Date of Last Revision: April 13,2012
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
Welcome to UBidUGo. UBidUGo, LLC. and/or its affiliates ("UBidUGo", "we" or "us") provide this website ("Site") and the services available through this Site ("Services") to you subject to the following conditions. We reserve the right, in our sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms without advance notice. No material changes to these Terms will be effective unless we have provided you with notice of such changes. If such changes are not acceptable to you, your sole remedy is to cease using this Site and Services, and if applicable, cancel your Site account. By continuing to access or use this Site and Services after we have notified you of the revised Terms, you agree to be bound by such revised Terms. Therefore, you should review the Terms from time to time and prior to each time you purchase or place any UBidUGo bids ("Bids") on an auction item or purchase any items through the Site so that you understand the applicable terms and conditions. If you do not agree to the amended terms, you must stop using the Site.
Subject to these Terms, UBidUGo grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of UBidUGo. This license does not include any resale or commercial use of this Site or its contents; any collection or use of any product or property listings, descriptions, rates or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of others; any use of data mining, robots, or similar data gathering and extraction tools or any use of the Site or its contents other than for its intended purpose. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under these Terms. Any unauthorized use is prohibited and may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes 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 UBidUGo without express written consent. You may not use any meta tags or any other "hidden text" utilizing UBidUGo's name or trademarks without the express written consent of UBidUGo. Any unauthorized use terminates the permission or license granted by UBidUGo. You may not use any UBidUGo logo or other proprietary graphic or trademark as part of a link to our Site without our express written permission. This license is revocable at any time.
UBIDUGO auctions are offered to all persons purchasing a UBIDUGO bid package, for the purpose to participate in the opportunity to obtain a product via an auction. The system of obtaining products is for the sole use of the general public and is not intended for the use by Wholesalers; Re-Sellers; Retailers; Vendors; and/or Power-bidders.(UBIDUGO considers anyone who participates in multiple auctions and/or is a member of multiple auction websites to be a Power-bidder) UBIDUGO reserves the right to cancel any purchased bid package and refund the unused portion of said bid package, less an administration and handling fee equivalent to 20% of the total value of the original bid package purchase price, but no more than $75.00, should UBIDUGO management deem that the bid-package was purchased by a Wholesalers; Re-Sellers; Retailers; Vendors; and/or Power-bidders
By registering, you represent and agree that you are a resident of the United States or Canada, 18 years of age or older and able to enter into binding contracts. Employees of UBidUGo and their immediate families, investors and their immediate families, and advisors and their immediate families are not eligible to participate in any auctions.
In order to access certain features of the Site and Services, and to post content as described below, you must create an account with us. You may register only one user account. When you create an account, you agree to provide accurate, current and complete information as may be prompted by any registration forms on the Site ("Registration Data") and to maintain and promptly update the Registration Data to keep it accurate, current and complete. During the registration process, you may be asked to choose a username. UBidUGo reserves the right to refuse a username for any reason including if it believes it is offensive, illegal, infringing upon the rights of others or if it breaches these terms in any other way. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account and computer, and you agree to accept responsibility for all activities and unauthorized access that occur under your account or password. UBidUGo reserves the right to cancel an account, refuse registration, refuse service, terminate accounts, cancel orders or disqualify you for any reason or for no reason at its sole discretion, including when, in UBidUGo’s sole opinion, you have violated the Terms. When you register at UBidUGo you consent to receive communications from us electronically.
PURCHASING AND PAYING FOR BIDS
Bids are purchased by you prior to bidding. Bids can be purchased individually or in bundles at prices that will be noted on the site. Each Bid provides you the right to place one bid on an auction item consisting of a travel experience, but the cost of the Bid is not applied to the final price paid for the auction item purchased. Payment for Bids can be made by credit card debit card or via PayPal. IMPORTANT! BIDS ARE VALID FOR ONE YEAR AFTER THEY HAVE BEEN CREDITED TO YOUR ACCOUNT. UPON EXPIRATION, BIDS BECOME VOID AND CAN NO LONGER BE USED. By purchasing a bid package from UBIDUGO, you agree to appoint UBIDUGO as your agent and to, on your behalf, source, procure, process and pay for any and all items you purchase through the UBIDUGO system, either via your participation in one of UBIDUGO auctions or via one of UBIDUGO “buy now” programs. Once a Bid is used, it is deducted from your account and cannot be used again. Unused Bids may be refunded in accordance with our Refund Policy. Refunds will not be issued for used bids, expired Bids or free Bids. For further information on refunds please see our Refund Policy.
