Terms & Conditions

Terms of Use
(Including, but not limited to: Terms & Conditions; Legal Disclosures; Indemnifying Us; Terms of Use, Service, Procedures, Processes, Transactions & Payments)

Effective: March 16, 2023

Introduction:

Welcome to Below Spot! This ‘Terms of Use’ agreement (“Agreement”) sets forth the terms and conditions that apply to your use of the Below Spot website(s), app(s), products or services (“Services”). Please read this Agreement carefully as it is legally binding between you (along with any entity you may legally represent to utilize our Services), and ‘Below Spot’ (“we”, “us” or “our”). We are the operator of our Services and have written this Agreement in the English language. If any version translated into another language should conflict with the English version, the English version will control such conflicts. Capitalized terms used in this Agreement shall have the meanings ascribed to them by the section in which such term is defined.

Before you create an account (“Account”) with our Services and/or use our Services in any manner, it is required that you first read, understand and accept the entirety of the terms and conditions set forth in this Agreement including all tandem documents such as our Privacy Policy (“Policy”) and all other documents linked herein and/or presented on our Services. Our Policy also contains detailed information about ‘cookies’ and how we may use cookies in our Services. You may use our Services only if you accept this Agreement in its entirety, without modification. All links or references in this Agreement that go to various pages on our Services shall be construed as part of this Agreement.

If you have any difficulty comprehending this Agreement in its entirety, please consider engaging a competent legal professional with expertise in the area of business and technology contract review in order for you to understand what you are agreeing to. You are only allowed to use our Services once you can fully comprehend this entire Agreement and you accept the entire terms and conditions set forth herein. This Agreement will apply from the time of your first access and/or use of our Services. By accessing and/or using our Services, you affirm that you have read, understood, accept and agree to the terms and conditions of this Agreement.

We reserve the right to change, alter or modify this Agreement at any time and for any reason that we deem necessary or appropriate. Any changes, modifications or additions made will take effect immediately, unless we state otherwise in writing. Your continued use of our Services following any revision we post will constitute your acceptance of the changes we have made.

We may make changes to this Agreement from time to time and any changes to this Agreement will be incorporated into this document. We will notify you of any changes by posting a “Revision Date” that we will display at the top of this Agreement. We will attempt to notify registered users of our Services about changes to this Agreement via email and/or ‘Alerts’ on our Services, and/or by posting notifications on our Services. However, we encourage you to review this Agreement whenever you access our Services in order to see if a “Revision Date” has been posted so that you can remain informed about any possible changes and/or updates that may have occurred.

This Agreement controls to whatever extent it may conflict with our Policy, cookies and/or any other statements, page references, information, instructions, documents, dialog boxes or links on our Services.

This Agreement applies solely to our Services only, not to other websites, apps, products or services that you may be able to access from our Services and/or reference or link to from our Services. Those other websites, apps, products or services may have data collection and use practices that differ from our practices along with different user agreements, privacy policies and cookie policies that we do not control and that do not apply to us and therefore, we will not be held liable, accountable or responsible when you interact with these other sources.

Some of the Services we offer may include, but are not limited to, software or programs that you can download to some and/or all of your various electronic devices such as but not limited to; computer; laptop; phone; smartphone; tablet, wearable device, television, entertainment device, communication device, internet device or other similar type devices (“Devices”). By using our Services and in accordance with this Agreement, you agree that we may upgrade our software and/or programs to new, enhanced and/or modified versions at any time and that we may automatically download the newest version to your Devices.

All references to any dollar amounts in this Agreement and/or on our Services shall be in U.S. dollars only unless specifically indicated otherwise.

If you have general questions regarding this Agreement or the use of our Services, please first review our Frequently Asked Questions on our Belowspot.com website along with all informational documents available through our Services. If you have unanswered questions after reviewing our various documents, please contact us directly by emailing us at: Support@BelowSpot.com (when emailing us, please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and be sure to include your Account user name and the email address used on your Account).

1. Available Service Area:

The Services that are provided by us are currently offered for use only within the United States of America and are not intended for distribution or use by any person or entity outside the United States. We only accept registration and Account creation on our Services from individuals who are legal U.S. residents using a valid U.S. address (Post Office boxes are not acceptable – you must provide a full street address). We do not ship our products purchased from our Services or won on our auctions to PO Boxes – we only ship to physical street addresses.

We reserve the right to limit, disengage or restrict our Services in whole or part and the content thereof, at any time and for any reason, to any person, area, state, country or location at our sole discretion. We will not be held responsible and/or liable for anyone attempting to use our Services outside of United States or in a restricted location.

2. Residency and Minimum Age Requirements:

All users of our Services must be legal residents of the United States of America and must be 18 years of age or older.

3. Privacy Policy & Cookies:

Your privacy is extremely important to us. Please review our Privacy Policy document for full details regarding your privacy along with information on how we may use cookies with our Services.

4. We Offer No Investment Advice, Recommendations or Strategies:

OUR IDENTITY: Below Spot and/or our Services has a primary identity of being an online retailer/seller of various goods and services through online auctions and/or classified/fixed ads and/or ecommerce stores. We are not an investment consulting firm and therefore, we do not offer or provide any form of investment advice, guidance, recommendations or strategies of any kind regarding, but not limited to: gold, silver, platinum, precious metals, crypto, jewelry, diamonds, gems, currency, coins, trading cards, collectibles, stocks, bonds, securities and other such things (collectively referred to as “Assets”).

INHERENT RISKS: All Assets will have inherent risks associated with them. Assets can be volatile for a wide range of reasons and can be directly affected by, but not limited to: fluctuations in the market along with political, social and economic situations.

Please evaluate all risks by consulting with a competent investment professional before participating in and/or utilizing our Services.

WE MAKE NO CLAIMS: We, in no way, project, claim, warranty, guarantee and/or imply that Assets will be profitable in any way, either now or in the future, as Assets may be highly unstable and many people who acquire such Assets can suffer losses.

INDEMNIFYING US: Therefore, by using the Below Spot website and/or our Services, you fully agree to indemnify us against any actions, legal or otherwise, from any financial losses, issues, hardships, misfortune, distress or otherwise you may experience from the use of our Services and/or the purchase and/or use of Assets and/or products and/or services obtained through our Services and/or from the acquisition of crypto through any source and in any manner and/or your use of it as a payment method on our Services.

You further agree that you are fully responsible for your own decisions to participate in our Services, and/or to purchase goods or services or Assets on our Services and we will not be held liable or responsible under any circumstance and you will hold us harmless from, but not limited to, any actions, transactions, purchases, activities, processes and/or payment methods you may take part in and/or perform on the Below Spot website and/or our Services and you also agree to remove all liability and responsibility from us for any and all situations you experience as a derivative of and/or a process of and/or an extension of using the Below Spot website and/or our Services and/or our payment systems and methods and the outcome derived thereof.

5. Overview of Our Services:

Some of the features and functionality referenced in this section and throughout this Agreement may or may not be currently available on our Services and may be offered at a future time and/or may never be offered and/or may be removed or deleted from our Services on either a temporary or permanent basis.

