1. 1 The Bidease online page and domain name and some other linked pages, traits, content, or application facilities offered now and again by Company in connection therewith collectively, the “Website” are owned and operated by Company. Subject to the terms and stipulations of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and that have been selected by you along with the Website, the “Services”, solely on your own use, and not for the use or advantage of any third party. The term “Services” incorporates, with out drawback, use of the Website, any carrier Company performs for you and the Content as described below offered by Company on the Website. Company may change, droop or stop the Services at any time, including the provision of any function, database, or Content.
Company also can impose limits on sure features and amenities or limit your access to parts or each of the Services all of sudden or liability. Company reserves the right, in its sole discretion, to change this Agreement at any time by posting a notice on the Website, or by sending you a notice. You shall be liable for reviewing and turning into accustomed to the sort of modifications. Your use of the Services following such notification constitutes your popularity of the terms and stipulations of this Agreement as changed. 1. 2 Company doesn’t knowingly gather or solicit personal information from anyone under the age of 13 or knowingly allow such persons to sign in for the Services.
If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email tackle. No one under age 13 may provide any personal data to Company or on the Services. In the event that we learn that we have got amassed private data from a baby under age 13 without verification of parental consent, we are able to delete that information as easily as feasible. If you consider that we may need any data from or about a toddler under 13, please contact us . You represent and warrant to Company that: i if you are acting as an organization you have got the legal capability to form a binding contract, ii if you’re an individual i. e.
, not a corporation you’re of legal age to form a binding contract or have your parent’s permission to do so, and you are at the least 13 years or age or older; iii all registration information you submit is correct and truthful; and vi you will hold the accuracy of such information. You also certify that you simply are legally approved to use and access the Services and take full responsibility for the alternative and use of and access to the Services. This Agreement is void where prohibited by law, and the correct to access the Services is revoked in such jurisdictions. 2. 1 The Services and its contents may only be used in line with the terms of this Agreement.
3. 1 You warrant, characterize and agree that you just will not give a contribution any Content or differently use the Services in a manner that i infringes or violates the highbrow assets rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; ii violates any law, statute, ordinance or law; iii is dangerous, fraudulent, misleading, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; iv involves industrial actions and/or sales without Company’s prior written consent reminiscent of contests, sweepstakes, barter, advertisements, or pyramid schemes; v impersonates any one or entity, adding with out concern any employee or consultant of Company; or vi consists of a deadly disease, trojan horse, worm, time bomb, or other dangerous pc code, file, or program. Company reserves the proper to remove any Content from the Services at any time, for any reason adding, but not restricted to, upon receipt of claims or allegations from third events or professionals relating to such Content or if Company is concerned that you just could have breached the automatically previous sentence, or for no reason at all. You, not Company, remain solely accountable for all Content that you upload, post, email, transmit, or in a different way disseminate using, or in reference to, the Services, and you warrant that you just own all rights necessary to provide such content material to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. 3. 2 You are accountable for all your pastime in reference to the Services.
Any fraudulent, abusive, or differently unlawful activity may be grounds for termination of your right to access or use the Services. You won’t post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or meant to obtain password, account, or inner most data from another user of the Services. Use of the Services to violate the safety of any computer network, crack passwords or safety encryption codes, transfer or store unlawful fabric including fabric that may be considered threatening or obscene or engage in any form of illegal exercise is expressly prohibited. You will not run Maillist, Listserv, any variety of auto responder, or “spam” on the Services, or any processes that run or are activated whilst you aren’t logged on to the Services, or that otherwise interfere with the correct operating of or place an unreasonable load on the Services’ infrastructure. Further, using manual or computerized software, gadgets, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or in another way attempt to obtain the source code of the Services.
You will be liable for withholding, filing, and reporting all taxes, duties and other governmental exams linked to your endeavor in connection with the Services. 4. 1 Company has no particular dating with or fiduciary duty to you. You recognize that Company has no control over, and no duty to take any action concerning: which users gain access to the Services; what Content you access via the Services; what outcomes the Content may have on you; how you might interpret or use the Content; or what movements you may take due to having been uncovered to the Content. You liberate Company from all legal responsibility for you having received or not received Content via the Services.
