Information Collection and Use and Privacy
Notice
This privacy notice discloses the privacy practices for
GObidMD.com. This privacy notice applies solely to information collected by this
web site. It will notify you of the following. GObidMD.com is the sole owner of
the information collected on this site. We will not sell, share or rent this
information to others in ways different from what is disclosed in this
statement. GObidMD.com collects information from our users at several different
points on our website.
By reading through this document as well as the
associated Terms and Conditions of GObidMD.com, you will learn the
following:
- What personally identifiable information is collected from you through the
website;
- How it is used and with whom it may be shared;
- What choices are available to you regarding the use of your data;
- The security procedures are in place to protect the misuse of your
information;
- How you can correct any inaccuracies in the information.
RegistrationIn order to use this website, a
user must first complete the registration form. During registration a user is
required to give their contact information (such as name and email address).
This information is used to contact the user about the services on our site for
which they have expressed interest.
To become a seller on GObidMD.com, a
registered member must provide either an authorized credit card or checking
account to the GObidMD.com secure site. Members are welcome to add or update
their credit card information in their GObidMD.com account by filling out and
submitting the secure form.
- The transmitted credit card information is protected by industry-standard
SSL encryption;
- The credit card information will appear in the member’s GObidMD.com online
account immediately;
- The credit card on file will automatically be charged for the member’s
GObidMD.com invoices.
Tell-A-Friend‘Email this auction to a
friend’ is a feature that GObidMD.com offers its members to email specific
auctions to people that they feel would be interested in that auction. If you
choose to use our referral service to tell a friend about our site, we will ask
you for your friend’s name and email address. We will automatically send your
friend a one-time email inviting him or her to visit the site. GObidMD.com does
not store this information.
GObidMD.com also has the following policy in
place for this feature: We do not allow our site to be used for spamming
purposes. Please send emails only to people you know who would be interested in
this item. If this person asks you not to send this type of email to them again,
please comply. If you are using this service to advertise an item that you are
selling and the recipient complains, your account may be
inactivated.
CookiesA cookie
is a piece of data stored on the user’s hard drive containing information about
the user. Usage of a cookie is in no way linked to any personally identifiable
information while on our site. For instance, by setting a cookie on our site,
the user would not have to log in a password more than once, thereby saving time
while on our site. If a user rejects the cookie, they may still use our site.
The only drawback to this is that the user will be limited in some areas of our
site. For example, the user will not be able to participate in any of our
occasional Sweepstakes, Contests or monthly Drawings that take place. Cookies
can also enable us to track and target the interests of our users to enhance the
experience on our site. If a user chooses to reject cookies they will need to
log in repeatedly in order to use the site.
Some of our business partners
may use cookies on our site (for example, advertisers). However, we have no
access to or control over these cookies.
Log FilesWe use IP addresses to analyze
trends, administer the site, track user’s movement and gather broad demographic
information for aggregate use.
SharingWe will share aggregated demographic
information with our partners and advertisers. This is not linked to any
personal information that can identify any individual person.
We use a
credit card processing company to bill users for goods and services. These
companies do not retain, share, store or use personally identifiable information
for any secondary purposes.
We reserve the right to disclose your
personally identifiable information as required by law and when we believe that
disclosure is necessary to protect our rights and/or to comply with a judicial
proceeding, court order or legal process served on our Web site.
LinksThis web site contains links to other
sites. Please be aware that we [GObidMD.com] are not responsible for the privacy
practices of such other sites. We encourage our users to be aware when they
leave our site and to read the privacy statements of each and every web site
that collects personally identifiable information. This privacy statement
applies solely to information collected by this website.
The Message
Board Terms of Service (TOS) Rules and Guidelines are located in the Community
section of GObidMD.com. All members participating in our public message forums
are responsible for their own words. Users should be aware that any personally
identifiable information submitted on our Message Boards can be read, collected
or used by other users of these forums, and could be used to send unsolicited
messages. We are not responsible for the personally identifiable information
users choose to submit in these forums. To view the GObidMD.com Message Boards
TOS Rules and Guidelines please go to the link on the webpage.
