Terms of Service
### TERMS OF SERVICE FOR GROUP PAYLESS LLC / GPBID.COM
**Welcome to GPBID.com!** Please review these Terms of Service (the "Terms"), the GPBID Privacy Policy ("Privacy Policy" located at http://www.gpbid.com/privacy), the GPBID Community Guidelines, and all other policies and rules published by Group Payless LLC including all of those in our Help Center located at http://www.gpbid.com/help (together with the Community Guidelines, "Other Policies"), because they govern your use of the website located at http://www.gpbid.com/ (the "Site") and the platform accessible via the Site and corresponding mobile application "GPBID" offered by Group Payless LLC ("Group Payless", "our", "we", or "us"). To make these Terms easier to read, the Site, our platform, and corresponding mobile application are collectively called the "App."
These Terms apply to you if you reside or are established in the United States. If you reside or are established outside the United States, additional terms may apply based on local laws, and you should contact us for clarification.
**IMPORTANT NOTICE REGARDING ARBITRATION:** WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GROUP PAYLESS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 "ARBITRATION AGREEMENT" BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS MANDATORY ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 22 "GOVERNING LAW AND JURISDICTION" WILL APPLY INSTEAD.
#### 1. About the App
The App is an innovative online shopping platform that blends traditional online auctions with interactive live-selling experiences, providing a flexible and secure marketplace for users of the App ("Users"). If you offer for sale any goods or products (each, an "Item") via auctions, the Buy It Now option, or live auction sales, you are a "Seller". If you purchase Items or place bids on Items through the App, you are a "Buyer". Transactions between a Seller and Buyer through the App (including auctions, Buy It Now purchases, or live bids) are each referred to as a "Transaction". GROUP PAYLESS OFFERS A PLATFORM THAT FACILITATES TRANSACTIONS BETWEEN BUYERS AND SELLERS ON THE APP BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN BUYERS AND SELLERS OF SUCH TRANSACTIONS.
Except as expressly provided in these Terms and Other Policies, Group Payless does not sell or purchase any goods or products itself, take title or possession of the goods, either for itself or on behalf of Users or others. While Group Payless may help facilitate Transactions, Sellers and Buyers are solely and entirely responsible for the Transaction, including without limitation the listing of Items and any applicable product warranties.
Group Payless provides payment processing services using third-party service providers ("Payment Processors") for Transactions made through the App. Buyers and Sellers will be subject to and must comply with such Payment Processors’ separate terms and conditions.
Because our App is evolving over time, we may change or discontinue all or any part of the App, at any time and without notice, at our sole discretion.
#### 2. Agreement to Terms
By using the App, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and our Other Policies, each of which are incorporated herein by reference. If you do not agree to these Terms, our Privacy Policy, or our Other Policies, you are not allowed to, and must not, access or use the App. If you are accessing and using the App on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity. Group Payless does not prohibit any of Group Payless’s directors, officers, employees, agents, affiliates, successors, and assigns (collectively, “Group Payless Representatives”) from using the App. All Group Payless Representatives must accept and abide by these Terms when acting as a User. We may update these Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the App and/or may also send other communications. Such updates to our Terms shall be effective immediately upon posting of the revised or updated Terms on the App. It’s important that you review these Terms whenever we update them or you use the App. If you continue to use the App after we have posted updated Terms, it means you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the App anymore.
#### 3. Privacy Policy
Our Privacy Policy describes what information we collect from you, how we collect information from you, and how we use and share information we collect from you. For more information, please visit our Privacy Policy at http://www.gpbid.com/privacy.
#### 4. Eligibility to Create an Account and/or Use the App
You must be at least 18 years old in order to create an account on the App (each, an “Account”). By creating an Account, you represent and warrant that you are at least 18 years of age, and meet all of the eligibility requirements of these Terms. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and provisions of these Terms, you may not create an Account, and must cease or prevent any use of any existing Account(s). Teens between the ages of 13-17 may use the App only if they are using an Account created by their parent or legal guardian and are doing so with the permission and under the supervision of that parent or legal guardian. Any and all User Information (defined below) associated with the Account must be that of the parent or legal guardian.
