BetterBidding.com Terms of Service (Revised Jan 9, 2013)
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.
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.
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.
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.
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:
PO Box 1895
Hoboken, NJ 07030
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.
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
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.
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.