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Terms and Conditions

This Terms of Use Agreement ("Terms of Use") is between User (He/She/It) acting as Bidder, Buyer or Seller,and DrCheaps.com, Inc. ("DrCheaps") and sets forth the terms and conditions governing their use of DrCheaps web site currently located at www.drcheaps.com (this "Site"). These Terms of Use also incorporate by reference any other terms relevant to this Site, including DrCheaps privacy policy.  BY ACCESSING THIS SITE, USER, BUYER OR SELLER ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN TERMS OF USE. User’s must be 18 years of age to participate in our auction. If User does not accept all of the terms and conditions in these Terms of Use, do not use this Site or DrCheaps services associated with this Site. DrCheaps may amend these Terms of Use at any time by posting the amended terms on this Site and such terms shall be effective for all use of this Site and any services provided by DrCheaps via this Site once they are posted. DrCheaps, in its sole discretion, may also add, delete or change some or all of the features of this Site or DrCheaps services at any time. 
 
The Content on this Site 

All Users acknowledge that this Site may include information, communications, software, photos, text, video, graphics, button icons, logos, music, sounds, images and other material and services (collectively, "Content") which are generally provided by DrCheaps or by licensors or suppliers of DrCheaps, including other users of this Site. User’s agree and acknowledge that, notwithstanding that DrCheaps provides User’s with access to the Content, the Content is protected by patent rights, copyrights, trademarks, trade secrets and other intellectual property and proprietary rights (collectively, "Rights"). In addition to DrCheaps and its licensors' and suppliers' Rights in individual elements of the Content, DrCheaps owns a copyright in the selection, coordination, arrangement and enhancement of the Content. DrCheaps authorizes User to download and print documents and portions of documents published by DrCheaps on this Site solely for User’s own internal purposes. Any other copying, modification, reproduction, performance, display, redistribution, retransmission, publication or incorporation into any other web site or other work of any downloaded material is strictly prohibited without the express written consent of DrCheaps. Mirroring this Site and framing this Site are also strictly prohibited without the express written consent of DrCheaps. Users may not use any "robot," "spider," or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or Content found on this Site, in any case, without the prior written permission of DrCheaps. All Users agree that as user, He/She/It will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site.

Description of Services

DrCheaps.com acts as a venue, marketing agent for Sellers to list properties and Buyers to bid on properties.  DrCheaps.com is not involved in the actual transactions between Buyers and Sellers and assumes no responsibility for actions made based on the information or services on DrCheaps.com.  In the even that that any parties using our Site, including Sellers, Buyers and Bidders, have a dispute, the Company (including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any connected with such disputes.  The information published on the Site may include inaccuracies or errors. Every attempt has been made to describe all property as accurately as possible.  However DrCheaps does not warrant or represent, and denies responsibility for the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statement of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of DrCheaps.  In no event shall DrCheaps (and our officers, directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way connected with the use of the Site, the delay or inability to use the Site, or any information or services obtained from the Site.

 
Registration with DrCheaps

 
 
To place bids on this Site, purchase products on this Site, or use certain other functionality of the Site, User must complete our online registration form, thereby providing us with certain information, including, but not limited to, the identification code to be used by User when User accesses this Site (User ID), User email address and User credit card information to be used for any winning bids User may have or any of the Administrative Fees described in the Site. In addition, to post User Information on this Site, the User must provide us with additional information, including, without limitation, a password (Password).  User is responsible for, and bear the risk of, use of ID(s) and Password(s) assigned to User, whether or not such use is authorized by User, and DrCheaps shall have no responsibility for controlling or monitoring the use of user IDs and Passwords and no liability for any use (authorized or unauthorized) of IDs and Passwords. Accordingly, in order to prevent the unauthorized use of IDs and Passwords, User agrees that He/She/It will take such actions as are necessary to maintain the confidentiality of the User’s Password. In connection with the operation and use of this Site and our services, All Users hereby authorize DrCheaps and any party claiming through DrCheaps, including other users, to rely upon any information and/or instructions set forth in any posting using the ID and Password assigned to the User without making further investigation or inquiry and regardless of the actual identity of the individual transmitting the same.

