About Us

PRIVACY POLICY

Powabunga (“Powabunga,” “we,” “us” or “our”) is committed to respecting your privacy. Please read the following policy to understand how your personal information will be treated. This policy may change from time to time so please check back periodically. This policy will let you know the following:

1. What personally identifiable information is collected from me?

2. What are cookies and how they are used by Powabunga?

3. How is my information used?

4. Who is collecting my information?

5. With whom will Powabunga share my information?

6. How can I access, update or delete my information?

7. What else should I know about my privacy?

8. Children’s Privacy

9. Disputes; Questions About the Policy; Changes to the Policy

1. What personally identifiable information is collected from me?

Powabunga collects personal information when you register or create an account with us or when you send us an email. The types of personal information collected on these pages include, but are not limited to, your name, e-mail address, billing address, home address, and phone number.

2. What are cookies and how are they used by Powabunga?

Powabunga may place Internet cookies on your hard drive. Internet cookies are small files that may be placed on your hard disk for record-keeping purposes. Cookies are used to remind us of who you are in order to provide you with the services you have requested. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. By not accepting cookies, the requested services may not function properly.

3. How is my information used?

Powabunga will not sell, rent or lease your personally identifiable information to others without your consent. Powabunga will use your information for running auctions, providing you with the services, and notifying you of the status of your order. [As part of your registration you will be included on our mailing list. That means that we will use your information to notify you of products or special offers that may be of interest to you. If you do not wish to be included on our mailing list to receive product information and special offers, you may elect not to be included during the registration or checkout process, or at any other time via notice to Powabunga in accordance with Section 6 (How do I access, update or delete my information?) below]. We may use your information to do market analysis or similar studies. We may use quotes that you provide for marketing purposes, and may identify you by first name. We may share your information with agents, contractors or business partners bound by appropriate confidentiality obligations, if it is reasonably required to carry out the purposes described in this policy, but they may only use such information for the purposes of carrying out the limited uses described in this policy.

4. Who is collecting my information?

When you are on the Powabunga site and are asked for personal information, you are sharing that information with Powabunga. Please be aware that Powabunga advertisers or other websites that we use to process payment or that have links on our site may collect personally identifiable information about you. The information practices of those Web sites are not covered by this privacy statement, and Powabunga is not responsible for such third parties' information practices.

5. With whom does Powabunga share my information?

We may share the personal data you provide with buyers and sellers when you participate in an auction, other Powabunga agents, contractors or our business partners for the purposes of performing services for Powabunga in accordance with this policy. Powabunga also may share aggregated data with others. Aggregated data does not include personally identifiable information. We may also disclose your information when we believe that it is required by law or necessary to operate our business (e.g., to our attorneys, auditors, or accountants), to protect your rights, to protect our rights, or to protect the rights of others. We may also disclose your information as part of our customer or contacts list if Powabunga merges with, is consolidated with, or is sold (either in whole or in part) to a third party.

6. How do I access, update or delete my information?

You can request the individual information that Powabunga has collected about you, correct factual inaccuracies in your information, remove personal information from Powabunga's databases and/or update your personal information by contacting Powabunga via email at clientservices@powabunga.com or by U.S. mail at: Privacy Policy, Powabunga, LLC., 1323 SE 17th Street, #134, Fort Lauderdale, FL 3316 U.S.A.

7. What else should I know about my privacy?

Third party Internet sites and services accessible through Powabunga have separate privacy and data collection practices, independent of us. Powabunga has no responsibility or liability for these independent policies or actions. Please be careful and responsible online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your information, Powabunga cannot ensure or warrant the security of any information through the transmission process of third parties and you do so at your own risk.

8. Children’s Privacy.

Individuals under the age of 18 do not have permission to use this site. Specifically, Powabunga does not sell products to minors under the age of 18, promote online to minors, and does not intentionally request or collect any personally identifiable information from minors under the age of 18. If we become aware that an individual is under the age of 18 and has submitted any information to us through this Web Site, we will delete his or her information from our files.