We reserve the right to change, modify, pause, discontinue and/or terminate our Services (in whole or in part) either on a temporary or permanent basis at any time and without notice and without any form of refund, reimbursement, compensation and/or restitution to you. You agree that we shall not be held liable for any damage, loss and/or inconvenience caused to you should any of the above actions take place.

Our Services provides a platform for registered users to purchase items and services via: participating in and winning an auction; classified ads; product listings; online stores and other selling/retail methods.

Currently, all items sold on our Services through our auctions, classified ads, product listings and online stores are items sold solely by Below Spot.

Once you create an Account, you will be able to use our Services. You are responsible for all your actions, interactions, bidding and transactions you perform and/or participate in on our Services.

You agree that you are responsible for any and all phone costs, data charges, service fees, internet fees, Device fees and the like that you may encounter while using your Devices in order to access and/or utilize our Services and/or to connect and/or communicate with us or to others through our Services.

We reserve the right to restrict, remove, add, alter, modify or enhance any feature or features, auctions, listings, ads, affiliate links, bidding processes, discount concepts and programs, games, point systems, general concepts or performance elements of our Services at any time.

Bidding on auctions: Registered users can bid on our auctions. There is no cost or fee to participate in our auctions and to bid on our items. The user who places the last bid on an auction before it expires will win that auction. If an auction is expired, then the auction will cease and no further bidding can take place on that particular auction.

Quick bids: All our auctions have the quick-bid feature meaning that each bid is pre-set to a specific increment increase (you are not able to type in any bid amount you want). To place a bid, simply tap the ‘Quick Bid’ button on a live auction. You will see a confirmation box with the amount you are bidding. Simply confirm the bid to place your bid. Your bid will be confirmed unless another bidder confirms that same bid amount before you do. In that case, you will not be the high bidder and you will have to place another quick bid at the next new bid increment increase should you choose to continue bidding. You do not need to type in your bid amount because our bid system automatically sets each new bid in specific increments.

Increase your bid: You can bid on as many auctions as you’d like. If you win an auction, you can still bid on other live auctions. If you are the current high bidder on an auction, you can still place another bid on that same auction (which essentially is simply increasing your current high bid price).

High bidder: The high bidder’s user name will be on the detail page of the auction. When an auction ends, the completed auction can be viewed indefinitely by all users which will show the winning bidder’s user name along with the final bid amount and the discount the winning bidder received.

View bids: On the full detail page of each auction, there is a ‘view bids’ link that will show all the user names and bids that were placed on that auction.

Discount wheel: The discount wheel is totally random and is not preset in any way. The arrow on the discount wheel spins for the entire time an auction is active. When the time clock on an auction counts down to zero and the auction ends, the spinning arrow on the discount wheel immediately stops. The arrow will land on one of the discounts offered on the discount wheel. The winner of the auction will get that discount off their winning bid.

Free spot on the discount wheel: We sometimes offer a "FREE" spot on the discount wheel where you can actually get the item at a 100% discount. Since we offer promotional discounts on our auctions through our discount wheel (and since we're not a game, lottery or sweepstakes), free items should be correctly referred to as "100% discounted items". These items are not a prize, gift, giveaway or consideration, they are auction items you actually bid on (and were willing to pay for) that received a promotional discount in which case you may have received a 100% discount on the item.

Winning an auction: If you are the final bidder when an auction ends, then you will win the auction and you are entering in to a legal purchase agreement with Below Spot to purchase the item.

Paying for your item: When you win an auction, you will have 24 hours to pay for your item. We only accept the original and authentic Fidem crypto coin as payment – we do not accept other forms of payment.

Temporary pausing an auction: Our goal is to make sure that our bidders are getting a great price on the items they are bidding on. At times, bidding may get heavy on a popular item even though there may still be a lot of time left in that auction. If bids get near (or reach or surpass) the retail value of the item, we may temporarily pause all bidding on that auction until the last few minutes of that auction. We then allow bidding to resume at the end of that auction (generally in the last 5 minutes of that auction). This process is done only when necessary and solely for the purpose of keeping the price of the item low and attractive for all our bidders. It is a rare occurrence and only happens occasionally. It is done to make sure our bidders get a great deal!

Income sources: We primarily generate revenue from (a) the sale of the items we offer on our Services, (b) sponsors who pay us to place ads on our listings and auctions, (c) pay per click sponsored ads and banner ads, (d) per impression banner ads, and (e) affiliate links we post (both pay per click and pay per action).

We also generate revenue from affiliates and third party advertisers who have us send physical mail promotions to our users, and who pay us to send special offers by email to our users who have agreed to accept such email. We are not limited to these revenue generation methods.

Our Services do not involve gambling, nor is it a raffle, contest, lottery, sweepstakes, drawing or giveaway program. There is NO PURCHASE NECESSARY or required fees to participate in our auctions, submit bids, use our Services or become a registered user of our Services. Our auctions simply feature a discount wheel in which, if you win an auction, you will receive a discount on your winning bid.

6. Auction Bidding and Payment:

Excessive bidding to trigger the Temporary Pause feature: Please note that although we allow users to submit multiple bids and consecutive bids on an auction, we intensely monitor IP addresses and user accounts (and user account collaborations or groups) for excessive or repetitive bidding on an auction in order to intentionally and/or purposefully and/or potentially try and trigger the ‘temporary pause’ feature on an auction. Any user or user group caught engaging in such activities (even if multiple accounts are being utilized in an attempt to hide these actions) will have their accounts immediately terminated and their IP addresses blocked. We take these matters very seriously and will aggressively pursue legal action to the fullest extent allowed by law against anyone suspected of engaging in this activity for damages incurred to us and/or to our operations and for the violation of this Agreement.

Registered User: You must register on our Services by creating a free Account before you can start bidding on our auctions.

Free Auctions: There is no cost or fee to participate in our auctions and to bid on our items. You can bid on as many auctions as you'd like. There are no reserve prices on our auctions. The user who places the last bid on an auction before it expires will win that auction. If an auction is expired, then the auction will cease, and no further bidding can take place on that particular auction.

Auction Duration: Our auctions generally are active for 7 days; however, some auctions may have shorter or longer periods of duration.

Quick Bids: All our auctions have the quick-bid feature meaning that each bid is pre-set to a specific increment increase (you are not able to type in any bid amount you want). To place a bid, simply tap the 'Quick Bid' button on a live auction. You will see a confirmation box with the amount you are bidding. Simply confirm the bid to place your bid. Your bid will be confirmed unless another bidder confirms that same bid amount before you do. In that case, you will not be the high bidder, and you will have to place another quick bid at the next new bid increment increase should you choose to continue bidding. You do not need to type in your bid amount because our bid system automatically sets each new bid in specific increments.

