BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the BidForMaterials.com domain name, the "Bid For Materials Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service"). If you do not agree to any of these terms, then please do not use the Bid For Materials Website.
These Terms of Service apply to all users of the Bid For Materials Website. The Bid For Materials Website may contain links to third party websites that are not owned or controlled by Bid For Materials. Bid For Materials has no control over, and assumes no responsibility for, the content, privacy policies, products or practices of any third party websites. In addition, Bid For Materials will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Bid For Materials from any and all liability arising from your use of any third-party website and from any and all purchases made from any third party through the Bid for Materials Website. Accordingly, we encourage you to be aware when you leave the Bid For Materials Website and to read the terms and conditions and privacy policy of every other website that you visit.
A. (i) your use of the Website
as permitted herein is solely for your personal, use;
(ii) you will comply with the terms and conditions of these Terms of
Service.
B. In order to access the Website,
you will have to create an account. By having a membership account in
Bid For Materials, you acknowledge that you meet our requirements
for membership. As a member, you may not open an alternative account
if your membership is suspended, shifted outside of Bid For Materials,
or terminated for any reason. If an account violates these conditions,
the account will be terminated immediately. You may never use another's account
without permission. When creating your account, you must provide accurate
and complete information and your participation in Bid For Materials
is based upon the assumption that all information you provide regarding
yourself is truthful and accurate. Misleading or false information is
sufficient reason for Bid For Materials to terminate your account.
You are solely responsible for the activity that occurs on your account,
and you must keep your account password secure. You must notify Bid
For Materials immediately of any breach of security or unauthorized
use of your account. Although Bid For Materials will not be liable for
your losses caused by any unauthorized use of your account, you may
be liable for the losses of Bid For Materials or others due to such
unauthorized use.
C. You agree not to use or launch
any automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses
the Website in a manner that sends more request messages to the Bid
For Materials servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line web browser.
You agree not to collect or harvest any personally identifiable information,
including account names, from the Website, nor to use the communication
systems provided by the Website for any commercial solicitation purposes.
D. You alone are responsible
for the confidentiality and security of your account’s username, password
and usage. You are also accountable for all activities regarding your
account, with or without your knowledge or permission. If you knowingly
provide your log-in information to another person, your membership may
be suspended temporarily or terminated. Bid For Materials assumes no
liability for activities of your account accessed through your password
and username.
E. Bid For Materials reserves the absolute right to cancel or suspend your Membership (at its sole discretion) for any reason whatsoever.
The content on the Bid For
Materials Website, including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks
and logos contained therein ("Marks"), are owned by or licensed
to Bid For Materials, subject to copyright and other intellectual property
rights under United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information
and personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written consent
of the respective owners. Bid For Materials reserves all rights not
expressly granted in and to the Website and the Content. You agree to
not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the
Website for any commercial purposes. If you download or print a copy
of the Content for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the
Bid For Materials Website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the Bid For
Materials Website or the Content therein.
5. Materials and Products
A. You understand that
when using the Bid For Materials Website, you will be exposed to materials
and products from a variety of sources, and that Bid For Materials is
not responsible for the accuracy, usefulness, safety, or conditions
of or relating to such product and materials. You further understand
and acknowledge that you may be exposed to descriptions of such products
and materials that may be inaccurate, and you agree to waive, and hereby
do waive, any legal or equitable rights or remedies you have or may
have against Bid For Materials with respect thereto, and agree to indemnify
and hold Bid For Materials, its Owners/Operators, affiliates, and/or
licensors, harmless to the fullest extent allowed by law regarding all
matters related to your use of the site.
B. Bid For Materials provides a platform and environment for networking
and sharing information. If members enter into agreements with other
members through Bid For Materials, Bid For Materials is not a contracting
party to these agreements and cannot be held liable or accountable regarding
these agreements.
YOU AGREE THAT YOUR USE OF THE BID FOR MATERIALS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. BID FOR MATERIALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BID FOR MATERIALS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE NOR TO ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) THE FITNESS, CONDITION, OR ANY OTHER MATTER RELATING TO MATERIALS, PRODUCTS OR SERVICES SOLD THROUGH THE SITE AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS, MATERIALS AND SERVICES, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BID FOR MATERIALS WEBSITE. BID FOR MATERIALS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BID FOR MATERIALS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BID FOR MATERIALS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL BID FOR MATERIALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) THE CONDITION, FITNESS OR ANY MATTER RELATED TO PRODUCTS, MATERIALS AND SERVICES OBTAINED THROUGH THE WEBISTE AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BID FOR MATERIALS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BID FOR MATERIALS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Bid For Materials from its facilities in the United States of America. Bid For Materials makes no representations that the Bid For Materials Website is appropriate or available for use in other locations. Those who access or use the Bid For Materials Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify
and hold harmless Bid For Materials, its parent corporation, officers,
directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from:
(i) your use of and access to the Bid For Materials Website;
(ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right
This defense and indemnification obligation will survive these Terms of Service and your use of the Bid For Materials Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Bid For Materials Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Bid For Materials Website. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bid For Materials without restriction.
You agree 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 of Service 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 you 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 of Service, together with the Privacy
Notice at http://www.BidForMaterials.