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Best Biddy Corp. Disclaimer:
Last Update: 13 June 2010
Best Biddy Corp. is an online home service
marketplace providing a
competitive auction format enabling consumers to source professionals that can
deliver the “best value” for their projects. The consumer decides what constitutes
“best value” Best Biddy Corp. is to be considered a neutral
facilitator, creating a forum for professionals and consumers.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
General Disclaimer:
By using this Site, you signify your agreement to these
terms and conditions of use. If you are entering into this agreement on behalf
of a company and or other legal entity, you are hereby declaring that you
possess the legal authority to act on behalf of these parties. We
reserve the rights to change the provisions of this Disclaimer/Privacy Policy
at any time, but we will alert you that changes have been made by indicating
the date it was last updated on the disclaimer/privacy policy.
Please check these terms and conditions of use
periodically for changes. Your continued use of this Site following the posting
of changes to this disclaimer constitutes your acceptance of those changes.
In using Best Biddy Corp., you acknowledge that Best Biddy
Corp. is not acting as your general contractor, agent,
or advisor. Therefore, it is your sole responsibility to select a professional
and to negotiate the terms for any work performed. You may want to consult with
appropriate expert advisors to assist, including a lawyer regarding contracts,
permits, and other necessary job documentation and an insurance professional
regarding the professional’s and your own insurance coverage requirements.
Best Biddy Corp. does
not recommend or endorse any specific service provider, provide advice on which
service provider to select, or screen any individual service provider's
personal credit or legal standing.
We do not guarantee that we will be able to match your
service needs with a service professional or that there are service professionals
in your area that are either capable or willing to complete your service needs.
We make no guarantees or representations regarding the application or
installation skills of such service professionals or the quality of the job
that he or she may perform for you if you elect to retain their services. It is
entirely up to you to enter into a direct contract or otherwise reach agreement
with a service professional, and we do not guarantee or warrant their
performance on the job or the outcome or quality of
the services performed. Your rights under contracts you make with service
professionals typically are governed by your province and local laws. Should
you have a dispute with any service professional, you must address such dispute
to the service professional directly, and you hereby agree to release Best
Biddy Corp (and our employees and agents) and any other person, firm, or entity
(including our business partners such as a product manufacturer or supplier who
may employ the Best Biddy Corp. matching utility) from any damages or claims.
We do not provide a warranty regarding the accuracy,
timeliness, authenticity completeness or reliability of any information,
content, service or other merchandise provides through this site.
The Site and the Service may be temporarily
unavailable from time to time for maintenance or other reasons. Best Biddy
Corp. assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of User
Content or user communications, including your User Content.
a. YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE, THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU BY Best Biddy Corp. ONAN "AS IS" BASIS. Best
Biddy Corp. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING:
i. ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND
ii. ANY WARRANTIES PERTAINING TO:
A. THE OPERATION AND
FUNCTIONALITY OF THE SITE;
B. THE ACCURACY,
INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, OF ANY OF THE
SITE CONTENT, INCLUDING THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS
INFORMATION LISTED ON THE SITE
C. THE PRODUCTS AND
SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING PRODUCTS AND
SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM Best Biddy Corp. OR THE SITE
SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION.
b. Best Biddy Corp AND
ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
WARRANTY OR OTHER COMMITMENT THAT (i) THE SITE OR THE
SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE;
AND (iv) ANY ERRORS IN THE SERVICE SOFTWARE WILL BE CORRECTED.
c. YOU ACCESS ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND
RISK; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING
DAMAGE OR LOSSES CAUSED BY VIRUSES, WORMS, TROJAN HORSES OR OTHER SIMILAR
MALICIOUS CODE.
d. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Best Biddy Corp. OR
THROUGH THE SITE/SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
DISCLAIMER.
Proprietary
rights of Best Biddy Corp. and its users:
You acknowledge and agree that Best Biddy Corp. website(s)
www.bestbiddy.com and any content associated with Best Biddy Corp. including
but not limited to: images, logos, pictures, video, company profiles,
advertisers, consumer posts, forum discussion contain proprietary and
confidential information that is protected by copyright and other intellectual
property laws.