The Services may include, or direct you to web pages containing, information that some people may find offensive or inappropriate. Company makes no representations regarding any content contained in or accessed through the Services, and Company usually are not guilty or chargeable for the accuracy, Company makes no representations or warranties in regards to the accuracy of descriptions any place on the Services, or concerning information or guidelines of facilities or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 6. 1 A condition to using some points of the Services, you would possibly be required to sign in with Company and select a password and user name “Company User ID”.
You shall provide Company with accurate, complete, and up-to-date registration information. Failure to do so shall constitute a breach of this Agreement, which may result in prompt termination of your account. You might not i choose or use as a Company User ID a name of another person with the intent to impersonate that person; or ii use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the proper to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
8. 1 TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY I FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFORE DURING THE 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; II FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; III FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR IV FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 10. 1 The Services may comprise links to third party web pages or facilities “Third Party Services” that aren’t owned or managed by Company. When you access Third Party Services, you do so at your individual risk.
You hereby signify and warrant that you have got read and comply with be bound by all relevant policies of any Third Party Services concerning your use of the Services and that you will act in response to those guidelines, as well as your duties under this Agreement. Company has no control over, and assumes no accountability for, the content material, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold innocent Company from any and all liability coming up from your use of any Third Party Service. 10.
2 Your interactions with groups and/or individuals found on or through the Services, adding charge and birth of products or services, and another terms, conditions, warranties or representations associated with such dealings, are solely between you and such corporations and/or people. You should make anything research you’re feeling necessary or appropriate before continuing with any online or offline transaction with any of those third parties. You agree that Company shall not be responsible or chargeable for any loss or damage of any sort incurred as the result of such a dealings. If there is a dispute among individuals in this site, or between users and any third party, you take into account and agree that Company is under no responsibility to get entangled. In the event that you have a dispute with one or more other users or third events, you hereby liberate Company, its officers, employees, agents, and successors in rights from claims, demands, and damages actual and consequential of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, coming up out of or in any way related to such disputes.
If you’re a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A regular unlock does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him need to have materially affected his cost with the debtor. ”11. 1 This Agreement shall remain in full force and effect while you utilize the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your club at any time, for any reason, and by surprise, that may bring about the forfeiture and destruction of all data linked to your membership. Company can even terminate or suspend any and all Services and access to the Website immediately, with out prior notice or legal responsibility, if you breach any of the terms or circumstances of this Agreement.
Upon termination of your account, your right to use the Services, access the Website, and any Content will instantly cease. All provisions of this Agreement which, by their nature, should continue to exist termination, shall survive termination, adding, without difficulty, possession provisions, warranty disclaimers, and limitations of legal responsibility. 12. 1 The failure of either party to exercise, at all, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be chargeable for any failure to carry out its responsibilities hereunder where such failure results from any cause beyond Company’s affordable control, including, with out trouble, mechanical, electronic or communications failure or degradation adding “line noise” interference.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be restricted or eliminated to the minimal extent necessary so that this Agreement shall differently remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may move, assign or delegate this Agreement and its rights and obligations with out consent. Unless a separate commercial agreement also is in place between the parties where such separate commercial contract may combine and take priority over this Agreement, both parties agree that this Agreement is the complete and unique statement of the mutual understanding of the parties and supersedes and cancels all earlier written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that every one modifications has to be in a writing signed by both events, except as differently furnished herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatever.
Headings for each phase were blanketed above for your convenience, but such headings do not have any legal meaning, and may not precisely mirror the content material of the provisions they precede. You and Company agree there are no third party beneficiaries meant under this Agreement. 13. 1 This Agreement shall be ruled by and construed in accordance with the laws of the State of California with out regard to the clash of laws provisions thereof. Any dispute bobbing up from or regarding the discipline matter of this Agreement shall be at last settled by arbitration in San Francisco County, California, using the English language based on the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. “JAMS” then in effect, by one commercial arbitrator with enormous experience in resolving highbrow assets and commercial contract disputes, who shall be selected from the suitable list of JAMS arbitrators according to the Streamlined Arbitration Rules and Procedures of JAMS.
Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial reputation of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the correct to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final resolution by the arbitrator. For all functions of this Agreement, the events consent to exclusive jurisdiction and venue in america Federal Courts observed in the Northern District of California.