HOW UBIDUGO AUCTIONS WORK
With each bid placed, the auction price increases by a fixed amount specified on the auction page. Each new Bid may also add up to 20 seconds back to the clock. The auction ends when the auction clock says CLOSED. Disputes over auction winners will be decided by UBidUGo in its sole discretion based on the records maintained by UBidUGo. Decisions made by UBidUGo in these instances shall be final and binding. The bidder who placed the last Bid earns the right to purchase the travel experience.
Auctions may offer a "Book Now" option. "Book Now" will allow you to apply at least 100% of the costs of the Bids you used for that particular auction towards the purchase, at a published rate, of a hotel stay in any of the properties in UBidUGo's network, subject to availability. The option to "Book Now" will be offered for a limited period of time (typically during the auction and for 30 days after the auction has ended).
You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the UBIDUGO website or arising under these Terms & Conditions (each a "Dispute" and collectively, "Disputes") shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with UBIDUGO regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to UBIDUGO in a manner specified in the "Notices" section below. If UBIDUGO and You do not reach an agreement regarding a Dispute within 30 days following UBIDUGO receipt of the Notice of Dispute, UBIDUGO and You agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary. For Disputes involving less than $10,000, if You are unable to pay the arbitration filing fee, UBIDUGO will pay the fee for You. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.
Warrantee & guarantee of auction:
UBIDUGO does not warrantee nor guarantee participation in an auction will result in every member being awarded the product up for auction. Only one member per auction will be awarded the product at the end of such auction. UBIDUGO will not credit back bids nor did payment for bids to those participants who are not award the product auctioned at the final close. HOWEVER… UBIDUGO does credit all bids spent into points which are eligible to be applied toward future products offered by UBIDUGO.
Applicable Law / Severability Clause
This Terms & Conditions Agreement and Your use of UBIDUGO shall be governed by the laws of the United States of America and the State of Floridaa. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Oklahoma. You agree to accept the jurisdiction of such courts. UBIDUGO will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by UBIDUGO while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that UBIDUGO cannot be held liable if laws applicable to You restrict or prohibit Your participation. The UN Convention on the International Sale of Goods shall not apply. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.
PAYMENT FOR AUCTIONS AND “BOOK NOW”
After an auction has ended, the successful bidder will be presented with a website page that will allow for the auction winner to be confirmed, payment and booking information (including confirmation of the dates of travel) to be entered. Auction winners will have 24 hours to submit the information on this page and make the payment due. After this 24 hour period has elapsed, the ability to claim the item won at auction for the displayed availability will be revoked and all experiences will then be subject to availability. Similarly, users who choose to “Book Now” will be presented with a website page that will allow the user to confirm the desire to “Book Now”, enter payment and booking information and checkout. Users have up to 30 days after the close of an auction to use the “Book Now” feature. You may win up to 10 auctions in a calendar month or in any part of a calendar month.
Please see our Refund Policy for Bids.
HOTEL BOOKING RULES AND RESTRICTIONS
Hotel and other experience bookings available through this Site are subject to the published conditions of carriage and rules of the applicable hotel or booking partner. UBidUGo offers two kinds of rates: (1) “Auction Rates” and (2) “Book Now” rates. “Auction Rates” are rates for an auctioned property available only to the winner of that auction. “Book Now” rates are calculated from a published rate, minus the value of any used bids a given customer has available in their account.
For Auction Rate Hotels
- All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party, unless otherwise noted on the booking page.
- Once you book, your credit card will be charged for the amount shown even if you do not use the booking.
