These Terms of Use ("Terms") govern your use of netbid.ai, including its content, services and advertising (together, the "Website"). The Website is owned and operated by NetBid, a company based in the United States ("NetBid," "we," "us" or "our"). These Terms describe your relationship with us, including limits on how you may use the Website and on our liability if something goes wrong. They also explain how disputes between us will be resolved through binding arbitration, and that you give up the right to take part in a class action.
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE WEBSITE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES THROUGH THE WEBSITE IF (A) YOU DO NOT ACCEPT THESE TERMS, (B) YOU ARE YOUNGER THAN THE LATER OF 18 YEARS OF AGE OR THE AGE AT WHICH YOU CAN FORM A BINDING CONTRACT WHERE YOU LIVE, OR (C) APPLICABLE LAW PROHIBITS YOU FROM ACCESSING OR USING THE WEBSITE OR ANY OF ITS CONTENT, GOODS OR SERVICES.
1. Privacy Policy
Our Privacy Policy explains how we collect, store and use data. It forms part of these Terms, and we encourage you to read it.
2. Changes to the Website
You understand and agree that we may change or discontinue any part of the Website, including any content or sponsored content, at any time and at our sole discretion, without notice. Any such change is subject to these Terms.
3. Intellectual property
All text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork, software code and other material published on the Website (together, "Content") is protected by intellectual property laws and is owned by or licensed to NetBid or its licensors. You may not modify, copy, display, distribute, create derivative works from or otherwise exploit any Content or software on the Website, in whole or in part, without our prior written permission. You may not use any automated or manual device or process to copy, monitor, index or data-mine the Website.
The NetBid name and logo, and the graphics, layout and trade dress of the Website, are registered or unregistered trademarks, service marks or trade dress of NetBid and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names and company names or logos mentioned on the Website belong to their respective owners. Nothing in these Terms grants you any license or right in any of our proprietary rights relating to products offered on or through the Website.
4. Your license to use the Website
We give you a limited license to use the Content on the Website for your own personal purposes. This license does not include (a) reselling or making any commercial use of the Content; (b) collecting or using any product listings or descriptions; or (c) using data mining, robots or similar tools to gather or extract data from the Website.
5. Restrictions on use
Without limiting any other part of these Terms, you agree that you will not:
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works from, publicly display, sell, rent, license or otherwise commercially exploit any part of the Website or its Content;
- remove any copyright, trademark or other proprietary notice from the Website;
- use any robot, spider, search application or other device to retrieve or index any part of the Website;
- upload or transmit any software or code containing a virus, worm, defect, Trojan horse, software bomb or anything else designed to damage or impair the Website or any computer used to access it;
- use the Website, intentionally or not, in breach of any applicable local, state, national or international law; or
- collect or store personal or non-personal data about other people in connection with the Website.
6. Copyright complaints (DMCA)
If you believe that material on the Website infringes your copyright, please send a written notice to our designated copyright agent. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), your notice must include:
- a description of the copyrighted work you believe has been infringed;
- a description of where the material you believe is infringing is located on the Website;
- your name, address, telephone number and email address;
- a statement that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf; and
- a physical or electronic signature of the person authorized to act on behalf of the copyright owner.
Notices should be sent to our copyright agent at support@netbid.ai with the subject line "DMCA Notice."
7. Disclaimer of warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, AND OF ANY CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS OR OTHER MATERIALS ON OR DESCRIBED ON THE WEBSITE, IS AT YOUR SOLE RISK, AND THAT ALL OF IT IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT THE AVAILABILITY, OPERATION OR USE OF THE WEBSITE OR ANY CONTENT, SERVICES, PRODUCTS, INFORMATION OR MATERIALS ON OR DESCRIBED ON IT, AND WE DISCLAIM ALL SUCH WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE. WE DO NOT WARRANT THAT INFORMATION AVAILABLE THROUGH THE WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR ANY CONSEQUENCES OF USING, RELYING ON OR BEING UNABLE TO USE ANY PART OF THE WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR OUR CUSTOMER SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NETBID NOR ITS AFFILIATES, NOR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION OR LOSS OF DATA, ARISING FROM THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE WEBSITE, INCLUDING ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, INFORMATION OR MATERIALS ON OR DESCRIBED ON IT. THIS INCLUDES DAMAGES OF ANY KIND RELATING TO THE DISCLOSURE OR MISUSE OF YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE, AND WHATEVER THE LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE. IN EVERY CASE, OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND IT IS A BARGAINED-FOR AND AGREED PART OF THESE TERMS.