9. Disputes; Questions About the Policy; Changes to the Policy.

Any dispute over privacy is subject to this privacy policy and our Terms and Conditions http://www.powabunga.com/terms, including limitations on damages and application of the law of the State of Florida. If you have any concern about your privacy in connection with this policy, please send us a thorough description to Powabunga via email at clientservices@powabunga.com or by U.S. mail at Privacy Policy, Powabunga, LLC., 1323 SE 17th St., #134, Fort Lauderdale, FL 33316 U.S.A., and we will try to resolve it. If we have any changes to this policy we will post a revised policy on our site. You should check our site regularly to see recent changes. Unless stated otherwise, our current privacy policy applies to all information that we have about you.

Powabunga Terms and Conditions

This website is for use only by US residents, aged 18 years or older

1. Scope. By accepting these Terms and Conditions, you agree that these Terms and Conditions (including the Privacy Policy located here at http://www.powabunga.com/privacypolicy will apply whenever you use Powabunga, LLC. (referred to as “Powabunga,” “we,” or “us”) sites or services. These Terms and Conditions may be updated from time to time. When we update the Terms and Conditions, we will provide you with notice that the Terms and Conditions have been updated. Your continued use of the Powabunga sites after notice of such update shall be deemed your consent to the updated Terms and Conditions.

2. General. Powabunga operates in some ways like an online auction web site. However Powabunga is not a traditional auctioneer. While Powabunga collects money from bidders and disperses it to sellers, it is not otherwise involved in the actual transaction between buyers and sellers and, as a result, has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the postings, the ability of sellers to sell items, or the ability of buyers to buy items. Powabunga cannot ensure that a buyer or seller will actually complete a transaction.

3. Carrots. On Powabunga.com, rather than bidding on items with money, you bid on items using points called “Carrots.” Carrots may be obtained by purchasing paddles to enter into auctions, or performing certain other actions such as clicking a “bonus” link, the Powabunny, that appears at the top of the website from time to time. Carrots may not be redeemed with Powabunga, for cash. But may be traded or sold to other users. The Carrot structure is subject to modification, cancellation or limitation at Powabunga’s discretion, with or without notice.

4. Bidding. All bidders acknowledge and agree to comply with the following:

   1. Powabunga has no control of over the quality of items which are auctioned on this site.

   2. The bidding process consists of two phases, the entrance phase and the bidding phase. To enter into an auction, you must pay a non-refundable auction paddle during the entry phase, for which you will receive Carrots. Once the reserve price for the auction has been met, the entry phase will close. Some time after the entry phase is closed (currently 24 hours) the bidding phase will begin. You may bid on the item using Carrots. The highest bidder at the end of the bidding phase (currently 24 hours) is the winner. If the reserve price for the auction is not met or if the seller cancels the auction, you will be credited back your paddle fee that can be used for the purchase of future paddles.

   3. If you are the successful bidder, Powabunga will debit your Carrot account for the amount of Carrots that you bid immediately at the end of the auction. If you are not the successful bidder in the auction, then (except in the event that the highest bidder is unable to complete the transaction, as described below), you will keep your Carrots, but Powabunga will not refund your paddle fee.

   4. Sellers may choose to offer a “Cash Option” for their auctions. If seller has offered this option, and the successful bidder selects this option, then the bidder will receive 70% of the paddle fees collected, the seller will receive 20%, and Powabunga will retain 10%.

5. If the seller cancels an auction, then Powabunga will credit the bidders their paddle fees to be used in future auctions and credit the number of Carrots that each bidder received for their paddle fee to the user’s Carrot account.

6. Selling. All sellers acknowledge and agree to comply with the following:

   1. Your listing must accurately describe the item being auctioned and describe how the item will be shipped or otherwise transferred to the bidder. You may not post false, inaccurate, misleading, defamatory, or libelous content.