Except as expressly authorized by Best Biddy Corp, its
advertisers, users (etc.) you agree
not to recreate, use and or distribute; information/media/intellectual property
found on websites owned and operated by Best Biddy Corp.
Registration:
In consideration of your use of the Service, you represent
that you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the Canada/United States or
other applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form (the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Best Biddy Corp. has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Best
Biddy Corp. has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof). Any
misstatements and/or misrepresentations regarding the age, background,
experience and/or eligibility for employment in the jurisdiction of the
Canada/United States or other applicable jurisdiction, of any Professional or
any other users of this Site are not the responsibility of Best Biddy Corp.
Best Biddy Corp. may monitor Homeowner, Business Owner and Professional
profiles, actions, comments, and general usage of the Site and reserves the
right to remove any Homeowner, Business Owner or Professional not adhering to the
this Disclaimer.
Payments Made to Best Biddy:
All payments made for Best Biddy Basic Listing, Semi-annual or Annual subscription packages are paid in full at the beginning of the period. Unless otherwise stated, all fees are quoted in CAD Dollars. Any and all payments made to Best Biddy Corp. are non-refundable. This includes termination of your subscription due to misuse/inappropriate behavior.
Professionals opting for the yearly (not semi-annual or the basic listing) subscription package offered by Best Biddy Corp. are guaranteed a minimum of 5 local project leads within the first year of service. If you do not receive 5 project leads during your first year, Best Biddy Corp. will automatically extend your service until you have reached 5 project leads for your service area. A project lead consists of an email notification regarding a project in your service area(s) related to your selected service categories. All project leads will count toward your guarantee irrespective of whether or not you choose to submit a bid. Best Biddy Corp. will not be held responsible for any undelivered mail regarding project leads. This guarantee does not have a monetary value nor can it be transferred to another account.
Professionals signed up with Best Biddy Corp. on the Semi-Annual or Annual subscription package are able to submit special offers (promotions, contests etc.) in regards to their services. These special offers will be added as a rotating advertisement on the “Find Professionals” page in the specified location of the professional. Best Biddy Corp does not guarantee a minimum amount of views for your advertisement nor does Best Biddy Corp guarantee the accuracy of your special offer. Best Biddy reserves the right to remove special offers that are deemed inappropriate.
If you use a credit card, our billings will appear under the name Best Biddy Corp. You may revoke your authorization in accordance with the cancellation policy state herein in this Agreement.
By using a credit card to pay Best Biddy Corp. you agree to unconditionally waive any and all 'charge back' rights. If you have a question about a charge on your credit card you agree to contact us as described on our Contact Us page. If you deliberately or inadvertently issue a 'charge back' to your credit card, your account will be terminated and you agree to pay a $50 processing and collection fee to cover our costs for processing the charge back for each and every charge back initiated. Failure to pay these fees will result in your account being turned over to a collection agency and Best Biddy Corp. will pursue civil and criminal legal actions to the fullest extent of the law.
User Accounts:
To use some of the features on the Site, you
may be required to create an account and provide information about yourself to
us. You are responsible for maintaining the confidentiality of the password and
account and for all activities that occur under your password or account. You
agree to notify us immediately of any unauthorized use of your account. We
reserve the right to close or suspend your account at any time, with or without
notice, if we believe you or your account has violated this Disclaimer.
There are two types of accounts:
a. A "Consumer
Account" is an account
for your personal, non-commercial use only, and may be used to post your User
Content (e.g. posting a project). In creating a Consumer Account, we ask that
you provide complete and accurate information about yourself in order to
bolster your credibility as a contributor to the Site, though you may opt
instead to provide information that does not make you personally identifiable.
You may not impersonate someone else (e.g., adopt the identity of a celebrity
or your next-door neighbor), provide an email address other than your own, or
create multiple Personal Accounts.
b. A "Professional Account" is an account for use on the Site as a
representative of a business that is listed on the Site. It is used for updating your business
profile, posting work project descriptions, managing client leads and other
online business activities. In creating or updating a Professional Account, you
must be an authorized representative of the business in question, and you must
provide complete and accurate information about yourself and the business you
represent. You may not provide an email address that is not your own or the
business’ or create multiple Professional Accounts for the same business.