#### 5. Your Account
You acknowledge that your Account and User Information is personal to you and agree not to allow any other person to access the App or any portion of it using your User Information, unless you have provided them with permission to do so. For the purposes of these Terms, “User Information” includes all personal or other identification information you use to register or use an Account on the App. In the event you choose to provide others with permission to access and/or use your Account or User Information, you do so at your own risk. You acknowledge you are the owner and controller of your Account and are responsible, accountable, and liable for all access to and/or use of your Account and User Information, even if such access and/or use was not authorized. In order to access and use certain features of the App, Users must create an Account. It’s important that you provide us with accurate, complete, and current account information and keep this information up to date. You represent and warrant that all information submitted to us in connection with your Account is complete and accurate. To protect your Account, keep your Account details and password confidential, and notify us right away of any unauthorized use at copyright@gpbid.com. You’re responsible for all activities that occur under your Account and for safeguarding your password and other login or personal details. To the maximum extent permitted by law, Group Payless will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Account or User Information, either with or without your knowledge.
When you create an Account on the App on your mobile device, Group Payless may ask your permission to access your phone contacts to determine if you are already connected to Users, so that you can follow such contacts on the App and invite contacts who are not Users to join the App. You are solely responsible for obtaining consent from your contacts. You can always change whether to allow Group Payless to access your contacts through the privacy settings on your mobile device.
#### 6. Your Rights to Use the App
**a. License**: Subject to these Terms, we hereby grant you a limited, revocable, non-sublicensable, non-transferable, and non-exclusive right to download and install the App’s mobile application "GPBID" on your computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely as intended for your personal or business purposes.
**b. Live Auction Clipping**: When you create a clip from your use of the live auction sales feature on the App (each clip, a "Clip"), Group Payless grants to you a limited, non-exclusive, non-transferable, revocable license, to copy, download, and display the Clip solely for your personal and non-commercial use, provided that you do not modify the Clip beyond what is permitted on the App and that you retain all copyright and other proprietary notices contained in the Clip, if applicable. Such uses may include, for example, sharing the Clip to your personal social media channels, creating a virtual shopping list of Items for yourself on the App, or tracking prices of certain Items available on the App. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit the Clip or any portion of the Clip for public or commercial use.
**c. Additional Information: Apple App Store**: This Section applies to any App acquired from the Apple App Store or used on an iOS device. Apple has no obligation to furnish maintenance or support services. In case of warranty failure, notify Apple for a refund (if applicable), and Apple has no further warranty obligations. Apple is not responsible for claims related to the App, including product liability or intellectual property infringement. Apple and its subsidiaries are third-party beneficiaries of these Terms.
#### 7. Payment Terms
**a. Payment Method**: You must provide a current Payment Method prior to making any Transactions on the App. "Payment Method(s)" include(s) credit card, debit card, or another payment method permitted by us. We may ask you to supply additional information relevant to your Payment Method, including your credit card number, expiration date, and billing addresses (such information, "Payment Information"). You represent and warrant that you have the legal right to use all Payment Method(s). You are solely responsible for maintaining and keeping your Payment Method(s) current.
**b. Authorization**: When you initiate a Transaction on the App, you authorize us to provide your Payment Information to our Payment Processors to complete your Transaction and to charge your Payment Method for the type of Transaction you have selected (plus any applicable taxes and other charges). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms or required by applicable laws.
**c. Delinquent Payments**: If your Payment Method is declined, you have seven (7) days to update it. Failure to cure may result in Account termination without refund.
**d. Taxes**: You are solely responsible for all costs incurred in using the App and determining, collecting, reporting, and paying all applicable Taxes. In certain jurisdictions, Group Payless may be required to remit sales taxes on your behalf. "Tax(es)" means taxes, duties, levies, and other governmental charges required by law.
#### 8. Shipping and Delivery
**a. Shipping**: The App offers various shipping options via third-party shipping providers (e.g., UPS, USPS). Sellers may elect to cover shipping fees, require Buyers to pay, or Group Payless may cover them in some cases. Visit http://www.gpbid.com/faq for details.
**b. Third-Party Shipping Terms**: Sellers must comply with the terms of shipping providers permitted by the App (e.g., UPS Tariff/Terms at time of shipping).
