Terms and Conditions
TERMS AND CONDITIONS
Please review these Terms and Conditions of Service (Terms and Conditions) carefully before registering. These Terms and Conditions apply to and govern the Site, services offered on the Site and any additional services provided to you by BidPay®ment.com, BidPay®, Inc., BidPay® Freight, Inc., or any of its affiliates, agents, or representatives (“BidPay®ment.com”). Your registration with or your entering the Site constitutes your agreement to be bound by all terms, conditions, and notices contained herein and as they may change, from time to time.
The term “you” as used in these Terms and Conditions refers to the individual registered with BidPay®ment.com or accessing and using the Site, and if you are accessing and using the Site on behalf of a corporation, partnership, limited liability company, or other business entity, then you also includes that entity and all individuals gaining access through its account with BidPay®ment.com. Please note that these Terms and Conditions contain waivers by you of certain rights you have against us, our affiliates, and our or their directors and representatives.
The terms “us,” “our,” or “we” as used in these Terms and Conditions refer to BidPay®ment.com and BidPay®, Inc., a Texas corporation, and each of their agents, affiliates, directors and representatives.
The term “Site” as used in these Terms and Conditions refers to BidPay®ment.com.
1. ACCEPTANCE OF THESE TERMS
These Terms and Conditions constitute an agreement between you and us. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM. By accepting these Terms and Conditions once, you agree that you will be bound by them each and every time you use our Site, our services, materials and information provided by us to you, or otherwise interact with us. If you do not agree to these Terms and Conditions, you may not access or otherwise use our Site, services, or any materials or information provided to you by us.
2. CHANGES TO TERMS AND CONDITIONS
We reserve the right, in our sole discretion and with or without notice, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of these Terms and Conditions will be posted on the Site. Your continued use of the Site or any materials or information provided to you by us after such changes are posted will constitute your agreement to such changed Terms and Conditions. Please check the Terms and Conditions periodically for changes.
3. CHANGES TO SERVICE
We may change, suspend or discontinue any aspect of our Site or services at any time. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability.
5. REFUND POLICY
6. APPROPRIATE USE
7. PROPRIETARY RIGHTS
The content and software used on the Site and the Site layout and design are the sole and exclusive property of BidPay®ment.com and BidPay®, Inc. Content and other information and material on the Site or otherwise provided to you by us is protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You may use the information and material on our Site or otherwise provided to you by us only for personal or commercial use as described in these Terms and Conditions. Unless expressly authorized by us, you may not reproduce, modify, distribute, transmit, republish, display, perform, rent, sell, license, edit, or create derivative works from, any of the content or other material on the Site or otherwise provided to you by us. You may not copy or retrieve data or other content from the Site or otherwise provided to you by us – either manually or by use of automatic devices – for the purpose of creating or compiling, directly or indirectly, a collection, database, or directory without written permission from us. You may not use meta tags or other hidden text utilizing BidPay®ment.com’s name or trademarks, nor may you use framing techniques to enclose any portion of the BidPay®ment.com Site, without BidPay®ment.com’s express, written permission.
8. SUBMISSION OF CONTENT TO THE SITE
BidPay®ment.com does not sell and/or trade any of our customer’s information to third parties. However, we will from time to time email and/or fax you or your suppliers/vendors information from affiliated companies on their behalf that offer services that we feel could help your business.
Information that is collected that is deemed to be confidential (credit card numbers and associated card data, social security numbers, tax identification numbers) will also be collected using secure socket layer (SSL) protocol, which encrypts data sent from your browser to our servers. This data is then also encrypted in our databases, and only accessible by authorized staff within the BidPay®ment.com organization.
We reserve the right to assign our rights and obligations under these Terms and Conditions to one or more of our affiliates or to any successor entity by way of merger, consolidation, or otherwise. You are not entitled to assign your account registration or any of your rights or responsibilities under these Terms and Conditions without our express written consent. These Terms and Conditions will inure to the benefit of, be binding upon, and be enforceable by our successors and assigns.