- Room type is exactly as described in the auction details for the auctioned property.
- If multiple rooms are available at the time of check-in that fit the description of the auctioned room, hotel room assignments will be determined by the hotel at check-in. Upgrades are not available.
- All hotel rooms will be booked under the same name, and the guest under whose name the reservation is made must be present at check-in;
- Auction Rate hotel bookings made through UBidUGo are not eligible for hotel reward or club programs;
- UBidUGo’s minimum age requirement for checking into a hotel is 18;
- Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted; and,
- UBidUGo Auction Rates do not include special fees or surcharges charged by hotels upon check-out (e.g., energy charges, convention fees, resort fees, parking fees). Customers will be required to pay these fees directly to the hotels at check-out time. Auction rates are, however, inclusive of all state and local sales taxes.
For Book Now Rate Hotels
- Once you book, your credit card will be charged for the amount shown
- Change and cancellation policies vary by hotel and room type. The change and cancellation policy will be presented to you before you book on the booking page. It will also appear in your booking confirmation email and My Account page.
- Room type will be determined by the hotel based on the number of guests provided at time of booking. All reservations are booked for stays in non-smoking rooms (subject to availability).
- Hotel room assignments are determined by the hotel at check-in and upgrades are not available;
- The maximum number of rooms that can be booked at one time is six. All hotel rooms will be booked under the same name and the guest under whose name the reservation is made must be present at check-in;
- Bookings cannot be transferred to another party;
- Book Now rate hotel bookings made through UBidUGo may be eligible for hotel reward or club programs;
- UBidUGo’s minimum age requirement for checking into a hotel is 18;
- Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
- UBidUGo Book Now rates do not include special fees or surcharges charged by hotels upon check-out (e.g., energy charges, convention fees, resort fees, parking fees). Customers will be required to pay these fees directly to the hotels at check-out time. Book Now rates are, however, inclusive of all state and local sales taxes.
Certain travel destinations may require passport and other travel documentation requirements, and it is solely your responsibility to determine and comply with such requirements.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. UBidUGo urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, UBIDUGO DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
DATA/BIDDING STRATEGIES PROVIDED BY UBIDUGO
At present, and with current technology it is not possible to operate with 100% guaranteed uptime. In some cases, system outages may interrupt the ability to view or bid upon auctions. In this case, UBidUGo will attempt to halt all auctions and bidding on those auctions until the system outage is resolved. Auctions that are halted will be clearly designated as such. UBidUGo will make commercially reasonable efforts to resume the auctions after the outage is resolved. In the event of a system wide outage that prevents you from bidding, UBidUGo will, as your sole remedy for any outage, refund Bids used in auctions that you were participating in at the time of the outage.
USER CONTENT RULES AND POLICIES
The Site may include interactive areas ("Interactive Areas") in which you or other users create, post or store reviews, comments, messages, photos, information, text, videos or other content or materials ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post transmit store or otherwise publish through the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any User Content;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of UBidUGo is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose UBidUGo or its suppliers or users to any harm or liability of any type.
If you do post User Content you represent and warrant that you have the lawful right to distribute and reproduce such User Content, and unless we indicate otherwise, you grant UBidUGo a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant UBidUGo and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control or otherwise have all necessary rights to post the User Content and grant the rights granted herein; (b) that the content is accurate and not misleading; (c) that use and posting of the User Content does not violate these Terms and will not violate any rights or cause injury to any person or entity; and (d) that you will indemnify UBidUGo for all claims resulting from User Content you post.
UBidUGo does not endorse any User Content or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability for any User Content posted by you or any third party. In addition, UBidUGo is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk.
THIRD PARTY WEBSITES
Our Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external links. The operators of the sites linked to and from the Site are solely responsible for their contents. You should carefully review the terms and conditions of such sites, including their privacy policies, before visiting them.
THIRD-PARTY PRODUCTS AND SERVICES
UBidUGo may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. In addition, the travel experiences auctioned or sold through the Site are provided by third party travel operators. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. UBidUGo is not responsible or liable for any loss, injury or damage of any sort incurred as the result of any such dealings or promotions or from any third party products and services. UBidUGo may also transmit necessary personal data to our partners to facilitate a booking for a given property.
