Free Bid Finder, Inc. (“Company”) Website Terms and Conditions of Use Revised as of February 18, 2011.

Welcome to www.freebidfinder.com (the “Website”). Company provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website.

If you visit the Website, you accept these terms and conditions of use. Please read them carefully.

READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND DISCLAIMERS.

Privacy

Please review our privacy policy [provide link], which also governs your visit to the Website, to understand our privacy practices.

Minimum Age

If you are under the age of 18 you are prohibited from requesting a bid or registering as a service provider.

Geographic Scope

The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that the Company intends to make such products or services available in such countries.

Unless otherwise specified, Company may offer to sell products or services featured on the Website only in the United States. The Website is displayed solely for purposes of promoting Company’s products and services in the United States. Unless otherwise specified, the Website is available for visitors outside of the United States only for purposes of information. The Website is controlled by Company from its offices in Utah, in the United States of America.

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Company, its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company, its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this site is the property of Company, its affiliates, or its software suppliers and is protected by United States and international copyright laws. For purposes of these terms and conditions of use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Company, or any entity or person in which Company, directly or indirectly, owns a controlling interest. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Company.

Trademarks

Company or one of its affiliates is the owner of the unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:

FBF
FreeBidFinder.com
Free Bid Finder, Inc.

The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company or its affiliates may not be used in connection with any business, product, or service whose source is not Company or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Company or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by Company or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company or its affiliates. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company or its affiliates displayed or contained in the Website without the express, written consent of Company or its affiliates.

License and Site Access

Company grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of the Website and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Company.

This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Company’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Company. Any unauthorized use terminates the permission or license granted by Company.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of Company or any of its affiliates as part of the link without the express, written consent of Company.

Your Account

If you use the Website, 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.

Service Providers

Company will charge you a monthly fee. Once a membership is purchased, you will be granted access to the Service for one subscription within a market selected by you. You may purchase access to additional subscriptions within a market on the terms and subject to the conditions set forth below. Annual Membership Fees may be paid in advance by cash, check, credit card, or debit card. Monthly Membership Fees and Additional List Fees may only be paid in advance by credit card, or debit card. The terms of such monthly, annual and Additional List membership plans are listed below. UNLESS SUCH MEMBERSHIP PLAN IS CANCELLED OR TERMINATED AS PROVIDED BELOW, ALL MEMBERSHIP PLANS WILL BE AUTOMATICALLY RENEWED UPON THE TERMS SET FORTH BELOW.


IF YOU SELECT THE MONTHLY PAYMENT PLAN, EACH MONTH COMPANY WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON A MONTH-TO-MONTH BASIS AT THE MEMBERSHIP FEE (AS SUCH MEMBERSHIP FEE MAY BE MODIFIED AS PROVIDED ABOVE) USING THE CREDIT CARD, DEBIT CARD OR OTHER PAYMENT INFORMATION ON FILE WITH COMPANY. Each monthly renewal payment will take place on or about your expiration date. If the renewal of your monthly membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Company). Except as otherwise required by applicable law, you agree that Company will not provide you with any notices prior to each monthly renewal payment.

IF YOU SELECT THE ANNUAL PAYMENT PLAN, COMPANY WILL AUTOMATICALLY RENEW YOUR ANNUAL MEMBERSHIP FOR ONE YEAR AT THE MEMBERSHIP FEE FOR ANNUAL MEMBERSHIPS (AS SUCH MEMBERSHIP FEE MAY BE MODIFIED AS PROVIDED ABOVE) USING THE CREDIT CARD, DEBIT CARD OR OTHER PAYMENT INFORMATION ON FILE WITH COMPANY. Such annual renewal payment will take place on or about the 1st of the calendar month in the month in which your annual membership expires. If the renewal of your annual membership fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Company). Except as otherwise required by applicable law, you agree that Company will not provide you with any notices prior to each annual renewal payment.

Upon purchase of a membership, the initial subscription selected by you is considered your “primary” subscription. You may purchase access to additional subscriptions through your membership by using the Additional List feature located on the Website. In order to purchase and obtain access to Additional Lists, Your primary subscription must be active and in good standing. Additional Lists may only be purchased for annual terms. IF YOU PURCHASE ANY ADDITIONAL LISTS, COMPANY WILL AUTOMATICALLY RENEW EACH ADDITIONAL LIST FOR ONE YEAR AT THE MEMBERSHIP FEE FOR SUCH ADDITIONAL LIST (AS SUCH MEMBERSHIP FEE MAY BE MODIFIED AS PROVIDED ABOVE) USING THE CREDIT CARD, DEBIT CARD OR OTHER PAYMENT INFORMATION ON FILE WITH COMPANY. The renewal payments will take place on or about the expiration date of your Additional List(s). If the renewal of any of your Additional List subscriptions fails for any reason, we will attempt to process your Additional List renewals for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Company). Except as otherwise required by applicable law, you agree that Company will not provide you with any notices prior to each renewal payment for any Additional Lists. In the event your primary subscription is not renewed or terminated for any reason, any Additional List subscriptions purchased will be automatically terminated.

IF YOU DECIDE TO CANCEL YOUR MONTHLY MEMBERSHIP WITH THE SERVICE, YOUR CANCELLATION REQUEST MUST BE RECEIVED NO LATER THAN 5:00P.M. (SALT LAKE CITY, UTAH LOCAL TIME) ON THE BUSINESS DAY PRIOR TO YOUR SCHEDULED MONTHLY RENEWAL PAYMENT DATE. YOU MAY CANCEL YOUR MONTHLY MEMBERSHIP BY PROVIDING COMPANY WITH NOTICE OF YOUR DESIRE BY CONTACTING COMPANY BY FIRST CLASS CERTIFIED MAIL AT [address], BY TELEPHONE AT [phone], BY FACSIMILE AT [fax] OR BY EMAIL AT memberservices@freebidfinder.com.