Sellers must be the rightful owners or authorized by the owners of such property, a court of law, or through power of attorney to sell an Asset.  Sellers must produce evidence of ownership and/or authorization to sell and Asset upon request of DrCheaps or a Buyer.

 
 
Bidding 

Assets are listed for the specified bidding periods shown on the Site and are deemed “sold” at the close of bidding which will be set at a time pre-determined by the Seller.  Each Asset will have a description and disclosure information on the Site, as well as any additional conditions of sale provided by the Seller.  Once bidding commences, Bidders may make a bid at any time prior to closing of the bidding.  All Assets will have a minimum bid price disclosed on the Site.  For certain Assets, the Seller may impose a reserve price which is not disclosed on the Site.  If there are no bids above the minimum bid or reserve price (whichever is higher), then the Seller is not obligate to sell the Asset.   After bidding closes on each Asset, DrCheaps will send the highest Bidder and Seller an email detailing the highest bid and contact information.  In all auctions Buyers who receive a winning bid notice are legally bound to buy the asset at the quoted bid amount (see “Obligations of Buyers and Sellers” below), and the Seller is legally bound to sell the asset, pursuant to These Terms & Conditions, subject to the additional conditions of sale specified by Seller.  The Seller is obligated to contact the winning Bidder within three (3) business days to complete the transaction (or the Seller may engage a representative, including DrCheaps to contact the winning Bidder on the Seller’s behalf, pursuant to prior agreement).  After three (3) business days if the Seller is unable to contact the winning Bidder, for whatever reason, the Seller may, in its sole discretion (i) continue to attempt to contact the high bidder with assistance from DrCheaps; (ii) after contacting DrCheaps, contact the second highest Bidder and sell the Asset to the second highest Bidder; or (iii) re-list the asset on the Site.  By selling an Asset to the next highest Bidder, neither the Seller nor DrCheaps is releasing any claims he/she/it may have against the highest Bidder for non-performance.  Once the Seller contacts the winning Bidder, the Seller and winning Bidder shall complete the settlement of the purchase and sale of the Asset pursuant to “Settlement of Transactions” below. 
All Travel items are offered subject to availability in specific, contracted classes of service. Once reservations are confirmed or certificates are provided they are NON-REFUNDABLE AND NON-CHANGEABLE. Reservations cannot be changed or endorsed in any way after issuance. After departure, all issues pertaining to routing and carriage are at the sole discretion of the service provider involved.                                              

 
 
 
Obligations of Buyers and Sellers

These Terms & Conditions, together with any additional conditions of sale provided by a Seller for a particular Asset disclosed on the Site, comprise a contract between a Seller and the winning Bidder in any completed auction.  By bidding on an Asset a Bidder agrees, and by listing an Asset on the Site, a Seller agrees, to be bound by these Terms & Conditions and the Seller’s conditions of sale included in the Asset’s description, so long as those conditions of sale are not in violation of these Terms & Conditions or unlawful.  In the event of any direct conflict between these Terms & Conditions and any conditions of sale provided by a Seller, then these Terms & Conditions shall prevail, except that in the event of a direct conflict regarding the timing and requirements of settlement provided in the above “Settlement of Transactions”. Then the Seller’s conditions of sale shall prevail with respect to such provisions.

A bid made by a Buyer is an offer to purchase the asset from the Seller at the stated price.  The bid is an irrevocable offer, subject only to material changes in the description of an asset made after such bid is placed by a Buyer.  Buyers are required to conduct any research or due diligence of an asset prior to making a bid.  All Assets are listed and sold on an “as is” basis.  If a Buyer bids on an asset and that bid represents the highest bid for that asset, and the highest bid is at or above the Seller’s minimum and/or reserve price (whichever is higher), the Buyer’s bid is deemed accepted by the Seller, except for an exceptional circumstance, such as a typographical error.  Once a Buyer’s bid is accepted by the Seller, the Buyer is obligated to purchase the asset at the price He/She/It offered and pursuant to these Terms & Conditions and the Seller’s conditions of sale.  If a Seller receives at least one bid at or above the Seller’s stated minimum price and or stated reserve price, the Seller is obligated to complete the transaction with the highest Bidder upon the completion of the bidding, unless there is an exceptional circumstance, such as a clear typographical error or other conditions stated in these Terms and Conditions.