   2. You may cancel a listing any time before the bidding phase has closed.

   3. You may not raise your reserve price, but you may lower it at any time.

   4. You may not list any of the following items, or any items for which it is prohibited by local law for you to do so:

      1. Firearms or ammunition

      2. Alcohol

      3. Animals

      4. Explosives

      5. Drugs

   5. Unless you offer and the bidder accepts the Cash Option (or Powabunga requires the Cash Option as described in the Disputes section below), you must deliver the items purchased from you on the terms set forth in your listing, unless you are unable to contact the bidder or the bidder fails to meet the terms of the auction, or unless you and the bidder agree otherwise.

   6. Provided that the reserve price has been met, when the bidding is closed, Powabunga will receive 10% of the paddle fees and additional money collected, and seller will receive 90%. (When you list your item for sale, Powabunga automatically adds its 10% fee to the total reserve.)

7. Disputes. If there is a dispute between a bidder and a seller, Powabunga may, in its sole discretion, (i) require the bidder and seller to accept the Cash Option (even if it was not selected by the seller), (ii) require the buyer to accept the auctioned item, or (iii) refund the buyer their carrots and not pay the seller any amount. You agree that any decisions by Powabunga regarding disputes are final.

8. General User Requirements.

   1. You may not copy, modify, or distribute rights or content from the website, or Powabunga’s copyrights and trademarks, or harvest or otherwise collect information about users, including email addresses, without their consent.

   2. Without limiting other remedies, we may limit, suspend, or terminate your user accounts, prohibit access to our sites, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue various services or tools.

9. Limitation of Liability. POWABUNGA WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR COSTS OF COVER) ARISING UNDER OR RELATING TO THESE TERMS OF USE OR ANY USE BY YOU OF THE WEBSITE, NOTWITHSTANDING EITHER THE FORM IN WHICH ANY CLAIM OR ACTION IS BROUGHT, EVEN IF POWABUNGA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM, CUMULATIVE AND AGGREGATE MONETARY LIABILITY OF POWABUNGA FOR ALL CLAIMS AND ACTIONS ARISING UNDER OR RELATING TO THESE TERMS AND CONDITIONS WILL BE LIMITED TO $1,000.

10. Indemnity. You agree to indemnify, defend, and hold Powabunga harmless from any claims, liability, losses, damages, or expenses arising from your use of this website, or use by anyone using your user name and password.

11. Disclaimer of Warranties. Powabunga does not make and hereby disclaims any warranties about any items auctioned on this website, whether express or implied. Powabunga does not warrant and hereby disclaims any warranty that use of this website will be uninterrupted, error-free, or free of viruses or other disabling devices.

12. Governing Law. All claims arising under or related in any way to these Terms and Conditions or use of the Powabunga sites will be governed by the laws of the State of Florida, U.S.A. The parties agree that all actions and proceedings arising out of or related to this Agreement shall be brought only in a state or federal court located in the State of Florida, U.S.A. and the parties hereby consent to such venue and to the jurisdiction of such courts over the subject matter of such proceeding and themselves.

13. Severability. If any provision of these Terms and Conditions are determined to be invalid or unenforceable, that provision shall be deemed stricken and the remainder of these Terms and Conditions shall continue in full force and effect insofar as it remains a workable instrument to accomplish the intent and purposes of the parties. The parties shall replace the severed provision with a provision that will come closest to reflecting the intention of the parties underlying the severed provision but that will be valid, legal, and enforceable.

14. Copyright Infringement and other Intellectual Property Claims. Powabunga works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify the Powabunga Copyright Agent. Specifically, if you believe that your work has been copied in a way that constitutes copyright infringement, please provide Powabunga’s agent the written information specified below. Please note that this procedure is exclusively for notifying Powabunga that your copyrighted material (or other intellectual property) has been infringed.

    1. A signature of the person authorized to act on behalf of the owner of the copyright interest;

    2. A description of the copyrighted work that you claim has been infringed upon;

    3. A description of where the material that you claim is infringing is located on the site;

    4. Your address, telephone number, and e-mail address;

    5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

15. Copyright Agent. Powabunga’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent: Ceri Isaacs

clientservices@powabunga.com