CHERRY SPORTS BIDS LLC
Last modified on April 5, 2019
These Terms govern your access to and use of the Services and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
By clicking a box that states you accept or agree to these terms or by using our Service, you are agreeing to the terms below. Please read them carefully. If you do not agree to the Terms, you must stop using the Services and delete your account.
We reserve the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to Feedback@dashapp.io.
1. Access to Services.
(a) DASH does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to DASH or on the Services. If we learn we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at DASHapp.io.
(b) You represent and warrant to DASH that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
© DASH may prohibit any user from using the Services in its sole discretion for any reason, and We are not liable for any damage or loss resulting from such prohibition.
2. Basic Terms.
(a) You are responsible for using the Services, for any Content you post to the Services, and for any consequences. Some Content you submit, post, or display, such as bids, can be viewed by other users of the Services. Only provide Content that you are comfortable sharing with others under these Terms.
(b) You may use the Services only if you can form a contract with DASH and are not barred from receiving Services under the laws of the United States or other applicable jurisdiction. Before you can bid on an item, you must register for an account with DASH. If you are accepting these Terms and using the Services for a company, organization, government, or other legal entity, you represent and warrant you are authorized to do so. You may use the Services only in compliance with these Terms and all local, state, national, and international laws, rules and regulations.
© The Services that DASH provides are always evolving, and the form of the Services that DASH provides may change from time to time without prior notice to you. DASH may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion without prior notice to you.
(d) The Services may include advertisements, which may be targeted to the Content or information on the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for DASH granting you access to and use of the Services, you agree that DASH, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services.
3. Fees and Payment for Services.
Although creating an account for Services is free to users, the Company reserves the right to require payment of fees for certain or all Services. If you so elect, you shall pay all applicable fees, as described on the Website for such Services selected by you. Company reserves the right to change its price list and to institute new charges upon notice to you, which may be sent by email or posted on the Website. Using the Services following such notification constitutes your acceptance of any new or increased charges. You are responsible for paying all applicable taxes, and for all hardware, software, service, and other costs you incur to bid, buy, or access our servers.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your DASH account. DASH cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
6. Content on the Services.
(a) You are granted a limited, nonexclusive, non-sublicensable license to access and use the Service. This license is revocable at any time. This license is subject to these Terms.
(b) You acknowledge that DASH has no control over, and no duty to take any action regarding the following: (i) which users gains access to the Services; (ii) what Content you access via the Services; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services.
© DASH makes every effort to ensure that auction items are authentic; however, we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, authenticity, or reliability of any Content or auction item posted via the Services. Under no circumstances will DASH be liable in any way for any Content, including, but not limited to, any inauthentic auction item, or any loss or damage of any kind incurred as a result of the use of the Service.
(d) DASH has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. DASH also has the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content.
(e) You acknowledge that DASH provides a venue to allow certain partners to offer and sell items. DASH may help facilitate the resolution of disputes through various programs; however, DASH has no control over and does not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of items listed for auction, or that a seller will actually complete a transaction. DASH does not transfer the legal ownership of items from seller to buyer.
7. Prohibited Use.
(a) We reserve the right (but will not have an obligation) to suspend or terminate users or reclaim usernames without liability to you. We also reserve the right to retrieve and review interactions between all DASH users. As a normal course of business, we do not review interactions between the users, but if we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
(b) You are prohibited from using the Services in a manner that:
i. Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; i. Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; ii. Is a direct and specific threat of violence to others; iii. Is in furtherance of illegal activities; iv. Is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or v. Is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.
© You may not submit Content or bids that contains falsehoods or misrepresentations, or, violates the publicity, privacy or data protection rights of others, impersonates others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to circumvent, disable or otherwise interfere with the security related features of the Services or features that prevent or restrict using any content.
(e) You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, DASH’s computer systems, or the technical delivery systems of DASH’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by DASH (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with DASH (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services.
8. Bidding and Bids; Stripe
(a) Once you have successfully registered for an account with DASH, you may bid for items offered in an auction. Each bid shall be final and binding immediately upon submission.
(b) All bids are subject to a HandlingFee which is in addition to the placed successful bid. Unless otherwise specified in writing, the Handling Fee per lot is three percent (3%) of the placed successful bid.
© A BID IS A LEGAL OFFER TO BUY THE PRODUCT. AS A BIDDER, IF YOU HAVE THE HIGHEST BID AT THE END OF THE AUCTION, AT OR ABOVE THE MINIMUM BID PRICE, AND YOUR BID IS ACCEPTED, YOU ARE OBLIGATED TO COMPLETE THE TRANSACTION. BIDS ARE NOT RETRACTABLE.
(d) You acknowledge that you are bidding in a live auction, and you agree that each bid submitted as provided in these Terms is irrevocable and cannot be amended or corrected. You accept full liability for all bids submitted via your DASH account (including the liability to pay in full and on time for all successful bids).
(e) If you choose to use the Services to bid on an item, you do so entirely at your own risk. The Content displayed via the Services may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the Content or that any defects will be corrected. Any reliance on any such Content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services.
(f) WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA THE SERVICES.
(g) All sales are strictly for cash in United States dollars (including U.S. currency, bank wire, cashier checks, travelers checks, eChecks, and bank money orders, and are subject to all reporting requirements). All deliveries are subject to good funds; funds being received in DASH’S account before delivery of the Purchases; and all payments are subject to a clearing period. DASH reserves the right to determine if a check constitutes “good funds”: checks drawn on a U.S. bank are subject to a ten (10) business day hold, and thirty days when drawn on an international bank. Clients with pre-arranged credit status may receive immediate credit for payments via eCheck, personal, or corporate checks. All others will be subject to a hold of 5 days, or more, for the funds to clear prior to releasing merchandise.