Settlement of Transactions 

The settlement of a purchase and sale of an Asset following a completed bidding process shall be conducted pursuant to this Section, unless otherwise provided in the Seller’s conditions of sale or in a written agreement executed by the Buyer and Seller.  Unless otherwise provided in the Seller’s conditions of sale or otherwise agreed upon by the Seller and Buyer in writing, final settlement shall take place no later than seven(7) business days after Buyer is given a Winning Bid notice. 
IF THE USER IS THE WINNING BIDDER IN A TRAVEL AUCTION, TRIPS MUST BE PAID FOR WITHIN 72 HOURS. FAILURE TO CLAIM THE USERS TRIP WITHIN 72 HOURS OF THE CONCLUSION OF THE AUCTION, DESPITE THE DELIVERY OF REMINDER EMAILS TO THE ADDRESS IN THE USER PROFILE, DRCHEAPS RESERVES THE RIGHT TO CHARGE USER A $100 ADMINISTRATIVE FEE FOR EACH TRIP THE USER FAILS TO CLAIM (ADMINISTRATIVE FEE). This Administrative Fee, and any other payments User must make hereunder, will be charged to the credit card listed in the User profile.

All charges will be placed against the credit card of record provided in the auction file under Payment Information. Requests to split payment between credit cards can be submitted, however, no guarantee can be made that DrCheaps will be able to honor such requests and the User agrees that DrCheaps will not be held responsible for any losses arising from failure to do so. Buyers and Sellers agree to acceptance of the fee schedule as posted on DrCheaps Site. 
 
Additionally, DrCheaps is a US based company and all transactions are in US Dollars which are converted to other currencies at the prevailing rates of exchange. By registering, user agrees that He/She/It will not hold DrCheaps responsible for any costs arising from currency rate differentials or fluctuations in exchange rates and that any costs arising from such foreign currency transactions, whether payments or refunds, will be borne solely by the member.

 
 
 
User Information

 
 
"User Information includes any information He/She/It provides to us or other users or that we derive or gain as a result of the registration process or otherwise in connection with their use of this Site. We welcome User posting of He/She/It’s Information; however, we do not want and cannot accept any ideas, materials or suggestions He/She/It may consider to be confidential or proprietary.

 
 
Subject to this Terms of Use and the terms of DrCheaps privacy policy, by posting His/Her/Their User Information on or through this Site, all Users automatically grant DrCheaps a worldwide, royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display their Information alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights to others. 
 
All User’s are solely responsible for their Information. However, we may take any action we deem necessary or appropriate in our sole discretion if we believe the User Information creates a risk of liability to DrCheaps.

 
 
Privacy Policy

 
 
DrCheaps will only use and disclose User Information in accordance with these Terms of Use and our most current Privacy Policy which is available on this Site. All Users represent that He/She/It have read the terms of such Privacy Policy, and agree that such terms are reasonable.

Participant Conduct

Each user of the DrCheaps Site is solely responsible for the content of his/her/its transmissions.  Use of the Site is subject to all applicable local, state, national and international laws and regulations.  All users agree: (i) to comply with international law regarding the transmission of technical data exported from any country through the Site; (ii) not to use the Site for illegal purposes including but not limited to the sale of any regulated substances; (iii) not to interfere or disrupt networks connected to the Site; and (iv) to comply with all regulations, policies and procedures of networks connected to the Site. (v) not to use the site to solicit DrCheaps users to visit other sites.  Users agrees not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.  Users further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.   
 
Links 
 
Our Site contains links to other web sites on the Internet that are owned and operated by third parties. DrCheaps provides these links solely as a convenience. The appearance of a link does not imply our endorsement of, nor are we responsible for the content of, any linked web site. Users access linked web sites at his/her/its own risk.