Final Bidder Will Win: The last person to submit a successful bid on an auction before the auction timer expires will win the auction. In some cases, there may be a vast amount of users all trying to place a bid in the final seconds of an auction. Our software and code are extremely precise and accurate and are programmed to be able to determine who actually placed the final bid (even if there are hundreds of users all attempting to place a bid at nearly the same time when an auction is ending). The timer on our auctions is on our centralized server to assure the most precise accuracy possible for all bidders. However, the hardware and operating software on your devices and the internet provider and/or WIFI service and/or phone carrier you may be using may have an effect on lag time, delays, or other inconsistencies on your viewing, interactions, and performance of our timer and/or auctions and/or Services, including discrepancies between our centralized server timer and the timer you view on your devices. Therefore, even though we have done everything we can in our programming capabilities to assure that the final bid placed should be the auction winner, it is impossible for us to guarantee such outcomes in every situation due to glitches, tech issues, and human error that may happen from time to time. By participating in our auctions and/or Services, you agree to take all responsibility for your bidding, actions, and participation on our auctions and Services and the outcome thereof, whether favorable or unfavorable. We will not be held liable or responsible for any bidding problems, auction losses, payment issues, transaction issues, discount wheel issues and/or discount errors, any type of issues or glitches, delays, malfunctions, freezes, timer issues, auction expiration issues, or otherwise, which may take place on our auctions or Services caused by us, you, others, acts of God, or derived from any tech and/or service providers, coding issues, glitches, or any other thing that may create a problem in the normal expected functionality of our auctions, transactions, and/or Services.

Sniping, Bots, and AI: We explicitly forbid and do not allow any type of sniping software programs, coding, bots, artificial intelligence (AI), automated systems, or any other methods to be used on our Services and/or our auctions in an effort to win an auction and/or create a bidding advantage. All bidding must be done manually and naturally by each person without any form of augmented assistance. Any user caught using any methods described (or using any other techniques or processes to essentially accomplish this same result) in an attempt to create or gain a bidding advantage over natural human bidding may have their Account suspended and/or terminated along with blockage from all future participation, and should they win the auction, they will forfeit their win and may be responsible for repayment of any past auction wins and may also be subject to any damages sustained by us and/or our users. We maintain the full right and privilege in determining who may be violating our terms with automated and/or advantage-driven bidding systems. We maintain and reserve the right to suspend and/or terminate any Account for any reason we determine.

Discount Wheel: The arrow on the discount wheel on each auction spins for the entire time an auction is active. The discount wheel on each auction spins independently and uniquely on every user’s device and/or Account, and only one discount wheel will stop when the auction ends (the wheel on the winning bidder’s device and/or Account).

The arrow is not preset in any way in how it spins or where it lands – it is totally random and spins independently. This means that when the same auction is viewed on different devices, the position of the spinning arrow may be different on each device. Likewise, you will also see that the position of the spinning arrow will change on your device each time you refresh the auction page – this provides absolute proof that our spinning arrow is totally random and not preset or locked into a set pattern.

The person who places the final bid before an auction ends will be the auction winner. When the auction ends, the spinning arrow will immediately stop on the auction winner’s device and/or Account, and everyone will be able to see the big discount the auction winner received. The auction winner will then get that discount off their winning bid.

Free Spot on the Discount Wheel: We sometimes offer a "FREE" spot on the discount wheel where you can actually get the item at a 100% discount. Since we offer promotional discounts on our auctions through our discount wheel (and since we're not a game, lottery, or sweepstakes), free items should be correctly referred to as "100% discounted items". These items are not a prize, gift, giveaway, or consideration; they are auction items you actually bid on (and were willing to pay for) that received a promotional discount in which case you may have received a 100% discount on the item.

Discount Wheel Prediction: We explicitly forbid and do not allow any type of coding, software, programming, or human analysis (and services) to be used, offered, sold, or provided that would attempt to try and analyze the wheel spin speed and time left in the auction in order to attempt to predict which discount the arrow will land on when the auction ends. We will take all legal actions and remedies allowable and necessary in such cases to seek damages and restitution for anyone caught using, promoting, selling, gifting (and/or offering in any format, including but not limited to, written, verbal, digital, image, or otherwise), such processes, systems, software, calculations, and/or information.

Temporary Pausing an Auction: Our goal is to make sure that our bidders are getting a great price on the items they are bidding on. At times, bidding may get heavy on a popular item even though there may still be a lot of time left in that auction. If bids get near (or reach or surpass) the retail value of the item, we may temporarily pause all bidding on that auction until the last few minutes of that auction. We then allow bidding to resume at the end of that auction (generally in the last 5 minutes of that auction). This process is done only when necessary and solely for the purpose of keeping the price of the item low and attractive for all our bidders. It is a rare occurrence and only happens occasionally. It is done to make sure our bidders get a great deal!

Bidding Contract: By using our Services and/or bidding on any auction offered on our Services, you are entering into a legally binding agreement (Contract) with Below Spot.

If you win an auction, you agree to pay us the full amount of your winning auction bid (minus any discount you may receive from our "Discount Wheel") plus any shipping fees (if any) along with any processing fees (if any) and sales tax. You agree that your address on file with us is a United States address and that you are aware we only ship to addresses located within the U.S.A. If you win an auction, you agree to pay us solely and only with the original and authentic Fidem crypto coin within 24 hours of winning the auction.

You represent that you are a legal adult U.S. citizen of competent mental status and have read and fully understood and agree to abide by: (i) the Contract provisions, (ii) this Terms of Use Agreement and (iii) our Privacy Policy along with any cookies policy, other rules, provisions, or policies listed on our Services and website. Failure by you to adhere to the provisions of this Agreement may result in the suspension or termination of your Account and/or blockage of your IP address along with possible collection agency action and/or the utilization of other potential legal actions and/or legal remedies.

Fidem Payment: If you win an auction, you will be emailed an invoice, and you can also access the auction you won and the invoice on the My Account page of our Services. You must pay us within 24 hours of winning the auction, and payment must be made only with the original and authentic Fidem crypto coin.

7. Shipping, Sales Tax and Refunds:

Shipping: Most of the items we offer are shipped for free. If there is a shipping charge, it will be clearly posted on that auction. Most of the items are shipped by either USPS First Class mail or USPS Priority Mail. A tracking number is provided on most items we ship. We occasionally will use other carriers to ship as well. Items are usually shipped from our discrete distribution centers in the greater Sacramento and northern California area. We usually do not require a signature on delivery for most of the items we ship. However, occasionally with certain items, we will require a signature upon delivery of the item. In the event we require a signature, you will be notified of this on your invoice.

Local Pickup of Item: The publicized Below Spot office locations are used for administrative purposes only such as: customer service; listing the auctions; software monitoring; advertising coordination; etc. We do not stock or ship our items from any of our publicized office locations. All employees at our administrative offices have no knowledge of the locations of our storage and shipment facilities.

Due to the nature of our high value products such as gold and silver, all our inventory is securely vault-stored and shipped from undisclosed confidential fulfillment locations. We are extremely protective of this information and will not disclose the whereabouts and locations of our storage and shipment facilities in order to safeguard our inventory and to protect our employees. We do this as an added security measure to help prevent potential theft and to restrict malicious targeting or harm to any of our employees. Therefore, we do not allow local auction winners in our area to physically come in to our offices and pick up their item since their item will not be there at our administrative offices. All items won on our auctions by you will be shipped from our undisclosed fulfillment centers directly to your address on your account.

Sales Tax: Sales tax is required by most states so if your state requires it, sales tax will automatically be applied to your invoice when you win an auction. If required in your state, sales tax for your area will automatically be calculated on the price of your item after the discount has been applied. So if you won an auction and bid $100 and you got a $75 discount, then you would only pay sales tax on $25 as that is the actual amount you paid for the item after the discount.