Surveys & ContestsFrom time-to-time our
site requests information from users via surveys or contests. Participation in
these surveys or contests is completely voluntary and the user therefore has a
choice whether or not to disclose this information. Information requested may
include contact information (such as name and shipping address) and demographic
information (such as zip code, age level). Contact information will be used to
notify the winners and award prizes. Survey information will be used for
purposes of monitoring or improving the use and satisfaction of this
site.
SecurityThis website
takes precautions to protect our user’s information. When users submit sensitive
information via the website, your information is protected both online and
off-line.
When our Create Seller Account form asks users to enter
sensitive information (such as credit card number), that information is
encrypted and is protected with encryption software - SSL. While on a secure
page, such as our order form, the lock icon on the bottom of Web browsers such
as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed
to un-locked, or open, when you are just surfing.
While we use SSL
encryption to protect sensitive information online, we also take steps to
protect user-information off-line. We use industry standard measures to protect
user information.
If you have any questions about the security at our
website, you can send an email to info@GObidMD.com
Special OffersWe send all new members a
welcoming email to verify password and username. Established members will
occasionally receive information on products, services, special deals and a
newsletter. Out of respect for the privacy of our users we present the option to
not receive these types of communications. Please see our choice and opt-out
below.
Site and Service
UpdatesWe also send the user site and service announcement updates.
Members are not able to un-subscribe from service announcements, which contain
important information about the service. We communicate with the user to provide
requested services and in regards to issues relating to their account via email
or phone.
Correction/Updating Personal
Information:If a users personally identifiable information changes
(such as your zip code), or if a user no longer desires our service, we will
endeavor to provide a way to correct, update or remove that users personal data
provided to us.
Choice
/Opt-outOur users are given the opportunity to opt-out of having
their information used for purposes not directly related to our site at the
point where we ask for the information. For example, our registration form has
an opt-out mechanism so users who register, but don’t want any marketing
material, can keep their email address off of our lists.
Users who no
longer wish to receive our newsletter or promotional materials from our partners
may opt-out of receiving these communications by unsubscribing by emailing us at
info@GObidMD.com and entering ‘unsubscribe’ in the body of the
email.
Users of our site are notified when their information is being
collected by any outside parties. We do this so our users can make an informed
choice as to whether they should proceed with services that require an outside
party, or not.
Notification of
ChangesIf we decide to change our privacy policy, we will post those
changes on our GObidMD.com Policies section so our users are always aware of
what information we collect, how we use it and under circumstances, if any, we
disclose it. If at any point we decide to use personally identifiable
information in a manner different from that stated at the time it was collected,
we will notify users by way of an email. Users will have a choice as to whether
or not we use their information in this different manner. We will use
information in accordance with the privacy policy under which the information
was collected.
TERMS AND
CONDITIONSThis Agreement describes the terms and conditions
applicable to your use of our services at GoBidMD.com. GoBidMD.com is owned and
operated by The Laser Network L.L.C. If you have any questions please email them
to info@TheLaserTrader.com.
We may amend this Agreement at any time by
posting the amended terms on our site. Except as stated below, all amended terms
shall automatically be effective 30 days after they are initially posted on our
site. This Agreement may not be otherwise amended except in a writing signed by
you and The Laser Network L.L.C. This agreement was last revised on November 11,
2005.
- Membership Eligibility.
Our
services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services are
not available to minors. If you do not qualify, please do not use our services.
Further, our services are not available to temporarily or indefinitely suspended
GObidMD.com members.
- Fees and Services.
Joining and
bidding on items at GObidMD.com is free. Our Fees Policy is available by
clicking on the FEES link at the bottom of the website page. We may change our
Fees and Credits Policy and the fees for our services from time to time. Our
changes to the policy are effective after we provide you with at least seven (7)
days notice of the changes by posting the changes on the user agreement.
However, we may choose to temporarily change our Fees and Credits Policy and the
fees for our services for promotional events (for example, free listing days)
and such changes are effective when we post the temporary promotional event on
the announcements board. When you list an item you have an opportunity to review
and accept the fees that you will be charged for the use of our listing
services. We may, in our sole discretion, change some or all of our services at
any time. In the event we introduce a new service, the fees for that service are
effective at the launch of the service. Unless otherwise stated, all fees are
quoted in U.S. Dollars. You are solely responsible for paying all fees
associated with using our service and our website and all applicable taxes.