Annual Payment Plan: IF YOU DECIDE TO CANCEL YOUR ANNUAL MEMBERSHIP WITH THE SERVICE, YOUR CANCELLATION REQUEST MUST BE RECEIVED NO LATER THAN 5:00 P.M. (SALT LAKE CITY, UTAH LOCAL TIME) ON THE BUSINESS DAY PRIOR TO YOUR SCHEDULED ANNUAL RENEWAL PAYMENT DATE. YOU MAY CANCEL YOUR ANNUAL MEMBERSHIP BY PROVIDING COMPANY WITH NOTICE OF YOUR DESIRE BY CONTACTING COMPANY BY FIRST CLASS CERTIFIED MAIL AT [address], BY TELEPHONE AT [phone], BY FACSIMILE AT [fax] OR BY EMAIL AT memberservices@freebidfinder.com.

Additional List Plan: IF YOU DECIDE TO CANCEL ANY OF YOUR ADDITIONAL LIST MEMBERSHIPS WITH THE SERVICE, YOUR CANCELLATION REQUEST MUST BE RECEIVED NO LATER THAN 5:00 P.M. (INDIANAPOLIS, INDIANA LOCAL TIME) ON THE BUSINESS DAY PRIOR TO YOUR SCHEDULED ADDITIONAL LIST RENEWAL PAYMENT DATE. YOU MAY CANCEL ANY OF YOUR ADDITIONAL LIST MEMBERSHIPS BY PROVIDING COMPANY WITH NOTICE OF YOUR DESIRE BY CONTACTING COMPANY BY FIRST CLASS CERTIFIED MAIL AT [address], BY TELEPHONE AT [phone], BY FACSIMILE AT [fax] OR BY EMAIL AT memberservices@freebidfinder.com.


Subscriptions: IF YOU DECIDE TO CANCEL ACCESS TO A SUBSCRIPTION OR SUBSCRIPTIONS INCLUDED IN THE SERVICE, YOUR CANCELLATION REQUEST MUST BE RECEIVED NO LATER THAN 5:00 P.M. (INDIANAPOLIS, INDIANA LOCAL TIME) ON OR BEFORE THE THIRTIETH (30TH) DAY AFTER YOUR RENEWAL PAYMENT IS MADE. YOU MAY CANCEL ACCESS TO A SUBSCRIPTION OR SUBSCRIPTIONS BY PROVIDING COMPANY WITH NOTICE OF YOUR DESIRE BY CONTACTING COMPANY BY UNITED STATES POSTAL SERVICE, CERTIFIED MAIL, FIRST CLASS MAIL, POSTAGE PRE-PAID, AT [address], BY TELEPHONE AT [phone], BY FACSIMILE AT [fax] OR BY EMAIL AT memberservices@freebidfinder.com.

If you register to use the website as a service provider you agree to strictly abide by the Website Privacy Policy with the following additional limitations. You will not use any information requesting bids you received from Website except for the purpose of providing the bid to the requesting party. You will not save information about bids requested in any way or format beyond the time reasonably necessary for you to supply the requesting party with a bid unless the party requesting the bid contracts with you for the services requested.

Your right to provide bids to requesting parties can be terminated at any time by Company if you fail to abide by the Website Terms and Conditions of Use or the Website Privacy Policy.

You assume all responsibility for the services you perform for parties requesting bids and agree to hold Company harmless and indemnify Company for any damages that occur in relation to the services you provide to the party requesting a bid including damages to third parties or to Company.

Parties Requesting Bids

Company does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers. You agree that should you use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider, Company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Company. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

Children

Company does sell products or services for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Website only with involvement of a parent or guardian. You may not register as a Service Provider or request bids.

Reviews, Comments, Communications, and Other Content

Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Visitors may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Company, its related entities and its affiliates for all claims resulting from content you supply.

From time to time, Company may monitor and edit or remove any activity or content, but it has no obligation to do so. Company takes no responsibility and assumes no liability for any content posted by you or any third party. Harassment in any manner or form on the Website, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Company employee, host, or representative or other members or visitors to the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any commercial online service or other organization.

Links

These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.

Copyright Complaints

Company respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Company’s designated agent for notice of claims of copyright infringement on the Website at the following addresses:

Copyright Agent
[P.O. Box address]
[telephone number]
[fax number]
[e-mail address]

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted materials have been infringed.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT

Disclaimer of Warranties and Limitation of Liability

The Website is provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.

To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the Website, its servers, or e-mail sent from Company are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Governing Law

The Website was developed in the United States of America in accordance with and shall be governed by the laws of the state of Utah, United States of America. By visiting the Website, you agree that the laws of the State of Utah of the United States, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Company or its affiliates.

Disputes

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in American Fork, Utah, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

As noted above, you are encouraged and advised to review the terms and conditions of use and the privacy policy posted on the Website. These policies also govern your visit to the Website. By using the Website, you agree to be bound by and to abide by these policies, just as if you had signed an agreement. If you do not comply with these terms and conditions of use at any time, we reserve the right, if applicable, to terminate your password, user account, or your access to the Website (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Website, may be effected without prior notice. Further, you agree that we will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the Website.

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, the terms and conditions of use and the privacy policy at any time. You should check these terms and conditions of use and privacy policy periodically for changes. By using the Website after we post any changes to the terms and conditions of use or the privacy policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions of use and the privacy policy, you should not use the Website and, if applicable, you should arrange to cancel your registered user account or subscription with us. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.

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