This website, www.edcbid.com, (the “Website”) permits users like you to purchase & sell products, in accordance with the terms of these Terms and Conditions (the “Agreement”).
(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and EDC Bid CORP, a New Jersey based S-Corporation (“EDC Bid” or “we” or “our” or “us””).
(b) The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website, such use constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. EDC Bid and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of Products from us or sellers on our platform, or otherwise, shall be governed by this Agreement.
Updates to this Agreement
EDC Bid RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. EDC Bid may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: (i) to harass, intimidate, embarrass, or threaten any person, (ii) for any illegal, libelous, obscene, pornographic, or illegal purpose, or (iii) in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, EDC Bid’s (i) Website, including its components or contents, in whole or part, (ii) Products, or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “Intellectual Property”).
(d) Except as expressly stated in this Agreement, EDC Bid does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by EDC Bid to you under this Agreement are expressly reserved to EDC Bid.
Terms and Termination
You must be at least 18 years old to order any knife Products and at least 21 years old to order restricted products. Some items on the Website may be illegal in your or other areas for possession by those under the age of 21. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.
The following items or anything related to them will NOT be allowed on this website, any listings should be reported immediately. Any photos containing any of these items will be immediately remover. We reserve the right to remove listings immediately and contact the seller, we also reserve the right to terminate any individual trying to sell any items.
EDC Bid offers no legal advice regarding laws applicable to your purchase of Products. We have provided general information herein to you of federal laws that may affect your purchase. It is your responsibility, as the buyer and/or seller, and not EDC Bid, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
Know Your Local Laws!
Automatic Knife Laws & Assisted Knife Laws
The Switchblade Act, (Pub.L. 85-623, 72 Stat. 562, enacted on August 12, 1958, and codified in 15 U.S.C. § 1241–1245), as may be amended, (the “Act”) prohibits shipment of automatic knives across state lines, with the following exceptions:
(a) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;
(b) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;
(c) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory;
(d) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (a), (b), and (c).
Sections 1242 and 1243 of the Act shall not apply to:
(e) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(f) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces.
(g) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(h) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(i) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand wrist, or arm to overcome the bias toward closure to assist in opening the knife.
PayPals Restricted Items
All sellers are responsible for following PayPal's terms of service. Please refer to the Prohibited Items from PayPal. All the items they prohibit must use another form of payment and not PayPal. EDC Bid is not responsible for any issues that might occur with PayPal for these type of transactions if they occur.
PayPal's Prohibited Items
Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between EDC Bid and you.
You shall defend, indemnify, and hold harmless EDC Bid and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
Disclaimer of Warranties
(a) EXCEPT AS EXPRESSLY STATED HEREIN, EDC Bid: (A) PROVIDES ACCESS TO THE WEBSITE AND THE PRODUCTS ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND THE PRODUCTS, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND THE PRODUCTS. EXCEPT AS EXPRESSLY STATED HEREIN, EDC Bid DOES NOT WARRANT THAT THE WEBSITE OR ANY THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. EDC Bid is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty . If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, EDC Bid will not be held liable for the misuse of any Product purchased from us or any of our sellers and dealers.
Limitations of Liability
(a) EDC Bid SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EDC Bid’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EDC Bid UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.