Terms | winnerspitstop

TERMS & CONDITIONS

GENERAL

The following Terms & Conditions shall apply to the relationship between WinnersPitStop LLC aka WinnersPitStop.com and our Users. By using this Website, the User (you) accepts the following General Term and Conditions in the manner in which WinnersPitStop describes. By registering with WinnersPitStop.com, the User confirms that you are eligible & accept all Terms & Conditions. By becoming a member, you are in agreement that you have read, understand and accept all Terms and Condition set forth. These Terms and Conditions are subject to change by WinnersPitStop LLC as needed.

ELIGIBILITY:

By registering with WinnersPitStop Website you are stating that you are at least 18 years of age and that you are legally capable of entering into a binding contract with WinnersPitStop LLC. Also by registering with WinnersPitStop.com, you agree that you reside within one of the 50 States within the United State of America. Any service of WinnersPitStop.com you use in any way, you are agreeing to and are bound by these Terms and Conditions

REGISTRATION and MEMBER PROFILE:

You may view WinnersPitStop's Website at any time, however, in order to access our services available you will be required to open up an account that requires you to create a username which may not be offensive, obscene, deceptive or misleading. It will ask your name, address and e-mail address and other personal information. We (WinnersPitStop.com) may also use this information so that you may be informed of any upcoming promotions, special events or newsletters, etc. You may only register once and you must provide only true and accurate information so that you may not be disqualified or be terminated. If such account is terminated, users account will be refunded money that has not been spent on auctions. WinnersPitStop also reserves the right to terminate user's account at our discretion if it is believed such user or users are in violation with WinnersPitStop’s Terms & Conditions. Once you register and purchase your first bid package (any size) you will receive 10 free bids. Also, if you invite a friend and they purchase a bid package you will receive an additional 10 free bids.

HOW WinnersPitStop WORKS

At WinnersPitStop.com (we) we want you to enjoy your experience with us. We also expect all users (you) to bid responsibly. To bid on an active auction, you must purchase a bid pack that is accepted by WinnersPitStop.com and maintained by you in accordance with Terms and Conditions. When purchasing and opening an account with WinnersPitStop.com, you will be required to create a username and password according to Terms and Conditions. The user will be required to provide WinnersPitStop.com an e-mail address with additional information. Payments can be made thru PayPal which gives you the option to pay by MC, Visa, etc. You are not required to have a PayPal account in order to make payments. Bidders may only have one account per person per household unless otherwise approved by WinnersPitStop.com Purchased Bid Packs never expire and are non-transferable unless approved by WinnersPitStop. There will be limits to numerous winners so as all others may have their fair chance in bidding. Win limits include; 1 win per day, 11 wins per 28-day period, and one vehicle (car, truck, ATV, motorcycle) per 180-day period. To open an account see below:

(1) Click the Register button

(2) Fill in form. Don’t forget to click the box below stating that you have read the Terms & Conditions.

(3) Then login page will appear stating that you are registered and to confirm thru your email that you received from WinnersPitStop.com

(4) When you receive an email from WinnersPitStop.com, click on the link in your e-mail and you are ready to sign on and ready to purchase several choices of Bid Packs!

At WinnersPitStop.com, there are two ways to bid during an active auction. (1) Manually click the bid button during live auction or (2) Use the Bid Agent (Bid Butler) to set the amount of bids you want to automatically bid and the bid agent will do all of the bidding for you (**There is one Bid Butler per auction, unless the auction is tagged as a "Nailbiter" then there are no Bid Butlers. Bid Butlers are the user/bidders responsibility and controlled by the account holder. They should be deleted when the auction is over since they continue to run and use up resources. WinnersPitStop is not responsible for bid butler use, malfunctions, or improper setup. Use "Bid Butlers" at your own risk.**). “HAPPY BIDDING, GOOD LUCK, BE RESPONSIBLE and HAVE FUN”

WinnersPitStop products and services are offered exclusively to private users and not to commercial retailers.

WINNING LIMITS and RESTRICTIONS:

WinnersPitStop limits a user account to win only one vehicle in a 180-day period. WinnersPitStop limits the number of non-vehicle auctions that a single user account can win in a 28-day period to a maximum of 11 auctions and only 1 win per day. These restrictions are in place to ensure fairness for all and limit "power bidders" from shutting out other bidders. In addition, if a bidder places bids on auction(s) that exceed their winning limit, they will forfeit those bids and be suspended until the website resets the following day. An example: bidders places one bid on four different auctions within an "auction period" (12-24 hours), and bidder wins 1 auction for the day. They will forfeit the remaining bids on other auctions past the 1 win within that auction period (12-24 hours). An auction period is measured by WinnersPitStop LLC as the daily period of 03:00 pm to 03:00 am, or 03:00 pm to 00.00 am (midnight). This restriction is in place to ensure that other bidders are not trying to out bid other bidders that are no longer eligible to bid on an auction for the auction period. WinnersPitStop.com site SPECIALS can over-ride Terms & Conditions when it applies to auction win limits and bid pack prices.

DELIVERY:

Deliveries are made within the 50 states of the United States at winners’ expense unless otherwise noted on auction itself. WinnersPitStop is not responsible for loss, damages, or title for merchandise thru mailing, but WinnersPitStop will purchase insurance thru delivery services to ensure that item is covered. In the event we are unable to deliver the winning item, we reserve the right to substitute item for same amount or greater. Delivery times vary; therefore, any time provided is only a guide and not guaranteed. All vehicle (car, truck, ATV, motorcycle) deliveries will take place in and around the Dayton, Ohio metropolitan area.