Please note that some states don’t require that sales tax be paid on precious metals (gold, silver, etc.) or on bullion, numismatic coins & currency (some states have a specific total amount that must be purchased before the ‘no sales tax’ rule can be applied).

Sales Tax on Free Items: Since Below Spot auctions offer promotional discounts (and since we’re not a game, lottery or sweepstakes), free items should be correctly referred to as “100% discounted items”. These items are not a prize, gift, giveaway or consideration, they are auction items you actually bid on (and were willing to pay for) that received a promotional discount in which case you may have received a 100% discount on the item.

If you win an auction and get the 100% discount, some states require us to still collect sales tax based on the retail price of the item even though you got a full 100% discount and essentially received the item for free. Here’s an example: If sales tax in your area is 5% and the item you bid on has a retail value of $100, then if you got a 100% discount on that item, you would need to pay $5 in sales tax even though you didn’t pay anything for the item (5% on $100 value equals $5). This regulation does not apply to all states, but only to some of them and it is an actual regulatory statute that is required and enforced by some of these states. If your state requires it, then sales tax will be calculated and applied to items that have been 100% discounted and it will be based on the retail value of that item. All payments to Below Spot (including sales tax payments and any shipping fees we may charge) must be paid with the original and authentic Fidem crypto coin.

Guarantees & Refunds: All the items we sell on Below Spot come with a 30 day 100% money back guarantee. All items are guaranteed to be 100% authentic and exactly as described or you may return the item within 30 days of purchase for a full 100% refund of your purchase price.

To request a refund, simply contact us by email at Refund@Belowspot.com. We will provide you with a ‘Return Authorization’ number for you to return your item. You will be responsible for the shipping cost to return the item back to us. Refunds will be provided to you in Fidem crypto within several business days of us receiving the returned item. When emailing us for a refund, please be sure to include your user name and the email address you use on your Account

8. Payments – How to Pay Using Fidem Crypto:

Whenever you win an auction, you will need to pay for your item within 24 hours of winning the auction using the original and authentic Fidem crypto coin as payment. For information and details on how to pay for your item using Fidem, please go to our FAQs page on our BelowSpot.com website and view the following FAQ entitled:

“How do I pay for my item with Fidem?”

Please note that we only accept the Fidem crypto coin as payment on our website and Services. For information and details on why we only accept Fidem and not credit cards, debit cards and other crypto, please visit and review our FAQs page on the BelowSpot.com website.

9. “Retail Price” and “Compare At” Definitions:

The “Retail” price and/or or “Compare At” price (or any other descriptive words and/or terms we may use and/or display from time to time notating an item’s full general value; retail value and/or established value) displayed on our auctions or item listings represents either the MSRP (the retail price suggested by the manufacturer – Manufacturer’s Suggested Retail Price) or a general price value intended to be generally representative of a cross section of prices for that item (and/or for similar items) sold by local retailers in our area and/or in combination with prices from other online ecommerce and shopping sites and/or department stores; jewelry stores; collectible shops; book stores; coin shops; and/or bullion dealers. The retail price we present on our items may or may not accurately represent the lowest and/or highest price and/or median price that the item may be offered at from other sources, but is merely a general price guide idea from either the manufacturer and/or distributor or from available pricing data collected from multiple pricing sources as previously indicated based on the prices offered from these other various sources. We make no guarantees and/or warranties that the retail price value we post on our items is the lowest price you can find for that item. You may be able to find the same item through other online stores, outlets and/or sources at a price lower than (and sometimes considerably lower than) our posted retail price value. Also, in such cases where merchants are offering: discount sales; liquidations; close-outs; store-closing; special promotions; and other such situations, you may find that you can find the same item at a substantially lower price than our posted retail price value.

The retail price (as described previously) displayed on jewelry, diamonds, precious stones, currency, gold, silver, precious metals, trading cards and/or any other collectible or item of value is not an ‘appraised’ value unless it is stated clearly as such on the item’s description and thus, such retail price values posted should not be confused with an actual appraised value for that item. Likewise, the retail price (as described previously) displayed for any jewelry, gold, silver and/or precious metals (regardless of the item’s form) is not reflective of ‘spot’ price or ‘melt’ value unless it is stated clearly as such on the item’s description and thus, such retail price values posted should not be confused with the actual spot price or melt value for that item. The retail price (as described previously) displayed on jewelry, diamonds and precious stones is not reflective of the RAP price chart value unless it is stated clearly as such on the item’s description and thus, the retail price values posted should not be confused with the actual RAP price chart value for that item.

10. Item Description, Condition, Certification & Appraisals:

General Item Description: The descriptions, specifications and details on the items we offer are comprised from a combination of sources which may include, but not be limited to: our own knowledge and/or expertise on that particular item and/or industry; manufacturer; supplier; distributor and/or vender details and information; packaging; outside available sources from both local and online resources; professional inspection and/or examination from credible professionals within that industry; our own in-house inspection and/or examination. We make every attempt to provide accurate and detailed general information and descriptions on each item we offer.

Condition: Some of the items we offer may have their condition described as follows, but not limited to: new; like new; mint; refurbished; restored; estate item; previously owned; used; cull; uncirculated and/or circulated. When appropriate, we will indicate the condition of the item in the item’s description. If certification and/or a grading certificate and/or an appraisal has been performed for that item, we will state such information on that item’s description and include such certificate with the purchase of the item.

Appraisals: We post the appraisal value if an appraisal was performed and we have an appraisal certificate for that item. We will not be held responsible or liable for the accuracy of any appraisal values presented for the item that we had performed by an outside third party source. Grading and appraisals may be performed by, but not limited to: jewelry stores; coin shops; gemstone professionals; collectible enthusiasts, resellers and/or professionals; numismatic and/or bullion enthusiasts, resellers and/or professionals; gemologists and/or licensed appraisers.

Certification: Some of the items we offer may have a grading certificate and/or an appraisal and/or a ‘certificate of authenticity’ (COA) that has been performed for that item. If this is the case, we will state such information on that item’s description and include such certificate with the purchase of the item. We will not be held responsible or liable for the accuracy of any appraisal values, certification, or grading presented for the item that we had performed by an outside third party source.

Gold & Silver Verification: All our gold and silver is 100% real, genuine and authentic. Silver coins minted as government coinage may be partial silver and our description of the item will state this in such cases. Likewise, all the U.S. currency we offer is real legal-tender United States currency. We buy all our investment grade gold and silver bars, coins, rounds and/or other precious metal items from authorized mint-direct certified brokers & suppliers. We double verify the purity of all the gold and silver we receive with our own electronic testing machines at both the time we receive it and also at the time we ship it to you! We never use chemicals, scraping or abrasive methods for testing. We use only the best ultra modern testing equipment that produces XRF or electromagnetic waves so that there is absolutely never any damage done to the coin or bar or item. Our testing equipment is extremely sophisticated and accurate and cannot be tricked by gold or silver plating, gold-fill or silver-fill, mixed alloys or thick surface coating. To assure additional confidence and authenticity, we buy only from reputable certified mint-direct brokers and suppliers.

