Section titles in the TOS are
for convenience only and have no legal or contractual effect.
1. ACCEPTANCE OF TERMS
BIDUX and its subsidiaries and
affiliates ("BIDUX"), provides its Internet products, services, and
content to you ("Service") subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time at Terms
of Service. In addition, when using particular BIDUX services, you shall be
subject to any posted guidelines, rules, User Terms and Conditions, Bill Of
Lading Terms and Conditions, and/or policies and procedures applicable to such
services which may be posted from time to time. All such items are hereby
incorporated by reference into the TOS.
2. USER ACCOUNT, PASSWORD AND SECURITY
If you complete the Service's
registration process, you will receive a username and password linked to your
account with BIDUX. You are responsible for maintaining the confidentiality of
the username and password, and are fully responsible for all activities that
occur under your username, password, or on your account. You agree to (a)
immediately notify BIDUX of any unauthorized use of your username and password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. BIDUX cannot and will not be liable for any
loss or damage arising from your failure to comply with this section.
3. MODIFICATIONS TO SERVICE
BIDUX reserves the right at
any time and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree that BIDUX
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
4. TERMINATION
You agree that BIDUX, in its
sole discretion, may terminate your password, account (or any part thereof) or
use of the Service, and remove and discard any content within the Service, for
any reason, including, without limitation, for lack of use, or if BIDUX
believes that you have violated or acted inconsistently with the letter or
spirit of the TOS. You acknowledge and agree that BIDUX may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further,
you agree that BIDUX shall not be liable to you or any third-party for any
termination of your access to the Service.
5. BIDUX'S PROPRIETARY RIGHTS
You acknowledge and agree that
the Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that content presented to you
through the Service is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by BIDUX, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIDUX
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. BIDUX MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)