Preliminary Notices and Disclaimers

IF YOU ALLOW ANY MINORS UNDER THE AGE OF 18 TO ACCESS OR USE THE SERVICES, YOU HEREBY AFFIRM THAT YOU SHALL BE SOLELY RESPONSIBLE FOR THEIR USES OF THE SERVICES, AND YOU SHALL INDEMNIFY US AGAINST ANY LOSSES, CLAIMS OR DAMAGES THAT MAY RESULT. IF YOU REQUEST A PRODUCT OR SERVICE, OR OFFER A PRODUCT OR SERIVCE, OR OTHERWISE CREATE AN ACCOUNT, ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HEREBY AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. YOU MAY NOT CREATE AN ACCOUNT AS A BUYER OR SELLER IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT AT LEAST 18 YEARS OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES OR ANY OF THEIR CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. THESE TERMS REQUIRE THE USE OF ARBITRATION, ON AN INDIVIDUAL BASIS, TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW THE `DISPUTE RESOLUTION` DETAILS IN SECTION 20 OF OUR `TERMS OF USE`.

Reverse-Bidding Listings

• Browsing & Posting: Browsing our Website or App as an unregistered user is completely free. In order to create or respond to a listing through our Services, you must register either a Buyer or Seller account. Creating either a Buyer account or a Seller account are also completely free. Creating and posting a reverse-bidding listing requesting certain products or services, is completely free. Responding to and bidding on a reverse-bidding listing offering to sell certain products or services, is also free.
• Posting Listings: Buyers agree that any listing they place through the Services is an offer to buy all products and services requested in the listing. We reserve the right to review, approve or reject any listings. All listings must first be approved by us before the listing will be posted on the Services. We may choose not to approve or reject listings at our sole discretion, or to request additional information or clarifications before posting.
• Contact Information: While browsing our Website or App, whether as a registered or unregistered user, all contact information for all Buyers and Sellers shall be anonymized. The only information that shall be available is a user’s status as a Buyer or Seller, their general geographic location, and the condition of the goods. A Buyer’s contact information is only disclosed to the Seller that is awarded a winning bid. A Seller’s contact information is only disclosed to the Buyer that awarded the winning bid to the Seller.
• Bidding Process: When a Seller is awarded a winning bid from a Buyer, the Seller and Buyer will be connected through our Services, and from there the Seller and Buyer must coordinate the process by which the Buyer will actually buy the products or services from the Seller. Any purchases of products or services between the Seller and Buyer will be conducted exclusively between the Seller and Buyer, and shall not be transacted through our Services in any way. The terms of any payment between a Buyer and Seller, the scheduling of any services or the shipping of any products between a Buyer and Sell, any cancellations or refunds for such products or services, and any other details regarding the transaction, shall be governed by the terms of each Seller or Buyer or such other terms as are agreed upon by the Seller and Buyer. Such terms are not determined, implemented, monitored or enforced by our Company in any way. If you have questions or requires assistance with respect to any products or services provided by a Seller (including payments, scheduling, cancellations or refunds) you must contact that Seller directly.
• Winning Bids: For any Seller that is awarded the winning bid by the Buyer, the Seller shall pay our Company a percentage of the total purchase price that was set forth in the listing (the “Commission”). The base Commission starts at Ten Percent (10%), which decreases as the total purchase increases. The exact Commission shall be stated at the time you enter your specific bid amount for the listing. Once the Buyer approves of the Seller’s bid, the Seller will receive an email outlining the total purchase price within the listing and the corresponding Commission owed to our Company. Once the Seller completes the payment of the Commission, the Seller and Buyer will receive each other’s identities and contact information. Commissions must be paid within one (1) business day. If you have a card on file with us, all Commissions and related fees shall be charged to the card when due. If the Seller fails to pay the applicable Commission within one (1) business day, the listing will be offered to the next lowest bidder.
• Commission Default: Biding on listings for which a Seller does not have the ability to fulfill or pay for, creates a significant inconvenience and delay for the Buyers and other Sellers bidding on the listing. If a Seller fails to pay the applicable Commission payment, we reserve the right to suspend their bidding privileges until they pay the Commission, regardless of whether the Buyer’s listing is still available. Once the late Commission payment is paid, we will provide the Buyer’s listing information if it is still available. If it is not available, the Commission will still be due and payable as a “Default Clearance Fee” (ie. the cost to re-enable the Seller’s bidding privileges). If the Commission is not paid, we reserve the right to permanently prevent the Seller from bidding on any further listings, and/or permanently deactivating their user account.

Payment Terms

• Pricing Terms: All of our prices and promotions posted through the Services are subject to change without notice. The prices charged for our products or services will be the price in effect at the time the bid is awarded, which will be set out in your order confirmation email. Posted prices do not include taxes. All such taxes will be added to your order total, and will be itemized in your confirmation email. We strive to display accurate pricing, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Additional terms and conditions may also apply to specific portions, services or features of the Services, and which may be presented to you at the time of purchase.
• Promotions: From time to time, we may offer promotions or discounts through the Services that affect pricing, and that are governed by terms and conditions separate from these Bidding Terms. If there is a conflict between the terms for a promotion or discount and these Bidding Terms, the promotional terms will govern.
• Payment Terms: Terms of payment are within our sole discretion, and Commission payments must be received by us before our acceptance of an order and process of the winning bid. We accept most major credit and debit cards for purchases. You represent and warrant that: (a) all payment information you supply to us is true, correct and complete; (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your credit card company or bank; and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges, if any and applicable taxes, regardless of the amount quoted through the Services at the time of your order.
• Payment Processing: All purchases and sales payments (including the Commission payments) shall be processed through a third-party payment processor, as we may designate from time to time. All payments owed as between a Buyer and Seller shall be conducted independently of our Services, solely between the Buyer and Seller through their agreed upon payment processes.
• Cancellation & Refunds: Except for any services or features that are expressly labeled otherwise, ALL COMMISSION PAYMENTS ARE FINAL AND NON-REFUNDABLE. If a Buyer or Seller decide not to proceed with the purchase or sale of the products or services that were the subject of the listing, that decision is made as between the Buyer and Seller only, and shall not affect any Commission that are owed. Once a payment is made for any Commissions, we cannot issue any refunds for the transaction.

Warranties & Disclaimers

• Manufacturer’s Warranty & Disclaimers: The availability of products or services through the Services does not indicate an affiliation with or endorsement of any particular product, service or manufacturer.

  ALL PRODUCTS AND SERVICES WE OFFER THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY BY US WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

  ANY WARRANTIES SHALL BE AS PROVIDED BY THE SELLER THAT IS OFFERING THE PRODUCTS OR SERVICES. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A SELLER’S OR BUYER’S FAILURE TO HONOR ITS OBLIGATIONS TO YOU.

Additional Terms & Policies

• Terms of Use: For additional terms relating to the Services, including terms relating limitations on liability, governing laws, geographic restrictions, and resolving disputes, please refer our `Terms of Use`.
• Privacy Policy: All information you provide in connection with our Services, including but not limited to the personal information provided during registration, or while posting or bidding on listings, is subject to and governed by our `Privacy Policy`. Please read our Privacy Policy before using our Services.

Your Questions & Comments

• We always welcome feedback you may have about our products and services. All feedback, comments, requests for technical support and other communications relating to the Terms or our Services, should be sent to: info@labquote.ai. These Services are operated by LABQUOTE, LLC, a California limited liability company.