Highbid.COmpany, INC. does offer an optional Client Category for businesses, states, cities and counties for Users who have qualified. If interested please call 417-221-6666 A Seller that lists and sells at auction understands that they are entering into an enforceable contract with the Buyer. A Buyer that posts a winning bid is entering into a binding contract that they will buy a specific item from the seller, along with the quantity and price entered plus any buyer’s fees and/or TAXES. Seller agrees to disclose any LIENS or ENCUMBERS with the CONTACT info of the lien holders. Highbid INC will disperse from funds received from BUYER to satisfy any and all liens. If the sales price does not leave enough funds after Highbid has deducted all fees and taxes the SELLER agrees they will immediately fund to Highbid the amounts to satisfy the Liens. Any disagreements to the amount to satisfy the lien are between the seller and the lien holder(s). At Hghbids discretion Highbid shall run lien searches at the seller’s expense. If there are any types of judgments, IRS, Government or any other the SELLERS will satisfy all prior to receiving any funds from sales proceeds. Sellers are to provide to Highbid all Titles, bill of sale and original invoices prior to commencement of sale. Sellers understand and agree that: • All sales that occur on Highbid.COmpany, INC. site are a contract between Buyer and Seller. Highbid.COmpany, LLC. is in no way responsible or liable for the transaction or any part, information, descriptions, warranties or any other information. Highbid. COmpany, LLC is only providing a service between the Seller and the BUYER. • Transactions occurring over the Internet involve an inherent risk. Sellers can mitigate risk with delivery confirmation and/or insurance. • Sellers are solely responsible to accurately describe the items that they are selling or use the Highbid Certified Inspection Plan CIP an option for the buyer to provide at the buyers expense. • All sales are processed through Highbid.COmpany, INC. and the Seller does not and will not collect from or sell directly to the Buyer. • Users are prohibited from using Highbid.COmpany, INC. for promotional use of a competitor or their own company, business or personal interest. This includes a User’s name on the site as well as materials sent to a Highbid.COmpany, INC. Buyer through the mail, phone, fax and/or by email. • Accounts that have not had any activity within the last 18 months will be changed to an inactive status. • Seller agrees that when the equipment is listed on the HIGHBID SITE it will remain there for the term of the listing and is not to be sold by any other means. If a sale occurs outside the auction then the seller agrees to pay Highbid all fees they would have been due Highbid if the item had sold on the Highbid site. • The Site is only an online service for BUYERS and SELLERS to sale and buy equipment by means of bidding to purchase Equipment. Any agreements made by SELLER and BUYER with any party outside of Highbid.COmpany, INC are between those parties. Highbid.COmpany, INC is not a party to any transactions on equipment listed on the site and makes no WARRANTIES it has title to or possesses Equipment listed on the site. • Highbid will be the final decision to the winning bidder and final sales price. Highbid does not make, guarantee or promises that bids placed on the site will be handled in a timely manner.
BUYERS TERMS and CONDITIONS
Buyers understand and agree that: • Purchasing an item is a contract between the Buyer and Seller. Highbid.COmpany, INC. is not responsible for the condition and delivery of the item(s) purchased, • All buyers are responsible to make their own inspection or hire the local dealer to inspect for them. ALL BIDS are final and binding and cannot be retracted. • BUYERS are responsible for ALL TAXES of any kind.Highbid CO.mpany does NOT collect TAXES of any type and the buyer is responsible for any and all taxes, State, Federal, Sales, or any othere type of TAXES known or unknown.• A Buyer Transaction Fee will be added to each piece of Equipment purchased by the BUYER. • BUYER shall remit full payment for all purchases within 3 business days following the close of the auction. All payments are to be made by Bank Wire Transfer. • BUYER to take delivery from SELLER within 10 business days following the close of the sale. After 30 days BUYER will be given notice that the equipment is considered abandoned and will be disposed of. • Buyer is responsible for any and all expenses including Title Transfer, freight and any other related cost. • Constructive receipt will be when the buyer has taken ownership upon payment. • Dispute claims under the Certified Inspection Plan must be submitted in writing prior to Constructive Receipt.
