This agreement ("Agreement") is entered into by H2bid, Inc. (“H2bid”) and you as a user of the website ("You"), and You acknowledge and agree that the following terms and conditions, including the Privacy Policy posted on this website, shall govern your use of each and every page of this website and the provision of both free and subscription-only information to you by or through the website (the "Service"). H2bid reserves the right to revise this Agreement and/or the contents of this website at any time for any reason without notice. You further acknowledge and agree that You will be bound by any such revisions to the Agreement. For this reason, H2bid encourages You to periodically visit the website and review the terms and conditions of this Agreement.
H2bid reserves all rights afforded by the laws of the applicable state law, and of the United States, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of the H2bid website.
Fees and Charges - Subscription
H2bid accepts payment for the Service by PayPal/credit/debit card or check. If You use a debit or credit card, You must use a current, valid credit/debit card as requested. If You subscribe (purchase an annual “Premium Membership” or a trial “Premium Membership”), your PayPal account/credit/debit card will be charged for the subscription cost. Cancellation of the Service during the subscription period is non-refundable.
Termination of Subscription
You may terminate your subscription to the Service at any time by notifying H2bid by email. H2bid will contact You at the email address You indicate during registration to confirm your desire to terminate. Once confirmed by you, H2bid will provide an e-mail confirmation of your cancellation to the email address You designated when subscribing to the Service. If You undertake any action or omission in breach or contravention of this Agreement, H2bid may immediately and without notice take steps to enforce its rights under this Agreement, including deactivating and/or cancelling your account, and terminating this Agreement with You.
Digital Millennium Copyright Act
If You believe that information or content contained of this website infringes on your copyright, please notify us at info@h2bid.com.
No Confidentiality or Use Limitations for Submitted Information
You acknowledge and agree that any communication or material You transmit to this website, in any manner and for any reason, will not be treated as confidential or proprietary information and that any communications, or other materials You transmit to this website may be used by H2bid for any reason whatsoever at any time without notice to You. You further acknowledge and agree that if H2bid decides, in its sole discretion, to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to You.
Privacy of Email Addresses / Demographic Information
H2bid will not sell the email list information that is compiled from submissions to this site to be used for commercial purposes. H2bid will occasionally send You periodic newsletters which may be of interest to You concerning upcoming events. Any demographic information provided by or about You in response to a request or inquiry to H2bid shall not be attributed to the individual providing it on this site. However, we will comply with all proper court orders and other legal requests submitted by or on behalf of proper legal authorities. Our use and sharing of your personal information (including your email address) will be governed by H2bid’s Privacy Policy.
Secure Server Pages / Online Application Pages
Some of the pages requiring information may be certified as Secure Sockets Layer (SSL) pages. H2bid appreciates the importance of providing a secure environment on its website for the purpose of providing credit/debit card information to process orders and applications, and will take all reasonable and customary steps to protect the information You provide. Please use all means to protect your personal information, particularly if you are using a shared computer. Certain payments may be made via PayPal; you acknowledge that H2bid has no control over the security or reliability of the PayPal service and You will not seek to hold H2bid accountable for any losses caused by your use of PayPal to make payment to H2bid.
Limitations on Use
Purchase of an annual or trial Premium Membership will permit a single user to use the Service. Use of the Service shall be limited to the person whose name is given during the registration process. Any additional users must purchase a separate trial or annual Premium Membership.
Use of this Site at Own Risk
You acknowledge and agree that your use of the website and of the Service is at your own risk and that neither H2bid nor any other party involved in creating, producing, or delivering this website, including the content and information contained in this website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs or expenses of any kind (including attorney's fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site, inability to access the site, deactivation or cancellation of your account, or through your downloading of any materials, text, data, images, video or audio from this website, including but not limited to anything caused by any viruses, bugs, human action, or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.
No Warranty of Accuracy of Information
H2bid makes no warranty or representation regarding the accuracy or fitness for purpose of any material on this website or the reliability of the access to this website. You acknowledge and agree that H2bid cannot and does not guarantee the accuracy of the information on this website and makes no warranties or representations as to its accuracy. The material contained in this website is for information purposes only. It does not constitute advice. You should not rely on any material in this website to make, or refrain from making any decision, nor take or refrain from taking any action.
ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY H2BID ARE PROVIDED TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES SHALL H2BID BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF H2BID HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL H2BID'S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO H2BID DURING THE PREVIOUS 12-MONTH PERIOD, REGARDLESS OF THE FORM OF CLAIM. THIS LIMITATION INCLUDES ALL CLAIMS BASED ON THE USE OR INABILITY TO USE THIS SITE.
Indemnification
You agree to indemnify and hold harmless H2bid, its officers, directors, agents and employees against any asserted claims or suits made by any third party for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys' fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You or (ii) any content, data or material that you submit, post or otherwise provide to H2bid or on this website.
Unlawful Content and Behavior
You acknowledge and agree that you will not post or transmit to this website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that H2bid or other parties may be involved in creating, producing or delivering this website, may monitor or review transmissions, postings, or discussions, H2bid assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, invasion of privacy, or misrepresentation.
Advertisements and Links to Other Websites
You acknowledge and agree that although this website may contain advertisements or may be linked to other websites, H2bid neither directly nor indirectly expresses nor implies any approval, association, sponsorship, endorsement or affiliation with any advertisement or linked website, unless otherwise specifically stated in this website. H2bid has not reviewed all websites linked to this website, is not responsible for the content of any other website linked to this website, and makes no representations or warranties whatsoever as to the content or information contained in any advertisement or on any linked website. H2bid provides these links for your convenience only and does not necessarily endorse the material on these sites. Any reliance on representations in an advertising or use of a link to a website is at your own risk.
Application of Laws
You acknowledge and agree that although the information and materials on the H2bid website may be read throughout the world, this website is designed and intended for use in the United States and use of this website by You will be construed and evaluated according to the laws of the United States. If You access this website from another country, You are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where You access the website, the information is not meant for You. H2bid makes no representation that the information and materials contained in this website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or your other use of this website or the Service, the laws of the State of California shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in San Diego County, California and further agree that the state and federal courts located in San Diego County, California shall be the exclusive venue for the resolution of any dispute between H2bid and You.
Entire Agreement
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
No Waivers
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of H2bid.
Severability
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.
Disclaimer
The material contained in this website is for information purposes only. It does not constitute advice. You should not rely on any material in this website to make, or refrain from making any decision, nor take or refrain from taking any action.
H2bid, Inc. makes no warranty or representation regarding the accuracy or fitness for purpose of any material on this website or the reliability of the access to this website.
In no event will we accept liability for any description, including liability for negligence (except for personal injury or death), for any damages or losses whatsoever (including, without limitation, loss of business, revenue, profits, or consequential loss) resulting from the use of or your inability to use this website.
The pages in this website may contain technical inaccuracies and typographical errors. The information may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information up to date or liability for any failure to do so.