#### 9. Transactions
**a. Auctions**: Sellers may host traditional or live auctions. Sellers set starting bids, bid increments, and conditions, making final determinations on sales, subject to these Terms. Group Payless reserves the right to cancel Transactions if bids are made in error.
**b. Buy It Now**: Buyers may purchase Items immediately via the Buy It Now option, subject to Seller terms and these Terms.
**c. Return Policy**: See our return policy at http://www.gpbid.com/faq. Contact us at copyright@gpbid.com for unresolved issues.
#### 10. Seller Terms
**a. Application**: To sell Items, apply via the App with accurate User Information (e.g., name, address, phone). Group Payless approves Sellers at its discretion.
**b. Fees**: Sellers pay processing fees per Transaction per the Fee Schedule at http://www.gpbid.com/faq.
**c. Getting Paid**: Group Payless will use commercially reasonable efforts to pay Sellers within 10 days of Buyer receipt, subject to successful payment from Buyers.
**d. Fulfillment**: Sellers must ship Items per our shipping policy at http://www.gpbid.com/faq or deliver via other permitted methods.
**e. Item Descriptions**: Sellers are responsible for accurate Item descriptions. Inaccuracies may result in penalties at our discretion.
**f. No Circumvention**: Sellers must process payments through the App and not solicit payments outside it.
#### 11. Buyer Terms
**a. Making a Purchase**: Buyers must complete payment per Section 7, including fees and taxes.
**b. Receiving an Incorrect Item**: Contact the Seller or us at copyright@gpbid.com. We may require return of incorrect Items.
#### 12. User Content
**a. Posting Content**: You may upload content (e.g., text, photos, live auction videos) ("User Content"). Group Payless does not claim ownership but is granted rights below.
**b. Permissions**: By making User Content available, you grant Group Payless a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, and distribute it for operating, marketing, and improving the App.
#### 13. General Prohibitions and Enforcement Rights
You agree not to:
- Post infringing, illegal, or harmful User Content.
- Sell stolen or unauthorized Items.
- Circumvent payment processes.
- Use the App unlawfully or harmfully.
Group Payless may remove content, suspend Accounts, or cooperate with law enforcement for violations.
#### 14. User Legal Compliance and Interactions
**a. Legal Compliance**: You must comply with all applicable laws when using the App. Group Payless does not guarantee compliance.
**b. Interactions and Disputes**: You’re responsible for interactions with other Users and resolving disputes. Group Payless disclaims liability for User disputes, except where prohibited by law.
#### 15. Termination
We may suspend or terminate your access to the App at our discretion without notice. You may delete your Account via the App. Sections 1, 7, 13, 14, 16, 18, 19, 20, 21, 22, 25 survive termination.
#### 16. DMCA/Copyright Policy
Report copyright infringement to:
Copyright Agent
Group Payless LLC
11100 W 82nd Street
Lenexa, Kansas 66214
(888) 860-7788
copyright@gpbid.com
Include required details per the DMCA.
#### 17. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS, OR NON-INFRINGEMENT. WE DON’T GUARANTEE ACCURACY, SECURITY, OR UNINTERRUPTED SERVICE.
#### 18. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, GROUP PAYLESS’S LIABILITY IS LIMITED TO FEES PAID BY YOU IN THE LAST 12 MONTHS (OR $100 IF NONE). WE’RE NOT LIABLE FOR INDIRECT DAMAGES OR TRANSACTION DISPUTES.
#### 19. Indemnification
You agree to indemnify Group Payless against claims from your use of the App, breaches, or violations.
#### 20. Arbitration Agreement
Except where prohibited by law, Disputes will be resolved by binding, individual arbitration under AAA Consumer Arbitration Rules. Opt out within 30 days at copyright@gpbid.com. Small claims court in your county or Johnson County, Kansas, is an exception.
#### 21. Governing Law and Jurisdiction
These Terms are governed by Kansas law. Disputes not arbitrated will be resolved in Johnson County, Kansas courts.
#### 22. General Terms
**a. Reservation of Rights**: Group Payless owns all rights to the App.
**b. Feedback**: You grant us a royalty-free license to use your feedback.
**c. Contact**:
F.A.O Legal
Group Payless LLC
11100 W 82nd Street
Lenexa, Kansas 66214
(888) 860-7788
copyright@gpbid.com