Diamond and Precious Stone Grading: If the source from which we obtain our jewelry, diamonds and precious stones provides grading information on the item, we will provide that information in our item description. If we have information on the item such as measurements; cut; clarity; color and carat weight and/or such information including, but not limited to; earth mined; natural; HPHT; lab created; irradiated; clarity enhanced; laser drilled; etc., we will provide such information on the item’s description. Grading precious stones is of a speculative and/or diversified nature and can vary depending upon the gemologist or professional conducting the grading analysis, therefore, we cannot and will not be held responsible for any grading information we publish on an item that has been provided to us by our supplier and/or by a third party source which we may or may not pay to perform grading services and/or appraisals. If a grading certificate and/or appraisal is included with the item (or if we have a grading certificate and/or appraisal performed independently) that certificate and/or appraisal will be included with that item. We will not be held responsible and/or liable for the accuracy of any grading specifications or evaluations and/or appraisal values presented for the item that we had performed by an outside third party source. Grading and appraisals may be performed by, but not limited to: jewelry stores; coin shops; gemstone professionals; collectible enthusiast, resellers and/or professionals; numismatic and/or bullion enthusiast, resellers and/or professionals; gemologists and/or licensed appraisers.

11. Glitches, Errors & Security:

Because our entire Services and algorithms are based on extensive layers of various computer programming code, it is possible that you may experience various glitches and/or errors (and/or human errors) from time to time when using our Services.

We do not represent or guarantee that when you use our Services and/or attempt to bid on an auction, the entire process, including but not limited to; general functionality; data and pricing; discount wheel price reductions & discount increments; bidding; discount intervals; auction length and expiration time; auction cancellation & modification; bidding features; communications; transaction and payment elements; etc. will always work correctly as outlined and expected. Likewise, we do not represent and/or guarantee that every attempted and/or successful bid and/or winning bid and/or purchase by a buyer will always result in our system accepting and validating the bid and/or purchase. In this case, even though a bid and/or purchase should have been accepted and/or an auction should have been won, it may not be processed and it may result in you not winning the auction, thus the item not being sold to you but to another user or no one at all. Should a glitch or error of this nature occur, we will not be held liable and/or responsible should the bid and/or transaction and/or auction-winning element not be able to be completed and/or completed correctly. You agree to indemnify us and agree that we will not be held liable and/or responsible for any items you attempt to bid on and/or purchase through our Services that don’t result in a successful bid, and/or auction win, and/or purchase and/or transaction due to any reason.

It is also important to note that the hardware and operating software on your Devices and the internet provider and/or WIFI service and/or phone carrier you may be using may have an effect on lag time, delays or other inconsistencies on your viewing, interactions and performance of our timer and/or auctions and/or Services including discrepancies between our centralized server timer and the timer you view on your Devices. Therefore, even though we have done everything we can in our programming capabilities to assure that the final bid placed should be the auction winner, it is impossible for us to guarantee such outcomes in every situation due to glitches, tech issues and human error that may happen from time to time. By participating in our auctions and/or Services, you agree to take all responsibility for your bidding, actions and participation on our auctions and Services and the outcome thereof whether favorable or unfavorable. We will not be held liable or responsible for any bidding problems, auction losses, payment issues, transaction issues, discount wheel issues and/or discount errors, any type of issues or glitches, delays, malfunctions, freezes, timer issues, auction expiration issues, account and/or data issues or otherwise which may take place on our auctions or Services caused by us, you, others or derived from any tech and/or service providers, coding issues, glitches or any other thing which may create a problem in the normal expected functionality of our auctions, transactions and/or Services.

Therefore, our Services are offered and provided on an "as is" basis without any promise, guarantee and/or warranty of any kind of performance level, whether expressed or implied. We do not represent or guarantee that when you use our Services, they will always work correctly as outlined and expected – there may be issues such as, but not limited to: delays, interruptions, lost data, exposed data, crashes, outages, timer issues, auction expiration issues, discount wheel lag or error, graphic mutations, malfunctions or irregularities and/or fails and you agree that we are not liable and you will not seek any damages from us should such things occur. You may report any glitches and/or issues you find with our Services to us at Support@BelowSpot.com (please be sure to put the word ‘glitch’ in the ‘Subject’ line and include your Account user name and the email address you use on your Account). Although we do not offer payment, compensation or acknowledgement of any kind to users who report glitches or issues they may find or have experienced, we sincerely appreciate any notice you can give us on any glitch and/or issue you may find with our Services and we will do our best to address those problems quickly so that you can enjoy a better experience with our Services.

We have taken reasonable measures to secure and protect your privacy and Personal Information (along with the storage thereof) from unauthorized access, usage, viewing or disclosure. Although we work hard to create a high level of security for our users, we cannot guarantee, warranty or represent that our Services will always be secure and will not be breached by a third party, coding error or human error. You agree that we will not be held liable and/or responsible in any way should the security of our Services be breached or the use of our Services not function as expected in any manner or form. Likewise, you agree to indemnify us and agree that we will not be held liable and/or responsible in any way for any hardship, fraud, identity theft and/or consequence you may suffer by the use of our Services or by a security breach or by any glitches and/or errors that may occur or by any hardship, fraud and/or consequence of any kind you may suffer from the use of our Services or from another user’s use and/or misuse/abuse of our Services. Please see our Privacy Policy page for complete details about our security measures.

Final Bidder Will Win: The last person to bid on an auction before the auction timer expires will win the auction. In some cases, there may be a vast amount of users all trying to place a bid in the final seconds of a specific auction. Our software and code is extremely precise and accurate and is programmed to be able to determine who actually placed the final bid (even if there large amount of users all attempting to place a bid at nearly the same time when an auction is ending). The timer on our auctions is on our centralized server to assure the most precise accuracy possible for all bidders. However, the hardware and operating software on your Devices and the internet provider and/or WIFI service and/or phone carrier you may be using may have an effect on lag time, delays or other inconsistencies on your viewing, interactions and performance of interacting with our timer and/or auctions and/or Services including discrepancies between our centralized server timer and the timer you view on your Devices. Therefore, even though we have done everything we can in our programming capabilities to assure that the final bid placed should be the auction winner, it is impossible for us to guarantee such outcomes in every situation due to glitches, tech issues and human error that may happen from time to time. By participating in our auctions and/or Services, you agree to take all responsibility for your bidding, actions and participation on our auctions and Services and the outcome thereof whether favorable or unfavorable. We will not be held liable or responsible for any bidding problems, auction losses, payment issues, transaction issues, discount wheel issues and/or discount errors, any type of issues or glitches, delays, malfunctions, freezes, timer issues, auction expiration issues or otherwise which may take place on our auctions or Services caused by us, you, others or derived from any tech and/or service providers, coding issues, glitches or any other thing which may create a problem in the normal expected functionality of our auctions, transactions and/or Services.

12. Register an Account and Suspension/Termination of Account

We reserve the right to refuse access and/or use of our Services and/or to suspend and/or terminate Accounts and/or our Services to anyone at any time for any reason and in our sole discretion. You are not allowed to use the Below Spot name (or any form thereof and/or any similar sounding or visual derivative) as your Account name or user name or as a portion of your Account or user name. You are not allowed to create any such name or concept that would otherwise create a connection to Below Spot or potential association confusion, management authority or employee position to Below Spot in any way.

