PLEASE NOTE THAT THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES, A DISCLAIMER OF LIABILITY, AND A RELEASE AND INDEMNIFICATION BY YOU
Bang Auction Inc, is an Ohio Corporation dba Bang Auctions and owns the website BANG AUCTION, INC. In this document Bang Auction Inc. (Bang) refers to itself, its subsidiaries and sister corporations.
BANG AUCTION INC. SOLEY REPRESENTS SELLERS AND NOT THE BUYER. A BUYER’S PREMIUM IS NO PROOF OF BANG AUCTIONS, INC’S BEING THE BUYER’S AGENT
- Additional Terms –There are specific provisions for the sales of personal property and real property and those terms prevail if they conflict with nay below. In the future there may additional posted guidelines, rules, or terms of service ("Additional Terms"), and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between this Agreement and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that this Agreement will control.
- Buyer – The person or entity who submits the highest bid, and whose bid is accepted by the Seller, is the Buyer and is bound to the purchase.
- Materials – Includes but is not limited to information, documents, logos, graphics, sounds and images.
- BANG AUCTION, INC. is an Ohio corporation. Any mention of BANG AUCTION, INC is referring to the Site owned by Bang Auction, Inc., which of course is BANGAUCTIONS.Com.
- Seller – The person or entity that lists the item for sale.
- Services – Refers to all services provided by BANG AUCTION, INC.
- Bid Rigging – means a conspiracy between any participants in an auction, or any other persons who agree not to bid against each other at an auction or who otherwise conspire to decrease or increase the number or amounts of bids offered at auction. This practice of shilling and or bid rigging is expressly prohibited by this Agreement.
- Site – The BANG AUCTION, INC website and any and all content thereon.
- Third Party Providers – Any third party authors, developers, or vendors who own the rights to any content on the Site.
- Third Party Site – A website owned by anyone other than BANG AUCTION INC.
- User – Any person who accesses or otherwise uses the Site.
- User Content – Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, BANG AUCTION INC. may permit visitors to post ratings, reviews, comments, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to conditions of this Agreement.
- “We,” “Us,” “Our” – The words “we", "us", and "our" refer to Bang Auction Inc. and or BANG AUCTION, INC., our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
- “You,” “Your” – The words "you" and "your" refer to each customer, Site visitor, or Application user, and their respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
As a User of the Site, you agree that you will not:
(a) Use the Site or Services if you are not able to form a legally binding contract or if you are under the legal age to contract (in most states that is the age of eighteen (18) years old;
(b) Use the Services if you have been previously suspended or removed from the Site or engage in any activity that could result in suspension or removal from the Site;
(c) Manipulate the price of any item without the intent to purchase;
(d) Circumvent or manipulate our fee structure, the billing process, any fees owed to us BANG AUCTION, INC or a Seller or any technical measures we use to provide the Services;
(e) Fail to deliver payment for items purchased by you and associated fees or shipping costs;
(f) Transfer or share your account and bidder number with another party without our consent;
(g) Create accounts that misrepresent your identity or use the personal information of others;
(h) Use any automated means to access the Services;
(i) Log into a server or account which you are not authorized to access;
(j) Use the Site in any manner that would interfere with, disrupt, or inhibit other users from fully enjoying the Site or that could damage, disable, or impair the functionality of the Site;
(k) Conduct fraudulent activities; or
(l) Bid on any items that may be sold only to persons of legal age and competent to sign an enforceable agreement.
Personal Use – Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf.
Buyer’s Contract – Your winning bid placed on the Site represents an irrevocable contract and you are responsible for paying all amounts due to BANGAUCTION or the SELLER. If you cannot pay for the items and the buyer’s fees, do not bid on the items.
Maintenance of Payment Information – In order to place a bid, you must have valid payment information stored in your profile. By providing your credit card information to BANG AUCTION INC. you irrevocably authorize BANG AUCTION, INC to charge your credit card for the total purchase amount of any winning bid plus any fees associated with the sale of the item, including but not limited to taxes and shipping and handling fees, if applicable. You must maintain valid credit card information within your user profile so long as you maintain an account with the Site. You unconditionally warrant and represent that you are authorized to use any and all payment method(s) provided on the Site. BANG AUCTION, INC reserves the right in its sole and absolute discretion to cancel bids or suspend bidding privileges of any user not maintaining valid payment information. Further you authorize us to access your credit report as you agree with have a permissible purpose.
Placing a Bid – BEFORE PLACING YOUR BID, BANG ENCOUAGES YOU TO INSPECT THE PREMISES AND PROPERTY AND TO HAVE A PRELIMINARY TITLE SEARCH AND TITLE INSURANCE. In exchange for valuable consideration (including but not limited to the rights to use the Site, use the Services, and participate in the online auction), all bids placed by you constitute irrevocable offers to purchase that may not be withdrawn at any time. Due to the irrevocable nature of the bids, any cancellation or correction of a bid by BANG AUCTION, INC may result in a previous bid being the highest current bid subject to acceptance at the close of the auction. By placing a bid, you agree that if you are the winning bidder you will pay for your item and agree to any additional fees applicable for shipped items. All bids are shown in US dollars and all taxes, shipping, and handling charges are additional.
