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Terms of Use
The BidLizard World Wide Web site (the "Site") is a copyrighted work belonging
to Bantley Design and BidLizard. BidLizard grants you the right to use the Site subject to the
terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE
TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF
USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THIS SITE.
Subject to the terms and conditions of this agreement, BidLizard grants you a
limited, royalty-free license to view the materials contained on the Site (the
"Materials") and make such copies only as may be incidentally created during
your exercise of the foregoing through the normal operation of a commercially
available web browser and a gateway cache and proxy obtaining the Materials from
the BidLizard server. You are not granted any right to use BidLizard trademarks,
logos, trade dress (including without limitation the layout of the Site) or
other marks, and all such items shall remain the exclusive property of
BidLizard.
BidLizard reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site (or any part thereof) with or
without notice. You agree that BidLizard will not be liable to you or to any
third party for any modification, suspension, or discontinuance of the Site.
Your use of any areas of the Site secured by a user name/login screen ("Secured
Areas"), including but not limited to use of the auction, programming codes or
methods, downloads of reports, file uploads, or installation and user
documentation, is governed by the terms and conditions of a separate agreement.
You are granted no rights or licenses to use the Secured Areas under this
Agreement.
By submitting your name, company, e-mail address, classification, and any other
personal information to us through the BidLizard website, you hereby grant
BidLizard a royalty-free license to use and disclose this information, including
but not limited to using and disclosing such information in connection with
periodic mailings to you about BidLizard products, services, and news
("Mailings"). The terms and conditions of this Agreement shall apply to all such
Mailings.
BIDLIZARD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION
PROVIDED ON THE SITE. BIDLIZARD MAY MAKE CHANGES TO THE INFORMATION CONTAINED
HEREIN, INCLUDING TO THE AUCTION USE PRICES, ACCESS POINTS AND SERVICE
AVAILABILITY DESCRIBED IN THE SITE, AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU.
INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED, INCLUDING BUT NOT LIMITED
TO INFORMATION ABOUT BIDLIZARD PRODUCTS, PRICES, ACCESS POINTS AND SERVICE
AVAILABILITY, MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY
CONTAIN ERRORS. CONTACT BIDLIZARD DIRECTLY AT THE EMAIL ADDRESS BELOW FOR
UPDATED INFORMATION BEFORE RELYING ON ANY INFORMATION PROVIDED AT THIS SITE. IN
NO EVENT SHALL BIDLIZARD OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION
MADE OR ACT OR OMISSION BY YOU IN RELIANCE UPON INFORMATION PROVIDED AT THIS
SITE. BIDLIZARD WILL NOT BE HELD LIABLE FOR THE COLLECTION OF FUNDS FROM
PARTICIPANTS TO THE SITE, OR FOR THE DISTRIBUTION OF ITEMS WON ON THIS SITE.
THE INFORMATION ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. BIDLIZARD ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN THIS SITE OR OTHER DOCUMENTS THAT ARE REFERENCED BY OR LINKED TO THIS SITE,
INCLUDING WITHOUT LIMITATION THE "BIDLIZARD INTERNET ROAMING REVENUE/PROFIT
MODEL." Some jurisdictions do not allow the exclusion of implied warranties, in
which case any implied warranties shall be limited to the minimum scope and
period permitted by law.
IN NO EVENT SHALL BIDLIZARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BIDLIZARD HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. BIDLIZARD’S
TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE
USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED
$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
The Site and the Materials are copyrighted works of BidLizard and/or its
suppliers. Neither the Site nor the Materials may be reproduced, displayed,
modified or adapted, distributed or transmitted in any form by any means
(including, but not limited to, electronic duplication or transmission) without
the prior written permission of BidLizard except as set forth in these terms and
conditions.
BidLizard, RoamServer, NetServer, BidLizardConnect, iOQ, BidLizard Managed
Access, BidLizard Corporate Access, Airport Access and the BidLizard logo are
trademarks (and in some cases registered trademarks) of BidLizard Inc. All
rights reserved. All other trademarks are the property of their respective
owners.
BidLizard may at any time revise these Terms of Use by updating this posting. By
using this Site, you agree to be bound by any such revisions and therefore you
should periodically visit this page of the Site to examine the then-current
Terms of Use by which you are bound. Certain provisions of these Terms of Use
may be superseded by expressly designated legal notices or terms located on
particular pages of this Site.
If any provision of these Terms of Use is held by a court of competent
jurisdiction to be unenforceable for any reason, the remaining provisions hereof
shall be unaffected and remain in full force and effect. These Terms of Use
shall for all purposes be governed by and interpreted in accordance with the
laws of the State of California as those laws are applied to contracts entered
into and to be performed entirely in California, without regard to conflicts of
law provisions. Any suit or proceeding arising out of or relating to these Terms
of Use shall be commenced exclusively in state or federal court in Santa Clara
County, California, and you irrevocably submit to the exclusive jurisdiction and
venue of such courts.
You may contact BidLizard at Bantley Design, PO Box 1043, San Ramon, CA 94583,
United States, by phone at +1 925.803.5094 or by emailing legal@BidLizard.com.
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