You are not allowed to impersonate and/or infringe upon another person’s name or trademark by using either their name, likeness, image, personal information, similar sounding or visual elements or any other similar materials for your Account. You agree we reserve the full right under any circumstance and solely by our own discretion to have a user modify or completely change their user name for any reason we deem necessary.

To participate in our auctions or on our Services, you must first register by creating a free Account. We do not charge a registration fee or Account fee. You will be required to provide personally identifiable information (“Personal Information”) to create your Account. You agree that all information you provide to us when you register and whenever you update your Account will be truthful. Please see our Privacy Policy for a description of our information collection and security practices.

If you open an Account on behalf of a company and/or an entity or a trade name and/or trademarked name, you affirm that you are the legal owner and/or are legally authorized and empowered to act on behalf of that company, entity, trade name and/or trademark and are not infringing upon another owner’s rights. If you use a name and/or user name on your Account that incorporates a company name, trade name and/or trademarked name, you affirm that you are legally authorized by said owner to utilize the name or mark on our Services. You take full responsibility for any Account creation and we will not be held responsible or liable in any way.

By creating an Account, you affirm that you have not been previously suspended, cancelled, removed or terminated from the Services (under any name, identity and/or fictitious name that in reality is actually you) and you do not have an existing Account using the same name, modified name and/or a different name with our Services.

You may terminate your Account voluntarily by emailing us at: Support@BelowSpot.com (please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and be sure to include your Account user name and the email address used on your Account). In order for you to terminate your Account, you must email us your request from the email address you have on file in your Account with us. We may retain your Personal Information on file indefinitely at our discretion from terminated Accounts.

We reserve the right to modify, change or eliminate any of our Account programs, features or fees at any time and for any reason we deem necessary.

We reserve the right to limit, suspend or terminate users and close their Accounts at any time and for any reason that we deem appropriate or necessary, including but not limited to fraud, abuse, sale or advertising of prohibited items, spam, hacking, unethical practices, improper use of our Services, infringement, theft, and any other violations of our Agreement. We may retain Personal Information from terminated Accounts for an indefinite period of time at our discretion.

In our sole discretion, we may pause, limit, suspend, cancel, modify and/or terminate your Account (whether active, dormant and/or inactive) at any time and for any reason we deem necessary or appropriate. Upon suspension or termination, all fees and charges owed to us by you and/or your Account are immediately due and payable.

13. Our Communications with Our Users:

As a technology-based business, we primarily use email, text, postings, alerts, phone, mail, push notifications and/or messaging to communicate with you regarding information and updates regarding our Services along with our relationship and involvement with you about our Services. We assume no liability and/or responsibility for any email, post and/or message we send that becomes undeliverable or unviewed for any reason. Please be sure to clear us on your ‘junk’ and ‘spam’ email filter in order to help assist in the delivery of our email to you. We also may choose to communicate with you via U.S. Mail, overnight delivery, various delivery carriers, telephone and facsimile, text messaging or otherwise, using the contact and/or Account information that we collect or that you provide to us.

With your affirmative consent, we will use your email address(es) and other communication options to send, display and provide you messages, promotions and advertisements with the purpose of promoting the use of our Services and/or the purchase of products or services unrelated to our Services. You may consent to the receipt of such material when you register and create an Account or at a later time. You may withdraw your consent to receive such promotions and ‘opt out’ at anytime by contacting us via email at Optout@BelowSpot.com or by using the opt out link on any of the promotional emails you may receive from us or by following other instructions that we may provide. If contacting us by email to opt out, please be sure to indicate in the ‘Subject’ line of your email to us that you wish to ‘opt out’ of receiving marketing materials and advertisements and be sure to include your Account user name and the email address you use on your Account.

You may communicate with us at any time by email at Support@BelowSpot.com (when emailing us, please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and also include your Account user name and the email address you’re using on your Account).

Watch Out for Fraud, Phishing Schemes and Scam Tactics: Scammers and online criminals can be very creative and they are constantly devising new programs and tactics to try and get your money, your personal information and your account information. They may try to contact you through email, text, phone or mail masquerading themselves as being from Below Spot. Stay safe by never giving out any of your personal information, payment information or account information to anyone who contacts you claiming to be from Below Spot. If we ever need personal information, payment information or account information from you, we will instruct you to contact us directly on our website at www.BelowSpot.com or we will have you call us at our corporate phone number 1-800-960-4414 or email us at support@belowspot.com.

Spoof Phone Numbers: Phone scammers have technology called ‘spoofing’ where they can call you from any number and have your caller ID show the Below Spot name along with our correct phone number 1-800-960-4414. If you ever get a call and your caller ID shows Below Spot along with our correct phone number and the person asks you for personal information, payment information or account information, please do not give them any of your information. Simply hang up and then call us at 1-800-960-4414 to see if we need to talk to you. You can also simply go to our website, www.BelowSpot.com and use the Contact Us form or email us directly at support@belowspot.com.

14. Alerts & Notifications:

We may send you and/or post alerts on or through our Services in the form of red badges (or other colors) to inform you of such things as, but not limited to: bidding information; invoices; company announcements; notices, new auctions; new listings and more.

We may also provide you with ‘Push Notifications’ on your Devices which can alert you to such things as, but not limited to: bidding information; invoices; company announcements; notices, new auctions; new listings and more. The push notifications will keep you updated in near real time and will attempt to enhance your overall fun and enjoyment in using our Services. You can always revoke your permission for push notifications to be sent to you on our Services by adjusting the settings on your Devices.

15. Sponsored Ads, Affiliate Links and Advertising:

We reserve the right to display our primary advertising on our Services at our own discretion. We may monitor and store your Personal Information and usage data on our Services in order to provide you with content and ads that are relevant to your interests and trends.

Primary advertising includes but is but not limited to: Offers from us; Affiliate offers; Offers from third party merchants; Sponsored ads; Banner ads; Graphic ads; Text ads. The type of ads we may utilize or their presentations may be modified at our sole discretion and are subject to change at any time without any notice to you. The purpose of these ads would be for promoting the use of our Services and/or the purchase of products, goods or services that may or may not be related to us or to our Services. You agree that we may not always showcase and identify ads, promotions, affiliate links and/or sponsored solicitations as such in a manner that is acceptable to you. Ads may include links that may take you off our Services in which case you may be on a different website and/or service that is not part of us, nor controlled by us.

The concept we use to make a profit is very simple – Every auction we offer will display sponsored ads and/or affiliate links. We generate revenue from the various sponsored ads and affiliate links that we display on each of our auctions. The ad fees paid to us from these sponsored ads and the revenue we generate from the affiliate links are what pays for the discounts on our auctions and allows us to make a profit. So in reality, we are making our profit on the advertising fees and on our affiliate link revenue rather than solely on the sale of the item.