Minimum and Maximum Bids – When submitting a bid, you must raise the bid by a minimum established increment. Bid increments can be found on the Site. You may elect to raise the bid by more than the required minimum by entering a higher bid. In any auction, you agree to be bound to your latest bid amount, regardless of any other previous bids.
Increasing Your Own Bid – The Site will permit you to raise your own bid by rebidding on the same item. This is to permit you to raise the price of an item out of the reach of other bidders.
Bid Correction/Retraction –It is your sole responsibility not to submit erroneous bids. In the event that you submit an erroneous bid you may correct it until the close of bidding. Bid correction requests will become part of your user history and are subject to review. Notwithstanding any of the foregoing, BANG AUCTION, INC reserves the right to cancel any bid at any time if, in our sole discretion, we determine an error was made.
Bidding Notices – For your convenience, the Site provides certain e-mail, push, and SMS communications regarding the status of ongoing sales. These communications are provided as a courtesy only and are not official bid status communications. The failure to receive a notification of a winning bid does not relieve you from your contractual obligations as the winning bidder. The display of the highest bid and the status of your current bid on the Site at the close of the auction are both means of acceptance of your bid by the Seller. The bid history reflected on the Site supersedes any e-mail, push, or SMS communication in dispute resolutions.
Bid Accuracy – The bidding clock should be considered accurate but not exact. Each bidder is responsible for their own bid. BANG AUCTION, INC strongly recommends against the practice of “sniping,” or placing a bid as close to the end of the auction as possible. BANG AUCTION, INC will not be responsible for bids that fail to register before the expiry of the auction.
Consequences of Failure to Purchase – Any person who fails to consummate a purchase after submitting a bid may at the sole and absolute discretion of BANG AUCTION, INC. be barred from participating in future sales or bidding on the Site. Additionally, if a bidder/buyer fails to complete the transaction, they may be in breach of contract and subject to legal claims by the Seller, and/or other parties to the transaction, including but not limited to BANG AUCTION, INC Auction, Inc. and its affiliates and subsidiaries, and the Seller’s real estate broker.
Rigging – You represent and warrant that you will not engage in Shill Bidding. Shill bidding happens when anyone (including family, agents, friends, employees, or online acquaintances) bids on an item with the intent to artificially increase its price or desirability, usually on behalf of the seller. If you engage in Shill Bidding, you will be held liable for and agree to indemnify BANG AUCTION, INC against any resulting damages incurred by BANG AUCTION, INC.as a result. And Bang will enforce local law which will give additional remedies.
Seller acceptances – With all properties marketed on BANG AUCTION, INC, the winning bid will be subject to approval from the Seller, which is wholly within the Seller’s sole discretion. Seller may accept or reject any bid.
The Site is not a party to the actual transaction between Buyers and Sellers. As a result, BANG AUCTION, INC has no control over the truth or accuracy of representations made in listings of properties marketed on the Site, the Seller’s ownership interest in the marketed property, or the survey or the ability of a prospective Buyer to close on the transaction.
In the event of any dispute between you and one or more user(s) of the Site, you release BANG AUCTION Inc. and its officers, directors, agents, affiliates, subsidiaries, joint ventures, and employees from any claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute(s).
The Site permits the auction like selling of real property. No transaction is binding until a written contract is signed by both parties.
BANG AUCTION, INC attempts to comply with all state and federal laws. In the event it fails to do so through inadvertence, you will indemnify and hold BANG AUCTION Inc. harmless.
This Site and Services are not intended to create any attorney-client relationship, and your use of the Site does not and will not create an attorney-client relationship between you and BANG AUCTION, INC. THEREFORE WE URGE YOU TO CONSULT WITH A REAL ESTATE BROKER AND/OR A LAWYER.
2. Ownership. This Site and Services are owned and operated by BANG AUCTION, Inc. All rights, title, and interest in and to the materials provided on this Site and Services, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by BANG AUCTION Inc. or by our respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by BANG AUCTION, INC, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site or Services shall be construed to confer any license under any of BANG AUCTION, INC. intellectual property rights, whether by estoppel, implication, or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. BANG AUCTION, INC. does not sell, license, lease, or otherwise provide any of the Materials other than those specifically identified as being provided by BANG AUCTION, INC. Any rights not expressly granted herein are reserved by BANG AUCTION, INC.
