Terms and Conditions

The MBIDZ policies are rules and guidelines that help to create a safe, fair and enjoyable trading environment for all MBIDZ participants. As a buyer, you agree to accept responsibility for reviewing and understanding all applicable laws and regulations as set forth in the Terms and Conditions.

MBIDZ - TERMS AND CONDITIONS

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License:

Permission is granted to temporarily download one copy of the materials (information or software) on MBIDZ's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: 
  • modify or copy the materials:
  • manipulate the price of any item or interfere with other users' listings;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on MBIDZ's web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by MBIDZ at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

We reserve the right to cancel unconfirmed accounts or accounts that we consider inactive.

If we believe you are abusing MBIDZ in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

You may not bid on an item on this Site if you are not able to form legally binding contract, are under the age of 18, are temporarily or indefinitely suspended from our Site. You also must be a person(s), business or government entity with an e-mail address that can enter into legally binding contracts under applicable law. You also agree you will NOT Bid with no serious intention of buying and NOT commit to purchasing an item by winning the item, without the intention of paying for it, in full.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

 
Disclaimer:
 
The materials on MBIDZ’s web site are provided "as is". MBIDZ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Port City Auction does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
 
Limitations:
 
In no event shall MBIDZ or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on port City Auction’s Internet site, even if MBIDZ or a MBIDZ authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
 
Liability:
 
The measure of MBIDZ’s liability, in any case where liability of MBIDZ to the Buyer has been established, shall not exceed refund of the portion of the purchase price as MBIDZ may have received.
 
Links:
 
MBIDZ has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MBIDZ of the site. Use of any such linked web site is at the user’s own risk.
 
Content:

When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against MBIDZ, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content.

You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our Affiliates and operators of DejaNET Group LLC associated properties.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. MBIDZ takes no responsibility and assumes no liability for any content provided by you or any third party.

The name "MBIDZ" and other MBIDZ marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of MBIDZ in the U.S. and other countries. They may not be used without the express written prior permission of MBIDZ.


Revisons and Errata:
 
The materials appearing on MBIDZ’s web site could include technical, typographical, or photographic errors. MBIDZ does not warrant that any of the materials on its web site are accurate, complete, or current. MBIDZ may make changes to the materials contained on its web site at any time without notice. MBIDZ does not, however, make any commitment to update the materials.
 
Shill Bidding. Capping, Steering, Buy Backs:
 
Shill bidding damages the integrity and fairness of the marketplace. For that reason, we prohibit shill bidding. Shill bidding happens when anyone - including family, friends, roommates, employees, or online connections - bids on an item with the intent to artificially increase its price or desirability. In addition, sellers cannot bid on or buy items in order to "ensure ones investment". Shill bidders risk having their accounts banned and/or reported to authorities for fraud. Shill bidding shall be determined solely by MBIDZ. Violations of this policy may result in a range of actions, including: 
  • Listing cancellation
  • Forfeit of MBIDZ fees on cancelled listings
  • Limits on account privileges
  • Loss of Verified status
  • Account suspension
  • Referral to Law Enforcement
Shill bidding is also illegal in many places and can carry severe penalties. MBIDZ has a ZERO TOLERANCE POLICY against shill bidding and uses IP Address Tracking and other methods to enforce this.
 

Anti-Counterfeiting Policy:
Customers must be able to trust that they can always buy with confidence on MBIDZ. Therefore, products offered for sale on MBIDZ must be authentic. The sale of counterfeit products, including any products that have been illegally replicated, reproduced, or manufactured, is strictly prohibited.
We take product authenticity very seriously. It is each seller’s responsibility to source and sell only authentic products. If you sell counterfeit goods, we may immediately suspend or terminate your selling privileges. The sale of counterfeit goods can also lead to legal action by rights holders and civil and criminal penalties.


Items and Descriptions:
 
The list of material offered for sale and its description has been compiled from available data, but there is no guarantee or warranty on the part of MBIDZ relative to quantity, kind, character, description, condition, and/or suitability for use for which it may be desired by the buyer, or in any other respect whatsoever.
 
Acceptable Payment Methods:
 
Payment for property purchased from MBIDZ sellers must be made either in person or online. Each MBIDZ seller determines what payment methods they are willing to accept. Please carefully read each and every auction listing to find the acceptable payment methods for that particular auction listing.
 
Michigan Sales / Use Tax:
 
All items for sale by MBIDZ sellers are subject to all applicable Michigan Sales/Use Tax in accordance with Michigan Sales Tax Act #167, P. A. 1933, as amended.
 
Tax Exempt Customers:

Michigan residents who are tax exempt are required to submit a signed Michigan Sales and Use Tax Certificate of Exemption Form 3372 for each and every purchase from each and every MBIDZ registered seller that you are claiming a tax exemption against.
 
Sanctions:
 
Bidders may be barred from participation in MBIDZ sales or use of the MBIDZ web site for any of the following:
  • a) Failure to observe the terms and conditions of sale and/or website.
  • b) Payment for purchases with any payment method, which is dishonored by a payer bank, depository bank, intermediary bank, collecting bank, presenting bank, or remitting bank as dishonered, insufficient, stolen, or counterfeit.
  • c) Failure to claim all purchases during the time period specified.
  • d) Shilling, capping, or steering relative to an auction.
  • e) Attempting to consign stolen goods.
  • f) Theft.
Buyers Responsibility; Forfeiture:
 
It is the buyer’s responsibility to complete the sale according to the terms provided in the auction listing or all rights to the said auction item(s) will be forfeited. Failure to follow through with any and all of the Terms and Conditions will result in a buyer’s MBIDZ account being closed with forfeiture of eligibility to bid on future items and may also lead to civil action in a court of law.
Force Majeure:

MBIDZ will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
 
Item Withdrawal:

MBIDZ reserves the right to withdraw any item from auction or at its absolute discretion, to reject any and/or all bids considered, as not in its best interest.
 
Site Terms of Use Modifications:
MBIDZ may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms of Service and Privacy Policy.
 
Governing Law: 
Any claim relating to MBIDZ’s web site shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.

This document was last updated on November 1, 2017