General Terms and Conditions
Last Updated: September, 2019
1. Acceptance of Terms
BY USING THE CLICKBID WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE WEBSITE TERMS AND CONDITIONS AS WELL AS ANY OTHER TERMS AND CONDITIONS OF USE POSTED BY CLICKBID ON THE CLICKBID WEBSITE. IF YOU DO NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS, YOU MAY NOT USE THE CLICKBID WEBSITE.
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“ClickBid”, “Company,” “we,” “us,” and “our” refer to ClickBid, LLC.
“Terms and Conditions” means these ClickBid Website Terms and Conditions.
“you,” “your,” or “yours” refer to any other person or entity that accesses or uses the ClickBid Website.
3. Accuracy and Completeness of Information
While ClickBid strives to ensure that the information contained on the ClickBid Website is accurate and reliable, ClickBid makes no warranties as to the accuracy, correctness or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of the ClickBid Website. ClickBid reserves the right to revise the information contained on the ClickBid Website at any time, in its sole discretion without any obligation to notify past, current or prospective visitors.
4. Use of the ClickBid Website
ClickBid grants you a non-exclusive, revocable and personal right to utilize the ClickBid Website in accordance with the ClickBid Acceptable Use Policy. You may download and copy certain content that appears on the ClickBid Website for use in connection with a Customer Event only, provided any copyright, trademark or other proprietary notices are not removed or modified. You expressly agree that no right, title or interest in any downloaded materials is transferred to either as a result of such downloading or copying. There are inherent dangers in downloading materials and information from the Internet, and ClickBid cautions you to make sure that you completely understand the potential risks before downloading any such content. You are solely responsible for the adequate protection and backup of the data and equipment used in connection with any information downloaded from the ClickBid Website, and ClickBid will not be liable for any damages suffered as a result of any such download. Subject to these Terms and Conditions and all applicable laws, you may use the ClickBid Website for lawful purposes only, and only in the manner purposefully made available by the Website and in accordance with these Terms and Conditions and all applicable laws. Use of the ClickBid Website for any other purpose or in any other manner is strictly prohibited. You are solely responsible and liable for ensuring that your access to and use of the ClickBid Website complies with all applicable laws.
5. Changes to the Terms and Conditions
We reserve the right to change these Terms and Conditions at any time and from time to time, without any prior notice, by posting the changed Terms and Conditions to the ClickBid Website. The changed Terms and Conditions are effective immediately upon posting on the ClickBid Website, unless the changed Terms and Conditions expressly state otherwise. It is your responsibility to regularly check the “Last Updated” date at the top of these Terms and Conditions and review any changes since the previous version. By using the ClickBid Website after these Terms and Conditions have been changed by ClickBid, you signify your unconditional acceptance and agreement to be bound by the changed Terms and Conditions. You may not change these Terms and Conditions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CLICKBID WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
No advice or information, whether oral or written, obtained by a user from ClickBid, shall create any warranty not expressly made herein.
If you download or copy any material from the ClickBid Website, you do so at your sole discretion and risk and you will consequently be solely responsible for any damage to your computer system, loss of data or other prejudice that results from the download or copying of any material or software.
8. Links to third parties websites
The ClickBid Website contains links to websites operated by third parties over which ClickBid has no control. When these links are activated from the ClickBid Website, they cause a new browsing window to open and the URL of the referenced website to appear on the navigation bar of your search engine. You understand and agree that ClickBid is not responsible for the content of these sites, makes no representations or warranties with respect to these linked sites, and shall not be liable for any damages or injury arising from the content of these linked sites. Your viewing and use of any third party sites is at your sole discretion and risk.
ANY ACTUAL OR ALLEGED VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. CLICKBID MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE IF ANY VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS ALLEGED BY A THIRD PARTY.
