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TERMS OF SERVICE
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This agreement ("Agreement") is entered into by H2bid, LLC (“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.
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H 2bid 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 H 2bid website.
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Fees and Charges - Subscription
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H 2bid accepts payment for the Service by credit / debit card only.
You must provide H 2bid with current, valid credit / debit card
account information as requested on the H 2bid website. If you
subscribe (become a “Premium Member”), H 2bid will then bill your
credit / debit card the monthly fee for the current month, (the "Initial
Period"). Cancellation of the Service during the Initial Period is
non-refundable.
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Unless the Service is terminated by You or H 2bid as further provided
in this Agreement, You agree to pay and authorize H 2bid to charge
the credit / debit card You provided in the amount of the then-current monthly
subscription cost for the Service on the first day of every month following the
Initial Period.
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Fees and Charges – Individual Bid Request Purchases
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If you elect to purchase the details of a specific bid request, H 2bid
will charge your credit / debit card the amount of the price listed for each
bid request that you have selected.
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Termination of Subscription
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After the Initial Term, You may terminate your subscription at any time by
notifying H 2bid by email. H 2bid will contact You at the
email address You indicate during registration to confirm your desire to
terminate. Once confirmed by you, H 2bid will provide an e-mail
confirmation of your cancellation to the email address You designated when
subscribing to the Service. Your cancellation will be effective on the first
day of the following month immediately following confirmation of your
termination by H 2bid. H 2bid will not issue prorated
refunds. For example, if You email to cancel the Service on May 16, You will
continue to receive the Service through May 30 and will no longer receive the
Service as of June 1 and will not be billed for the Service on June 1. In the
event that you fail to make any payment when due, a transaction on a credit
/debit card you provide is denied by the issuer, or You undertake any action or
omission in breach or contravention of this Agreement, H 2bid may
immediately and without notice terminate this Agreement with You.
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Intellectual Property Ownership
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Certain information and content contained on or in the H 2bid
website, including but not limited to text, images, video, audio and data are
owned by and proprietary to H 2bid, its vendors and/or licensors and
are protected by applicable copyright, trademark and trade secret laws (the
“proprietary information”). All rights not expressly granted by this Agreement
are reserved solely to H 2bid, its vendors and/or licensors. Except
as otherwise specifically stated in this Agreement, You may not duplicate,
display, distribute, sell, resell, reverse engineer, disassemble, decompile,
make derivative works, or other use the proprietary information. Any
unauthorized use by You may subject you to penalties or damages. H 2bid
will enforce its intellectual property rights to the full extent of the law. In
the event that you further distribute the proprietary information, you agree
that H 2bid may charge the credit / debit card you provide an
additional monthly charge as a license fee for each such distribution.
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Digital Millennium Copyright Act
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If you believe that information or content contained of this website infringes
on your copyright, please notify the copyright agent.
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No Confidentiality or Use Limitations for Submitted Information
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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 H 2bid for any
reason whatsoever at any time without notice to you. You further acknowledge
and agree that if H 2bid 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.
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Privacy of Email Addresses / Demographic Information
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H 2bid will not sell the email list information that is compiled from
submissions to this site to be used for commercial purposes. H 2bid
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 by H 2bid shall not be
attributed to the individual providing it on this site.
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Secure Server Pages / Online Application Pages
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Some of the pages requiring information are certified as Secure Sockets Layer
(SSL) pages as designated. H 2bid 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.
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Use of this Site at Own Risk
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You acknowledge and agree that your use of the website and of the Service is at
your own risk and that neither H 2bid 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 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.
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No Warranty of Accuracy of Information
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H 2bid.com 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 H 2bid
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 H 2bid
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.
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Limitation of Liabilities
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UNDER NO CIRCUMSTANCES SHALL H 2bid BE LIABLE FOR LOSS OF PROFITS,
LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF H 2bid HAS
BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL H 2bid'S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY
EXCEED THE FEES ACTUALLY PAID BY YOU TO H 2bid, REGARDLESS OF THE
FORM OF CLAIM. THIS LIMITATION INCLUDES ALL CLAIMS BASED ON THE USE OR
INABILITY TO USE THIS SITE.
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Indemnification
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You agree to indemnify and hold harmless H 2bid, 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 (ii) any
content, data or material that you submit, post or otherwise provide to H 2bid
or on this website.
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Unlawful Content and Behavior
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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 H 2bid
or other parties may be involved in creating, producing or delivering this
website, may monitor or review transmissions, postings, or discussions, H 2bid
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.
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Advertisements and Links to Other Websites
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You acknowledge and agree that although this website may contain advertisements
or may be linked to other websites, H 2bid 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. H 2bid 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. H 2bid
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.
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Application of Laws
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You acknowledge and agree that although the information and materials on the H 2bid
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. H 2bid 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 Michigan 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 Wayne County, Michigan and further
agree that the state and federal courts located in Wayne County, Michigan shall
be the exclusive venue for the resolution of any dispute between H 2bid
and You.
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Entire Agreement
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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.
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No Waivers
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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 H 2bid.
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Severability
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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.
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