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| 01/29/2009 7:49 AM |
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THIS IS THE LATEST OFFER...
THIS IS THE LATEST OFFER... PLEASE DO NOT ACCEPT THIS OFFER!! IT IS MERELY A WAY TO GET YOU TO SIGN A LEGAL RELEASE AND PROTECT THEMSELVES FROM BEING SUED.
FirstDIBZ Customer Satisfaction Agreement
In response to the fraudulent activities by a group of outside individuals who violated our Buyer Agreement and Seller Agreement by placing tickets for sale in our uDIBZ Super Bowl XLIII market that they did not possess, FirstDIBZ offers the following terms to you:
Proffered Terms
1. FirstDIBZ will refund all costs associated with the fraudulent uDIBZ activities. This includes teams that have been eliminated.(This may have already occurred) Value: average $129.
2. FirstDIBZ will fund your wallet $250 for each of your fraudulent Steelers and Cardinals uDIBZ contracts, up to 4 (EX: 2 Fraud uDIBZ =$500, 4 Fraud uDIBZ =$1000)
3. In addition, FirstDIBZ will give each Steeler and Cardinal fraudulent uDIBZ holder a $100 FirstDIBZ credit per uDIBZ (unlimited) for usage at your discretion on FirstDIBZ.com .
Legal Release
In consideration of FirstDIBZ' undertakings as set forth in this agreement, the receipt and adequacy of which are hereby acknowledged, Customer, for himself and its/his employees, agents, consultants, experts, representatives, and attorneys, as well as all other natural persons in its/his employ or otherwise acting or purporting to act on its/his behalf, releases and discharges FirstDIBZ and its present or former owners, directors, officers, employees, agents, consultants, experts, representatives, and attorneys, as well as all other natural persons in its employ or otherwise acting or purporting to act on its behalf, against any rights, duties, obligations, claims, causes of actions, demands for payment, or any other action, known or unknown and that presently exist or that arise in the future, concerning, arising from or in any way related to tickets to Super Bowl XLIII through the uDIBZ Marketplace or the right to purchase or obtain any such tickets through the uDIBZ Marketplace, including but not limited to any claims involving "DIBZ" possessed at any time by Customer through the uDIBZ Marketplace in connection with such tickets.
It is understood that this release shall be and remain in effect as a full and complete general release notwithstanding the discovery of different or additional facts. Customer acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows: 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. Customer is aware of said Code section, and hereby expressly waives any rights he may have thereunder, as well as under any other statutes or common law doctrines of similar effect.
Electronic Signatures Disclosure: By electronically signing this agreement you acknowledge and agree that such electronic signature is valid evidence of your consent to be legally bound by FirstDIBZ. You accept notice by electronic means as reasonable and proper notice, for the purpose of any and all laws, rules and regulations. The electronically stored copy of this agreement is considered to be the true, complete, valid, authentic and enforceable record of the Agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You agree to not contest the admissibility or enforceability of FirstDIBZ electronically stored copy of the Agreement.
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Administrator Account
Post Count:15
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| 01/29/2009 7:55 AM |
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Okay, I just have been made aware of your final notice - pressuring those left into signing your agreement. This has now officially gone too far. You will lose in so many ways FirstDibz. Your CEO Rick Harmon's initial interview with the Chicago Tribune, suggests the time of fraudulent buys, amounts, and numbers affected. All completely misleading. So you you may say he did not know all the facts. A CEO doesn't make statements without all the facts! CEO 101.
Next is the fact that FirstDibz is in the process of upgrading their UDibz site. This is proof that your Udibz site initially(prior to the superbowl market place)was not capable of handling measures against fraudulent activities. When you collect fees and control a market place, you are responsible for safe and legal transactions.
Reperations agreement. Nothing smells worse than a company pressuring their customers into a binding legal agreement. If this agreement was out of "good faith" then there would be no reason to speed up the expiration process. This is to pressure victims into giving up all their rights, due to a monetary figure.
Your policy. You have a policy regarding winning items that mentions you have the "right", but not the obligation to: make things right.(With all the legal mumbo jumbo aside)..However you are quoted numerous times in your emails in numerous different ways (suggesting) that you will do "every thing you can, or at your disposal" to make things right.
Your figures. Your $250 offer equalling millions of dollars does not make sense. Going by your figures, there would have to be over 1,000 customers affected and that is assuming all had 4 fraudulent superbowl tickets. Your 100 dollars udibz credit can and should not be contributed to your bottom line: "million(s) dollar loss. You would be recooping most if not all of this promotion like credits. It is almost like a marketing ploy to keep people "dibzing". Should a Casino be able to give out a match play coupon and record that as a loss?
Prior Udibz market place. Have you done the necessary DD to figure out how legitimate the Chicago Cub's World Series Udibz were? Were these Udibz that would have been fullfilled had the Cub's made the world series? You may hide behind the fact that there is no value to these dibz so there is no reperations to be had. Which is true, but it won't sit well with your Chicago Cubs fans AND the odds that your company paid off fraudulent sellers, only fueling a fraud superbowl market.
Last but not least. I will not accuse you of, because I have no proof. Although I read in a blog that someone has a e-mail from your management of an offer. This offer is to keep the particular party quiet. This sort of action would not only end your careers, but bring criminal charges against those involved. I certainly hope this did not happen. Actually I know this did not happen, because Mr. Harmon is not stupid, right?
First Dibz. Just come out and give these people a fair offer. I have read their posts and most do not seem greedy. I do however believe you may be. You have been given a chance for your company to survive, even though your neglectful ways could have put you under. Actually it still could, so give these few people what they deserve and COMPROMISE. We both know this would never go to court, so no need to pay the lawyer. You work with your customers, you may just keep them and get all your money back. Never underestimate the power of just one man/woman.
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Anonymous (guest)
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| 01/31/2009 6:27 AM |
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All,
If you have any questions about the class action lawsuit, you can contact Drew Sciolla at asciolla@pbmattorneys.com
I am sure he would be interested in getting any of the info you have on this case. Any contact or promises made by Firstdibz? Have they tried to cut you some other deal? Any phone calls or emails from Firstdibz promising you or guaranteeing you anything? He is based outside of Philadelphia in Conshohocken PA. |
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