TERMS OF SERVICE
Revised: April 7, 2021
1. ACCEPTANCE OF TERMS
BidBid™ App, Inc. (“BidBid™ App”) provides technology-enabled networking services offering branded as BidBid™ App, including the website at https://bidbid.app, any Mobile Apps (as defined below), and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Services). Your access to and use of the Services is subject to and governed by the terms and conditions in this Terms of Service (“TOS”). BidBid™ App may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by BidBid™ App.
PLEASE REVIEW THIS TOS CAREFULLY. THIS TOS PROHIBITS USE FROM USE OF THE SERVICES FOR ANY UNLAWFUL PURPOSE, INCLUDING ESCORTING, PROSTITUTION AND HUMAN TRAFFICKING. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.
THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, YOUR REGISTERING FOR AN ACCOUNT OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 15 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
2. ACCOUNT REGISTRATION; RIGHTS
- Registering for an Account. Before you can use the Services, you can will need to register and create an account (“Account”). You can create an account by using (i) your social media account (including without limitation Facebook, Apple or Google), (ii) your phone number, or by manually registering. If you create an Account, you may save your credit or debit card and other personal information to make future networking bids (“Bids”) faster and easier. You may not make Bids without creating an Account. In order to use the Mobile App, you must download the app to your mobile device and create an Account.
- When you create an Account, we will ask you for certain personal information such as your first and last name, username, telephone number, gender identity, date of birth, sexual preference, photographs, family status, credit card (or login information for other payment account methods such as PayPal or Venmo), employer, job title, school(s) attended, interests, and IP, postal, and email addresses. Information on how we collect, use, disclose, store, share, and process the personal information you provide to us can be found in Section 3 below. You agree to provide true, accurate current and complete information for your account registration, and you agree not to misrepresent your identity or your payment method information. It is your responsibility to keep the information you provide us up-to-date and accurate.
- BidBid™ App may, in its sole discretion, terminate or refuse to approve registrations for Accounts with or without cause or notice, other than any notice required by law.
- Only you have the right to access and use your Account. BidBid™ App cannot allow you to use another person’s Account or to share your Account with any other person. You are responsible for ensuring that your login information and payment method information remain confidential at all times. BidBid™ App will assume that if your login or payment method are used to access the Services, the user has the legal authority to use such login or payment method. If you become aware of unauthorized use of your login or payment method, you agree to notify BidBid™ App immediately by email at email@example.com. You remain liable for any activity on your Account until such time as BidBid™ App has been notified and has had an opportunity to take appropriate action.
- Once you have created your Account, you will be able to make Bids for networking meetings with other users of the Service through the Mobile App. You can make changes to your Account information within the Mobile App. You will also be able to view your recent Bids and transaction history by logging in to your Account. You acknowledge and agree that all aspects of Bids beyond the services that BidBid™ App provides, as well as all engagement and interactions between the other users of the Services and you, are solely the responsibility of the other Service users and you.
- You may close your Account at any time and without cost, but you will remain liable for any outstanding Bids as well as any fees or other charges incurred. BidBid™ App will not issue refunds for amounts previously incurred through our Services once you close your Account. You can close your account by emailing firstname.lastname@example.org. In certain cases, we may not allow you to close your Account, including without limitation, (a) to evade an investigation; (b) you have open or pending Bid or payment transactions; or (c) if you owe money to BidBid™ App due to your use of the Services.
- Grant. Subject to and conditioned on your compliance with this TOS, BidBid™ App hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services only for your personal, non-commercial use for networking. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by BidBid™ App.