 
 
No Warranty

 
 
DRCHEAPS PROVIDES THIS SITE AND ITS CONTENT "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DRCHEAPS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. DrCheaps does not guarantee continuous, uninterrupted or secure access to its services, and operation of this Site may be interfered with by numerous factors outside of its control, including but not limited to telecommunications network disruptions. Further, DrCheaps does not guarantee the accuracy, timeliness or completeness of any information on this Site or the results of any use of this Site. The Internet is not a secure method of transmission, and DrCheaps cannot guarantee that data en route to or from this Site are secure from unauthorized, unknown or unforeseeable security breaches. Neither DrCheaps nor any of its third party providers or distributors warrants that this Site, its servers or any email sent from DrCheaps are free of viruses or other harmful components.

 
 
Limitation of Liability

 
 
IN NO EVENT SHALL DRCHEAPS ITS INTERNET SERVICE RPOVIDORS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS OF USE, (II) ANY USE OF THE SITE OR THE CONTENT FOUND HEREIN, (III) ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (IV) THE PERFORMANCE OR NON-PERFORMANCE BY DRCHEAPS OR ANY THIRD PARTY DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. DRCHEAPS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE USERS COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF USERS ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR USER DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.  
 
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DRCHEAPS AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS AND SUPPLIERS, TO THE USER OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100.

 
 
Termination 
 
These Terms of Use will remain in full force and effect until terminated by either User/ Buyer/ Seller or DrCheaps. If He/She/It are dissatisfied with the terms and conditions set forth herein, their sole remedy is to discontinue their use of this Site. DrCheaps may terminate these Terms of Use or suspend his/her/it’s access to all or part of this Site without notice, for any conduct that DrCheaps, in its sole discretion, believes is disruptive to this Site, is in violation of any applicable law or violates these Terms of Use.

 
 
General Compliance with Laws

 
 
All Users/ Buyers/ Sellers shall comply with all applicable laws, statutes, ordinances and regulations regarding their use of this Site.

 
 
Notices 
 
Except as explicitly stated otherwise herein, any notices under these Terms of Use shall be given to the address indicated below or by email to DrCheaps customer support email address (in the case of DrCheaps) and to the email address Users provide to DrCheaps during the registration process, or such other address as the User may specify from time to time by updating their user profile. Notice shall be deemed given six hours after email is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the email address is invalid. Alternatively, we may give any User notice by certified mail or first class mail, postage prepaid, to the address provided to DrCheaps during any registration process (or updates thereto). In such case, notice shall be deemed given three days after the date of mailing.

 
 
No Waiver

 
 
The failure of DrCheaps to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

 
 
Applicable Law

 
 
This Site is controlled by DrCheaps, Inc, a Montana corporation, from its offices in Oregon City, Oregon, USA. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Oregon and Montana, USA and applicable federal law, without regard to any conflict of law provisions. DrCheaps makes no representation that the Content in this Site is appropriate for access outside of the United States. Buyers, sellers and bidders that access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. Buyers, sellers and bidders and DrCheaps irrevocably agree that venue and jurisdiction for any disputes arising hereunder lies exclusively in Oregon or Montana, USA  and they all hereby submit to personal jurisdiction in Oregon or Montana and waive any objection to venue, jurisdiction and forum non conveniens.

 
 
Indemnification 
 
All Users agree to indemnify and hold DrCheaps and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of any breach by User of these Terms of Use (including, without limitation, the documents incorporated by reference), or the Users violation of any law or the rights of any third party.

 
 
Savings Clause

 
 
If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provisions, and the remainder of these Terms of Use will remain in full force.

 
 
Trademarks 
 
DrCheaps.com, Inc., the DrCheaps logo, DrCheaps and DrCheaps.com are trademarks or service marks of DrCheaps.com, Inc. All such trademarks, trade names and service marks are proprietary to DrCheaps and may not be used in connection with any product or service that is not DrCheaps, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits DrCheaps, without DrCheaps express written permission. All other trademarks, product names and company names and logos are the property of their respective owners. Users agree not to change, obscure or delete copyright, trademark or other proprietary notices from any Content which User may download or print.


9/19/2017 9:18:14 AM  Contact  |   Terms & Conditions  |   Privacy Policy  |   About Us  |   Fees
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