11. THIRD-PARTY SITES
12. CONSENT TO ELECTRONIC COMMUNICATIONS
You acknowledge that BidPay®ment.com is an Internet-based business and that our services are available through the Internet. You agree to receive documentation and information provided by us primarily through our Site and through e-mail provided to you via the Internet. Any information or materials that we provide to you by telephone, U.S. mail, facsimile or other means does not constitute a waiver of this agreement. To maintain an account with us, you will need to be able to access our Site on the Internet, which requires Internet access and a Web browser, as well as an Internet e-mail account. No additional hardware or software requirements should be necessary. In the event of a change in the hardware or software requirements necessary to access our Site, notice will be displayed on our Site prior to the implementation of such a change. You acknowledge that you have the appropriate computer equipment to use our Site and to receive e-mail via the Internet and understand that you may incur certain operational costs in connection with your use of the Internet, such as monthly fees for a service provider, for which you are solely responsible. You solely and expressly agree to undertake the obligation to notify us of changes in your electronic contact information.
13. CONFIDENTIAL OR CONTRACTUALLY IMPLIED RELATIONSHIP EXISTS WITH BIDPAYMENT.COM
You acknowledge that by registering with us or using the Site and our services, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than the express contractual relationship set forth in these Terms and Conditions.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
BidPay®ment.com facilitates the auctioning of trade payables. No agency, partnership, joint venture, employee-employer, or franchisee-franchisor relationship is intended or created by your use of the Site or by these Terms and Conditions.
Your use of the Site and any information or materials provided by us to you is at your own risk. While we make reasonable efforts to post and supply accurate and timely information, we make no representations or warranties of the accuracy of content on the Site or content otherwise provided to you by us through an alternatives means and assume no liability or responsibility for inaccuracies, errors, or omissions in such content. You fully and completely assume all risk of using the Site and any information or materials provided by or made available on the Site by BidPay®ment.com or any other user of the Site.
Neither BidPay®ment.com nor any other party involved in the creation, distribution, or display of the Site or any other materials or information provided to you by us is liable for any lost profits or any direct, indirect, punitive, incidental, special, or consequential damages that result from the use, or inability to use, the Site or any other materials provided to you by us, even in the event of our negligence. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED TO YOU ON THE SITE OR BY US THROUGH ANY OTHER MEANS ARE DELIVERED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
BidPay®ment.com does not warrant that the Site or its server(s) are free of viruses or other harmful components that may infect or damage your computer equipment or other property as a result of your accessing, browsing, and/or using the Site, downloading information, or printing information from the Site.
15. USER’S INDEMNIFICATION
You agree to defend, indemnify, and hold harmless BidPay®ment.com, BidPay®, Inc., and their subsidiaries, affiliated companies, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, made by any third party that arise from your use or misuse of the Site or any other materials or information provided by us to you (whether such material or information originates from BidPay®ment.com or from a third party, including, without limitation, other users of the Site), your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
16. GOVERNING LAW
These Terms and Conditions shall be governed by and construed under the laws of the State of Texas without regard to that state’s conflicts of law rules. By registering with and using the BidPay®ment.com Site or other services provided by us, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the BidPay®ment.com Site or other information or materials provided by us to you is under state or federal courts located in the State of Texas and that all claims or actions will be brought in those courts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
17. SEVERABILITY AND INTEGRATION
These Terms and Conditions constitute the entire agreement between you and BidPay®ment.com with respect to the Site and supersede any prior or contemporaneous communication (whether oral, written, or electronic) between you and BidPay®ment.com with respect to the Site. These Terms and Conditions also govern and are incorporated into any additional agreement or arrangement between you and us, including without limitation any agreement relating to the collection, compilation and supply of data from BidPay®ment.com. If any part of these Terms and Conditions is held void, invalid, or unenforceable, that portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
18. OUR RIGHT TO TERMINATE ACCOUNT
BidPay®ment.com reserves the right to terminate your account and access to all or part of the Site, and remove any materials, information and data that you have posted on our Site, in our sole discretion, without notice, at any time and for any reason, including, without limitation (1) a breach of these Terms and Conditions (2) unauthorized use of your user name(s) or password(s) or account(s) or (3) unauthorized use of any information or materials provided to you by us.