In order to help preserve the integrity of the Site and the
Service, we apply some key restrictions on user activity:
i. Professional Account users may not solicit business from other
Professional Account Users
ii. Professional users may not solicit business from Consumer Account
users unless they are first contacted by the Consumer Account User, or the
Consumer Account user is already an existing client of the Professional Account
User.
You will receive a password and account designation upon
completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify Best Biddy Corp. of any unauthorized use of
your password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. Best Biddy Corp. cannot
and will not be liable for any loss or damage arising from your failure to
comply with this.
Best Biddy Corp. may or may not perform background checks
on user accounts. Best Biddy Corp. takes no responsibility for the correctness
of background checks performed and for proof of licensing and insurance. Best
Biddy Corp. will not be liable for any fraudulent activities and or fraudulent
information provided by its users.
Your Rights to Use this Site:
Subject to the restrictions in this Disclaimer, Best Biddy Corp.
grants you a personal, limited license to access and use the Site and the
Content, including the ability to: (a) search for local businesses and services,
(b) read, write, and share reviews, comments and recommendations about local
businesses, (c) share your User Content through your accounts at other web
services(d) post questions and answers to questions (e) send messages to other
Users; (f) invite people
you know to register with Best Biddy Corp..
You agree not to access the Best Corp. service or the Site by
any means other than through the interface that is provided by Best Biddy Corp.
for that purpose.
Content:
You understand that all information, data, text, software,
music, sound, photographs, graphics, videos, messages, tags, file attachments,
or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such Content
originated. This means that you, and not Best Biddy Corp. are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. Best Biddy Corp. does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content.
You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will Best Biddy Corp. be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. Upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; b. Harm minors in any way; c.
Impersonate any person or entity, including, but not limited to, a Best Biddy
Corp. official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; d. Forge headers or
otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service; e. Upload, post, email, transmit or otherwise
make available any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements); f. Upload,
post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; g. Upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping) that are designated for such purpose;
h. Upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; i. Disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges; j.
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; k. Intentionally or unintentionally violate
any applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the Canada/U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ TSX,, and any regulations having the force of law; l. Provide
material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s)
designated by the Canadian government as a foreign terrorist organization m.
"Stalk" or otherwise harass another; and/or n. Collect or store
personal data about other users in connection with the prohibited conduct and
activities set forth in paragraphs a through m above.
You acknowledge that Best Biddy Corp. may or may not
pre-screen Content, but that Best Biddy Corp. and its designees shall have the
right (but not the obligation) in their sole discretion to pre-screen, refuse,
or remove any Content that is available via the Service. Without limiting the
foregoing, Best Biddy Corp. and its designees shall have the right to remove
any Content that violates this disclaimer.
You acknowledge, consent and agree that Best Biddy Corp.
may access, preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this Disclaimer; (c) respond to claims that any Content violates
the rights of third parties; (d) respond to your requests for customer service;
or (e) protect the rights, property or personal safety of Best Biddy Corp., its
users and the public. Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the Canada or the country in which you reside.
Best Biddy Corp. does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of the
Service, you grant Best Biddy Corp. the following worldwide, royalty-free and
non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on
publicly accessible areas of Best Biddy Corp., you agree to grant Best Biddy
Corp. the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the
purposes of providing and promoting the specific Best Biddy Corp. listing to
which such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the Service and
will terminate at the time you remove or Best Biddy Corp. removes such Content
from the Service. b. With respect to photos, graphics, audios, videos, or file
attachments of any type you submit or make available for inclusion on publicly
accessible areas of the Service, you agree to grant Best Biddy Corp. the
license to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purpose for which
such Content was submitted or made available.
Best Biddy Corp. and its
licensees may display advertisements and other information adjacent to or
included with your User Content on the Site and Other Media. You are not entitled
to any compensation for such advertisements. The manner, mode and extent of
such advertising are subject to change without specific notice to you.
