Privacy Policy for Bid Llama

PRIVACY NOTICE

The online auction operator through whom you are registering uses the Online-Auction Software.com, Inc.

bidding platform. When you register on this page, your information is collected, used, and disclosed in

accordance with Online-Auction Software.com, Inc.’s Privacy Policy, which can be found by clicking on

the “Privacy Policy” link below. Online-Auction Software.com, Inc. is committed to protecting your privacy.

PRIVACY POLICY

This privacy policy governs your use of the Web site located at the following Web addresses:

bid.bidllama.com. As used in this privacy policy, the terms “we”, “our” and “us” refer to these companies

collectively. This privacy policy also governs the collection, use, and disclosure of information submitted

by bidders who register using the Online-AuctionSoftware.com, Inc. bidding platform. This privacy policy

is effective upon acceptance in registration for new registering users, and is otherwise effective on

November 1, 2009, for all other users. We may from time to time make amendments to this privacy policy.

We will post all amendments on this Web page. In addition, when you enter the Web site, there will be a

pop-up alert notifying you of any amendments. All amendments take effect 30 days after they are posted.

Because data-security technology and data-security law are rapidly evolving, we recommend that you

visit this Web page frequently to check for amendments to this policy.

1. Collection. We will collect and store the following Personally Identifiable Information (“PII”) on our

servers if you choose to register on our site: your name, your company, your address, your

driver’s license, and at least one telephone number. We also request PII and/or login information

(which would provide access to your PII) elsewhere on our site, including our login page, bidding

page, account update page, and e-mail subscription page. Unless you provide us with your PII, it

will not be collected or stored. Once you provide us with your PII, you have consented to the

transfer and storage of that information in accordance with the terms of this policy. You can

review, change, and delete the PII that you provide to us by logging into Your Personal Page, or

by contacting us using the information found by clicking the “Contact Us” link on our home page.

We may prompt you to make updates to your PII from time to time, but in order to combat

“phishing” (a fraudulent tactic employed by criminals to acquire PII), we will request that you

make the updates on our site. We will also collect a valid credit card number if you choose to

register on our site. Your credit card information will be stored remotely in storage systems owned

and/or operated by USA EPay, (registered trademarks of GorCorp Inc.), Authorize.net our

payment processor, and not on our servers. In addition, we automatically collect certain non-PII

relating to your interaction with our site, such as your IP address. Your IP address is stored when

you register on our site and every time you place a bid on our site. We use cookies, but purely for

your convenience to allow you to remain logged into our site. We will not collect or store any other

cookie information stored on your computer. We do not allow third parties to place cookies on

your computer.

2. Use. If you provide us with your PII, it will primarily be used for internal business purposes. Your

driver’s license will be collected to ensure that you are old enough to place bids on our site. Your

credit card information will be collected to guarantee that you will be able to pay for any items with

respect to which you may place the winning bid. Your telephone number will be used in case we

need to contact you concerning any bids that you may place. Your address or e-mail address may

be used, at your request, to communicate information about upcoming auctions. Your e-mail

address or cell phone number may be used, at your request, to send you automatic bidding

notifications. You may opt-out of receiving any communications from us either during registration

or by contacting us using the information found by clicking the “Contact Us” link on our home

page. Your IP address is used internally for liability purposes to keep a record of each bid's origin.

Cookie information will be used purely for your convenience to allow you to remain logged into

our site.

3. Disclosure. We will not trade, sell, or rent your PII to third parties, except that we reserve the right

to transfer your PII to appropriate third parties in the event that we sell all or part of our business,

make a sale or transfer of all or substantially all of our assets, or in the event that we are involved

in a merger. In the event that we disclose your information in the course of any such sale,

transfer, or merger, your information will remain subject to the terms and conditions of this policy

and any amendments thereto. Also, if we do disclose your PII in the course of a sale, transfer, or

merger of one of our companies, please be advised that we will continue to store your PII until

such time as you request that it be deleted. We will not otherwise make your information available

to third parties, except when necessary to assist our service providers and vendors in completing

authorized undertakings, and/or where necessary to provide confirmation of purchases to

persons or entities who require such information to ensure successful fulfillment of any purchases

made on our site. We do, however, reserve the right to disclose user PII without user permission

in order to protect our legal rights, to comply with the law or legal process, to protect the integrity

of our site, and/or to protect the safety and security of site users and visitors. Internally, your

information will only be available to employees who have the proper security clearance.

4. Security. We use a variety of methods to protect your information, both during transmission and

after receipt, from unauthorized access, use and disclosure. Any PII that you transmit to us is

protected during transmission by Secure Sockets Layer (SSL) technology. SSL technology

enables encryption of sensitive information during online transmissions. Any PII that you transmit

to us, with the exception of credit card information, is then stored on our database servers. Our

database servers are both firewall protected and password protected. In addition, while stored on

our database servers, your user password will be encrypted with the 128-bit Advanced Encryption

Standard (AES). Our database servers are stored with an off-site agent in secure facilities, and

can only be accessed by an authorized representative of our off-site agent. Our off-site agent

takes numerous physical security measures to protect our database servers from unauthorized

access, including: electronic surveillance by Electronic Protection Systems, Inc.; dedicated

network operations center support 24/7/365; security keys to access the server co-location area;

and combination locks on doors used to access equipment in the server co-location area. Your

credit card information, once collected, is sent to Authorize.net, for additional storage security.