CERTIFIED INSPECTION PLAN (CIP)
Highbid COmpany, INC’s Certified Inspection Plan is intended to only be a guide line and not done by professional inspectors. See CIP at bottom of Terms and Agreements. • Posting a winning bid is a contract to purchase an item at the quantity and price of the bid made. Funds are necessary to cover the posted offer by either having enough funds in the buyer's Highbid.COmpany, INC. account and/or a Bank letter of credit on file. • All payments made on Highbid.COmpany, INC. are processed by Highbid.COmpany, INC. and not directly with the Seller. In the event that a Buyer does not have enough funds in his or her Highbid.COmpany, INC. account, they may use a Bank Wire Transfer to fund their account ONLY when they are making a purchase. The Buyer understands that in the case of a dispute concerning the item that he or she purchased on the Highbid.COmpany, INC. site, his or her dispute can only be made with Highbid.COmpany, INC. If a Buyer does not agree to this term, they must then only fund their account through sales, or depositing funds into his or her Highbid.COmpany, INC. account by wire transfer. • Accounts that have not had any activity within the last 18 months will be changed to an inactive status. See Additional Terms below for more information.
In the event that a Buyer's dispute is accepted, he or she thereby consents to have the transaction reversed by the Seller. The Buyer must return the item in the same condition and in a timely manner. All Users agree to binding third-party arbitration or mediation of any and all disputes arising from the sale of merchandise through a transaction via Highbid.COmpany, INC site.
Users may not list or describe any item, link or post any related materials, or purchase any item that is or is alleged to be (1) an infringement of any third-party intellectual property rights (including copyrights, trademarks, patents, trade secrets), or other proprietary rights (Including rights of publicity, privacy, moral rights); (2) counterfeited, illegal, stolen, or fraudulent; (3) pornographic, derogatory, offensive or insensitive to any user's religious beliefs, national origin, race or gender, or (4) not lawful to offer for sale (5) We do not allow the listing of any firearm or weapon.
RESERVATION OF RIGHTS
Highbid.COmpany, INC. reserves the right to immediately cancel any transactions and/or listings with or without notice. Highbid.COmpany, INC. may restrict user access from using its services or take other action to restrict access or availability of material if said user is found to be in violation of terms relative to any inaccurate listing(s), presentation of unlawful items, or items of which ownership is disputed or questionable.
INTELLECTUAL PROPERTY RIGHTS
Highbid.COmpany, INC. is the owner of the www.Highbid.CO site and all pages therein. The Site, as well as any visual displays and software used in the operation of the Highbid.COmpany, INC. site are protected under trademark and copyright laws and all rights are reserved to Highbid.COmpany, INC. You may print a copy of a website page for your personal use in connection with a purchase or sale via the Highbid.COmpany, LLC. website, but you may not otherwise copy, reproduce, distribute, publish or use any materials contained within the said Website. Designated Trademarks and Brands are the property of their respective owners.
A User understands and agrees to comply with all applicable laws, statutes and regulations regarding use of the Highbid.COmpany, INC. website. All Users understand and are held to be in compliance with pertinent laws regarding the collection of personal information of other buyers and sellers. A User is forbidden to conduct business under a false name or use an invalid or unauthorized credit card. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement agencies and Highbid.COmpany, INC. will cooperate to ensure that violators are prosecuted to the fullest extent of the law. • Highbid.COmpany, INC. reserves the right, but assumes no obligation, to monitor activity and content associated with Highbid.COmpany, INC. Highbid.COmpany, INC. may investigate reported violations of its policies or complaints and take whatever action it deems appropriate. Such action may include, but is not limited to: warnings, suspensions and/or permanent termination of service, denying access to the site and/or removal of posted materials from the site. • Disclosure of Information: In order to allow a Seller to fulfill its obligations in a transaction with a buyer, Highbid.COmpany, INC. will release to the Seller personal information regarding the Buyers name, email and shipping address. This information is not to be used to solicit future transactions outside of the Highbid.COmpany, INC. system. Any personal information user chooses to disclose to another user is at said user’s sole risk.