When you post your User
Content to the Site, you grant Best Biddy Corp. the right to use your User Content
on or for the benefit of the Site or the Service, including by: modifying,
reproducing, distributing and displaying it as Best Biddy Corp. deems necessary
to facilitate the posting and storage of the User Content on the Site; and
publishing it to third parties, associating it with your account name, and
licensing the same rights to third parties for use in connection with other
media platforms, products and services. You expressly grant Best Biddy Corp. an
irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free,
worldwide license, with the right to sublicense, to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part),
and distribute your User Content for any purpose, commercial, advertising, or
otherwise, on or in connection with the Site or the Service or the promotion of
the Site or the Service, and to modify and prepare derivative works of your
User Content, including by incorporating it into other materials. In connection
with the foregoing license, you waive any “moral rights” that you
may have in your User Content.
Service:
This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the time
you remove or Best Biddy Corp. removes such Content from the Service. You agree
to indemnify and hold Best Biddy Corp. and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection to the Service,
your violation of the disclaimer, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service (including your Best Biddy
Corp. ID), use of the Service, or access to the Service. Best Biddy Corp.
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Best Biddy Corp. shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
Your correspondence or business dealings with service
providers or other members of Best Biddy Corp., found on or through the
Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties, offers, bids, or representations
associated with such dealings, are solely between you and such service
providers and/or members. You agree that Best Biddy Corp. shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such service providers
and/or members on the Service.
You agree to grant Best Biddy Corp. the rights to analyze
data exchanged and entered by members so Best Biddy Corp. can provide any
service it chooses to its members Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that Best Biddy
Corp. shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Service. You agree to grant Best Biddy Corp. the rights
to analyze data entered by members for the sole purposes of Best Biddy Corp.
targeting advertisements.
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because Best Biddy Corp. has
no control over such sites and resources, you acknowledge and agree that Best
Biddy Corp. is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such sites or
resources.
You further acknowledge and agree that Best Biddy Corp.
shall not be 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
on any such Content, goods or services available on or through any such site or
resource. Best Biddy Corp. reserves and has the right to sell, license and/or
display any advertising, attribution, links, promotional and/or distribution
rights in connection with Your Content, and Best Biddy Corp. will be entitled
to retain any and all revenue generated from any sales or licenses of such
advertising, attribution, links, or promotional or distribution rights. Nothing
in this Disclaimer obligates or may be deemed to obligate Best Biddy Corp. to
sell, license or offer to sell or license any advertising, promotion or
distribution rights. Once you purchase any of Best Biddy Corp. Services, the
Media Placement cannot be cancelled except pursuant to Best Biddy Corp.
Site Availability:
You acknowledge that Best
Biddy Corp. may establish general practices and limits concerning use of the
Site or the Service, including the period of time for which User Content will
be retained, the size of User Content files that you upload to the Site or
transmit via the Service, the maximum disk space that will be allotted on Best
Biddy Corp. servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Site or the Service in a given
period of time. You agree that Best Biddy Corp. has no responsibility or
liability for the deletion or failure to store any User Content maintained or
transmitted by the Service. Best Biddy Corp. may log off accounts that are
inactive for an extended period of time. Best Biddy Corp. may modify these
general practices and limits from time to time.
Dealings with
Professional Users & Advertisers:
Your correspondence or
business dealings with, or participation in promotions of, business users or
advertisers found on or through the Site or the Service, including payment for
and delivery of related products or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and the business user or advertiser. Best Biddy Corp. is not and will not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such business
users or advertisers on the Site or the Service.
Your dealings with
advertisers found on or through the site, are solely between you and such
advertiser. You agree that Best Biddy Corp. shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presences of such advertisers on the site. Also by
viewing the advertisements, this does not result in any compensation and or
payment to you the user.
Third Party Websites
and Content:
The Site contains (or you may be sent through
the Site or the Service) links to other web sites (“Third Party Sites”)
as well as Content, information, applications, software and other items belonging
to or originating from third parties (the “Third Party Materials”).