3. Links to Third Party Sites. The Site and Services may contain links to websites controlled by parties other than BANG AUCTION, INC. (each a "Third Party Site"). BANG AUCTION, INC. works with a number of partners and affiliates whose sites are linked with BANG AUCTION, INC.BANG AUCTION, INC. may also provide links to other citations or resources with whom it is not affiliated. BANG AUCTION, INC. is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. BANG AUCTION, INC. makes no guarantees about the content or quality of the products or services provided by such sites. BANG AUCTION, INC. is not responsible for webcasting or any other form of transmission received from any Third Party Site. BANG AUCTION, INC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BANG AUCTION, INC. of the Third Party Site, nor does it imply that BANG AUCTION, INC. sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that BANG AUCTION, INCBANG AUCTION, INC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
4. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at (877-361 BANG (2264). In the unlikely event that the BANG AUCTION, INC Customer Care Center is unable to resolve your complaint to your satisfaction (or if BANG AUCTION, INC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
(a) BANG AUCTION, INC and you agree to arbitrate all disputes and claims between us before a The American Arbitration Association according to their rules and regulations regarding transactions such as yours and ours. The Arbitration shall be in Hamilton County, Ohio or some other convenient place as solely determined by Bang Auction Inc. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. The Arbitration Agreement applies without limitation.
For the purposes of this Arbitration Agreement, references to "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under this Agreement or any prior agreements between us.
(b) Any party to this Agreement that intends to seek resolution of claims by arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to BANG AUCTION, INC should be addressed to: 11427 Reed Hartman Hwy, Suite 236, Cincinnati, Ohio 45220 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If BANG AUCTION, INC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or BANG AUCTION, INCBANG AUCTION, INC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BANG AUCTION, INC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BANG AUCTION, INC is entitled.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, and the Arbitrator’s decision shall be final and binding on all courts.
In addition to monetary damages, the arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND BANG AUCTION, INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and BANG AUCTION, INC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers.
Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
THE ARBITRATORS DECISION SHALL BE FINAL AND BINDING ON ALL COURTS OF LAW.
Rights and Responsibilities of BANG AUCTION, INC.
BANG AUCTION, INC is not the publisher or author of the User Content. BANG AUCTION, INC takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, BANG AUCTION, INC takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If the Site’s technical staff finds that files or processes belonging to a User pose a threat to the proper technical operation of the system or to the security of other members, BANG AUCTION, INC reserves the right to delete those files or to stop those processes. If BANG AUCTION, INC suspects, in its sole and absolute judgment, that an account is being used by someone who is not authorized by the proper user, BANG AUCTION, INC may temporarily disable that account’s access in order to preserve system security. In all such cases, BANG AUCTION, INC will contact the member as soon as feasible.
BANG AUCTION, INC has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
BANG AUCTION, INC has the right to change the terms of the Agreement at any time. You hereby agree that you are solely responsible for keeping apprised of any updates to the Agreement which will be posted on BANG AUCTION, INC.
Rights and Responsibilities of Site Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any BANG AUCTION, INC. Service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
(a) that is known by you to be false, inaccurate, or misleading;
(b) that infringes anyone’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
(c) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);
(d) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously or sexually, or nationally biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation;
(e) that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
(f) that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
(g) that contains any computer virus, worms, or other potentially damaging computer programs or files;
(h) that otherwise violates this Agreement.
By submitting your email address in connection with your rating and review, you consent to allow BANG AUCTION, INC to use your email address to contact you about the status of your review and for other administrative purposes.
5. NO WARRANTY.
THERE IS NO WARRANTY FOR THE ACCURACY OF THE CONTENTS OF THE SITE OR SERVICES. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BANG AUCTION, INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BANG AUCTION, INC MAKES NO WARRANTY THAT: (A) THE REAL ESTATE, IMPROVEMENTS THEREON, PERSONAL PROPERTY, THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. BANG AUCTION, INC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
6. LIMITATION OF LIABILITY AND INDEMNIFICATION: EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD BANG AUCTION, INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF BANG AUCTION, INC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF BANG AUCTION, INC, IT WILL BE LIMITED TO THE AMOUNT OF FEES PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Unsolicited Submissions. Except as may be required in connection with your use of the Site Services, BANG AUCTION, INC does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to BANG AUCTION, INC through or in association with this Site shall be considered non-confidential and BANG AUCTION, INC's property. By providing such submissions to BANG AUCTION, INC, you hereby assign to BANG AUCTION, INC, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. BANG AUCTION, INC shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
9. Compliance with Export Restrictions. You may not access, download, use, or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
11. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, BANG AUCTION, INC, ALL RIGHTS RESERVED.
12. Trademarks. BANG AUCTION, INC, logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of BANG AUCTION, INC, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
13. Inquiries. BY USING BANG AUCTION, INC 'S SERVICES OR ACCESSING THE SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO BANG AUCTION, INC LIST VIA THE SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO BANG AUCTION, INC, AND THAT BANG AUCTION, INC MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
14. Right to Refuse. You acknowledge that BANG AUCTION, INC reserves the right to refuse service to anyone and to cancel user access at any time.
15. Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.