Highbid.COmpany, INC. is provided on an "as is" and "as available" basis without warranties of any kind. Highbid.COmpany, INC. makes no representations or warranties with respect to any software, goods or manufacturer of goods; or with respect to the services Highbid.COmpany, INC. performs, or that sellers or buyers will perform as promised. Highbid.COmpany, INC. expressly disclaims all such warranties, either express or implied, Including but not limited, to any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. Highbid.COmpany, INC. expressly disclaims any responsibility for any consequential, incidental, and exemplary damages Including without limitation, direct, indirect and special damages which may result from the manufacture, sale, distribution or use of goods or items sold on the Site. Users agree to indemnify and hold Highbid.COmpany, INC., and its subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses, Including reasonable attorneys' fees, incurred by Highbid.COmpany, INC., and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of said user’s conduct, actions or omissions. USERS AGREE AND UNDERSTAND THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT BARGAINED FOR ALLOCATIONS OF RISK, AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATIONS OF RISK. Some states may not allow “limitation of liability” clauses in general, so the foregoing limitations may not apply to you. Highbid.COmpany, INC. reserves the right at any time to modify (Including moving items to product categories different from the one listed or discontinue, temporarily or permanently, the site or any part of the site with or without notice. Users hereby agree that Highbid.COmpany, INC. shall not be liable to users or any third party for any modification, suspension or discontinuance of the site or any services under this Agreement.
HIGHBID.COMPANY, INC. IS NOT A SELLER, BUYER OR BAILEE OF ANY GOODS POSTED FOR SALE ON THE SITE AND ALL SALE TRANSACTIONS ARE STRICTLY BETWEEN BUYERS, SELLERS OR OTHER PARTICIPANTS. IN THE EVENT A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF THE USERS HEREBY RELEASE AND AGREE TO INDEMNIFY AND HOLD HIGHBID.COMPANY, INC. (AND ITS AGENTS, EMPLOYEES, OFFICERS AND DIRECTORS) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION OR DAMAGES OF ANY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, AND WHETHER ARISING IN TORT OR CONTRACT, IN CONNECTION WITH SUCH DISPUTE.
This Agreement shall be governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents. Both parties submit to the personal jurisdiction and venue of the Arizona Superior Court for the State of Arizona and further agree that any claim or cause of action arising under this Agreement shall be filed and shall remain in said court in the State of Arizona. User hereby expressly and knowingly waives the right to challenge or change venue, waives the right to challenge personal jurisdiction, and further waives the right to remove the claim or cause of action to some other court. Both parties agree that prior to filing any lawsuit; the parties will attempt to resolve the dispute by using a mediator for no less than four hours. The cost of the mediator's fees shall be shared equally between the parties. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings appearing in this Agreement are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. Highbid.COmpany, INC cannot and does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interrupted by numerous factors outside of Highbid.COmpany, INC’s control. Highbid.COmpany, INC.’s failure to act with respect to a breach by user or others does not waive our right to act with respect to subsequent or similar breaches. Highbid.COmpany, INC. cannot and does not control the accuracy or reliability of the information provided by Users, Sellers and or Buyers or their representatives which is made available through Highbid.COmpany, LLC’s. Site. Except as expressly stated otherwise, all notices to Highbid.COmpany, INC. shall be sent to the email addresses provided on the Site. Highbid.COmpany, INC’s street address is 902 N Walnut St., Willow Springs, MO 65793. Except as expressly stated otherwise, all notices shall be sent to the email address you maintain within your Highbid.COmpany, INC. account email@example.com. Such notice shall be deemed given one business day after the email is sent. Highbid.COmpany, INC. is a venue only and is not responsible for the collection or remittance of any state and/or local sales taxes. Buyers and Sellers are responsible for all tax-related issues that may arise.
INACTIVE STATUS ACCOUNTS
Unless either closed by the account holder or by Highbid.COmpany, INC. pursuant to this agreement, accounts remain active as long as a transaction or listing has been placed within the last 18 months. Accounts that have not had such activity within the last 18 months will be changed to an "inactive status" for security purposes. 30 days prior to an account being changed to an inactive status, an email will be sent to the account holder with information on how to maintain their active status. Once a user's account becomes inactive, any pending listings will be put on hold, and access to that account will be restricted. In the event that a User's account is changed to an inactive status, a 10% monthly fee will be applied to the total current balance and/or holdings in the account, commencing at such time that the account is declared inactive. If the account has been inactive for a period of more than 10 months, the account will be considered as no longer having any holdings and thus no additional fees will be applied.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HIGHBID.COMPANY, INC. BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDINGG BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, EVEN IF HIGHBID.COMPANY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SAME.