Once your credit card information has been sent to Authorize.net, we can make authorized

transactions using your credit card, but even we are unable to access your credit card

information. Authorize.net uses various tools, including encryption technology, to protect

confidential data both during the transmission of such data and while such data is being stored.

Authorize.net also uses software programs to identify unauthorized attempts to upload or modify

information stored in its systems, or to otherwise cause damage to its systems. In the event that

we elect to use a different payment processor, notice of such election and notice of the payment

processor’s data security practices will be posted as amendments to this policy. While we strive to

provide a secure data transfer and storage environment, there are always potential security risks

when doing business over the Internet. Consequently, we do not represent or guaranty that the

information that you transmit to us will remain secure against all unauthorized access or use. You

can assist us with our efforts by preventing unauthorized access to your user password and to

your computer. You should make sure that you sign off when finished using a shared computer,

and you should otherwise take precautions to protect your user password. If your user password

becomes compromised for any reason, you should immediately change your password, and

notify us.

5. Children’s Privacy. Our Web site is designed for adult use only. We will not intentionally collect

children’s PII, but if you believe that we may have done so, please notify us and we will address

the issue.

6. Third Parties. We do not control the privacy policies of third parties, so if you disclose your

information to third parties, whether bidders, buyers or sellers, in the course of using our Web

site, you may be subject to different rules with respect to the collection, use, and disclosure of

your information.

If you have any questions regarding our privacy policy and/or our privacy practices that are not answered

in this policy, please contact us using the information found by clicking the “Contact Us” link on our home

page.

Terms & Conditions

This is a legal agreement between you, the user or buyer, and Bid Llama

You must be at least 18 years old to bid.

Bid Llama, (hereinafter referred to as Auction Co.) at its sole discretion, may ban from further use any

buyer or seller which Auction Co. believes to have in any way misrepresented itself or any item selling,

failed to abide by the terms, or conducted any improper auction behavior as determined solely by Auction

Co. Any seller who misrepresented their items and any buyer who improperly fails to carry through with a

purchase will be banned from any further use and may be subject to additional legal actions.

PAYMENT/NON-REFUNDABLE RESTOCKING FEE: Auction Co. RESERVES THE RIGHT to charge the

credit card registered with your account up to 20% as a non-refundable restocking fee (minimum $25.00

charge) based on total purchase price during the auction or immediately following the auction. The

non-refundable restocking fee (minimum $25.00 charge) will be charged when invoices are not paid in full

in accordance with the auction specific payment terms. Note that the purchase price is the sum of the bid

price, buyer’s premium, buyer's fee, and sales tax if applicable. At which time, all items are considered to

be abandoned &/or forfeited to the Auction Co. Auction Co. reserves the right to relist/resell any and all

items considered to be abandoned or forfeited when invoice is not paid in full and/or removed completely

from auction location within auction specific terms for payment & removal. We do not accept partial

payments. Invoices must be paid in full. All payments must be in U.S. Funds.

ALL ITEMS on the auction sell subject to the Auction Co.’s acceptance or rejection of the high bid.

NOTICE: BUYER’S PREMIUM: A buyer’s premium will be added to all purchases. This buyer’s premium

varies, depending on the auction. The actual buyer’s premium in effect will be noted on the additional

information page. You will see this additional information page when you click on the button to view the

items that will be selling. You may also call us to find out the exact amount of the buyer’s premium for any

auction. Visa, MasterCard, Discover and American Express cards are accepted.

Removal and Failure to Remove. All purchases must be removed from the auction site without damaging

any property and within the time announced or posted. All costs, responsibility and risk of such removal

shall be borne by buyer and, in every case; buyer will use prudence and care in such removal. If for any

reason buyers fail to remove any of buyer purchases within the time specified, the Auction Co. shall have

the right but not the obligation, in its sole discretion, to resell, discard or remove and store said purchase

at buyers sole risk and expense (storage costs will be charged - per day - per item - other costs

additional), without waiving any rights that Auction Co. or seller may have against buyer. Storage charges

will be the responsibility of the buyer (after removal period.) If the purchases have not been removed

within the time period announced, the Auction Co. reserves the right to charge the bidders credit card

registered with account a 20% non-refundable restocking fee (minimum $25.00 charge) based on total

purchase price. Auction Co. reserves the right to relist/resell any and all items considered to be

abandoned or forfeited when invoice is not paid in full and/or removed completely from auction location

within auction specific terms for payment & removal.