DEFECTS & RETURNS:

All new products are sold with the manufacturer’s limited warranty only. If there is a valid defect in any un-used winning products received due to manufactures’ flaw, you have 14 days to return product after notification to WinnersPitStop, then if all parties are in agreement, and if approved by Winnerspitstop.com, we will replace item of same value or greater.

WinnersPitStop.com wants you to be happy with your winning product so we will do all that we can to make things right.

CANCELATION:

The winning bidder may cancel the winning item subject to the following terms: (1) All canceled winning products shall be refunded to the extent of the auction end price, and only if already paid for within the 72 hours of auction end time in full only if notification is received by WinnersPitStop.com at support@winnerspitstop.com. Then the winning product will go to next bidder for one penny less (2) The bids used in winning an auction are final and NOT refundable. If you are found to be in bad standing due to fraudulent behavior, excessive or other such behavior,. You are deem to be in breach of the Terms & Condition and will not be eligible for a refund.

DISPUTE RESOLUTION:

By agreeing to these Terms & Conditions, You and WinnersPitStop.com each waive the right to a jury trial or to participate in a class action.

You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the WinnersPitStop.com's website or arising under these Terms & Conditions (each a "Dispute" and collectively, "Disputes") shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with WinnersPitStop.com regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to WinnersPitStop.com in a manner specified in the "Notices" section below. If WinnersPitStop.com and You do not reach an agreement regarding a Dispute within 30 days following WinnersPitStop.com's receipt of the Notice of Dispute, WinnersPitStop.com and You agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.

Applicable Law / Severability Clause:

This Terms & Conditions Agreement and Your use of WinnersPitStop.com shall be governed by the laws of the United States of America and the State of Ohio. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Ohio. You agree to accept the jurisdiction of such courts.

WinnersPitStop.com will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates.

VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW:

If You open an account or participate in auctions offered by WinnersPitStop.com while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that WinnersPitStop.com cannot be held liable if laws applicable to You restrict or prohibit Your participation.

The UN Convention on the International Sale of Goods shall not apply.

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and in effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.

SYSTEM OUTAGE:

A system outage has occurred if no bids can be submitted for items due to an unforeseen system disruption, the Website is unreachable or if any other component of the Website is not properly working. Bidders who are bidding temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.

WinnersPitStop.com is not responsible for technical errors, lag, connection problems and technical issues generally. Even with today´s most sophisticated software and hardware, it is impossible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet as a medium (hereinafter referred to in brief collectively as “technical faults”). WinnersPitStop.com therefore provides no guarantee for the constant and uninterrupted availability of its Website and technical systems. In addition, unless otherwise expressly stated herein, WinnersPitStop.com shall not be liable for any damage whatsoever incurred by auction Users or third parties from using WinnersPitStop.com services. In particular, WinnersPitStop.com will not be liable for damage that occurs due to bids submitted by auction Users not being received by WinnersPitStop.com, not being received promptly or not being considered as a consequence of technical faults.

In the event of technical faults, WinnersPitStop.com cannot be held responsible for bids placed during the technical downtime or for the bids placed on the auctions before the technical downtime occurred. If a User is sure that their bids have been lost due to system failure, they may contact WinnersPitStop.com User service at support@WinnersPitStop.com for more details on what they should do. If auctions terminate due to technical faults, and a winner is declared by the system, this win is not valid, even though the User gets a winning notification from WinnersPitStop.com ´s system. Winners on auctions that end due to technical faults may not purchase the item on the auction. If the User believes that he/she has been declared a winner on an auction that ended due to technical faults, please contact WinnersPitStop.com ´s User service department immediately at support@WinnersPitStop.com . Choice of Law If a dispute arises between WinnersPitStop.com and User, WinnersPitStop.com encourages user to first contact WinnersPitStop.com directly to seek a resolution. WinnersPitStop.com will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

In the event of a dispute, Ohio laws shall apply. WinnersPitStop.com is not responsible for changes in legislation that may effect the auctions or their undertaking, or the products or their value.

Protection of Data: Collection, Processing, and Use of Personal Information.

The protection of your data is very important to us.

PRIVACY:

Click on link to see our Privacy Policy

EXTERNAL LINKS:

WinnersPitStop.com Website may contain links to other Websites operated by third parties, and these sites may likewise contain links to yet other Websites. Despite conducting careful checks, WinnersPitStop.com assumes no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. WinnersPitStop.com , hereby expressly disclaims responsibility from all content of any and all Websites linked to the WinnersPitStop.com Website. cannot take any responsibility for the content of the data protection procedures of third-party Websites.

This Agreement is entered into solely for the benefit of WinnersPitStop.com and User and shall not confer any rights upon any person or entity not a party to this Agreement.

INDEMNITY:

You agree to indemnify and hold WinnersPitStop.com, its subsidiaries, members, managers, affiliates, officers, agents, lawyers, accountants, licensors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or any of the Services in violation of these Terms of use; arising from your breach of these Terms of Use; arising from your violation of applicable law or court order; and/or arising from your negligence.

TRADEMARKS:

DISCLAIMERS OF PURCHASES & USAGE:

WinnersPitStop is not responsible for any damages caused by any failure of performance, error, omission, Interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, or alteration of any of the services or products. WinnersPitStop is not responsible for any problems or technical malfunction of telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the internet or any of the services of combination thereof, including any injury or damage to users and/or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the services of products. Under no circumstances shall WinnersPitStop be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the services or from any content posted on the Website or transmitted to users, or any interactions between users, whether on-line or off-line.