9. ClickBid’s Services
ClickBid Services other than the ClickBid Website, including the ClickBid Platform and the ClickBid App, may only be accessed and used by Customers pursuant to a separate agreement. If you have accessed ClickBid Services without entering into a separate agreement, you shall immediately cease using such services or delete any copy of same from your computer or server until such time as you become an authorized user of such services.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLICKBID BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS, EXTRACONTRACTUAL ACTION, ARISING OUT OF OR IN CONNECTION WITH THE: (I) USE OF THE INFORMATION CONTAINED ON THE CLICKBID WEBSITE; (II) USE OF CONTENT OR SOFTWARE DOWNLOADED OR LINKED TO FROM THE CLICKBID WEBSITE; OR (III) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THE CLICKBID WEBSITE, EVEN IF CLICKBID HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE CLICKBID WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST CLICKBID, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
CLICKBID’S OBLIGATIONS ARE FURTHER LIMITED AS SET FORTH IN THE TERMS AND CONDITIONS.
You agree to defend, indemnify and hold ClickBid and each of its directors, officers, managers, employees, agents, shareholders, licensors, successors, assigns, Customers and End Users harmless from and against any and all third party claims, damages, costs and expenses, including reasonable legal fees, arising from or related to your use of the ClickBid Website.
12. Copyright Notice
Unless otherwise noted, the graphic images, buttons and text contained in the ClickBid Website are the exclusive property of ClickBid and are Copyright 2013 ClickBid, LLC. all rights reserved. Except for your personal use as permitted herein, these items may not be copied, displayed, transmitted or reproduced in any form without the express written permission of ClickBid.
13. Submissions, Suggestions & Community Participation
In the event you elect to communicate to us suggestions for improvements to the ClickBid Website or any of the ClickBid Services or ClickBid Properties (collectively, “Feedback”), we shall own all right, title, and interest in and to same, even if you have designated the Feedback as confidential. ClickBid shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to ClickBid via comments, forums, emails and the like (collectively, “Communications”) shall be considered the property of ClickBid. You hereby irrevocably assign ClickBid a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, adapt, modify, publish, publicly display and distribute the Feedback and Communications and you hereby irrevocably waive any moral rights therein. You further agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications. You confirm and warrant to ClickBid that you have all the rights, power and authority necessary to grant the above license.
14. Trademark Notice
14. ClickBid and the ClickBid logo are trademarks of ClickBid, LLC.
14.2 Other company, product, and service names mentioned in these documents or on the ClickBid Website may be registered or unregistered trademarks , service marks or trade names of others. Any use of the trademarks, service marks or trade names displayed in these documents or on the ClickBid Website is strictly prohibited, and nothing appearing in these documents or on the ClickBid Website will be construed as granting any license or right to use any of those trademarks, service marks or trade names.
The ClickBid Website may contain technologies that restrict or limit the use of the ClickBid Website. ClickBid may, in its sole discretion, change, suspend or terminate the ClickBid Website, or limit, suspend or terminate your access or use of the ClickBid Website, effective immediately at any time and without any notice or liability to you or any other person. The ClickBid Website may be interrupted or unavailable from time to time, including for maintenance, due to causes beyond the control of ClickBid or for any other reason, all without any notice or liability to you or any other person.
If your permission to access or use the ClickBid Website is terminated for any reason, these Terms and Conditions will continue to apply and be binding regarding your access to and use of the ClickBid Website before termination and all related matters (including any related dispute).
16. Governing Law
These Terms and Conditions is governed by the substantive laws of the State of Michigan, exclusive of its rules governing conflict of laws. These Terms and Conditions is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
These Terms and Conditions are binding on you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. These Terms and Conditions are for the benefit of ClickBid. No consent or waiver to or of any breach by you of these Terms and Conditions will be effective unless in writing and signed by ClickBid or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of ClickBid under these Terms and Conditions are cumulative and not exhaustive or exclusive of any other rights or remedies to which ClickBid may be lawfully entitled under these Terms and Conditions or at law, and ClickBid may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms and Conditions or any of your rights and obligations under these Terms and Conditions without the express prior written consent of ClickBid, which consent may be withheld at ClickBid’s discretion. ClickBid may, without your consent, assign its rights and obligations under these Terms and Conditions. If any provision of these Terms and Conditions is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed and the remaining provisions will continue in full force and effect, unless as a result of the severance these Terms and Conditions would fail in its essential purpose.
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