Third Party Sites and Third Party Materials may include the websites and
materials of this Site’s business users. We do not investigate, monitor
or check Third Party Sites and Third Party Materials for accuracy and
completeness, and we assume no obligation to do so. We are not responsible for
any Third Party Sites accessed through the Site or any Third Party Materials
posted on, available through or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices or other
policies relating to in the Third Party Sites or the Third Party Materials. Our
inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Materials does not imply our approval or
endorsement. If you decide to leave the Site and access the Third Party Sites
or to use or install any Third Party Materials, you do so at your own risk and
you should be aware that our terms and policies no longer apply. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Site or relating to any
applications you use or install from the site.
Feedback:
By providing feedback and testimonials, you consent to our
use, publication and/or distribution of such feedback at no compensation to
you, and if you if you are a service professional, you acknowledge that all
such ratings and reviews are solely owned by Best Biddy Corp. and you consent
to the publication of ratings and reviews about you and your business.
As a contributor of feedback, you acknowledge and warrant
that all of the information (Feedback, Ratings, Reviews, Rebuttals and
Testimonials) submitted will be factually accurate.
Once a
Feedback, Rating, Review, Rebuttal and/or Testimonial is submitted to Best
Biddy Corp. for publication, it becomes the property of Best Biddy Corp. and
contributor and contractor agree to assign or will assign all rights, title and
interest in the content of a Review to Best Biddy Corp.
In so far as
the content of a Feedback, Rating, Review, Rebuttal and/or Testimonial has not
yet been assigned to Best Biddy Corp., you hereby warrant that you are able to
and grant to Best Biddy Corp. a royalty-free, perpetual, irrevocable,
non-exclusive, world-wide right and license to use, reproduce, modify, adapt,
publish, translate and distribute and / or incorporate into other works in any
form, media or technology now known or hereafter developed any copyrights,
trade-mark rights or other proprietary rights in the content that are not owned
by you.
Feedback,
Rating, Review, Rebuttal and/or Testimonial represent the opinion of the
contributor. If Best Biddy Corp. finds that a contributor has submitted a false
or misleading Feedback, Rating, Review, Rebuttal and/or Testimonial, Best Biddy
Corp. reserves the right to delete the Feedback, Rating, Review, Rebuttal
and/or Testimonial and reject subsequent submissions from that contributor. Best
Biddy Corp. does not take responsibility for the accuracy or completeness of
Feedback, Rating, Review, Rebuttal and/or Testimonial. It is the responsibility
of the Site's users to evaluate the accuracy, completeness and / or usefulness
of any information, opinion, advice or other content found on the Site.
Best Biddy
Corp. makes no claim to verifying the authenticity or accuracy of any
testimonial before it is published to its website. Best Biddy Corp. will not
edit testimonials in any way other than to correct spelling mistakes and
blatant grammatical errors. Best Biddy Corp. has the discretion to remove
testimonials that include foul or vulgar language. Notwithstanding, Best Biddy
Corp. reserves the right to add, change or remove reviews at any time. Best
Biddy Corp. is not responsible for the contents of reviews posted to any
contractor's profile.
Best Biddy
Corp. reserves the right to monitor Feedback, Ratings, Reviews, Rebuttals
and/or Testimonials and edit submissions by contributors to ensure compliance
with this disclaimer and any applicable laws. Best Biddy Corp. further reserves
the right to paraphrase or otherwise edit Feedback, Ratings, Reviews, Rebuttals
and/or Testimonials.
Material and
content published in a Feedback, Rating, Review, Rebuttal and/or Testimonial on
the Site are the sole responsibility of the contributor. This means that a
contributor, and not Best Biddy Corp. is entirely responsible for all material
and content submitted to Best Biddy Corp. and which may be contained in a Feedback,
Rating, Review, Rebuttal and/or Testimonial.
Best Biddy
Corp. reserves the right to deny requests to remove any Feedback, Ratings,
Reviews, Rebuttals and/or Testimonials from the site including members profile
information.
