BetterBidding.com
Terms of Service
BetterBidding.com
is owned and operated by Like the Island, LLC, an independent entity
(hereafter, 'Better Bidding').The information contained within the site is
neither confirmed nor reviewed by any of the merchants or travel suppliers,
which may be discussed or presented.The services offered by BetterBidding
include the BetterBidding website, and any other features, content, or
applications offered from time to time by BetterBidding in connection with the
BetterBidding website (collectively, the "Service"). This Terms of
Service Agreement ("Agreement") sets forth legally binding terms for
your use of the Service. By using the Service you accept and agree to be bound
to the following terms and conditions whether or not you register as a Member of
BetterBidding.
1. Definitions
BetterBidding will use the following terms in this
Agreement:
- "Content"
- all data, text, files, images, photos, video, sounds, musical works,
works of authorship, information, links or any other materials.
- "Member"
- a user that completes the BetterBidding registration process.
- "Information"
means any data or Content provided to BetterBidding, including
information which could be used to personally identify you.
- "Post"
or "posting" - publish or display.
2. Rules of Conduct
You agree that you are responsible for your own conduct
and communications while using the Service and for any consequences thereof.
You are solely responsible for all Content that you post, upload, email,
transmit or otherwise make available on the Service, or any material or
Information that you transmit to other Members. You agree to use the Service
only to send and receive messages and material that are legal, proper and
related to the subject matter of BetterBidding
You agree to use the Service in ways that are respectful
to other users and their experience and in a manner consistent with any and all
applicable laws and regulations. You agree not to use the Service to:
- Upload, post,
email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
libelous, invasive of another's privacy, hateful or promotes racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
- Exploit people in
a sexual or violent manner;
- Solicit personal
Information from anyone under the age of 18;
- Solicit passwords
or personal identifying Information for commercial or unlawful purposes
from other users;
- Impersonate
another person or entity, whether or not a Member of BetterBidding;
- Upload, post,
email, transmit or otherwise make available restricted or password only
access pages or hidden pages or images (those not linked to or from
another accessible page);
- Upload, post,
email, transmit or otherwise make available any Content that infringes
any patent, trademark, copyright, trade secret or other proprietary right
of any party (collectively the "Proprietary Rights"), unless
you are the owner of the Proprietary Rights or have the permission of its
owner to post such Content;
- Upload, post, email,
transmit or otherwise make available any Content that promotes an illegal
or unauthorized copy of the copyrighted work of another, such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
- Upload, post,
email, transmit or otherwise make available any Content that provides
instructional information about illegal activities such as making or
buying illegal weapons or promote physical harm or injury against any
group or individual, violating someone's privacy, or providing or
creating computer viruses;
- Falsify or delete
any author attributions, legal or other proper notices or proprietary
designations or labels stating the origin or source of software or other
material contained in a file that is posted;
- Promote, engage or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, disruptive
commercial messages, false or misleading information or any other form of
solicitation;
- Transmit any
viruses, worms, defects, Trojan horses, or any items of a destructive
nature;
- Create any posts
that could adversely affect the longevity of the board. Attempt to reverse
engineer, disassemble, decrypt or decompile the Service or any systems of
BetterBidding;
- Do anything that
may interfere with the operation of the Service, including, but not
limited to, hacking, spamming and flood attacking;
- Remove any
copyright, trademark or other proprietary rights notices contained in or
on the Service;
- Interfere with or
disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
- Use of any robot,
spider, site search, retrieval application or other manual or automatic
device to retrieve, index, scrape, data mine or in any way gather or
extract content on or available through the Site or reproduce or
circumvent the navigational structure or presentation of the site without
Web site Owner's express written consent is prohibited;
- Modify, publish,
copy, transmit, transfer, sell, reproduce, create derivative works from,
license, distribute, frame, hyperlink, download, repost, perform, display
or in any way commercially exploit any of the content; provided,
however, you may download one copy of the content for your personal,
non-commercial use only, provided that you keep intact all copyright and
other proprietary notices;
- Submit Content
that falsely expresses or implies that such Content is sponsored or
endorsed by BetterBidding; or
- Create user
accounts by automated means, or under false or fraudulent pretenses.
International users agree to comply with their own local
rules regarding online conduct and acceptable content, including laws
regulating the export of data to the United States or to or from your country
of residence and expressly consent to and acknowledge that by using the Service
they may be transferring personal data to the United States without any
liability or obligation on the part of BetterBidding except as set forth in
this Agreement and in BetterBidding's Privacy Policy.
Although BetterBidding cannot monitor the conduct of its
Members off the website, it is also a violation of these rules to use any
information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent. In order to protect our users from
such advertising or solicitation, BetterBidding reserves the right to restrict
the number of system-generated emails which a user may send to other users in
any 24-hour period to a number which BetterBidding deems appropriate in its
sole discretion.