(h) Payment is due upon the closing of the auction session, or upon presentment of an invoice. DASH reserves the right to void an invoice if payment in full is not received within ten (10) calendar days after the closing of the auction session. In the event that your payment is dishonored upon presentment, you shall pay the maximum statutory processing fee set by applicable state law. In cases of non-payment, DASH’s election to void a sale does not relieve you from your obligation to pay DASH any fees (including reasonable costs of resale) on the lot or any other damages pertaining to the lot. DASH may offset the amount of its claim against any monies owing to you or secure its claim against any of your properties held by DASH.
(i) If any Auction invoice submitted by DASH is not paid in full when due, the unpaid balance will bear interest at the highest rate permitted by law from the date of invoice until paid. Any invoice not paid when due will bear a three percent (3%) late fee on the invoice amount. If DASH refers any invoice to an attorney for collection, the buyer agrees to pay attorney’s fees, court costs, and other collection costs incurred by DASH. If DASH assigns collection to its in-house legal staff, such attorney’s time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.
(j) In the event you, as a successful bidder, fail to pay any amounts due, DASH reserves the right to sell the lot(s) securing the invoice to any underbidders in the Auction that the lot(s) appeared, or at subsequent private or public sale, or relist the lot(s) in a future auction conducted by DASH. All defaulting bidders are liable for the reasonable costs of resale (including a 15% seller’s commission) and any amounts still owed after deducting the net proceeds of the lot(s) from the original invoice for the lot(s), plus any applicable interest and fees.
(k) You are responsible for paying all shipping and handling costs of an item in the event of an accepted bid. Items will be shipped in a commercially reasonable time after payment in good funds.
(l) Title shall not pass to a successful bidder until all invoices are paid in full.
(m) Paragraph 8(e) notwithstanding, if the description of any item offered via the Services is materially incorrect, the item is returnable if returned within five (5) calendar days of receipt by the bidder, and received by DASH no later than twenty-one (21) calendar days after the auction date. If there is any discrepancy between the description on the Services and any applicable certificate of authenticity, the certificate of authenticity shall control. This paragraph shall constitute your sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by DASH.
9. Copyright Ownership, and Data Security.
(a) DASH owns or licenses intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs, functionality, and documentation (“DASH Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Service owned or licensed by DASH.
(B) THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE SERVICE POSTING OR REBROADCASTING THE CONTENT IN ANY WAY.
© DASH respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. DASH’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: Jonathan@dashapp.io.
(b) Any fees paid are non-refundable. Upon termination of your account, your right to use the Services or to access any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, DASH MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. DASH DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. Pursuant to Paragraph 6©, DASH does not guarantee the authenticity of any Content; however, DASH will take reasonable steps to facilitate a resolution between you and the seller in the event of a claim of inauthenticity.
12. Limitations on Liability.
(a) TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL DASH OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT DASH WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST TIME), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY ACCESS TO THE SERVICES OR ANY VIEWING OR USE OF ANY INFORMATION ON OR THROUGH THE SERVICES OR ANY CONTRACTUAL OR OTHER DEALINGS OR RELATIONSHIPS YOU MAY HAVE WITH THIRD PARTIES BASED UPON ANY INFORMATION INCLUDED IN OR THROUGH THE WEBSITE OR APP.
© TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL DASH OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO DASH HEREUNDER.
By agreeing to these Terms, you agree to indemnify, defend, and hold harmless DASH, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) using the Service; (b) any item you bid on or purchase through the Service; © violating these Terms; or (d) violating the rights of another.
14. Services Available “AS-IS.”
(a) Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, DASH DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(b) DASH makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from DASH or through the Services will create any warranty not expressly made herein.
15. International Users.
The Service is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by United States law, you are transferring your personal information to the United States and you consent to that transfer.
16. Children’s Privacy.
DASH does not knowingly collect or solicit any information from anyone under the age of 17 or knowingly allow such persons to register for the Service. The Service and its Content are not directed as children under the age of 17. If we learn we have collected personal information from a child under the age of 17 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 17, please let us know at Feedback@dashapp.io.
17. Other Web Sites and Services.
(a) DASH’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.
(b) Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
© Any dispute between you and DASH will be governed by these Terms and the laws of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
(d) This Terms of Service constitutes the entire agreement between you and DASH and supersedes any and all previous agreements, written or oral, between you and DASH, including previous versions of the Terms of Service.
(e) We may modify these Terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Service.
(f) These Terms create an agreement between Us and you. They create no third-party beneficiary rights.
(g) Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future.
(h) These Terms of Service shall be deemed to have been entered into in Dallas County, Texas, and is governed and construed in accordance with the laws of the State of Texas, exclusive of choice of law and conflict of law provisions thereof. The state courts of general jurisdiction located within Dallas County, Texas, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Service and the App, and you expressly submit yourself to the personal jurisdiction of the State of Texas.
(i) In the event of any legal proceedings arising out of or relating to these Terms of Service, the prevailing party shall be entitled to reimbursement for all reasonable attorneys’ fees and costs incurred in connection therewith.
(j) By accessing or using any feature on our Websites or App or by submitting a User Registration form, you are verifying your agreement and compliance with all of the policies, terms and conditions as contained herein.