We will not be held liable or responsible for any ads and/or links you respond to and for any information, products, goods or services offered by third parties nor are we responsible for any such information, products, goods or services you choose to purchase from these ads, and/or links. If you access any third party ads, websites, apps, products, services and/or content from our Services, you agree that you are doing so at your own risk and agree to indemnify us and not hold us liable or responsible for your access, interaction, exchange, transaction, purchases and/or communication with third parties accessed through our Services.

Any form of referral and/or ad and/or link we display and/or provide does not mean we are endorsing that company, website, service, product or information including, but not limited to such referrals and/or links that may direct you to: crypto wallets; crypto coins; tokens; exchanges; trading and payment platforms; payment gateways; links; ads; sponsored ads; affiliate links and ads and/or any other referral and/or link we may provide and/or display. In all such cases, you agree that should you contact them and/or click these links and/or interact in any way with these third-parties, you are doing so of your own volition and at your own risk and agree to indemnify us and not hold us liable or responsible in any way for your access, interaction, exchange, transaction, purchases, outcome and/or communication with third parties accessed through our Services via any method.

For information and details about how our advertising programs works, please go to our FAQs page on our Belowspot.com website and view the FAQ entitled:

“How does your sponsored ad and affiliate link program work?”

For information and details on how to submit your ad or affiliate link for placement on our website and/or Services, please go to our FAQs page on our Belowspot.com website and view the FAQ entitled:

“How can I post a sponsored ad or affiliate link on your auctions?”

If you choose to advertise with us by placing a sponsored ad and/or affiliate link on our website and/or Services, we cannot guarantee the outcome, response, effectiveness and/or potential profitability of your advertisements and/or affiliate links and the results they may produce.

16. Prohibited Conduct:

We reserve the right in our sole discretion to suspend and/or terminate your Account and/or use of our Services at any time and for any reason we deem necessary or appropriate. Without limiting our discretion, you specifically agree that you will not at any time:

Use our Services for any unlawful or improper purpose.
Use or attempt to use another user’s Account without their permission.
Compromise and/or breach the security of our Services.
Reverse engineer our Services and/or attempt to gain access to our source code or programming.
Develop software or programs that utilize or work with our user content or Services without our prior written consent.
Use our Services in any manner so as to disrupt, damage, disable, slow down, interfere, modify or impair the Services and/or the functionality of our Services to our users.

17. License and Content:

We do not claim any ownership for any of the content and/or Personal Information you may display and/or store on our Services. Except as described in our Policy, any content or Personal Information you post, display and/or provide to our Services is non-confidential and not-proprietary. You agree that we will not be held responsible and/or liable for any content and/or Personal Information you provide and utilize through our Services and you allow us to store and use such content and/or Personal Information on our Services. You take full responsibility for any and all content and/or Personal Information you post and utilize on our Services and for all interactions of such with other users. Please note that if you remove content and/or Personal Information from your Account or if you delete our Services from your Devices, your content and/or Personal Information, such as but not limited to: your user name and bid amount and bid times and products you bid on and auctions you won or lost along with any purchases you made, may still be available and viewed by other users on our Services in which such Personal Information of yours may be displayed on past/completed auctions and/or product listings and/or recently sold items.

Upon you removing content and/or Personal Information from your Account and/or upon you deactivating your Account and/or deleting our Services from your Devices, you agree that we reserve the right to continue to store and maintain (for a length of time solely determined by us) any content and/or Personal Information you provided (or we collected) at any time to/by us (or through our Services) along with us being able to continue to utilize (for a length of time solely determined by us) any content and/or Personal Information you provided (or that we collected) at any time and obtained by us and/or transmitted and/or displayed to other users through the expected and ordinary use of our Services.

By creating an Account and providing us with Personal Information, you are giving us a royalty-free, non-exclusive, transferable, sub-licensable, worldwide license to use, store and display on our Services the following, but limited to: your user name; bids; bidding times; bidding amounts; auctions you bid on; auctions you won and lost; amounts paid on auctions you won; discounts you received on auctions you won; purchases you made. You agree to allow this information to be displayed freely on our Services with the understanding that other users of our Services will be able to freely view such information.

We may retain, store, retrieve, use and display any Personal Information you provided (including but not limited to Personal Information that we or you removed from our Services) for a period of time based on our sole discretion and determination. We encourage and advise you to make your own backup copy of your Personal Information (separate from our Services) in the event your Personal Information on our Services becomes corrupted and/or is removed, altered, damaged, lost, stolen or deleted and/or in the event we terminate our Services and/or suspend and/or terminate your Account.

You agree that we take no responsibility and assume no liability for any Personal Information that you or any other users and/or third parties may exhibit, display, disseminate and/or communicate with via our Services. There may be some content, ads and/or Personal Information that you may view, receive or be exposed to on the Services that is upsetting, objectionable, offensive, violating, inaccurate and/or inappropriate and that may or may not violate this Agreement, but in any case, you agree not to hold us responsible and agree we assume no liability for such occurrences.

By using our Services, you are granted a non-exclusive license (that cannot be sub-licensed) to access and utilize our Services provided that our Services are not altered and/or modified by you in any way and that you use our Services within the normal scope of how our Services normally function and not outside of the normal expected functionality of our Services. The license is subject to the terms and conditions of this Agreement and is non-exclusive, non-transferable and can be revoked by us at any time and for any reason.

All our company material, information and data on and/or contained in our Services include, but are not limited to: names, logos, icons, graphics, pictures, images, photos, videos, text, art, illustrations, designs, layout, functionality, discount wheel auction concept, page flow, arrangement, programming and code (“Company Content”). Company Content can and/or may be protected by trademark, trade dress, copyright, patent and intellectual property laws. Unauthorized use is prohibited – you may use and/or access our Company Content solely within the normal course of operations and functionality within our Services and in how our Services are to be used as governed by this Agreement. You agree not to use our Company Content in any way outside the normal scope of our Services and agree to only use our Company Content in a manner as expressly stated in this Agreement. You may not copy, imitate, transmit or use our logo, name and/or Company Content in way outside what is permissible through our Services within the context of this Agreement.

18. Copyright Infringement:

As per the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we will delete content and Personal Information or prevent or restrict access to any content and/or Personal Information that infringes on another party’s copyright and/or trademark (upon the written request/notice to us by the trademark and/or copyright owner/controller and verification thereof by us). If you believe that someone on our Services is infringing a copyright and/or trademark that you own or control, please file a notice by contacting us.

You can contact us directly at: Support@BelowSpot.com (when emailing us, please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and be sure to include your Account user name and the email address used on your Account).

Any violation of copyrights and/or trademark and or intellectual property shall be the responsibility solely of the infringing user and we assume no liability or responsibility for such actions that a user performs on or through our Services.

19. Sale, Merger or Bankruptcy:

In the event that our Services (in whole or in part) are purchased by, merged with and/or acquired by a third party or separate entity, we retain the right to transfer all user content, history, Accounts and Personal Information that we’ve obtained, collected and/or stored from the use of our Services to the third party. In the event of bankruptcy, insolvency, reorganization, receivership or the assignment of benefits to the restitution of creditors, we may no longer be in control of corporate assets and thus, any content, history, Accounts and Personal Information on our Services may no longer be controlled by us.