WHAT YOU MUST NOT DO
The Site and Services may be used and accessed for lawful purposes only. You agree to be bound by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any content in violation of these Terms; (c) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating “UBidUGo”; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; (h) Collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms; No (l) Use any third party bidding software or other "bot" to assist in bidding or harvesting site data.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY UBIDUGO, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UBIDUGO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED REGARDING THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. UBIDUGO DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
UBIDUGO IS NOT RESPONSIBLE FOR INACCURACIES, ERRORS OR OMISSIONS RELATING TO PRICING, DESCRIPTIONS, TEXT OR PHOTOGRAPHY. IN PARTICULAR, UBIDUGO DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE INFORMATION AND DESCRIPTION OF THE HOTELS AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, UBIDUGO EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. THE HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF UBIDUGO. UBIDUGO IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, DEATH OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
WHILE UBIDUGO ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, UBIDUGO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LIMITATION OF LIABILITY
IN NO EVENT WILL UBIDUGO OR ITS CONTRACTED AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USER CONTENT OR YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF UBIDUGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UBIDUGO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO UBIDUGO TO PURCHASE BIDS IN THE 12-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.
You agree to defend, indemnify, and hold UBidUGo, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your conduct or your access to or use of the Site and/or the Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any User Content you post, including any claim that any of your User Content caused damage to a third party.
UBidUGo or its licensors own and retain all proprietary rights in the Site (other than with respect to content posted by you under these Terms) and the Services. The Site contains the copyrighted material, trademarks, and other proprietary information of UBidUGo and its licensors and users, and is protected to the maximum extent permitted by US and foreign laws and international treaty provisions. Access and use of the Site and the Services does not grant you any right or license to the copyrighted material, trademarks, tradenames, logos, images, or other proprietary information of UBidUGo and its licensors.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, UBidUGo has adopted a policy of terminating, in appropriate circumstances and at UBidUGo's sole discretion, subscribers or account holders who are deemed to be repeat infringers. UBidUGo may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
ACCESS TO AUCTION:
UBIDUGO does not guarantee the connectivity and speed of the internet connections, nor the stability of such during, before or after any and all auctions. Interruption and or disconnection while participating in an auction is at the participators risk. Should UBIDUGO determine that said interruption and or disconnection was a direct result of UBIDUGO systems, at the discretion of UBIDUGO management UBIDUGO may award those participants bid credits to their account, by purchasing a bid-package the participant understands and agrees to such terms and conditions and undertakes not to dispute the bid purchase due to the above.
Notwithstanding any of these Terms, UBidUGo reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
SELLER OF TRAVEL
UBidUGo, Inc., contracts Timeless Destinations LLC for all travel related services:
Florida Seller of Travel License: ST 36864
These Terms constitute the entire agreement between the parties with respect to the use of the Site and the Services and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between the parties. Any waiver by either party of any violation of any provision of these Terms will not be deemed to waive any further or future violation of the same or any other provision. If any part or provision of these Terms is held to be unenforceable for any purpose, including but not limited to public policy grounds, then the remainder of these Terms will be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by UBidUGo. You may not assign their rights and delegate their duties under these Terms to any third parties. THESE TERMS AND ANY DISPUTE RELATING TO THESE TERMS WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO U.S. OR FLORIDA CHOICE OF LAW RULES. YOU AND UBIDUGO AGREE AND CONSENT THAT JURISDICTION, PROPER VENUE, AND THE MOST CONVENIENT FORUMS FOR ALL CLAIMS, ACTIONS, AND PROCEEDINGS OF ANY KIND RELATING TO UBIDUGO OR THE MATTERS IN THESE TERMS WILL BE EXCLUSIVELY IN COURTS LOCATED IN BOCA RATON, FL.
Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to UBIDUGO by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to UBIDUGO LLC, 2255 Glades Road, Suite #111E, Boca Raton, FL 33431, or by email to customersupport@UBIDUGO.com.