Under no
circumstances will Best Biddy Corp. be liable in any way for any material and
content, including but not limited to, any errors or omissions in any material
and content, or for any loss or damage of any kind incurred as a result of the
use of or reliance upon the material and content published in a Feedback,
Rating, Review, Rebuttal and/or Testimonial.
Termination of Membership and Cancellation of Subscription:
In addition to all other legal remedies available to Best
Biddy Corp., You acknowledge that Best Biddy Corp. has the right to remove Your
Content from the Service or refuse to include Your Content in the Service,
suspend or terminate Your Best Biddy Corp. account or refuse to grant You
access to any current or future use of the Service or any Best Biddy Corp.
service, with or without warning, if Best Biddy Corp., in its sole discretion,
believes You have:
(i) violated or tried to violate the rights of Best
Biddy Corp. or others; or
(ii) violated or tried to violate or acted inconsistently pursuant to this
disclaimer. You agree that Best Biddy Corp. may, under certain circumstances
and without prior notice, immediately terminate your Best Biddy Corp. account,
any associated access to the Service.
Cause for such termination shall include, but
not be limited to, (a) breaches or violations of the disclaimer or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, (f) extended periods
of inactivity, (g) engagement by you in fraudulent or illegal activities,
and/or (h) nonpayment of any fees owed by you in connection with the Services.
Best Biddy Corp. does not incur any liability for
terminating a user (professional or consumer) account.
This Agreement will remain in full force and effect while you use the Website and/or are a Member of bestbiddy.com. You may terminate your membership and/or Subscription at any time, for any reason. To cancel a Subscription or terminate your membership please send a written notice of termination to Best Biddy Corp. P.O. Box 7708 RPO HWY 7, Markham, Ontario, L3P 0C8 Canada, or email notice of termination to info@bestbiddy.com
If you terminate your Subscription, your Subscription will remain active until the end of your then-current Subscription period (that is, the subscription period through which you had paid prior to your termination). Best Biddy Corp may terminate your membership and/or subscription by sending notice to you at the email address you provide in your membership registration, or such other email address as you may later provide to Best Biddy Corp.
If Best Biddy Corp terminates your membership to the website because you have breached this agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Best Biddy Corp. Best Biddy Corp. is not required to provide you notice prior to terminating your membership and/or Subscription. Best Biddy Corp. is not required to disclose a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect.
Limitation of Liability:
If, notwithstanding
the other provisions of these Terms , Best Biddy Corp. is found to be liable to
you or your Company for any damage or loss which arises out of or is in any way
connected with your use of the Site, Service or any Content, Best Biddy Corp.
liability shall in no event exceed the greater of the total of any subscription
or similar fees with respect to any service or feature of or on the Site paid
by you to Best Biddy Corp. in the three months prior to the date of the initial
claim made against Best Biddy Corp.
Dispute Resolution:
In the case of a
dispute between users and or Best Biddy Corp., the following actions must be
taken before any legal involvement towards Best Biddy Corp is made.
1.
The users are urged to resolve the issue
civilly between themselves
2.
Seek an arbitrator to
resolve the issue.
3.
Proceed to a legal
resolution.
Best
Biddy Corp. is not responsible for any fees incurred during the dispute resolution
(i.e. legal fees, arbitrator fees etc.)
Entire Agreement:
This
disclaimer is the only agreement that governs the use of the Best Biddy Corp.
website(s), www.bestbiddy.com and other websites under www.bestbiddy.com (collectively “the site”).
Privacy Policy:
Click HERE to view the Best Biddy Corp.
Privacy Policy.
Disclaimer and Privacy Policy Modifications:
Your use of the Site, and any
disputes arising from it, are subject to this Privacy Policy as well as our
Disclaimer and all of its dispute resolution provisions, including disclaimers
of warranties, limitations on damages, choice of law and forum. We reserve the
right to change the provisions of this Privacy Policy at any time, but we will
alert you that changes have been made by indicating on the Privacy Policy the
date it was last updated. Your use of the Site following the posting of such
changes or revised statement will constitute your acceptance of the changes.
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