Agreement between User and bidglide.com
Welcome to bidglide.com. The bidglide.com website is comprised of various web pages operated by Bidglide LLC (“Bidglide” or the “Company”). bidglide.com is offered to you conditioned on your acceptance without modification of the terms and conditions contained herein. Your use of bidglide.com constitutes your agreement to all such terms and conditions. Please read these terms carefully and keep a copy of them for your reference.
bidglide.com is a site which provides the ability to purchase and manage License Subscriptions for Bidglide Software (individually and collectively the “Services”). Using the Site, you can create an account, make purchases to become a Licensee, download software, manage subscriptions, learn, and contact Bidglide for support in accordance with the End-User License Agreement entered into between subscribers and Bidglide.
Bidglide shall have the right, at its sole discretion, to modify, add, or remove any terms without notice or liability to you, but has no obligation to do so. Any changes to the Terms and Conditions shall be effective immediately following the posting of such changes. You agree to review the Terms and Conditions from time to time and agree that any subsequent use by you of the Products and Services following changes to the Terms and Conditions shall constitute your acceptance of all such changes.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PRODUCTS, PRODUCTS AND SITE ARE AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS AND CONDITIONS.
License Subscription purchases require Licensees to accept our End-User License Agreement, which is provided during your checkout process.
Visiting bidglide.com or sending emails to Bidglide constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bidglide is not responsible for third party access to your account that results from theft or misappropriation of your account.
You are solely responsible for the information you input or upload to the Site, and warrant and represent you have the right and authorization to input or upload all such information.
If you purchase the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up-to-date.
Children Under Sixteen
You are entitled to a refund for a period of seven (7) calendar days after purchasing a License Subscription. To receive a refund please visit our Contact Us page, select the “Refund Request” dropdown, type in “refund”, and click the “Contact Us” button. We would appreciate if you provided a reason and feedback for how we can improve. Licensees may cancel their subscriptions at any time to avoid further billing.
Use of the Services
The Services are offered with the understanding that Bidglide assumes no responsibility or liability whatsoever on the behalf of users who purchase the Services or who directly or indirectly act on the information offered through the Site. Any use of the Services is solely at your own risk.
Each user is solely responsible for deciding whether the Services are suitable for their own purposes and whether the Services match their needs. Bidglide offers no express or implied guarantees or warranties regarding the benefits or effectiveness of the Services or that you will find the Services satisfactory, complete, of benefit, or suitable for your own circumstances.
Under no circumstances is Bidglide providing advice or consultation. Users are encouraged to undertake independent research and/or seek appropriate advice as relates to their use of the Services.
Links to Third Party Sites/Third Party Services
bidglide.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bidglide and Bidglide is not responsible for the safety or contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bidglide is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bidglide of the site or any association with its operators. You acknowledge and agree that we are not responsible for the availability of any Linked Sites, and that we do not endorse the advertisements on any Linked Sites, the products or services made available on those Linked Sites, or any other materials found on those Linked Sites. You acknowledge and agree that we are not liable for any loss or damage that may be incurred by you or any third party as the result of the availability or lack of availability of these Linked Sites, including any reliance placed by you upon the need for those Linked Sites and/or for those Linked Sites’ completeness and/or accuracy.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use bidglide.com strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to Bidglide that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Bidglide will investigate occurrences that may involve such violations and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
“BIDGLIDE”, and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of BIDGLIDE, and any unauthorized use of such trademarks and trade names is unlawful.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site (individually and collectively the “Content”), is the property of Bidglide or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, and no Content is for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. You will use the Content solely for your personal use and will make no other use of the content without the express written permission of Bidglide and the copyright owner.
You agree that you do not acquire any ownership rights in any Content, and no other license, express or implied, is granted by these Terms and Conditions.
User Comments and Suggestions
While Bidglide values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of Bidglide in whole or in part. Bidglide shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and Bidglide shall not be liable for any use or disclosure.
The Service is controlled, operated and administered by Bidglide LLC from our offices within the USA. Bidglide makes no claims that the Site may be lawfully accessed in any specific location. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Services or Content accessed through bidglide.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. You are solely responsible for compliance with the laws and regulations of your jurisdiction.
You agree to indemnify, defend and hold harmless Bidglide, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bidglide reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bidglide in asserting any available defenses and pay all applicable costs and expenses.
Choice of Law and Resolution of Disputes
To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of the State of Illinois.
Other than the requirement of exercising the jurisdiction of the federal court in Chicago, Illinois to resolve disputes relating to trademark and copyright, in the event the parties are not able to resolve any other dispute between them arising out of or concerning these Terms and Conditions, then such dispute shall be resolved only by final and binding arbitration conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Chicago, Illinois. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective court actions are not permitted.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE ARBITRATION OR COURT PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and Bidglide agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIDGLIDE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BIDGLIDE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BIDGLIDE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BIDGLIDE HAS NO FIDUCIARY OBLIGATIONS AND SHALL NOT BE RESPONSIBLE OR LIABLE, AND YOU AGREE NOT TO HOLD BIDGLIDE RESPONSIBLE OR LIABLE FOR SUCH OCCURRENCES AS THE SITE NOT OPERATING ERROR-FREE OR OPERATING WITH COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, DELETION OF YOUR DATA AND INFORMATION, YOUR INABILITY TO USE THE SITE, DELAYS OR DISRUPTIONS, DAMAGE TO YOUR EQUIPMENT OR DATA, YOUR RELIANCE ON THE COMMUNICATIONS, THE LOSS, INTERCEPTION OR ALTERATION OF ANY TRANSMISSIONS OVER THE INTERNET, OR THE LOSS OR INADVERTENT RELEASE OF THE COMMUNICATIONS, INFORMATION OR MATERIALS. ALL USERS MUST BACKUP ALL INFORMATION AND DATA INPUTTED TO THE SITE.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bidglide as a result of this Agreement or use of the Site. Bidglide’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bidglide’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bidglide with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Additional Terms and Conditions
If any court having competent jurisdiction holds any provision of this Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms and Conditions shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and Bidglide with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bidglide with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Bidglide welcomes your questions or comments regarding the Terms and Conditions:
300 N Lasalle Dr. Suite 4925
Chicago, Illinois 60654
Email Address: firstname.lastname@example.org
Effective as of May 29, 2018