Highbid.COmpany, INC. realizes that although there is no such thing as "perfect security" on the Internet, Highbid.COmpany, INC. will do it’s best to safeguard the confidentiality of our user’s privacy. Highbid.COmpany, INC. will use such effective methods as firewalls and “Secure Sockets Layer” in an attempt to thwart unauthorized tampering or access.
Any and all persons under the age of 18 are not eligible to use our services. Highbid.COmpany, INC. requests that minors do not submit any personal information to us and only use our Site through their parents or guardians.
HIGHBID CERTIFIED INSPECTION PLAN (CIP) and/or any other inspection TERMS AND CONDITION
A CERTIFIED INSPECTION PLAN IS NOT REQUIRED TO LIST ITEMS FOR SALE IN THE AUCTION. IT IS A SELLERS OPTION AND AT THE EXPENSE OF THE SELLER. THE SELLER MUST POST THE CONTACT INFO OF THE PERSON WHO DID THE INSPECTION. THE SELLER MUST NOTIFY THE HIGHBID COMPANY OFFICE IN WRITING THAT HE HAS A CIP AND BE ABLE TO STAND BEHIND HIS INSPECTION. Before a CIP auction goes live for bids it must be approved by the HIGHBID.COmpany office. If seller performs his own inspection then it MUST be complete and accurate. If it is UGLY then say it is UGLY. The seller agrees he/she SHALL be solely liable for any inaccuracies, error or omissions in the inspection details provided by the seller. A copy or photo of EPA and/or CE labels are to be provided by the seller and posted in the listing. Highbid.COmpany, INC. Certified Inspection Plan (CIP) hereafter known as CIP. To obtain contact information on approved inspectors contact firstname.lastname@example.org or call 602-492-9690 or go to FAQ and it will be posted there. Buy with confidence that the info in the CIP is what you will receive when you receive your purchase. We don't play on words, just plain English. If it’s UGLY we tell you it’s UGLY. The Certified Inspection Plan only inspects, checks out and photos as best as possible for the conditions we have to work with. Inspectors are not operators and do not put the equipment thru work load conditions. They will start and run the equipment and report any noises, smoke or other condition they see or hear. If oil samples are possible or made available to us we will report the findings in the auction descriptions. Our track and tire conditions are what we see and are not measured with a gauge. The Highbid.COmpany Certified Inspection Plan (CIP) lets you know that an inspector/person has personally seen the item and conducted a visual inspection, taken photographs and retrieved an oil/fluid sample report or taken oil for lab analysis. A CIP is for the purpose of reporting the visible condition of the equipment on the day of the inspection and do not Include any operation performance or load testing. CIP inspections are not intended to detect hidden or non-visible defects, problems or condition that could only be found by disassemble or testing equipment. Under no condition shall Highbid COmpany, INC, its employees or sub-contractors be liable for any problems or defects known or unknown. If you think the equipment is not substantially as represented in the CIP and Constructive Receipt of the Equipment has not occurred you can submit a written claim. Highbid will investigate your claim with the seller and CIP inspector and determine what settlement should be made if any. If equipment has been used since close of the auction then all claims will be denied. All claims will have a $1,000.00 deductible. There is no charge to you as a buyer and all inspections are presented free to assist in your decision making prior to bidding. We provide assurance to you that this inspection report is a fair representation of the equipment in its true condition. The seller is 100% responsible for having the inspection performed and at his expense. You can click on ASK SELLER A QUESTION so the buyer can make contact and ask questions or make arrangements to go and perform or have someone perform and inspection. A CIP is NOT REQUIRED and is at the option of the seller and the seller’s expense. Buy with confidence that the info in the CIP report is what you will receive when you receive your purchase. It is in NO WAY a guaranty of condition or performance on any equipment or that it will do or perform as designed. A CIP is only a guarantee the when you receive your equipment it will be a described in the CIP inspection report. Conditions: Highbid.COmpany, INC. Certified Inspection Plan (CIP). Using the CIP report Including photos, the Inspection Report as the comparison, the buyer has until Constructive Delivery has occurred to report to Highbid COmpany, INC. any claim of a substantial difference between the condition of the equipment received and the CIP. In the case that a claim is filed in accordance with the terms and conditions in Highbid COmpany, INC’s Buyer Terms and Conditions, and if the complaint is valid through the Highbid COmpany dispute process, Highbid.COmpany INC. may either elect to have the seller, if agreeable, refund the purchase price to the buyer, or settle such claim in another mutually agreed manner between the buyer and seller. All disputes must be submitted prior to constructive receipt of the equipment, as per Highbid Buyer Terms and Conditions, and are subject to a $1,000 deductible on any settlement. If a CIP is used that information will be reported in the auction listing info. If a CIP is part of an auction then the SELLERS contact info will be available through the Highbid.CO office at email@example.com or 417-221-6666. If a buyer contacts a seller to obtain more info to make a decision to purchase thru the Highbid.CO site then the buyer and seller both agree to NOT conclude a transaction outside of the Highbid. COmpany site. If this happens then all commissions are due and payable to HIGHBID.CO.