- Mobile Apps. BidBid™ App may make available mobile software applications for access to and use of certain components of the Services (collectively, “Mobile Apps”) and that enables you to make Bids. Your access to and use of Mobile Apps is subject to and governed by this TOS. If any Mobile App is downloaded by you from the iTunes App Store (each, an “iOS Mobile App”), Google Play Store (each, an “Android Mobile App”) or other app store provider, your use of such iOS Mobile App, Android Mobile App or other app, as applicable, is further subject to your compliance in all material respects with the terms and conditions of (i) the Usage Rules set forth in the iTunes App Store Terms of Service, (ii) Google Play Store Terms of Service or (iii) other app store provider’s terms of service, as applicable. This TOS is between you and BidBid™ App only, and not with Apple Inc. (“Apple”), Google LLC (“Google”) or any other app store provider, and Apple, Google or such other app store provider is not responsible for iOS Mobile Apps, Android Mobile Apps or such other Mobile Apps, as applicable, and the contents thereof; however, Apple and Apple’s subsidiaries, Google and Google’s subsidiaries or such other app store provider and its subsidiaries are third-party beneficiaries of this TOS with respect to iOS Mobile Apps, Android Mobile Apps or Mobile Apps, as applicable. To use the Mobile App, you must have a mobile device that is compatible with the Mobile App. BidBid™ App does not warrant that the Mobile App will be compatible with your mobile device. You may use mobile data in connection with the Mobile App and incur additional charges from your wireless provider for these services. You agree that you are solely responsible for such charges.
- Trademarks. You may not use the BidBid™ App or BidBid™ names, brands, trademarks, service marks and logos that BidBid™ App makes available on the Services (“Marks”). BidBid™ App claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with BidBid™ App. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to BidBid™ App’s benefit.
4. CONTENT; PROPRIETARY RIGHTS
- The Services allow you to post, link, store, share and otherwise make available certain information including without limitation text, graphics, videos, or other material. You will also be able to access content that other users of the Service provide. You are responsible for the content that you post on or through the Service, including its legality, reliability, and appropriateness. The content you post on or through the Service will be immediately visible by other users of the Service. You grant BidBid™ and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services. You acknowledge and agree that the technical processing and transmission of data associated with the Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.
- The Services provided to you hereunder or available to you through the Services are licensed, not sold, and BidBid™ App retains and reserves all rights not expressly granted in this TOS. You acknowledge and agree that, as between you and BidBid™ App, BidBid™ App and its licensors owns all rights, title and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. BidBid™ App reserves all rights not expressly granted to you in this TOS.
- By using the Services, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from BidBid™ App with respect to such actions or omissions.
5. USER CONDUCT AND RESTRICTIONS
- In your use of the Services, you will not:
- use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under this TOS;
- reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services;
- interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;
- provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device;
- access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services;
- violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
- remove or obscure any proprietary notice that appears within the Services;
- impersonate any person or entity, including BidBid™ App personnel, or falsely state or otherwise misrepresent your affiliation with BidBid™ App, or any other entity or person;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;
- use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services;
- post or send any material that exploits people under the age of 18, or solicits personal information from anyone under the age of 18; or
- use the Services to promote, solicit or engage other users for an escort or prostitution service, or to engage or facilitate human trafficking of any kind, including past escort activities or affiliation with an escort site or service.
- You will not: upload, post, email, store, transmit, or otherwise make available any content that:
- is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, violent, libelous, invasive of another’s privacy, hateful, or otherwise objectionable (including without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
- infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
- consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
- contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
- contains infringing, libelous, or otherwise unlawful or tortious material; or
- consists of information that you know or have reason to know is false or inaccurate.
- The content that you post on or through the Service is unique, you are responsible and liable for your content and will indemnify, defend, release, and hold us harmless from any claims made in connection with your content.
- You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. BidBid™ App encourages you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
- BidBid™ App has the right, but not the obligation, to monitor and edit all content provided by users. BidBid™ App’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by BidBid™ App, and does not create a private right of action for any other party.
