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ProBidSource Agreement
Pro Bid Source User Agreement and Privacy Policy PLEASE READ CAREFULLY! THIS SITE IS FOR THE PURPOSE OF 2 OR MORE PARTIES TO EXCHANGE INFORMATION ONLY. ANY USE OF THIS WEBSITE DOES NOT LEGALLY BIND ANY PARTY IN AN ACTUAL LEGALLY BINDING ARRANGEMENT, UNLESS MAKING A PURCHASE FOR MEMBERSHIP OR GOODS FROM PRO BID SOURCE. THE BIDDING PORTION OF THIS SITE IS AN INFORMAL BIDDING PROCESS ONLY AND SHOULD BE VIEWED AS SUCH AND USED IN THAT MANNER ONLY. User Agreement: This Agreement describes the terms on which you are allowed to utilize this web site and it’s services. If you are allowed and have a membership or use this sites services in any manner. _________________________________________________________________________ This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.ProBidSource.com (the "Site") including www.ProBidSource.net If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Pro Bid Source. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement is effective upon acceptance in registration for new registering members / users, and is otherwise effective at that time of actual registration and on Jan 1 2005 for all members / users. The previous amendment to this Agreement was effective for all users on Jan 1 2005. Membership Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Pro Bid Source members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, do not use this Site. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Fees and Services. Our Membership Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Membership Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free Posting or viewing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all Membership fees associated with using our service(s) and the Site and all applicable taxes if any. Pro Bid Source is a venue, only. . Pro Bid Source is not a Contractor. Pro Bid Source only acts as a venue to allow anyone to offer: themselves, to contract another party or be contracted by another party and / or to provide goods and / or services. Pro Bid Source is not involved in the actual contracting or retention of goods or services between either party entering into a contract and does not accept any responsibility for either party to be able to enter into a contract. As a result, we have no control over the quality, safety or legality of any person(s) using this site and the validity of any information provided in this site. Pro Bid Source cannot ensure that a Contractor or any person offering to pay or to reimburse another party in some manner using this site can and will reimburse any other party associated to or using this site. By clicking any I AGREE, SUBMIT, CONTINUE or NEXT button on this at any time you are agreeing to not hold Pro Bid Source responsible for any losses or damages financially, physically (physical property as well as personal), or any other loss realized by any person (s) using this service or associated to and / or using this service. Identity Verification. Pro Bid Source does not assure the accuracy of any identification conveyed by any persons using this site. Release. Because Pro Bid Source is a venue, in the event that you have a dispute with one or more users, you release Pro Bid Source (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Pro Bid Source is not responsible for the acts or omissions of any users on the Site. Posting Projects, Submitting Bids for Projects. Fraud. Without limiting any other remedies, Pro Bid Source may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. Restricted Activities. Your Information (or any projects or bids posted) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement. Feedback Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. You may not work to undermine the feedback rating system such as encouraging another party to give you an undeserved high feedback, to do this may cause for service suspension and / or membership revocation. Breach. Without limiting other remedies, we may limit your activity, immediately remove your bids or posted Projects, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. Privacy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service. Resolution of Disputes. In the event a dispute arises between you and Pro Bid Source, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Pro Bid Source agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. General. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Your privacy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Please read this privacy policy to learn more about the ways in which we use and protect your personal information. We want you to fully understand our privacy practices and therefore, in addition to this Privacy Policy, we have created Privacy Central to help you fully evaluate our practices and answer privacy questions. Overview The privacy practices of this statement apply to our services available under the domain and sub domains of www.ProBidSource.com (the "Site") (including www.ProBidSource.net) and apply generally to our subsidiaries or joint venture websites whose specific privacy policies are available from our Privacy Central pages. By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Site. This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about Pro Bid Source's practices so that you can make informed decisions. All of our subsidiaries and joint ventures operate under similar privacy practices as described in this Privacy Policy and, subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global Pro Bid Source trading community. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Pro Bid Source User Information We Collect. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature. Under some circumstances we may require some additional financial information, such as, but not limited to: if you are registering using an email account at a free email service, or registering to sell on the Site. We use your financial information, including credit card information to verify the accuracy of your name, address, and other information, as well as to bill you for your use of our services. We automatically track certain information based upon your behavior on the Site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address. We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. (Learn more about why we use cookies). Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session. Additionally, you may encounter "cookies" or other similar devices on certain pages of the Site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties. If you establish a credit account with us to pay the fees we charge, we collect some additional information, such as a billing address, a credit card number and a credit card expiration date and tracking information from checks or money orders. If you choose to post messages in our chat areas, rooms or other message areas or leave feedback for other users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you. If you register for Pro Bid Source on another web site or use a web site providing a service for Pro Bid Source or a web site that helps facilitate your activity on Pro Bid Source, that web site may provide personal information about you and your transactions back to Pro Bid Source. Our Use of Your Information. We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy. You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site. You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on the notification preferences page. You may make changes to your notification preferences at any time. Our Disclosure of Your Information. As a matter of policy, we do not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services. Advertisers. We aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are not disclosed to these third parties in a personally identifiable manner without your explicit consent. Pro Bid Source Community. Your User ID is displayed throughout the Site and is therefore available to the public. All of your activities on the Site will be identifiable to your User ID. Other people can see your bids, items that you have purchased in the past, your feedback rating and associated comments, your postings on the Site, and so on. Therefore, if you associate your name with your User ID, the people you have revealed your name to will be able to personally identify your Pro Bid Source activities. External Service Providers. There are a number of separate services offered by third parties that we refer to as external service providers that may be complimentary to your use of the Site (e.g. listing agents, escrow, authentication, mediation, shipping, packaging). If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We do not disclose your personal information to external service providers unless you provide your explicit consent. With your consent we may provide some of your personal information to the external service provider offering such services, for your convenience. Internal Service Providers for Our Operations. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of your personal information directly to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Pro Bid Source related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you (such as for Pro Bid Source surveys or for a co-branded credit card). In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy. Legal Requests. Pro Bid Source cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the Pro Bid Source community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, User ID history, fraud complaints, and bidding and listing history without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to: prevent imminent physical harm or financial loss; or report suspected illegal activity. Further, we can (and you authorize us to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Pro Bid Source as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. Your Use of Other Users' Information. By entering into our User Agreement, you agree that, with respect to other users' personal information that you obtain through the Site or through an Pro Bid Source-related communication or Pro Bid Source-facilitated use Pro Bid Source hereby grants to you a license to use such information only for: Pro Bid Source-related communications that are not unsolicited commercial messages, using services offered through Pro Bid Source and any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without our consent and the consent of that user. You agree that other users may use your personal information to communicate with you in accordance with this Section. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access. Control of Your Password. You are responsible for all actions taken with your User ID and password, including fees charged to your account. Therefore we do not recommend that you disclose your Pro Bid Source password to any third parties. If you choose to share your User ID and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. Accessing, Reviewing and Changing Your Personal Information. Upon your request, we will deactivate your account, contact information, billing information, and financial information from our active databases. Such information will be deactivated as soon as reasonably possible based on your account activity and in accordance with our deactivation policy and applicable law. We will retain in our files some personal information you have requested to remove to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and comply with legal requirements as is permitted by law. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. However, such personal information will be deactivated from public and member viewing and will only be available to select Pro Bid Source personal. Other Information Collectors. Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are bidders, buyers or sellers on our site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Since Pro Bid Source does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others. Security. Your information is stored on Pro Bid Source’s servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, "firewalls" and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet. Privacy Tools. It is our goal to make our privacy practices easy to understand. We have created easy-to-read summaries, privacy principles and, are working on privacy enhancing technology to help summarize our full privacy policy. Notice. We may amend this Privacy Policy at any time by posting the amend terms on the Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. If you agree to all of the above terms and conditions as stated above click on the SUBMIT, CONTINUE OR NEXT BUTTON. If you do not agree with the above Agreement, or have any Questions about the Agreement do not continue and / or contact Pro Bid Source for information Requests.
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