9. Advertisements and third-party links
We may show advertisements from third parties on the Website, including sponsored articles, banners, links, pop-ups and pop-unders. We are not responsible for the content of these advertisements or links, or for any products, services or other materials related to them or found on any linked website. We are paid only for displaying the advertisement. Its display does not mean that we endorse the advertiser, its products or services, or its website. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS, INCLUDING COMPENSATORY OR PUNITIVE DAMAGES, ARISING FROM OR RELATING TO SUCH ADVERTISEMENTS, LINKS OR WEBSITES.
10. Binding arbitration and class action waiver
10.1 ANY DISPUTE BETWEEN YOU AND US THAT RELATES IN ANY WAY TO THE WEBSITE OR TO PRODUCTS ADVERTISED ON IT (INCLUDING ORDERS PLACED THROUGH ADVERTISING ON THE WEBSITE, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAILS WE SEND YOU, OR THE COLLECTION OR USE OF INFORMATION ABOUT YOU IN CONNECTION WITH THE WEBSITE), TO THESE TERMS, OR TO YOUR STATUS AS A USER WILL BE RESOLVED BY CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT WHERE YOU LIVE, EXCEPT WHERE YOU HAVE IN ANY WAY VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS.
10.2 Before starting arbitration, you must send us a written Notice of Dispute ("Notice") by email to support@netbid.ai, with the subject line "Notice of Dispute" and addressed to the attention of Legal Counsel. The Notice must describe the nature and basis of the claim or dispute and the specific relief you are seeking. If we cannot resolve the claim within thirty (30) days after receiving the Notice, either of us may begin arbitration.
10.3 Arbitration under these Terms will be conducted under the rules of the American Arbitration Association ("AAA"). The arbitrator's award is binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under these Terms may be joined with an arbitration involving any other party subject to these Terms, whether through class arbitration or otherwise. Unless you and we agree otherwise, the arbitrator may not consolidate your claim with anyone else's, and may not preside over any form of representative, private attorney general or class proceeding.
10.4 If you start arbitration in accordance with these Terms, we will reimburse your arbitration filing fee at your request, unless your claim is for more than $10,000, in which case the AAA Rules will decide how fees are paid. Requests for payment of fees should be sent by mail to the AAA together with your Demand for Arbitration, and we will arrange to pay the necessary fees directly to the AAA. If the arbitrator finds that your claims are frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), you agree to reimburse us for all fees we paid on your behalf that you would otherwise have owed under the AAA Rules.
If your claim is for $10,000 or less, you may choose whether the arbitration is conducted only on documents submitted to the arbitrator, by a non-appearance telephone hearing, or by an in-person hearing as provided by the AAA Rules. Any in-person hearing will take place at a location we agree on. However the arbitration is conducted, the arbitrator will issue a reasoned written decision explaining the essential findings and conclusions behind the decision and any award. The arbitrator may rule on and resolve disputes about payment and reimbursement of fees or expenses at any time during the proceeding, and on the request of either party made within 14 days of the arbitrator's ruling on the merits.
10.5 TO THE EXTENT PERMITTED BY LAW, YOU AGREE NOT TO ACT AS A CLASS REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND NOT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION AGAINST US RELATING IN ANY WAY TO US OR THE WEBSITE, INCLUDING ORDERS MADE THROUGH THE WEBSITE, OUR ADVERTISEMENTS AND DISCLOSURES, EMAILS, THE COLLECTION OR USE OF INFORMATION ABOUT YOU IN CONNECTION WITH THE WEBSITE, THESE TERMS, OR YOUR STATUS AS A PURCHASER OF PRODUCTS OR SERVICES. THIS SECTION 10 SURVIVES THE END OF YOUR RELATIONSHIP WITH US.
11. Governing law
By using the Website, you agree that these Terms, and any dispute of any kind between you and us, are governed by the laws of the United States and of the state in which NetBid is organized, without regard to conflict-of-law principles.
12. General
These Terms do not create any agency, partnership, joint venture or employment relationship between you and us. They are the entire agreement between you and us about the Website. If we do not exercise or enforce any right or provision of these Terms, that does not waive the right or provision. If any provision is found to be invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the rest of these Terms will remain in full force and effect. You may not assign, transfer or sublicense these Terms without our prior written consent. Headings are for convenience only and have no legal or contractual effect. These Terms incorporate by reference the Privacy Policy posted on the Website.
13. Contact
Questions about these Terms can be sent to support@netbid.ai.