Effective Date: July 8, 2025

Welcome to BidRush! By using our website at www.bidrush.com (the “Site”) and any related services, features, applications, or mobile apps (collectively, the “Services”), you agree to abide by the following Terms and Conditions (“Terms of Service”). These Terms of Service constitute a legally binding agreement between you and BidRush, Inc. (“BidRush,” “we,” “us,” or “our”).

Please read these Terms of Service carefully before using the Services. If you do not agree to these Terms of Service, do not access or use the Services.

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1. Eligibility and Account Registration

• Age Requirement: You must be at least 18 years old and capable of forming a legally binding contract to use the Services.
• Account Registration: To use certain features of the Services, you must register for an account, provide accurate and complete information, and keep this information up to date. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
• Account Suspension and Termination: BidRush reserves the right to suspend or terminate your account at any time, for any reason, including inactivity or violation of these Terms of Service, without prior notice. Violations include, but are not limited to, non-payment of auction wins, fraudulent activity, abusive or threatening behavior, or attempts to sell prohibited or restricted items. Users may also face fines or legal action. All decisions are final and non-negotiable.

2. No Agency Relationship

The use of BidRush’s Services does not create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship. You acknowledge your independent status.

3. Final Sales and Disputed Transactions

• Sellers must complete sales by transferring ownership to the highest bidder, unless the bidder fails to pay.
• Disputes must be resolved between the buyer and seller. BidRush is not liable for these disputes.

4. Listing and Selling Items

• Seller Obligations: Provide accurate item descriptions and comply with laws. Disclose all known defects, repairs, or restorations.
• Prohibited Items: Items such as weapons, hazardous materials, and counterfeit goods are banned.
• Material Changes: Significant changes affecting item value may result in bid resets.
• Authorization to Sell: Listings of stolen or unauthorized items are prohibited. Violators may be reported to law enforcement.

Item Review and Removal Policy

BidRush reviews all items listed for auction to help ensure compliance with our platform policies. This review process is primarily automated, but may also include manual review by our team.

Item Removal:
BidRush reserves the right to remove or withdraw any item from an auction at any time, for any reason, including but not limited to policy violations, legal concerns, or at our sole discretion. Items may be removed before or during an auction, and without prior notice to the seller.

We strive to ensure a fair and consistent experience for all users. However, as our review process relies on both technology and human judgment, mistakes can occur. Our systems and policies are continually updated and improved as we gather new information and feedback.

If your item is removed and you believe this was in error, you may contact support for a review.

Prohibited Advertising:

Sellers are strictly prohibited from using their item listings or any part of the auction process to advertise or promote sales, auctions, or platforms outside of BidRush. Any listings found to contain references, links, or promotions for other websites, auction platforms, or sales channels will be subject to immediate removal, and may result in further action, including account suspension or termination.

5. Escrow Service for High-Value Items

BidRush may require escrow for high-value items. Payments are held until delivery and approval by the buyer. Both parties must follow the escrow process.

6. User Responsibilities Regarding Shipping and Handling

Sellers must provide accurate shipping options and costs. BidRush is not liable for shipping issues. Disputes must be resolved between buyer and seller.

7. Compliance with Laws

Users are responsible for legal compliance. BidRush may disclose user info to authorities when legally required or for safety.

8. Use of the Services

Prohibited Activities Include:

• Manipulating prices or bids
• Circumventing technical measures
• Using bots or scrapers
• Shill bidding
• Multiple accounts or false identities
• Harvesting user data
• Unauthorized access or disruption
• Fraud or IP infringement

9. Failure to Pay

Non-payment may result in account suspension, additional fees, legal action, and forfeiture of items.

10. User Content

• Content Rights: You grant BidRush a perpetual, irrevocable, royalty-free, worldwide license to use your content.
• Content Guidelines: No defamatory, obscene, or infringing content. Violations may result in removal.

11. Indemnification

You agree to indemnify BidRush from any claims or losses resulting from your use of the Services or your content.

12. Limitation of Liability

• General: BidRush is not liable for indirect or consequential damages.
• Maximum Liability: Limited to the greater of $100 or the amount you paid to BidRush in the past three months.
• Disclaimer: Services are provided “as is” without warranties.

13. Dispute Resolution and Arbitration

• Arbitration Agreement: Disputes must be resolved via binding arbitration, except for small claims.
• Waiver: No jury trials or class actions.
• Governing Law: Laws of Ontario (Canada) apply.
• Informal Resolution: Parties must attempt resolution via [email protected] before arbitration.
• Limitation Period: Claims must be made within 180 days.

14. Mobile Application Terms

• General: Mobile app may not have full functionality.
• Updates: Users must install updates to ensure app performance.
• App Store Compliance: iOS users must comply with Apple’s terms. Apple is not liable for app issues.

15. Force Majeure

BidRush is not liable for delays or failures due to uncontrollable events such as natural disasters, technical issues, or pandemics.

16. User Content and Intellectual Property

• License to BidRush: User content may be used by BidRush for any purpose.
• Rights Representation: You must have legal rights to all submitted content.
• DMCA Compliance: Infringement notices must include:
  • A physical or electronic signature
  • Description of the work and infringing content
  • Location of the infringing material
  • Your contact information

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For any questions or concerns, please contact us at [email protected].