Constructive Receipt of the Equipment occurs when the first of the following occurs unless a claim has been previously filed by the buyer and accepted with the Highbid.COmpany office: • 15 Business days after the close of the auction. • Payment of all proceeds to seller has occurred. • When tear down of the equipment begins or Buyer picks up or has a Common Carrier pick up the equipment or when equipment leaves the site it was located at during the auction. Buyers are encouraged to examine or inspect the equipment before leaving the auction location.
Claims are subject to the following: • Funds received by Highbid. COmpany, INC for payment of final selling price, all due Taxes and Transaction Fees. • Claims filed prior to Constructive Receipt (see constructive receipt above). Claims must be initiated and settled prior to shipping. • Ownership of the equipment is still in the name of the BUYER at the close of the auction. • Highbid. COmpany has access to the equipment to immediately re-inspect. Confirmation of the accuracy of the claim will be made as a result of the re-inspection. A comparison will be made to the original inspection. • The Equipment SHALL NOT be used for any purpose and no changes or repairs are to be made until the CLAIM has been settled. • Highbid.COmpany, INC will not be responsible for any claims filled if any changes have been made in connection as a result to exposure to the elements, transportation. Electronics, electrical, electronic control modules are not covered by the CIP. • Only MAJOR inaccuracies in the reports will be considered. Problems discovered to use or operation shall not be covered. Problems discovered with use of test equipment, operation of equipment, disassembly, leaks, fluids, tires and undercarriages are not covered under the CIP. To file a claim it must be a major difference in the inspection and the re-inspection.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HIGHBID.COMPANY, LLC. BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, EVEN IF HIGHBID.COMPANY, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SAME. IN NO EVENT SHALL THE TOTAL LIABILITY OF HIGHBID.COMPANY, LLC TO YOU FOR ALL DAMAGES, LOSSES CAUSES OF ACTION WHETHER IN CONTRACT OR IN TORT, INCLUDINGG BUT NOT LIMITED TO PRODUCT LIABILITY, NEGLIGENCE OR OTHERWISE, ARISING FROM THIS AGREEMENT, THE PURCHASE OR USE OF EQUIPMENT, OR YOUR USE OF THE SITE AND OTHER SERVICES EXCEED, IN THE AGGREGATE OF $500.00.
You agree to defend, indemnify and hold harmless Highbid, its officers, directors, agents, subsidiaries and employees from claims, suits, proceedings, cost and expenses Including reasonable attorney’s fees and cost, Including cost and fees of experts, losses. Liability, and damages, actual and consequential, of every kind and nature, to the extent arising out of or in any way connected with any breach or violation by you if the BUYER TERMS, any use by you of the site or other services, and any disputes or damages caused by or arising out of your use of or contracts formed with you through this Site or other services, Including without limitation any personal injury, death or property damage caused by or arising out of the subsequent use of any Equipment sold or purchased from this site.
In the event you have dispute with one or more users of Hghbids Site, you release Highbid and our Officers, Directors, Agents, Subsidiaries and employees from claims, demands and damages, actual and consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a Missouri resident, you expressly waive any rights you may have under Missouri Civil Code.
Governing Law; Jurisdiction and Venue. For all disputes between you and Highbid. COmpany, INC these buyers Terms and Conditions shall be governed by the laws of the State of Arizona. • Dispute Resolution and Arbitration. In the event of a dispute between you and Highbid.COmpany, INC. you agree to attempt to resolve the dispute with Highbid for a period of 15 business days before taking any other action. After that time to use Binding Arbitration thru the American Arbitration Association. • Modified March 22, 2016