20. Releases, Limitation of Liability and Indemnification:

The releases, liability limitations and indemnity rights set forth below inure to the benefit of Below Spot, the Services, our owners, our parent or subsidiary entities (if any), our successors and assigns (if any), and our shareholders, investors, management, directors, officers, employees, licensees, licensors, agents and vendors.

We reserve the right to correct mistakes, typographical errors or incorrect information on our Services. You agree to hold us harmless should any mistakes or typographical errors appear on our Services.

Since we do not control what our advertisers offer, nor the landing pages that link from their sponsored ads and/or affiliate ads, you understand and agree that we are not liable for, and you will not seek to hold us liable for the following, but not limited to, any advertisements, sponsored ads, affiliate links, representations, landing pages, websites, products, services, information, prices, fees, conduct or otherwise of the offers presented and/or of anyone who advertises such offers on our Services and/or that uses and/or utilizes our Services. Should you discover a broken link or any advertisement, sponsored ad, affiliate link, landing page issue and/or inappropriate landing page or any issue associated with advertisements on our Services that may be in violation of this Agreement, you can notify us of the alleged violation by contacting us at: Support@BelowSpot.com (please be sure to provide a short general description in the ‘Subject’ line as to what your email is about and be sure to include in your email your Account user name and the email address used on your Account).

We also cannot promise that you may not find objectionable material, products, services, ads and/or content on our Services and you agree that you will not hold us liable or responsible for such occurrences.

We likewise do not and cannot promise that our Services will operate in a continuous, flawless or secure manner. Outages, malfunctions and system failures caused by any number of foreseeable or unforeseeable factors may occur on our Services. We may take our Services offline to make upgrades or perform maintenance, and that downtime may interrupt or affect your activity, interaction, Account and history information, bidding or purchases and transactions on our Services. You agree that we are not liable for, and you will not seek to hold us liable for any outages, downtime, malfunctions, glitches, human error, system failures, system upgrades and/or maintenance on our Services, whether intentional or not, and the potential adverse outcome for you that such issues may produce.

We further reserve the right to make immediate and/or abrupt changes, alterations and modifications to our website, Services and live auctions during live operations, maintenance operations and/or at anytime in the manner of such as, but not limited to: extending an auction past its posted expiration date; ending an auction before its posted expiration date; canceling an auction (even if bids have already been submitted by users); changing the bid increment values on an auction; removing all bids from an auction and/or restarting the auction; eliminating and/or changing the ‘paused bids’ duration to shorten or extend; ceasing the acceptance of further bids on an auction regardless of how much time is left in the auction; changing shipping fees and processing fees; modifying the retail price; changing images of the item and/or the description and/or title; changing, modifying and/or eliminating the discount wheel and/or the discount values on a discount wheel; pausing and/or restarting the discount wheel; modifying the spin speed of the arrow on the discount wheel; stopping the arrow on the discount wheel from spinning either prior to the ending of the auction or stopping it at some point after the ending of the auction; allowing the arrow on the discount wheel to be uniquely independent and stop at different discounts for the same auction on each device and/or account used to view that specific auction in which case the arrow stopping is a unique application acting in a random independent fashion for each device that views that specific auction (whether viewed while the auction is still live or after it has ended and is now a completed auction). You agree that we shall not be held liable for any damage, loss and/or inconvenience caused to you should any of the above actions take place.

We are not liable for, and you will not seek to hold us liable for, any losses or damages that you might sustain in connection with your use of our Services, including but not limited to your actual or attempted Account registration, bidding on auctions, purchasing items or services, your transaction and processes thereof, your acquisition of crypto and/or your process of paying with crypto. We disclaim any and all implied guarantees, warranties and covenants to the greatest extent allowed by law.

By participating in our Services, you agree that we are not liable and you agree to indemnify, defend and hold us harmless along with all owners, management, officers, directors, shareholders, investors, employees, affiliates, licensees, licensors and vendors from any losses, damages, problems, hardships, harassment, stalking, bullying, offensiveness, theft, fraud, lawsuits or otherwise that you might experience or sustain in connection with your use of our Services, including but not limited to: your actual or attempted Account registration; use of the Services by you or others; bidding on auctions; purchasing items or services; your transactions and processes thereof; your acquisition of crypto and/or your process of paying with crypto; your content or Personal Information we display or that you send, post, display, receive or view; other user actions & content; your user actions & content; violation of this Agreement by other users; violation of this Agreement by you; any type of transaction or process (monetary, crypto or otherwise). We disclaim any and all implied guarantees, warranties and covenants to the greatest extent allowed by law.

You release and discharge us from liability for any and all claims, causes of action and damages that you might have against us now, or at any time in the future, arising directly or indirectly from your use and/or any person’s or entity’s use of our Services. You provide this release knowing that any items, products, services, information and/or advertisements provided, offered, sold or purchased on and/or through and/or in connection with our Services may have the potential to be severely hazardous in some form to persons or property and that the hazards may not be obvious or expressly disclosed. You waive any protection you may have under California Civil Code section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Notwithstanding the releases and liability limitations in this Agreement, in the event that we are found liable, you agree that our liability to you or a third party shall be no more than the actual purchase price or fee you paid to us (in the event we are the seller of the item or the provider of the service in question).

You further agree to indemnify and hold us harmless from any lawsuit, claim, dispute, cause of action or demand by any third party that relates directly or indirectly to your activity, actions and/or content on our Services, including without limitation: your bidding, your purchasing, your transactions, your payments, your content, your general use of our Services, your breach of this Agreement, your violation of any applicable law, or your violation of any person’s legal rights. Your indemnity obligation includes without limitation the payment of our reasonable attorneys’ fees and legal expenses.

21. Reservation of Our Rights:

We reserve all rights in our Services. You may not copy, reproduce, display, hack or back engineer all and/or any portion of our Services, nor may you use any of our trademarks, patents, copyrights and/or other intellectual property without our prior expressed permission in writing and/or through a specific licensing agreement by us in writing.

22. Applicable Law and Dispute Resolution:

Please let us know as soon as possible if you have any concerns relating to our Services so that we can attempt to resolve your concern.

You agree that this Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. This means that California law will govern the interpretation and enforcement of this Agreement regardless of where you live or work, and regardless of where any transaction or utilization of our Services by you is performed or to be performed.

If a dispute arises between you and us, and it is not resolved by mutual agreement, you agree that the dispute will be adjudicated in the Superior Court of California in and for the County of Sacramento, and you consent to the jurisdiction of that court.

You agree to bring any claims that you may have against us within one year of the date they accrue, regardless of any longer statute of limitations that otherwise might apply.

23. General:

Any trademarks, service marks, brand names or product names that you may find on our Services are the property of their respective owners and do not indicate affiliation with or endorsement by their respective owners.

We may not take prompt action, or any action, to remedy each breach of this Agreement, but our forbearance shall not be deemed a waiver of our right to enforce any provision of this Agreement.

We reserve the right to correct mistakes or typographical errors on our Services.

This Agreement, including any documents and/or writings on our Services that are referenced in this Agreement, sets forth the entire understanding of the parties with respect to the subject matter hereof, and any modifications must be in writing and expressly approved by us. This Agreement controls to whatever extent it may conflict with our Policy, cookies information or any other statements, information, instructions, documents, dialog boxes or links on our Services.