6. TCPA/ELECTRONIC COMMUNICATIONS (E-SIGN DISCLOSURE AND CONSENT); GEO-LOCATION BASED FEATURES
- Consent for Electronic Communications. You agree and consent to receive electronically all communications, agreements, disclosures, notices and documents (collectively “Communications”) that BidBid™ App provides in connection with your Account and the Services. BidBid™ App may at times be required to provide you with Communications in written form, which you agree to receive electronically instead of in paper form, including by sending via electronic mail to the email address you provide to us, or by posting notice or communicating with you via the Mobile App or our website. Communications include this TOS and any and all other agreements or policies to which you must agree to in order to use the Services, including updates to those agreements and policies; payment authorizations and transaction receipts or confirmations of customer service matters; and any other communication related to your use of the Services. It is your responsibility to keep your email address accurate and up to date so that BidBid™ App can communicate with you. You can update the email address associated with your Account by logging in and accessing the “Profile” section within the Mobile App or any online ordering page.All Communications sent in electronic format will be considered to be in “writing and are considered received by you upon posting through our website or Mobile App, or sending such Communications to you via electronic email or SMS, regardless of whether you have accessed that Communication.
- Consent to Contact Mobile Number. By voluntarily providing your mobile phone number to BidBid™ App, you represent you are authorized to provide that number to BidBid™ App and agree that BidBid™ App may contact you at that number. If you provide a mobile number, you expressly agree that BidBid™ App may contact you using automated telephone call, and SMS or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, informational, and operational purposes. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
- Revocation of Consent. Your consent to receive electronic Communications is valid until and unless you revoke it. You may revoke your consent at any time, however, consent to electronic Communications is a condition of some of our Services, and if you revoke it you will no longer be permitted to use the Services. If you wish to revoke your consent for electronic Communications, please contact email@example.com.
- Geo-Location Based Features. The Services and/or Mobile App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the Mobile App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the Mobile App to access your location data, you will not be able to access such location-specific content, products, services and materials. More Section 3 above describes more about how the Mobile App collect, use, disclose, store, share, and process the personal information.
7. BIDS; FEES
- Bidding Conditions. When submitting a Bid to network with another user of the Service, you agree that: (i) you are responsible for reading the full user profile before making a Bid and committing to paying for the amount you submit with your Bid; and (ii) you enter into a legally binding contract to pay for the Bid when you submit a Bid, your Bid offer is accepted or if you have the winning Bid (or your Bid is otherwise accepted).
- Refunds. At our discretion, a refund may be issued.
- User Profiles; Content. BidBid™ App does not control or monitor what other users say or post. Thus, you are solely responsible for your interaction with other users of the Service. You acknowledge that users of the Services are required by this TOS to provide accurate information, and BIDBID™ APP DOES NOT UNDERTAKE ADDITIONAL CHECKS AND PROCESSES DESIGNED TO HELP VERIFY OR CHECK THE IDENTITIES OR BACKGROUNDS OF USERS, WE DO NOT MAKE ANY REPRESENTATIONS ABOUT, CONFIRM, OR ENDORSE ANY USER OR THEIR PURPORTED IDENTITY OR BACKGROUND. BIDBID™ APP RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS CRIMINAL BACKGROUND OR SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release BidBid™ App and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “BidBid™ App Parties”) from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by BidBid™ App Parties or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
- Payment. You shall pay all agreed upon fees for any Bid made through the Services as set forth on the Bid confirmation page (“Fees”) in accordance with terms set forth herein and any additional terms set forth on the Services. You hereby authorize BidBid™ App to charge your credit card (or other payment method such as PayPal or Venmo) on file or linked to your Account, which will be processed by a third-party processor, for all Fees that have become due and payable. If payment is not received by us from your chosen payment method, you agree to promptly pay all amounts due upon demand by us. As to each winning Bid, BidBid™ App will keep ten percent (10%) of such winning Bid as payment for the Services provided (the “BidBid™ App Fee”) and make a donation of one percent (1%) of such winning Bid to a charity of the winning bidder’s choice. By way of example and for illustration purposes only, if the winning Bid was $1,000, BidBid™ App would retain $100 of the winning Bid as the BidBid™ App Fee and make a charitable contribution of $10 to a charity of the winning bidder’s choice and the remaining $900 would be paid to the other user of the Services who was the Biddee.
