Welcome to the BidMonitor Inc. ("BidMonitor" or "we" or "us") Web site at http://www.BidMonitor.com (the "Web site").
General Terms on Content, Services, Specifications and Accuracy of Information:
The BidMonitor Team attempts to ensure that information on this Web site is complete, accurate and current. Despite our efforts, the information on this Web site may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or relevancy of any information on this Web site.
All features, content, specifications, products, services, and prices of products and services described or depicted on this Web site are subject to change at any time without notice.
Certain descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products and services. The inclusion of any products or services in this Web site at a particular time does not imply or warrant that those products or services will be available at any time.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Web site by any visitor or customer. We also may require verification of information prior to the acceptance and/or processing of any order.
License and Site Access BidMonitor grants you a limited license to access and make personal use of this site and not to download (other than page caching/ optimization result pages) or modify it, or any portion of it, except with express written consent of BidMonitor.
This license does not include any form of resale of this site or its contents; any downloading or copying of account information for the benefit of other merchants or BidMonitor competitors; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site (except for the marketing optimization service data or tools ) may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the expressed written consent of BidMonitor.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BidMonitor and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing BidMonitor's name or unauthorized use terminates the permission or license granted by BidMonitor. You are granted a limited, revocable, nonexclusive right to create a hyperlink to the website of BidMonitor so long as the link does not portray BidMonitor and its product or services in a false, misleading, derogatory, or other offensive matter.
You may not use any BidMonitor logo or other proprietary graphic or trademark as part of the link without express written permission.
Any unauthorized use of any materials contained on the Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Termination or Suspension of Access
We may suspend or terminate your account or your use of this Web site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web site at any time without notice.
Links to Other Sites
The Web site may contain links or have references to Web sites controlled by parties other than BidMonitor. BidMonitor is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party Web sites. BidMonitor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BidMonitor of the linked Web site and/or the content and materials found at the linked Web site, except as specifically stated otherwise by BidMonitor.
It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Except where expressly provided otherwise by BidMonitor, all comments, feedback, information and data submitted to BIDMONITOR through, in association with or in regard to the Web site and/or any other BIDMONITOR goods or services ("Submissions") shall be considered non-confidential and BIDMONITOR's property.
BIDMONITOR shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not BIDMONITOR, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
License from Site User
Billing and Payment
To the extent you purchase any goods and/or services from BidMonitor, you agree to pay for all goods and services ordered from BidMonitor and/or its third party providers except as set forth in a writing signed by an authorized representative of BidMonitor.
You will provide BidMonitor with valid and updated credit card or approved purchase order information and with complete and accurate billing and contact information. If you provide credit card or other authorized payment method information to BidMonitor, you authorize BidMonitor, or a credit card processor of its choosing to bill such credit card or to make such charges as applicable. BidMonitor, in its sole and absolute discretion, permits you to make payment using a method other than a credit card, such as PayPal, bank transfer, etc.
Representation and Warranties
Each party represents and warrants that it has the power and authority to enter into this Agreement. BidMonitor warrants that it will provide the Web site and all goods and services in a manner consistent with its business practices, as BidMonitor, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement their behalf.
Disclaimer of Warranties
THIS SITE IS PROVIDED BY BIDMONITOR ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIDMONITOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
BIDMONITOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIDMONITOR DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM BIDMONITOR ARE FREE OF VIRUSES OR FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You shall defend and indemnify BidMonitor and its third party providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against BidMonitor or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you.
BidMonitor shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Web site and/or the goods, services or Materials associated with the Web site other than in accordance with this Agreement; (b) the combination of the Web site and/or the goods, services or Materials associated with the Web site with any other products, services, or materials; or (c) any third party products, services, or materials.
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Web site, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which BidMonitor controls and operates the Web site and services associated therewith.
BidMonitor may give notice by means of a general notice on the Web site; electronic mail to your e-mail address on record in BidMonitor's account information, or by written communication sent by first class mail or pre-paid post to your address on record.