Sales Tax: All bidders will be subject to the Alabama 10% sales tax unless you provide our office with the

documentation we require for exemption. NOTICE: Out-of-state buyers and out-of-country buyers must

pay sales tax on all items including titled items. (Unless stated differently in the auction terms)

Note to the buyers of titled items: Bid Llama is required by the State of Alabama to broker all vehicles,

trailers or titled items sold. A $95.00 broker fee (plus state sales tax) will be charged for all vehicles,

trailers or titled items which we need to broker. In addition a $15.00 fee for title transfer will be charged.

We can apply for your plates and registration if you so choose. If you wish to have us do so, you MUST

provide us with proof of insurance for the purchased vehicle, trailer or titled item before you can remove it

from the auction site. If not, you must be prepared to tow or trailer your vehicle, trailer or titled item. The

appropriate fees will be added to your invoice.

Seller Bidding: The SELLER, their agent, or the Auction Co. RESERVE THE RIGHT TO BID on the

seller's item in order to protect their investment. The auction company, in bidding for the seller as their

agent, will only bid on items that require a minimum amount in order to be sold.

Terms: All items sell AS IS - WHERE IS WITH ALL FAULTS and with no warranty of any type expressed

or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale.

All sales are made on an AS IS - WHERE IS WITH ALL FAULTS basis. All buyers are urged to physically

inspect the item during the inspection period. No bids can be withdrawn after the auction for any reason.

BUYER agrees that these terms as well as all other terms set forth below, can be amended or revised

only in writing, signed by the auctioneer. BUYER also agrees that any oral representation made by the

auctioneer shall not modify these "AS IS - WHERE IS WITH ALL FAULTS" terms. BUYER understands

that any description given in the catalog or written on the equipment is not guaranteed, and BUYER will

rely entirely on their own inspection. All information and descriptions contained in advertising this sale are

believed correct, but no responsibility is assumed by Auction Co, or Seller for any errors or omissions.

Posted closing times and displays of Auction Co.'s current time are approximate. Auction Co. reserves

the right to close early or extend auctions at any time at its discretion. It is strongly recommended that

bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the

Time Zone where the auction is located. Dynamic bidding - The dynamic bid on this website is a feature

that does NOT allow an item to sell at the end of the auction until there is 10 minutes of bidding inactivity.

Example - An item is bid on at 7:50pm. An auction is scheduled to close at 8:00pm. When this bid is

placed the ending time will automatically extend to 8:10pm. When another bid is place at 8:01 the auction

will extend until 8:20pm. This will give bidder 19 minutes to place another bid. If no bids are placed this

auction will conclude at 8:20pm. The key to your dynamic bidding feature is that the auction extends from

the preset closing time in 10 minute intervals, NOT 10 minutes from when you placed your bid.

Auction Co.'s Right to Terminate Purchase. If for any reason Auction Co. is unable to complete the sale of

any purchase to buyer or provide such purchase free and clear of liens, even if the buyer was given

notice that he is the high bidder and purchaser, Buyer agrees that the Auction Co. may terminate the

purchase/agreement, in which case Auction Co.'s only liability shall be the return of any monies actually

paid by buyer.

Consent to Suit in Alabama. In the event of legal proceedings arising from this contract or from the

auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts

of the State of Alabama. Buyer also agrees that venue shall be in Jefferson County, Alabama and that the

laws of the State of Alabama shall govern this Agreement and the parties’ transaction hereunder.

The BUYER expressly agrees to indemnify and save the Auction Co., Seller and their assigns harmless

from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's

fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of

the Auction Co., or anyone acting in his/her behalf in connection with or arising out of auction, except that

the BUYER shall not be responsible to the Auction Co. for damages caused by or resulting from the

Auction Co.'s sole negligence.

Do not bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with

the terms above.

DISCLAIMER OF WARRANTY AND RELEASE

You expressly agree that use of this Web site is at your sole risk. Neither the Auction Co., its affiliates, nor

any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively,

“Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any

warranty as to the results that may be obtained from the use of this site, or as to the accuracy,

completeness, reliability, security, or currency of the Site.

The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not

warrant reliability of any statement or other information displayed or distributed through the Site. Provider

reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Provider may make any other changes to this Site at any time without notice.

Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider

is not responsible for any service interruptions, including, but not limited to, interruptions that may affect

aspects of the sale of equipment.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED

ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. PROVIDER MAKES NO

REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE

OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO

THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY

DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY

OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER

PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF

THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF

INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF

IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE

EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

In the event that you have a dispute with one or more users, you release Provider (and our officers,

directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages

(actual and consequential) of every kind and nature, known and unknown, arising out of or in any way

connected with such disputes.

LIMITATION OF LIABILITIES

YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE,

LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION

OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR

PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH

LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT

LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO

YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE

DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF

DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR

INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS,

CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR

INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO

USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT,

REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE

LIMITATION MAY NOT APPLY TO YOU.

Thank you for using this site!