- Taxes. Unless otherwise noted, winning Bids are subject to state and local sales tax in accordance with applicable laws. BidBid™ App may not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your Bid is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers and/or bidders to file a sales/use tax return at the end of the year reporting all of the taxable purchases and/or Bids that were not taxed and to pay tax on those purchases and/or Bids. Details of how to file these returns may be found at the websites of your respective taxing authorities. The sales tax indicated on the checkout page is an estimate. The sales tax ultimately charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable state and local taxes.
If you elect to provide or make available to BidBid™ App any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), BidBid™ App shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
9. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
You shall indemnify and hold the BidBid™ App Parties harmless from and against all claims, demands, losses, damages, rights, expenses (including reasonable attorneys fees) and actions of any kind, including personal injuries, death and property damage, to extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to BidBid™ App; (b) your violation of this TOS, any law or regulation, or any rights (including intellectual property rights) of another party; (c) you negligent acts, omissions or willful misconduct; or (d) your access to or use of the Services, except as expressly permitted in this TOS.
11. DISCLAIMER OF WARRANTIES
- YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONENT (FROM BIDBID™ APP OR ANY OTHER USER IS AT YOUR SOLE RISK. THE SERVICES AND ANY CONTENT (FROM BIDBID™ APP OR ANY OTHER USER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIDBID™ APP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- BIDBID™ APP PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES OR ANY CONTENT (FROM BIDBID™ APP OR ANY OTHER USER) WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES OR ANY CONTENT (FROM BIDBID™ APP OR ANY OTHER USER) WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT (FROM BIDBID™ APP OR ANY OTHER USER) WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE. BIDBID™ APP PARTIES IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. BIDBID™ APP PARTIES DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS.
- ALL CONTENT (FROM BIDBID™ APP OR ANY OTHER USER) MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT (FROM BIDBID™ APP OR ANY OTHER USER) BEFORE TAKING OR OMITTING ANY ACTION.
- THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
12. LIMITATION OF LIABILITY
- BIDBID™ APP PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF BIDBID™ APP PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL BIDBID™ APP PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
- THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. SUSPENSION AND TERMINATION
- Either party may terminate this TOS at any time. If you wish to terminate this TOS, send an notice to BidBid™ App at firstname.lastname@example.org and close your Account.
- If you violate this TOS, BidBid™ App may, with or without notice to you, immediately suspend or terminate your access and use of the Services. Termination of this TOS or your Account include the removal of your access to your Account, including without limitation, all content and other information associated with your Account, and access to or use of the Services.
- BidBid™ App reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and BidBid™ App shall not be liable to you or any third party for any such modification or discontinuance;
- Upon termination of this TOS for any reason: (i) BidBid™ App, in its sole discretion, may remove and discard your content and information; (ii) you will immediately cease your access to and use of the Services and your Account; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination. Further, you agree that that BidBid™ App shall not be liable to you or any third party for any termination of your Account or access to the Services.
14. GOVERNING LAW
This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.
15. BINDING ARBITRATION AND CLASS ACTION WAIVER
- ALL CLAIMS ARISING IN CONNECTION WITH THIS TOS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
- The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
- WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
- Notwithstanding anything to the contrary, you and BidBid™ App may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 15.
- If BidBid™ App implements any material change to this Section 15, such change shall not apply to any Claim for which you provided written notice to BidBid App before the implementation of the change.
16. LEGAL COMPLIANCE
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where the Services are accessed or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
17. U.S. GOVERNMENT ENTITIES
This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
18. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide BidBid™ App’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact BidBid App’s Agent for Notice of Copyright Claims. BidBid App’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
BidBid™ App, Inc.
815-A Brazos Street #673
Austin, TX 78701
19. CALIFORNIA USERS & RESIDENTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
20. GENERAL PROVISIONS