- GObidMD.com is Only a
Venue.
3.1 Overview. Our site acts as the venue for sellers to
list items (or, as appropriate, solicit offers to buy) and buyers to bid on
items. We are not involved in the actual transaction between buyers and sellers.
As a result, we have no control over the quality, safety or legality of the
items advertised, the truth or accuracy of the listings, the ability of sellers
to sell items or the ability of buyers to buy items. We cannot ensure that a
buyer or seller will actually complete a transaction.
3.2 Safe Trading.
Because user authentication on the Internet is difficult, GObidMD.com cannot and
does not confirm each user's purported identity. Thus, we have established a
user-initiated feedback system to help you evaluate with whom you are dealing.
We also encourage you to communicate directly with potential trading partners.
You may also wish to consider using a third party escrow service or services
that provide additional user verification.
3.3 Release. Because we are
not involved in the actual transaction between buyers and sellers, in the event
that you have a dispute with one or more users, you release GObidMD.com (and our
officers, directors, agents, subsidiaries and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes. If you are a California resident, you
waive California Civil Code #167;1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
3.4 Information
Control. We do not control the information provided by other users which is made
available through our system. You may find other user's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution, common sense,
and practice safe trading when using our site. Please note that there are also
risks of dealing with foreign nationals, underage persons or people acting under
false pretense.
- Bidding and Buying.
If you are the
highest bidder at the end of an auction (meeting the applicable minimum bid or
reserve requirements) and your bid is accepted by the seller, you are obligated
to complete the transaction with the seller unless the transaction is prohibited
by law or by this Agreement. By bidding on an item you agree to be bound by the
conditions of sale included in the item's description (or linked to from the
description) so long as those conditions of sale are not in violation of this
Agreement or unlawful. Bids are not retractable except in exceptional
circumstances such as when the seller materially changes the item's description
after you bid, a clear typographical error is made or you cannot authenticate
the seller's identity.
- Listing and Selling.
5.1
Listing Description. Listings may only include text descriptions, graphics and
pictures you supply to our site (or that you link to from our site) that
describe your item for sale (or as appropriate, for which you are soliciting
offers to buy). All listed items must be listed in an appropriate category. All
Dutch auction items must be identical (the size, color, make and model all must
be the same for each item). At any one time you may not promote identical items
in more than ten (10) listings (whether Dutch or Regular style auctions) on our
site.
5.2 Binding Bids. If you receive at least one bid at or above your
stated minimum price (or in the case of reserve auctions, at or above the
reserve price), you are obligated to complete the transaction with the highest
bidder upon the auction's completion unless there is an exceptional
circumstance, such as: (a) the buyer fails to meet the terms of your listing
(such as payment method), or (b) you cannot authenticate the buyer's
identity.
5.3 Fraud. Without limiting any other remedies, GObidMD.com may
suspend or terminate your account if you are found (by conviction, settlement,
insurance or escrow investigation or otherwise) to have engaged in fraudulent
activity in connection with our site.
5.4 Manipulation. Neither bidders
nor sellers may manipulate the price of any item nor may you interfere with
other user's listings or auctions.
- Your Information.
"Your
Information" is defined as any information you provide to us or other users in
the registration, bidding or listing process, in any public message area
(including the feedback area) or through any email feature. You are solely
responsible for Your Information, and we act as a passive conduit for your
online distribution and publication of Your Information. With respect to Your
Information:
6.1 Your Information (or any items listed therein): (a)
shall not be false, inaccurate or misleading; (b) shall not be fraudulent or
involve the sale of counterfeit or stolen items; (c) shall not infringe any
third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d) shall not violate any law,
statute, ordinance or regulation (including without limitation those governing
export control, consumer protection, unfair competition, antidiscrimination or
false advertising); (e) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (f) shall not be obscene or contain
pornography; (g) shall not contain any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; (h) shall not create liability for us
or cause us to lose (in whole or in part) the services of our ISP’s or other
suppliers; and (i) shall not link directly or indirectly to or include
descriptions of goods or services that: (aa) are prohibited under this
Agreement; (bb) are identical to other items you have up for auction but are
priced lower than your item's reserve or minimum bid amount; (cc) are
concurrently listed for auction on a web site other than GObidMD.com; or (dd)
you do not have a right to link to or include. Furthermore, you may not list any
item on our site (or consummate any transaction that was initiated using our
service) that, by paying to us the listing fee or the final value fee, could
cause us to violate any applicable law, statute, ordinance or
regulation.
