THESE TERMS AND CONDITIONS shall constitute an agreement (the “Agreement”) between you (“Advertiser”) and Bid for Materials for placing advertisements on the Bidformaterials.com website (the “website”)
TERM: Advertiser’s advertisement (the "Advertisement"), shall run for a period of one (1) year (the "Term”). Thirty days (30) days prior to the end of the term, Bid For Materials will notify Advertiser that the Term will expire and that Advertiser may opt out of renewing. If Advertiser do not provide written notification to the contrary, the Term shall automatically renew for an additional one (1) year periods.
CONTENT: Advertiser shall be liable for all content in the Advertisement. Advertiser shall review all content of the Advertisement prior to publication and will be responsible for any errors and/or omissions. Bid for Materials will attempt to correct any errors and omissions in a reasonably practicable time. Advertiser agrees that Bid for Materials shall have no liability (contingent or otherwise) for the accuracy, truthfulness, completeness or timeliness of the content of the Advertisement (the "Content") or for any decision made, or action taken, by third-parties in reliance upon the Content of Advertiser's Advertisement.
FEE: Advertiser shall pay the sum for the advertisement as agreed to on the website (the “Fee”), payable in full upon your placing the Advertisement. All payments must be by credit card. WARRANTIES: Advertiser represents and warrants that (a) any and all material submitted to Bid for Materials shall not violate the rights of any third party, including but not limited to any intellectual property rights, and (b) Advertiser has obtained all licenses, consents and agreements necessary to include any materials in the Content. Advertiser further warrants that Advertiser has the right to enter this agreement and that doing so shall not violate the rights of any third party. Advertiser will hold Bid for Materials harmless from and fully indemnify Bid for Materials against any and all costs, claims, demands, proceedings, or damages arising out of any breach of the warranties, representations and undertakings contained in this Agreement. Advertiser affirms that Advertiser is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
FORCE MAJEURE: If, because of an act of God, inevitable accident, fire, lockout, strike or other labor dispute, riot or civil commotion, act of public enemy, flood or other catastrophe, or due to any governmental law, order or regulation, failure of technical facilities, illness or incapacity of any performer or producer, or other causes not reasonably within Bid for Materials' control (the "force majeure"), it is impossible for Bid for Materials to meet its obligations as set forth in these Terms and Conditions, then, without limiting its rights, Bid for Materials shall have the option, upon written notice to Advertiser, of suspending its obligations under these Terms and Conditions for the duration of any force majeure. Suspension due to force majeure will not constitute a default of this Agreement, and each of the contractual provisions will continue with full force and effect.
TERMINATION: Bid for Materials may terminate this agreement at
CURE: If either party hereto alleges that the other has breached these Terms and Conditions, they must notify the other party in writing of such breach and then the other party shall have a period of thirty (30) days to cure such breach.
GENERAL: Advertiser agrees that: (i) the Bid For Materials Website shall be deemed solely based in New York; and (ii) the Bid For Materials Website shall be deemed a passive website that does not give rise to personal jurisdiction over Bid For Materials, either specific or general, in jurisdictions other than New York. These Terms and Conditions shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between Advertiser and Bid For Materials that arises in whole or in part from the Bid For Materials Website shall be decided exclusively by a court of competent jurisdiction located in Suffolk County, New York. These Terms and Conditions shall constitute the entire agreement between Advertiser and Bid For Materials concerning the Bid For Materials Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Bid For Materials's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Bid For Materials reserves the right to amend these Terms and Conditions at any time and without notice, and it is Advertiser’s responsibility to review these Terms and Conditions for any changes. Advertiser’s use of the Bid For Materials Website following any amendment of these Terms and Conditions will signify Advertiser’s assent to and acceptance of its revised terms. ADVERTISER AND BID FOR MATERIALS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BID FOR MATERIALS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.