Content
You understand and agree that BetterBidding may review and
delete any Content in its sole discretion. You also agree that BetterBidding
owns all domain and subdomain addresses within its network, and may take any
action with respect to any address at any time for any reason in its sole
discretion. All information contained on BetterBidding.com is copyrighted
by BetterBidding and may not be reproduced or copied in any manner without the
express written permission of BetterBidding, except users retain a license to
republish their own work. All Information posted to the board becomes the property of
BetterBidding and is included in this copyright. By posting you grant and
assign BetterBidding an irrevocable right to use this Information for any
purpose without notice or compensation.
You understand that all Content is the sole responsibility
of the originator of such Content. This means that you, and not BetterBidding,
are entirely responsible for all Content that you post, upload, distribute,
disseminate or otherwise transmit via the Service. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will BetterBidding be liable in any way
for any Content, including, but not limited to, any errors or omissions in any
Content, or loss or damage of any kind whatsoever incurred as a result of the
use of or exposure to any Content through the Service. You agree that you must
evaluate, and bear all risks associated with, the use of or exposure to any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. You understand that the technical processing and transmission of
the Service, including Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You acknowledge that BetterBidding is under no obligation
to pre-screen, control, edit or endorse Content made available through the
Service nor to monitor the Content made available via the Service. If
BetterBidding discovers Content that does not appear to conform to this Agreement,
BetterBidding may determine in good faith and in its sole discretion whether or
not to remove the Content. BetterBidding is under no obligation to do so and
BetterBidding will have no liability or responsibility for performance or
non-performance of such activities.
You acknowledge and agree that BetterBidding may preserve
or disclose any Content if it reasonably believes disclosure is required by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce this Agreement; (c)
respond to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of BetterBidding its users and
the public. You are solely responsible for your interactions with other users
of the Service. BetterBidding reserves the right, but has no obligation, to
monitor disputes between you and other users of the Service.
3. Eligibility and Registration
Membership in the Service is void where prohibited by law.
You do not need to be a Member to read certain Content on BetterBidding,
however if you want to post messages you will need to complete the registration
process. By using the BetterBidding website and the Service, you represent and
warrant that all registration Information you submit is truthful and accurate,
and that you agree to maintain the accuracy of such Information on an ongoing
basis. To comply with the Children's Online Privacy Protection Act, at this
time BetterBidding is only available to users who are at least 13 years old. IF
YOU ARE UNDER 13, YOU MAY NOT REGISTER TO USE THE SERVICE OR PROVIDE PERSONAL
INFORMATION TO BETTERBIDDING THROUGH THIS WEB SITE.
Your Membership is solely for your personal use, and you
shall not authorize others to use your account, including your profile or email
address. You are solely responsible for all Content published or displayed
through your account, including any email messages, and for your interactions
with other users. As part of the registration process, you will be asked to
select a username and password and you will be responsible for all activities
occurring under your username and for keeping your password secure.
4. Term and Termination
This Agreement shall remain in full force and effect while
you use the Service, and/or are a Member.
5. Other Sites
Some links on the Service lead to sites owned by others. Because BetterBidding has no control over
these sites and there is no relationship between BetterBidding and these sites,
BetterBidding is not responsible for such sites' accessibility via the Internet
and does not endorse, guaranty or warrant those products, services, or
information provided by such sites. As such, BetterBidding is not responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with, use of or reliance by any user of other Content,
goods, or services available on or through any other site, even if user has
been directed there through a link posted on BetterBidding.
BetterBidding is an independent entity and the information
contained here is not supplied or reviewed by Priceline, Hotwire, or any other
travel sites, or their suppliers in any way. The information contained within
the BetterBidding website is not reviewed, confirmed, refuted, commented on, or
corrected by Priceline, Hotwire, or any other entity whose business may be represented
here. BetterBidding may maintain affiliate programs and/or custom programs with
companies whose links and/or names appear on this site, which may result in
compensation. We will do our best to remain objective in the advice that is
given, and you are free to question the logic behind our recommendations.
6. Limitations, Conditions and Rules Regarding Service
You agree that BetterBidding may establish or change, in
its sole discretion, at any time, with or without notice to you, any
limitations, conditions or rules concerning use of the Service.
7. Modification and Termination of Service
BetterBidding reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service (or
any part of it) or your use of the Service, with or without notice. You agree
that BetterBidding shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service or your use of the
Service.
You agree that any termination of your access to the
Service may be immediate and without prior notice. You further agree that
BetterBidding shall not be liable to you or any third-party for any termination
of your use or ability to access the Service. Even after Membership is
terminated, this Agreement will remain in effect.
Specific reasons that BetterBidding may terminate your
access or use, include, but are not limited to:
- lack of use.
- violation of the
letter or the spirit of this Agreement.
- use in your
registration for BetterBidding Membership of an email account that is not
your own or that is or becomes inactive.
- reproduction,
distribution, republication or retransmission of material published by
BetterBidding or posted by other BetterBidding Members
- belief that your
account may cause BetterBidding to lose the services of its ISP or
suppliers.
8. Complaints
The Service is provided by BetterBidding.com, PO Box 1895,
Hoboken, NJ 07030.