6.2 Solely to enable GObidMD.com to use the information you
supply us with, so that we are not violating any rights you might have in that
information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to
exercise the copyright and publicity rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with respect to
Your Information. GObidMD.com will only use Your Information in accordance with
our Privacy Policy.
- Access and Interference.
Our web
site contains robot exclusion headers and you agree that you will not use any
robot, spider, other automatic device or manual process to monitor or copy our
web pages or the content contained herein without our prior expressed written
permission. You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the GObidMD.com
site or any auction being conducted on our site. You agree that you will not
take any action that imposes an unreasonable or disproportionately large load on
our infrastructure. Much of the information on our site is updated on a real
time basis and is proprietary or is licensed to GObidMD.com by our users or
third parties. You agree that you will not copy, reproduce, alter, modify,
create derivative works or publicly display any content (except for Your
Information) from our website without the prior expressed written permission of
GObidMD.com or the appropriate third party.
- Breach.
Without limiting other
remedies, we may immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to provide our services to you:
(a) if you breach this Agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information you provide to
us; or (c) if we believe that your actions may cause legal liability for you,
our users or us.
- Privacy.
Our current Privacy
Policy is available by clicking on the “Privacy” link on the bottom of our
website pages
- No Warranty.
WE AND OUR SUPPLIERS
PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights which
vary from state to state.
- Liability Limit.
IN NO EVENT SHALL
WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR
LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO
US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
Some states do not allow the limitation of liability so the foregoing limitation
may not apply to you.
- Indemnity.
You agree to indemnify
and hold us and our subsidiaries, affiliates, officers, directors, agents and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your breach of this
Agreement or the documents it incorporates by reference or your violation of any
law or the rights of a third party.
- Legal Compliance.
You shall comply
with all applicable laws, statutes, ordinances and regulations regarding your
use of our service and your bidding on, listing, purchase, solicitation of
offers to purchase and sale of items.
- No Agency.
You and GObidMD.com are
independent contractors and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.
- Notices.
Except as explicitly
stated otherwise, any notices shall be given by postal mail to The Laser Network
L.L.C., 19336 Goddard Ranch Court, Suite 203, Morrison, Colorado 80465 (in the
case of GObidMD.com) or to the email address you provide to GObidMD.com during
the registration process (in your case). Notice shall be deemed given 24 hours
after email is sent, unless the sending party is notified that the email address
is invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to GObidMD.com
during the registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
- Arbitration.
Any controversy or
claim arising out of or relating to this Agreement or our services shall be
settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Denver, Colorado and judgment on the arbitration award may
be entered into any court having jurisdiction thereof. Either you or GObidMD.com
may seek any interim or preliminary relief from a court of competent
jurisdiction in Denver, Colorado necessary to protect the rights or property of
you or GObidMD.com pending the completion of arbitration.
- Additional Terms.
The following
documents are incorporated by reference:
17.1 We may change our Privacy
Policy from time to time and our changes are effective after we provide you with
at least thirty (30) days' notice of the changes by posting the changes on the
announcements board and sending email to users who select such notification.
- General.
This Agreement shall be
governed in all respects by the laws of the State of Colorado as such laws are
applied to agreements entered into and to be performed entirely within Colorado
between Colorado residents. We do not guarantee continuous, uninterrupted or
secure access to our services, and operation of our site may be interfered with
by numerous factors outside of our control. If any provision of this Agreement
is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.
- Disclosures.
The services
hereunder are offered by GObidMD.com, affiliate of The Laser Network L.L.C.
located at 19336 Goddard Ranch Court, Suite 201-203, Morrison, Colorado
80465.
2006 Copyright GObidMD.com and The Laser Network, L.L.C. The
website and its contents are not to be used without the permission of The Laser
Network, L.L.C. The Laser Network and GObidMD.com are registered trademarks of
The Laser Network, L.L.C.