If you have a complaint regarding the Service please contact us at
legal@BetterBidding.com . California users may also contact the Complaint
Assistance Unit of the Division of Consumer Services of the Department of
Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, California,
95814, or by telephone at (916) 445-1254.
If
you believe that your work has been copied in a way that constitutes copyright
infringement, please provide BetterBidding's copyright agent the written
information specified below. Please note that this procedure is exclusively for
notifying BetterBidding that your copyrighted material has been infringed.
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 site, including the auction ID number, if applicable;
Your
address, telephone number, and e-mail address;
A
statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
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.
BetterBidding's Copyright Agent for notice of
claims of copyright infringement on its site can be reached as follows:
Copyright
Agent
BetterBidding
PO Box
1895
Hoboken,
NJ 07030
e-mail:
copyright@betterbidding.com
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. BETTERBIDDING, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
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.
- BETTERBIDDING AND
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii)
THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE.
- ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR UNSATISFACTORY
RESULT FROM ANY TRAVEL ARRANGEMENTS BASED ON INFORMATION RECEIVED AS A
RESULT OF ITS USE OF BETTERBIDDING.
- NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY TO YOU BY BETTERBIDDING, ITS PARENT
COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BETTERBIDDING, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BETTERBIDDING HAS BEEN
ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE
USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO,
THROUGH, OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS BY OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
11. Allocation of Risk
You expressly understand and acknowledge that the
consideration provided, through your use of of BetterBidding, is based on the
above limited warranties, remedies, and limitation of liability, and that the
limitations represent a reasonable allocation of risk for the parties.
12. Indemnification
You agree to defend, indemnify and hold each of
BetterBidding, its officers, directors, employees, agents, parents and
licensors, harmless from any and all claims, demands, liabilities, losses,
damages, and/or expenses, including reasonable attorneys' and expert witness
fees arising out of or relating to the use of the Services and/or in violation
of this Agreement by you and/or any users of your BetterBidding account,
including, without limitation, any breach of the representations and warranties
made by you herein, any and all claims arising from Content or other materials
posted onto the Service by you, or the infringement by you, or any other user
of your account, of any Proprietary Rights or other rights of any person or
entity.
13. Breaches of Security
Members and other users must promptly inform BetterBidding
of apparent breaches of security, including without limitation loss, theft,
unauthorized disclosure or use of an ID or password or any violations of this Agreement.
BETTERBIDDING ASSUMES NO LIABILITY AND EXPRESSLY DISCLAIMS ANY WARRANTY OR
LIABILITY THAT MIGHT ARISE IN CONNECTION WITH THE LOSS, THEFT OR UNAUTHORIZED
ACCESS TO OR DISCLOSURE OF AN ID, PASSWORD OR OTHER PERSONAL INFORMATION
RELATING TO THE USE OF THE SERVICE. You expressly assume any and all liability
in connection with actual and/or apparent breaches of security. Notice of
actual or apparent security breaches should be immediately provided upon
discovery and can be delivered to legal@BetterBidding.com
14. Communication and Support
As a part of the Service BetterBidding provides to its
Members, BetterBidding communicates via email, posting, and other means to
inform you of enhancements or changes in offerings, services, or other relevant
information targeted to your interests. Details of these communication efforts
are noted within the Privacy Policy. Users have the
option to remove themselves from various email communications by following the
conditions listed within the message or by following the procedures as noted in
the Privacy Policy.
BetterBidding may provide you with notices regarding the
Service or this Agreement by email and/or posting on this web site. Even though
you may request removal from the distribution of certain emails, BetterBidding
has the right to send messages from time to time that it believes would
interest the Members.
15. General
This Agreement constitutes the entire agreement between
you and BetterBidding and governs your use of the Service, and supersedes all
prior agreements between you and BetterBidding with respect to the Service. You
also may be subject to additional terms and conditions that may apply when you
use certain other BetterBidding
Services.
Headings used in this Agreement are for reference purposes
only and in no way define, limit, construe or describe the scope or extent of
such section or in any way affect this Agreement. All provisions of this
Agreement that by their terms extend beyond the termination of use of the
Services or this Agreement shall survive such termination and remain in full
force and effect.
This Agreement shall be governed by New Jersey law and
controlling United States federal law, without regard to the choice or
conflicts of law provisions of any jurisdiction, and any disputes, actions,
claims or causes of action arising out of or in connection with this Agreement
or the Service shall be subject to the exclusive jurisdiction of the state and
federal courts located in NEWARK, NJ.
The failure of BetterBidding to exercise or enforce any
right or provision of the Agreement shall not constitute a waiver of such right
or provision. If any provision of the Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Agreement shall remain in full
force and effect.
BetterBidding may modify this Agreement from time to time,
in its sole discretion. Each time you use the BetterBidding Services, you will
be deemed to have accepted any such changes. BetterBidding shall have no
obligation to notify you of any such changes other than posting such
modifications on the BetterBidding Service.